BILL ANALYSIS Ó
AB 144
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
144 (Mathis)
As Amended June 1, 2015
Majority vote
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|ASSEMBLY: | 78-0 | (May 14, |SENATE: |40-0 | (September 8, |
| | |2015) | | |2015) |
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Original Committee Reference: PUB. S.
SUMMARY: Specifies that the fourth violation of illegal dumping
on private property shall be a misdemeanor punishable by up to 30
days in the county jail.
The Senate amendments make non-substantive technical changes to
the bill.
EXISTING LAW:
1)States that it is unlawful to dump or cause to be dumped waste
matter in or upon a public or private highway or road, including
any portion of the right-of-way thereof, or in or upon private
property into or upon which the public is admitted by easement
or license, or upon private property without the consent of the
owner, or in or upon a public park or other public property
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other than property designated or set aside for that purpose by
the governing board or body having charge of that property.
2)Provides it is unlawful to place, deposit, or dump, or cause to
be placed, deposited, or dumped, rocks, concrete, asphalt, or
dirt in or upon a private highway or road, including any portion
of the right-of-way of the private highway or road, or private
property, without the consent of the owner or a contractor under
contract with the owner for the materials, or in or upon a
public park or other public property, without the consent of the
state or local agency having jurisdiction over the highway,
road, or property.
3)States that a person violating dumping provisions is guilty of
an infraction. Each day that waste placed, deposited, or dumped
in violation the law is a separate violation.
4)Provides these provisions do not restrict a private owner in the
use of his or her own private property, unless the placing,
depositing, or dumping of the waste matter on the property
creates a public health and safety hazard, a public nuisance, or
a fire hazard, as determined by a local health department, local
fire department or district providing fire protection services,
or the Department of Forestry and Fire Protection, in which case
this section applies.
5)Specifies a person convicted of dumping shall be punished by a
mandatory fine of not less than $250 nor more than $1,000 upon a
first conviction, by a mandatory fine of not less than $500 nor
more than $1,500 upon a second conviction, and by a mandatory
fine of not less than $750 nor more than $3,000 upon a third or
subsequent conviction. If the court finds that the waste matter
placed, deposited, or dumped was used tires, the fine prescribed
in this subdivision shall be doubled.
6)Provides that the court may require, in addition to any fine
imposed upon a conviction, that, as a condition of probation and
in addition to any other condition of probation, a person
convicted under this section remove, or pay the cost of
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removing, any waste matter which the convicted person dumped or
caused to be dumped upon public or private property.
7)Except when the court requires the convicted person to remove
waste matter which he or she is responsible for dumping as a
condition of probation, the court may, in addition to the fine
imposed upon a conviction, require as a condition of probation,
in addition to any other condition of probation, that a person
convicted of a violation of this section pick up waste matter at
a time and place within the jurisdiction of the court for not
less than 12 hours.
8)States that a person who places, deposits, or dumps, or causes
to be placed, deposited, or dumped, waste matter in violation of
this section in commercial quantities shall be guilty of a
misdemeanor punishable by imprisonment in a county jail for not
more than six months and by a fine. The fine is mandatory and
shall amount to not less than $1,000 nor more than $3,000 upon a
first conviction, not less than $3,000 nor more than $6,000 upon
a second conviction, and not less than $6,000 nor more than
$10,000 upon a third or subsequent conviction.
9)Defines "commercial quantities" means an amount of waste matter
generated in the course of a trade, business, profession, or
occupation, or an amount equal to or in excess of one cubic
yard. This subdivision does not apply to the dumping of
household waste at a person's residence.
FISCAL EFFECT: According to the Senate Appropriations Committee:
1)Local jails: Potential minor future increase in
non-reimbursable local costs (General Fund) for enforcement and
incarceration to the extent the new misdemeanor results in
additional short-term jail sentences.
2)Accrued fines vs. separate violations: Unknown, potential
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decrease in fine and state penalty revenues, potentially in
excess of $50,000 (General Fund), to the extent the same fine as
initially imposed accrues each day the waste matter remains
unabated versus the imposition of separate violations under
existing law, which would require cumulatively higher assessed
fines for the first three days the waste matter remains unabated
and a higher assessed fine for the remainder of the period.
COMMENTS: According to the author, "Under existing law, dumping
in non-commercial quantities on private property is only an
infraction and subject to a minor fine and no jail time. Illegal
dumping on private property is a serious issue for property
owners, law enforcement agencies, and communities as a whole.
Dumpers impose significant clean-up costs upon the owners of the
afflicted property. Dumping also poses a costly burden on law
enforcement officials whom are called to respond when an incident
occurs. Communities also suffer more than a nuisance as property
values and revenues to local government suffer due to blight from
dumping. While the costs and negative outcomes associated with
illegal dumping on private property can be high, the penalties for
offenders whom are apprehended are too minor to provide adequate
deterrence from this behavior. This bill would increase the
penalty for illegal dumping on private property in non-commercial
quantities from an infraction to a misdemeanor, subject to stiffer
fines and up to 30-days of jail time, to discourage illegal
dumping."
Analysis Prepared by:
Gabriel Caswell / PUB. S. / (916) 319-3744 FN:
0001813
AB 144
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