BILL ANALYSIS                                                                                                                                                                                                    






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: AB 1379
          SENATOR ALAN LOWENTHAL, CHAIRMAN               AUTHOR:  hill
                                                         VERSION: 6/24/09
          Analysis by: Carrie Cornwell                   FISCAL:  no
          Hearing date: June 30, 2009






          SUBJECT:

          Cargo loads: spilling

          DESCRIPTION:

          This bill imposes a minimum base fine of $50 for spilling a load  
          on the state's highways.

          ANALYSIS:

          Existing state law: 

           Prohibits a vehicle from being driven or moved on any road  
            unless the vehicle is constructed, covered, or loaded to  
            prevent any of its contents or load other than clear water or  
            feathers from live birds from dropping, sifting, leaking,  
            blowing, spilling, or otherwise escaping from the vehicle.  
            State law defers to federal law, however, on loads of hay and  
            straw, and federal law allows for a minimal amount of hay and  
            straw to blow off a vehicle.

           Prescribes how aggregate (e.g., gravel) shall be carried,  
            contained, and covered, including the equipment required on a  
            truck hauling aggregate and the process for covering that  
            truck's load, to minimize aggregate spilling.

          Existing law imposes penalties for violating the above cargo  
          spilling laws that provide for a base fine of up to $100 for a  
          first offense. The Judicial Council, the constitutional policy  
          making body of the state court system, adopts uniform bail and  
          penalty schedules to establish uniform base fines for certain  
          offenses. The uniform bail schedule sets the base fine for  
          violating these cargo spilling provisions at $35 for a first  
          offense. When various additional penalty assessments, typically  




          AB 1379 (HILL)                                           Page 2

                                                                       


          amounting to about 270% of the base fine amount, are added the  
          total fine becomes $130. 

          Existing law makes a second cargo spilling offense committed  
          within two years a misdemeanor, which is subject to a base fine  
          of up to $1,000 or six months in jail or both. 

           This bill  imposes a base fine of not less than $50 but not more  
          than $100 for a first violation of the state's cargo spilling  
          laws.
          


          COMMENTS:

           1.Purpose  . The author introduced this bill in response to  
            complaints from his constituents about cargo spilling on the  
            roads. This bill responds by increasing the base fine from $35  
            to at least $50. The Judicial Council could establish a base  
            fine at any amount from $50 to $100 under the bill, which  
            would make the total assessment range from $185 to $370. The  
            author believes that increasing the base fine and the  
            resulting concomitant increase in the total assessment a  
            person pays will deter spilling of cargo on the state's roads.

           2.Technical amendment  . On page 4, line 4, delete "or 42001" 

          Assembly Votes:
               Floor:    50 - 18
               Trans:      8 - 2

          POSITIONS:  (Communicated to the Committee before noon on  
          Wednesday,
                     June 24, 2009)

               SUPPORT:  Teamsters Public Affairs Council
          
               OPPOSED:  None received.