Existing law prohibits dumping waste matter in or upon a public or private highway or road, 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. A violation of these provisions is an infraction punishable by a fine between $250 and $1,000 for a first conviction, between $500 and $1,500 for a 2nd conviction, and between $750 and $3,000 for a 3rd or subsequent conviction.

This bill would make dumping waste matter on private property, including on any private road or highways, without the consent of the owner punishable by a fine between $250 and $1,000 for a first conviction, between $500 and $1,500 for a 2nd conviction, and between $750 and $3,000 for a 3rd conviction. The bill would make a 4th or subsequent conviction a misdemeanor punishable by imprisonment in a county jail for not more than 30 days and by a fine of not less than $750 nor more than $3,000.

By changing the definition of a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law prohibits dumping waste matter in or upon a public or private highway or road, 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. A violation of these provisions is an infraction punishable by a fine between $250 and $1,000 for a first conviction, between $500 and $1,500 for a 2nd conviction, and between $750 and $3,000 for a 3rd or subsequent conviction.

This bill would make dumping waste matter on private property, including on any private road or highways, without the consent of the owner punishable by a fine between $250 and $1,000 for a first conviction, between $500 and $1,500 for a 2nd conviction, and between $750 and $3,000 for a 3rd or conviction. The bill would make a fourth 4th or subsequent conviction a misdemeanor punishable by imprisonment in a county jail for not more than 30 days and by a fine of not less than $750 nor more than $3,000.

By changing the definition of a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law prohibits dumping waste matter in or upon a public or private highway or road, 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. A violation of these provisions is an infraction punishable by a fine between $250 and $1,000 for a first conviction, between $500 and $1,500 for a 2nd conviction, and between $750 and $3,000 for a 3rd or subsequent conviction.

This bill would make dumping waste matter on private property, including on any private road or highways, without the consent of the owner a misdemeanor punishable by imprisonment in a county jail for not more than 30 days and by punishable by a fine between $250 and $1,000 for a first conviction, between $500 and $1,500 for a 2nd conviction, and between $750 and $3,000 for a 3rd or subsequent conviction. The bill would make a fourth or subsequent conviction a misdemeanor punishable by imprisonment in a county jail for not more than 30 days and by a fine of not less than $750 nor more than $3,000.

By changing the definition of a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law requires the Department of Justice to notify a state or local agency employing a peace officer authorized to carry a firearm if a peace officer is prohibited from possessing, receiving, owning, or purchasing a firearm pursuant to state or federal law.

This bill would make a technical, nonsubstantive change to that provision.

GOVERNOR'S VETO

GV Bill Id:AB 144

Author:(Mathis)

As Enrolled Ver:September 11, 2015

2/3 vote

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 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.

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.

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 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

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

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 144

Author:(Mathis)

As Amended Ver:June 1, 2015

Majority vote

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 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.

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.

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 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."

Analysis Prepared by: Gabriel Caswell / PUB. S. / (916) 319-3744 FN: 0001813

 THIRD READING  

Bill No: AB 144

Author: Mathis (R), et al.

Amended: 6/1/15 in Senate

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/9/15

AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15

AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

ASSEMBLY FLOOR: 78-0, 5/14/15 (Consent) - See last page for vote

SUBJECT: Dumping

SOURCE: Author

DIGEST: This bill increases the penalty for illegal dumping of waste matter in non-commercial quantities on private property for fourth and subsequent convictions to a misdemeanor, as specified, and would revise how fines are assessed during the period the waste matter remains unabated.

ANALYSIS:

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. (Penal Code, § 374.3 (a).)
   
   

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. (Penal Code, § 374.3 (b).)
   
   

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. (Penal Code § 374.3 (c).)
   
   

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. (Penal Code, § 374.3 (d).)
   
   

5. Specifies a person convicted of dumping shall be punished by a mandatory fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) upon a first conviction, by a mandatory fine of not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500) upon a second conviction, and by a mandatory fine of not less than seven hundred fifty dollars ($750) nor more than three thousand dollars ($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. (Penal Code § 374.3 (e).)
   
   

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. (Penal Code § 374.3(f).)
   
   

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. (Penal Code § 374.3 (g).)
   
