BILL ANALYSIS Ó
AB 144
Page 1
GOVERNOR'S VETO
AB
144 (Mathis)
As Enrolled September 11, 2015
2/3 vote
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|ASSEMBLY: | 78-0 | (May 14, |SENATE: |40-0 | (September 8, |
| | |2015) | | |2015) |
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|ASSEMBLY: | 78-0 | (September 9, | | | |
| | |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
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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 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.
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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
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.
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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
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
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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."
GOVERNOR'S VETO MESSAGE:
I am returning the following nine bills without my signature:
Assembly Bill 144
Assembly Bill 849
Senate Bill 168
Senate Bill 170
Senate Bill 271
Senate Bill 333
Senate Bill 347
Senate Bill 716
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Senate Bill 722
Each of these bills creates a new crime - usually by finding a
novel way to characterize and criminalize conduct that is
already proscribed. This multiplication and particularization of
criminal behavior creates increasing complexity without
commensurate benefit.
Over the last several decades, California's criminal code has
grown to more than 5,000 separate provisions, covering almost
every conceivable form of human misbehavior. During the same
period, our jail and prison populations have exploded.
Before we keep going down this road, I think we should pause and
reflect on how our system of criminal justice could be made more
human, more just and more cost-effective.
Analysis Prepared by:
Gabriel Caswell / PUB. S. / (916) 319-3744 FN:
0002457
AB 144
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