BILL ANALYSIS �
AB 1767
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Date of Hearing: April 7, 2014
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 1767 (Holden) - As Introduced: February 14, 2014
SUBJECT : Santa Monica Mountains Conservancy: property
destruction: fines
SUMMARY : Increases the maximum fines imposed for specific types
of crimes conducted on lands owned or managed by the Santa
Monica Mountains Conservancy (Conservancy). Requires fine
revenues to pay the costs of repairs and clean up related to the
damage caused by these crimes, with the remaining funds to going
to the Conservancy for resource conservation and park grants.
EXISTING LAW :
1)Establishes the Conservancy within the Natural Resources
Agency to acquire and protect lands within the Santa Monica
Mountains Zone, which is an area of approximately 650,000
acres, generally encompassing the mountain areas of eastern
Ventura County, western Los Angeles County, and the mountain
areas surrounding the San Fernando, La Crescenta, and Santa
Clarita Valleys.
2)Creates a misdemeanor punishable by a fine of not more than
$1,000, or imprisonment in the county jail for not more than
six months, or both that fine and imprisonment for
unauthorized dumping on property owned or managed by the
Conservancy.
3)Creates a misdemeanor punishable by a fine of not more than
$1,000, or imprisonment in the county jail for not more than
six months, or both that fine and imprisonment for injuring,
defacing, or destroying any property owned or managed by the
Conservancy.
4)Creates a misdemeanor punishable by imprisonment in the county
jail not exceeding 90 days, or by a fine not exceeding $1,000,
or by both that fine and imprisonment for violation of the
posted conditions of use on any property owned or managed by
the Conservancy. Authorizes the judge, in considering the
recommendation of the prosecuting attorney, to reduce the
charged offense from a misdemeanor to an infraction.
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Requires any person convicted of the offense after such a
reduction to be punished by a fine of not less $100, nor more
than $500.
THIS BILL :
1)Increases the $1,000 maximum fine for each misdemeanor
referenced above to $1,500. When a misdemeanor is reduced to
an infraction, increases the $100 minimum fine to $250 and the
$500 maximum fine to $750.
2)Requires revenues from these fines to be deposited into the
Santa Monica Mountains Conservancy Fund (Conservancy Fund),
upon appropriation, to pay the costs of any necessary property
repairs or clean up related to violations, with any remaining
funds to be used by the Conservancy to award specified
resource conservation and park grants.
FISCAL EFFECT : Unknown
COMMENTS :
1)Author Statement . According to the author:
Fine levels for damage to property or the environment
have not increased at the Santa Monica Mountains
Conservancy in over a decade. In the intervening ten
years, state budget cuts required the Conservancy to
increasingly rely upon Bond funds approved through
various state ballot measures. Many of these funds
contain strict limits on the use of their proceeds.
Because of these limits the Conservancy is limited in
the scope of funding for vital local projects.
AB 1767 seeks to provide the Conservancy increased
revenue and flexibility by increasing the fines and
using the new revenue to first pay for the repairs of
any damage to the Conservancy property and then to
help fund grants. The grant assistance is designed to
provide the Conservancy additional funding for
projects that do not fully meet the strict criteria
defined in a state ballot measure.
2)Background . The Conservancy was established by the California
State Legislature in 1980. Since that time, it has helped to
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preserve over 69,000 acres of parkland in both wilderness and
urban settings, and improved more than 114 public recreational
facilities throughout Southern California. Additionally, it
has given grants to nonprofit organizations for educational
and interpretation programs that have served hundreds of
thousands of children and other park visitors.
In 1984, the Legislature established criminal penalties
specific to Conservancy property to address issues with
dumping, property damage, and violating posted rules. The
maximum fine for each penalty was $500. Eighteen years later,
in 2002, the Legislature increased the maximum fines to
$1,000.
The Mountains Recreation and Conservation Authority (MRCA),
which is a local government public entity established in 1985
pursuant to the Joint Powers Act, manages and provides ranger
services on Conservancy property. The MRCA is who would
typically cite people for violations under the Conservancy's
statutes.
According to the author's office, the most common types of
violations are: a) dogs off leash and dogs in prohibited
areas; b) unauthorized barbeques; c) cigarette and marijuana
smoking in no-smoking areas; d) alcohol drinking; and, e)
unauthorized commercial uses, such as unpermitted filming,
photography, and dog walking services.
According to Conservancy staff, there are a number of cases
that involve graffiti, property destruction, and dumping. In
some of these cases, the MRCA is able to identify the
responsible party and issue a citation.
3)Increasing the Maximum Fine Limits . As stated above, the
maximum fine for each penalty under the Conservancy's statutes
was $500 in 1984. Eighteen years later, in 2002, the
Legislature increased the maximum fine limits to $1,000, which
was a 100 percent increase. Now, twelve years later, this
bill proposes to increase these maximum fine limits to $1,500,
which is only a 50 percent increase. Using the U.S. Bureau of
Labor Statistics' inflation calculator, $1,000 in 2002 is the
equivalent to $1,305.06 in 2014; therefore, this bill would
increase the maximum fine limits by just under $200 more than
what an inflation adjustment would call for.
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4)Bounty Hunter Concern . This bill will send fine revenues to
the Conservancy Fund rather than the state's General Fund.
This may create an incentive for the Conservancy to implement
overly strict rule enforcement in order to generate revenue.
If this was to occur, there may be the unintended consequence
of deterring law abiding citizens from visiting Conservancy
property (which, in general, would be a bad thing). It should
be noted that this bill is authored sponsored, and while the
Conservancy now supports the bill, they did not develop it.
It appears that the author is simply being proactive in trying
to find new ways to help the Conservancy. No impression has
been given to the committee's staff that there is some
nefarious plan by the Conservancy to fund itself by ramping up
its citation program.
However, to assuage some of the potential bounty hunter
concerns while also helping the Conservancy address costs
associated with violations, the author and the committee may
wish to consider amendments that only allow the Conservancy to
receive fine revenues for violations involving unauthorized
dumping and for violations related to injuring, defacing, or
destroying Conservancy property. Fines collected for
violating posted conditions (e.g., stop signs) would not go to
the Conservancy. The MRCA has been publically criticized for
putting up stop sign cameras "on rustic scenic drives and
out-of-the-way parking lots" that have led to the collection
of millions of dollars in fine revenues .
REGISTERED SUPPORT / OPPOSITION :
Support
Santa Monica Mountains Conservancy
Opposition
None on File
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092
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