   

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 one thousand dollars ($1,000) nor more than three thousand dollars ($3,000) upon a first conviction, not less than three thousand dollars ($3,000) nor more than six thousand dollars ($6,000) upon a second conviction, and not less than six thousand dollars ($6,000) nor more than ten thousand dollars ($10,000) upon a third or subsequent conviction. (Penal Code § 374.3(h)(1))
   
   

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. (Penal Code § 374.3(h)(2))

This bill:

1. Increases the penalty for a fourth and subsequent convictions for illegal dumping in non-commercial quantities on private property without the consent of the owner from an infraction to a misdemeanor, punishable by up to 30 days in a county jail and a fine of not less than $750 nor more than $3,000.

2. Provides that a separate fine in the same amount as initially imposed shall accrue for each day that waste placed, deposited, or dumped remains unabated, but no additional conviction for the purposes of punishment shall arise for the same act.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee:

• 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.

• 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.

SUPPORT: (Verified 8/28/15)

None received

OPPOSITION: (Verified 8/28/15)

None received

ASSEMBLY FLOOR: 78-0, 5/14/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Linder, Medina

Prepared by: Mary Kennedy / PUB. S. /

8/31/15 12:47:41

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 144 (Mathis) - Dumping

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 144 would increase the penalty for illegal dumping of waste matter in non-commercial quantities on private property for fourth and subsequent convictions to a misdemeanor, as specified, and would revise how fines are assessed during the period the waste matter remains unabated.

Fiscal Impact:

• 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.

• 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.

*Proposition 30 (2012) provides that legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for realigned programs, as specified, apply to local agencies only to the extent the State provides annual funding for the cost increase. Although legislation creating a new crime or revising the definition of an existing crime is exempt from Proposition 30 state funding requirements, legislation that changes the penalty for an existing crime is not similarly specifically exempt. Illegal dumping is an existing crime. To the extent increasing fourth and subsequent convictions to a misdemeanor is determined to change the penalty for this crime, any increase in costs to local agencies attributable to the provisions of this legislation could potentially require annual funding from the State.

Background:

Existing law provides for the following penalties for dumping waste matter in non-commercial quantities in or upon a public or private highway or road, or in or upon public or private property without the owner’s consent, as follows:

• A mandatory fine of not less than $250 nor more than $1,000 upon a first conviction;

• A mandatory fine of not less than $500 nor more than one $1,500 upon a second conviction;

• 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 fines imposed above are doubled. Under existing law, each day the waste matter remains is a separate violation. (Penal Code (PC) § 374.3(a)-(e).)

Under existing law, dumping waste matter on public or private property in commercial quantities, as defined, is a misdemeanor, punishable by imprisonment in a county jail for up to six months and a fine of $1,000 to $3,000 for a first conviction, a fine of $3,000 to $6,000 for a second conviction, and a fine of $6,000 to $10,000 for a third or subsequent conviction. (PC § 374.3(h).)

Proposed Law:

This bill would increase the penalty for a fourth and subsequent convictions for illegal dumping in non-commercial quantities on private property without the consent of the owner from an infraction to a misdemeanor, punishable by up to 30 days in a county jail and a fine of not less than $750 nor more than $3,000.

Additionally, this bill provides that a separate fine in the same amount as initially imposed shall accrue for each day that waste placed, deposited, or dumped remains unabated, but no additional conviction for the purposes of punishment shall arise for the same act.

Staff Comments:

Under Proposition 30 (2012), legislation that has an overall effect of increasing the costs already borne by a local agency for realigned programs including managing local jails and providing supervision of offenders, apply to local agencies only to the extent the State provides annual funding for the cost increase. Although legislation creating a new crime or revising the definition of an existing crime is exempt from Proposition 30 state funding requirements, legislation that changes the penalty for an existing crime is not similarly exempt. As illegal dumping is an existing crime, to the extent increasing the fourth and subsequent convictions to a misdemeanor is determined to change the penalty for this crime, any increase in costs to local agencies attributable to the provisions of this legislation could potentially require annual funding from the State.

Data from the Department of Justice reflects over 150 arrests and 90 convictions for illegal dumping (non-commercial) in calendar year 2014. However, it is unknown what percentage of cases involved illegal dumping on private vs. public property, and the length of time the waste matter was left unabated in each case. As the misdemeanor penalty for fourth and subsequent convictions is up to 30 days in county jail, the potential increase in costs for local incarceration is estimated to be minor.

