BILL ANALYSIS �
-----------------------------------------------------------------
| |
| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2013-2014 Regular Session |
| |
-----------------------------------------------------------------
BILL NO: AB 1767 HEARING DATE: June 10, 2014
AUTHOR: Holden URGENCY: No
VERSION: April 22, 2014 CONSULTANT: Bill Craven
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Santa Monica Mountains Conservancy: property
destruction: fines.
BACKGROUND AND EXISTING LAW
1. The Santa Monica Mountains Conservancy (Conservancy) was
established in 1980 as an entity within the Natural Resources
Agency. It acquires and protects 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.
In addition to its open space preservation work, the Conservancy
contracts for law enforcement within its territory. The
Conservancy is traditionally funded by statewide bond proceeds
and general fund expenditures.
2. Misdemeanors punishable by a fine of not more than $1,000,
or imprisonment in the county jail for not more than six months,
or both, are possible consequences for unauthorized dumping on
property owned or managed by the Conservancy.
3. Misdemeanors punishable by a fine of not more than $1,000, or
imprisonment in the county jail for not more than six months, or
both, are possible consequences for injuring, defacing, or
destroying any property owned or managed by the Conservancy.
4. Misdemeanors punishable by imprisonment in the county jail
not exceeding 90 days, or by a fine not exceeding $1,000, or by
both, are possible consequences for violation of the posted
conditions of use on any property owned or managed by the
conservancy. Judges, in considering the recommendation of the
1
prosecuting attorney, may reduce the charged offense from a
misdemeanor to an infraction. In such circumstances, a person
convicted of the offense is punishable by a fine of not less
than $100, nor more than $500.
PROPOSED LAW
This bill would increase the $1,000 maximum fine for each
misdemeanor referenced above to $1,500. When a misdemeanor is
reduced to an infraction, the bill would increase the $100
minimum fine to $250 and the $500 maximum fine to $750.
The bill would also require revenues from the fines referenced
in points 2 and 3 in Existing Law (but not fine revenues
described in point 4) to be deposited into the Santa Monica
Mountains Conservancy Fund, and upon appropriation, to pay the
costs of any necessary property repairs or clean up related to
the violations, with any remaining funds to be used by the
Conservancy to award specified resource conservation and park
grants.
ARGUMENTS IN SUPPORT
The Mountain Recreation and Conservation Authority (Authority),
a joint powers agency that includes the Santa Monica Mountains
Conservancy, states that this bill would help alleviate the
extensive financial burdens caused by illegal dumping.
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
Assembly amendments excluded revenues from fines for violating
posted conditions from the provision that would have otherwise
allowed those revenues going directly to the Conservancy fund.
As amended by the Assembly, only fine revenues from illegal
dumping and destroying Conservancy property would go directly to
the conservancy fund. This was a reaction to criticism that this
section of law applies to traffic offenses especially the
traffic enforcement program of the Mountain Recreation and
Conservation Authority. Subsequent to the Assembly amendments,
the Conservancy clarified that the relevant code section in fact
does not apply to traffic offenses, and, in any event, could not
apply to the traffic enforcement program of the Mountain
Recreation and Conservation Authority. It is important to note
that the Authority is a legally separate entity from the
Conservancy.
The Conservancy estimated that the penalties under this section
2
of existing law result in less than $1000 each year, but could
serve as a deterrent for potential violators.
That section, Public Resources Code section 33211.5(a) defines
the conditions of use that apply to property owned or subject to
the management of the Conservancy. These include violations of:
�Opening and closing hours;
�Violating temporary closures because of fire, mudslide,
landslide, or flood or other emergency declaration;
�Parking and off-road operations of vehicles; and
�Activities at campgrounds and on trails regarding smoking,
fires, fireworks, possession of weapons, and protection of
natural and historic resources.
In consultation with the relevant Assembly policy committee, the
following amendments are suggested. Disregarding the technical
amendments, the first would allow all of the misdemeanors in
this section to be reduced to infractions by a judge. Current
law limits this option only to violations of "posted conditions"
and does not apply to illegal dumping or destruction of property
or natural features.
The second would cross-reference the relevant section that
establishes the range of misdemeanors that would be covered by
the bill.
The third finding declares legislative intent that section
33211.5(a) does not include stop sign photo enforcement.
AMENDMENTS
Amendment 1: page 3, line 1, put a period after "imprisonment."
Amendment 2: page 3, line 7, create a new (d): "At the time a
particular action pursuant to this section is commenced, the
3
judge may, considering the recommendation of the prosecuting
attorney, reduce the charged offense from a misdemeanor to an
infraction. Any person convicted of the offense after such a
reduction shall be punished by a fine of not less than two
hundred and fifty dollars ($250) nor more than seven hundred
fifty dollars ($750)."
Amendment (3). Page 3, line 8. Change (d) to (e).
Amendment 4: Page 3, line 8, after "to" add "this section" and
on line 9, delete "subdivision (a) and (b)."
Amendment 5: Add new section: The Legislature finds and declares
that Public Resources Code Section 33211.5 (a)(3) cannot be used
for stop sign photo-enforcement.
SUPPORT
Santa Monica Mountains Conservancy
Mountains Recreation and Conservation Authority
OPPOSITION
None Received
4