BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1379|
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THIRD READING
Bill No: AB 1379
Author: Hill (D)
Amended: 7/13/09 in Senate
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 7-3, 7/7/09
AYES: Lowenthal, DeSaulnier, Harman, Kehoe, Pavley,
Simitian, Wolk
NOES: Huff, Ashburn, Hollingsworth
NO VOTE RECORDED: Oropeza
ASSEMBLY FLOOR : 50-18, 5/14/09 - See last page for vote
SUBJECT : Cargo loads: spilling
SOURCE : Author
DIGEST : This bill imposes a minimum base fine of $50 for
spilling a load on the states highways.
ANALYSIS :
Existing law:
1. 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
CONTINUED
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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.
2. 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
amounting to about 270 percent 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/10/09)
Teamsters Public Affairs Council
ARGUMENTS IN SUPPORT : The author's office introduced
this bill in response to complaints from 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
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from $50 to $100 under the bill, which will make the total
assessment range from $185 to $370. The author's office
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.
ASSEMBLY FLOOR :
AYES: Arambula, Beall, Block, Blumenfield, Brownley,
Buchanan, Caballero, Charles Calderon, Carter, Chesbro,
Coto, Davis, De La Torre, De Leon, DeVore, Emmerson, Eng,
Evans, Feuer, Fong, Furutani, Galgiani, Hall, Hayashi,
Hernandez, Hill, Huber, Huffman, Jeffries, Jones,
Krekorian, Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning,
Nava, John A. Perez, V. Manuel Perez, Portantino, Price,
Ruskin, Salas, Skinner, Solorio, Swanson, Torlakson,
Torres, Torrico, Yamada
NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
Conway, Duvall, Fuller, Gilmore, Hagman, Knight, Logue,
Miller, Niello, Nielsen, Silva, Audra Strickland, Tran,
Villines
NO VOTE RECORDED: Ammiano, Blakeslee, Cook, Fletcher,
Fuentes, Gaines, Garrick, Harkey, Nestande, Saldana,
Smyth, Bass
JJA:do 7/10/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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