This bill revises how fines are assessed during the period waste matter remains unabated, which could result in a reduction of fine and associated penalty revenues to the State and counties. This bill requires the same fine as initially imposed to accrue each day waste matter remains unabated versus the imposition of separate violations under existing law for each day waste matter remains unabated, which would require cumulatively higher assessed fines for the first three days, resulting in a higher assessed fine for the remainder of the period the waste matter remains. While the potential reduction in fine and penalty revenues in any one year is unknown, for even one case involving waste matter left unabated for 30 days, the potential loss of state penalty revenues could range from $14,000 to $68,000 (General Fund).

-- END --

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Loni Hancock, Chair

2015 - 2016 Regular

Bill No: AB 144 Hearing Date: June 9, 2015

Subject: Dumping

HISTORY

Source: Tulare County Sheriff

Prior Legislation: AB 1992 (Canciamilla) Chapter 416, Stats. 2006

AB 2253 (Hancock) Chapter 765, Stats. 2006

AB 1802 (Bogh) Chapter 137, Stats. 2004

AB 1799 (Migden) Chapter 50, Stats. 1998

Support: Unknown

Opposition: None known

Assembly Floor Vote: 78 - 0

PURPOSE

The purpose of this bill is to increase the fines for dumping waste matter on private property under specified circumstances.

Existing law 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. (Penal Code § 374.3 (a).)

Existing law 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. (Penal Code, § 374.3 (b).)

Existing law 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. (Penal Code, § 374.3 (c).)

Existing law 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. (Penal Code, § 374.3 (d).)

Existing law specifies a person convicted of dumping shall be punished by a mandatory fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) upon a first conviction, by a mandatory fine of not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500) upon a second conviction, and by a mandatory fine of not less than seven hundred fifty dollars ($750) nor more than three thousand dollars ($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. (Penal Code, § 374.3. (e).)

Existing law 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. (Penal Code, § 374.3 (f).)

Existing law provides that 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. (Penal Code, § 374.3 (g).)

Existing law 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 one thousand dollars ($1,000) nor more than three thousand dollars ($3,000) upon a first conviction, not less than three thousand dollars ($3,000) nor more than six thousand dollars ($6,000) upon a second conviction, and not less than six thousand dollars ($6,000) nor more than ten thousand dollars ($10,000) upon a third or subsequent conviction. ( Penal Code § 374.3 (h)(1))

Existing law 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. (Penal Code § 374.3(h)(2))

Existing law provides that a motor vehicle used for illegal dumping of waste matter on public or private property is subject to impoundment. (Vehicle Code § 23112.7)

This bill provides that a person who places, deposits or dumps or causes to be placed, deposited or dumped, waste matter on private property, including on any private highway or road, without the consent of the owner shall be punished by a fine as follows:

• First conviction: infraction with a fine of not less than $250 nor more than $1,000;

• Second conviction: infraction with a fine of not less than $500 nor more than $1,500;

• Third conviction: infraction with a fine of not less than $750 nor more than $3,000;

• Fourth conviction: misdemeanor with a penalty of up to 30 days in county jail and a fine of $750-$3,000.

This bill provides that if the court finds that waste matter placed, deposited or duped includes used tires the fines listed above shall be doubled.

This bill provides that a separate fine in the same amount shall accrue for each day that the waste placed deposited or dumped remains unabated but shall not result in an additional conviction, except that a fourth or subsequent violation shall not result in the accrual of a separate fine or violation.

COMMENTS

1. Need for The Bill

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 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 upon conviction for a 4th offense to discourage illegal dumping.

2. Dumping in Non-Commercial Quantities

Under current law dumping waste matter in commercial quantities is a misdemeanor. The dumping of other waste upon a public highway or road or upon private property into which the public is admitted is an infraction. It is also an infraction to dump rocks, concrete, asphalt or dirt in or upon a private highway or road or private property without the consent of the owner or in a public park or public property. The infraction penalties for the above are:

• First conviction: infraction with a fine of not less than $250 nor more than $1,000 (with penalty assessments more than $1,000-$4,000;

• Second conviction: infraction with a fine of not less than $500 nor more than $1,500 (with penalty assessments more than $2,000- $6,000);

• Third conviction: infraction with a fine of not less than $750 nor more than $3,000 (with penalty more than $3,000-$12,00).

If the tires are among the items dumped, then the above fines are doubled.

This bill would make dumping on private property in non-commercial quantities and in a manner and type not currently covered an infraction with the same penalties for the first through third offense that exist currently for non-commercial dumping in specified circumstances and make a fourth or subsequent offense a misdemeanor. Thus, the new fines for dumping on private land, that is not land upon which the public is permitted and what is dumped is not rock, concrete, asphalt, or dirt would be:

• First conviction: infraction with a fine of not less than $250 nor more than $1,000 (with penalty assessments more than $1,000-$4,000);

• Second conviction: infraction with a fine of not less than $500 nor more than $1,500 (with penalty assessments more than $2,000- $6,000);

• Third conviction: infraction with a fine of not less than $750 nor more than $3,000 (with penalty more than $3,000-$12,00);

• Fourth conviction: misdemeanor with a penalty of up to 30 days in county jail and a fine of $750-$3,000 (with penalty assessments more than $3,000-$12,000).

The above fines are doubled if the things dumped include used tires and accrue daily as long as the dumped material remains.

3. Same Fines/ Same Behavior?

This bill adopts a similar, but not identical, penalty structure for dumping on private land as exists for dumping on public or private land that the public has access to, or for dumping rocks, concrete asphalt or dirt. The penalty in this bill differs in two ways: it creates a misdemeanor for a fourth offense and it allows the fine to be imposed daily as long as the waste dumped remains unabated.

Should the fines be the same for dumping on private property as they are for dumping on private property onto which the public is admitted or for dumping rocks, concrete asphalt or dirt upon a private highway or road?

Should a fourth offense be a misdemeanor?

Should the fines accumulate per day? Is this behavior more serious than the existing dumping sections so that the daily accrual is necessary?

4. Infractions With High Fines

Penalty assessments currently are 310% plus at least $79 in flat fees which are higher under specified circumstances. Thus, a $1,000 fine is closer to $4,100. According to the Senate Public Safety analysis, when the penalties for dumping of non-commercial quantities that this bill is based on, passed with AB 1802(Bogh) in 2004, the penalty assessments were $240% with a $20 additional flat fee so at the time a $1,000 fine was closer to $3,400.

A person charged with an infraction has no right to have counsel appointed. Are fines this high appropriate for an infraction? Similar fines have existed but were substantially lower when instituted over 10 years ago because the penalty assessments were lower, does the increased penalty assessments change how new fines should be created?

A person charged with an infraction may ask for a judge trial but in some counties a person must pay the entire amount of the fine before he or she can have a hearing on the matter. Thus, under this bill a person who wants to challenge the charge of dumping could have to pay the entire fine, which could be very substantial if the items remained on the property for multiple days, before having the opportunity to argue before a judge that they were not the person who did the dumping. Will this cause a burden to those who have a legitimate challenge to charges?

-- END –

Date of Hearing: May 6, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 144

Author:(Mathis) – As Amended Ver:April 23, 2015

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill 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.

FISCAL EFFECT:

Minor, nonreimbursable costs for incarceration.

COMMENTS:

1. Purpose. 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 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."

2. Creates a New Misdemeanor. This bill creates a new misdemeanor where there is currently an infraction penalty. Every fourth or subsequent violation of dumping waste on private property shall now be punishable by a misdemeanor penalty of up to 30 days in the county jail. As a result of imposing a misdemeanor penalty, this legislation will permit accused persons to apply for the aid of a public defender. Additionally, persons charged with misdemeanor offenses may demand a jury trial in Superior Court. However, existing fine is for a third or subsequent infraction is not increasing as a result of this legislation.
   
   
   

Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081

Date of Hearing: April 14, 2015

Counsel: Gabriel Caswell

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Bill Quirk, Chair

ABPCA Bill Id:AB 144

Author:(Mathis) – As Amended Ver:March 26, 2015

As Proposed to be Amended in Committee

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.

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. (Pen. Code, § 374.3, subd. (a).)
   
   

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. (Pen. Code, § 374.3, subd. (b).)
   
   

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. (Pen. Code, § 374.3, subd. (c).)
   
   

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. (Pen. Code, § 374.3, subd. (d).)
   
   

5. Specifies a person convicted of dumping shall be punished by a mandatory fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) upon a first conviction, by a mandatory fine of not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500) upon a second conviction, and by a mandatory fine of not less than seven hundred fifty dollars ($750) nor more than three thousand dollars ($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. (Pen. Code, § 374.3, subd. (e).)
   
   

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. (Pen. Code, § 374.3, subd. (f).)
   
   

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. (Pen. Code, § 374.3, subd. (g).)
   
   

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 one thousand dollars ($1,000) nor more than three thousand dollars ($3,000) upon a first conviction, not less than three thousand dollars ($3,000) nor more than six thousand dollars ($6,000) upon a second conviction, and not less than six thousand dollars ($6,000) nor more than ten thousand dollars ($10,000) upon a third or subsequent conviction.
   
   

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:

Unknown

COMMENTS:

1. Author's Statement: 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 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."

2. Clarification of No Repeat Misdemeanors: Under existing law, provisions exist which state that each day that waste placed, deposited, or dumped in violation the law is a separate violation. (Pen. Code, § 374.3, subd. (c).) Under current law, this provision only applies to infractions. This bill specifically exempts the elevated misdemeanor provision for a fourth or subsequent violation from this provision. Therefore, under this bill for example, if waste were present on private property for and the defendant was guilty of three or more prior offenses, they would be charged with one misdemeanor rather than 30 misdemeanors. The bill does not change existing law in this respect. Persons charged with infractions may still be charged daily fines for the waste left on private property.
   
   

3. Creates a New Misdemeanor: This bill creates a new misdemeanor where there is currently an infraction penalty. Every fourth or subsequent violation of dumping waste on private property shall now be punishable by a misdemeanor penalty of up to 30 days in the county jail. As a result of imposing a misdemeanor penalty, this legislation will permit accused persons to apply for the aid of a public defender. Additionally, persons charged with misdemeanor offenses may demand a jury trial in Superior Court.
   
   

4. Keeps Existing Fines in Place: Under current law the existing fines for illegal, non-commercial, dumping are significant. The fines are on a graduated scale that increases for repeated violations of the law. The fines additionally include minimum mandatory fines. This committee generally does not create mandatory minimum fines because they infringe upon judicial discretion. The fine for the misdemeanor offense in this case does include a mandatory minimum fine of not less than $750 and up to $3,000. This fine is the existing fine imposed for a third or subsequent infraction. Therefore, the fine is not increasing as a result of this legislation.
   
   

5. Penalty Assessments: The amount spelled out in statute as a fine for violating a criminal offense are base figures, as these amounts are subject to statutorily-imposed penalty assessments, such as fees and surcharges. Assuming a defendant is fined the maximum fine of $3,000 under Penal Code Section 502, the following penalty assessments would be imposed pursuant to the Government and Penal codes:
   
   
   

Base Fine:	$3,000.00
Penal Code § 1464 assessment ($10 for every $10):	$3,000.00
Penal Code § 1465.7 assessment (20% surcharge):	$600.00
Penal Code § 1465.8 assessment ($40 per criminal offense):	$40.00
Government Code § 70372 assessment ($5 for every $10):	$1,500.00
Government Code § 70373 assessment ($30 for felony or misdemeanor offense):	$30.00
Government Code § 76000 assessment ($7 for every $10):	$2,100.00
Government Code § 76000.5 assessment ($2 for every $10):	$600.00
Government Code § 76104.6 assessment ($1 for every $10):	$300.00
Government Code § 76104.7 assessment ($4 for every $10):	$1,200.00
Fine with Assessments:	$12,370.00*

*In addition to the assessments detailed in the chart, the defendant could be subject to pay "actual administrative costs" related to his or her arrest and booking (Gov. Code, § 29550 et seq.) and victim restitution for damages impose by the court.

6. The Proposed Amendments: The bill, as introduced, made all illegal dumping on private property a misdemeanor penalty. As a result, all persons charged with these offenses would be permitted jury trials in Superior Court as opposed to routine infraction and fine offenses. This elevation triggers other ancillary rights, such as the right to a public defender if the person charged is indigent. The proposed amendments work with the existing graduated penalties for the offense. Under existing law there are graduated fines for a first, second, or third violation. As amended, this bill would impose a misdemeanor upon a fourth or subsequent violation of illegal dumping on private property. Local prosecutors would be more likely to prosecute these offenses, and the ancillary impacts of elevating an infraction to a misdemeanor are lessened because the body of people who could be charged with these offenses is much smaller. Additionally, this bill now targets serial illegal dumpers with stronger criminal penalties rather than people who engage in this conduct on a single occasion. The amendments removed all opposition from the bill.
   
   

7. Prior Legislation: AB 1992 (Canciamilla), Chapter 416, Statutes of 2006, imposed the graduated penalties and increased fines for second and third violations of illegal dumping offenses. AB 1992 went through the Assembly Committee on Natural Resources Committee and was not heard in the Public Safety Committee.
   
   

REGISTERED SUPPORT / OPPOSITION:

Support

None

Opposition

None

Analysis Prepared by:

Gabriel Caswell / PUB. S. / (916) 319-3744