SB 427: Water theft: enhanced penalties.
- Session Year: 2021-2022
- House: Senate
- Latest Version Date: 2021-07-23
Existing law authorizes the legislative body of a city or a county to make, by ordinance, any violation of an ordinance subject to an administrative fine or penalty and limits the maximum fine or penalty amounts for infractions, to $100 for the first violation, $200 for a 2nd violation of the same ordinance within one year of the first violation, and $500 for each additional violation of the same ordinance within one year of the first violation.
This bill would authorize the legislative body of a local agency, as defined, that provides water service to adopt an ordinance that prohibits water theft, as defined, subject to an administrative fine or penalty in excess of the limitations above, as specified. The bill would require the local agency to adopt an ordinance that sets forth the administrative procedures governing the imposition, enforcement, collection, and administrative review of the administrative fines or penalties for water theft and to establish a process for granting a hardship waiver to reduce the amount of the fine, as specified.
Existing law authorizes the legislative body of a city or a county to make, by ordinance, any violation of an ordinance subject to an administrative fine or penalty and limits the maximum fine or penalty amounts for infractions, to $100 for the first violation, $200 for a 2nd violation of the same ordinance within one year of the first violation, and $500 for each additional violation of the same ordinance within one year of the first violation.
This bill would authorize the legislative body of a local agency, as defined, that provides water service to adopt an ordinance that prohibits water theft, as defined, subject to an administrative fine or penalty in excess of the limitations above, as specified. The bill would require the local agency to adopt an ordinance that sets forth the administrative procedures governing the imposition, enforcement, collection, and administrative review of the administrative fines or penalties for water theft and to establish a process for granting a hardship waiver to reduce the amount of the fine, as specified.
Existing law authorizes the legislative body of a city or a county to make, by ordinance, any violation of an ordinance subject to an administrative fine or penalty and limits the maximum fine or penalty amounts for infractions, to $100 for the first violation, $200 for a 2nd violation of the same ordinance within one year of the first violation, and $500 for each additional violation of the same ordinance within one year of the first violation.
This bill would authorize the legislative body of a city or a county that is authorized by the applicable local agency formation commission to provide local agency, as defined, that provides water service to adopt an ordinance that prohibits water theft, as defined, subject to an administrative fine or penalty in excess of the limitations above, as specified. The bill would require the local agency to adopt an ordinance that sets forth the administrative procedures that shall govern governing the imposition, enforcement, collection, and administrative review by the local agency of the administrative fines or penalties for water theft and to establish a process for granting a hardship waiver to reduce the amount of the fine, as specified.
Existing law authorizes the legislative body of a city or a county to make, by ordinance, any violation of an ordinance subject to an administrative fine or penalty and limits the maximum fine or penalty amounts for infractions, to $100 for the first violation, $200 for a 2nd violation of the same ordinance within one year of the first violation, and $500 for each additional violation of the same ordinance within one year of the first violation.
This bill would authorize the legislative body of a city or a county that is authorized by the applicable local agency formation commission to provide water service to make, by ordinance, any violation of an ordinance regarding adopt an ordinance that prohibits water theft, as defined, subject to an administrative fine or penalty in excess of the limitations above, as specified. The bill would require the local agency to adopt an ordinance that sets forth the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of the administrative fines or penalties for water theft and to establish a process for granting a hardship waiver to reduce the amount of the fine, as specified.
Existing law authorizes the legislative body of a city or a county to make, by ordinance, any violation of an ordinance subject to an administrative fine or penalty and limits the maximum fine or penalty amounts for infractions, to $100 for the first violation, $200 for a 2nd violation of the same ordinance within one year of the first violation, and $500 for each additional violation of the same ordinance within one year of the first violation.
This bill would authorize the legislative body of a city or a county to make, by ordinance, any violation of an ordinance regarding water theft, as defined, subject to an administrative fine or penalty in excess of the limitations above, as specified.
(a)(1)Notwithstanding any other law, the legislative body of a local agency, as defined in Section 54951, that provides water services, may adopt an ordinance that prohibits water theft and makes a violation of an ordinance enacted by the local agency regarding water theft subject to an administrative fine or penalty, as provided in this section.
(2)The local agency shall adopt an ordinance that sets forth the administrative procedure that shall govern the imposition, enforcement, collection, and administrative review by the local agency of the administrative fines or penalties for water theft.
(3)The local agency shall establish a process for granting a hardship waiver to reduce the amount of the fine imposed for water theft upon a showing by the responsible party that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
(b)If the water theft is committed via meter tampering in violation of an ordinance adopted under this section, it is punishable as follows:
(1)A fine not exceeding one hundred thirty dollars ($130) for a first violation.
(2)A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year of the first violation.
(3)A fine not exceeding one thousand three hundred dollars ($1,300) for the third violation and each additional violation of the same ordinance within one year of the first violation.
(c)All other forms of water theft in violation of an ordinance adopted under this section are punishable as follows:
(1)A fine not exceeding one thousand dollars ($1,000) for a first violation.
(2)A fine not exceeding two thousand dollars ($2,000) for a second violation of the same ordinance within one year.
(3)A fine not exceeding three thousand dollars ($3,000) for each additional violation of the same ordinance within one year.
(d)Water theft means an action to divert, tamper, or reconnect water utility services, as defined in Section 498 of the Penal Code.
(a)(1)Notwithstanding any other law, the legislative body of a local agency, as defined in Section 54951, that provides water services, may adopt an ordinance that prohibits water theft and makes a violation of an ordinance enacted by the local agency regarding water theft subject to an administrative fine or penalty, as provided in this section.
(2)The local agency shall adopt an ordinance that sets forth the administrative procedure that shall govern the imposition, enforcement, collection, and administrative review by the local agency of the administrative fines or penalties for water theft.
(3)The local agency shall establish a process for granting a hardship waiver to reduce the amount of the fine imposed for water theft upon a showing by the responsible party that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
(b)If the water theft is committed via meter tampering in violation of an ordinance adopted under this section, it is punishable as follows:
(1)A fine not exceeding one hundred thirty dollars ($130) for a first violation.
(2)A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year of the first violation.
(3)A fine not exceeding one thousand three hundred dollars ($1,300) for the third violation and each additional violation of the same ordinance within one year of the first violation.
(c)All other forms of water theft in violation of an ordinance adopted under this section are punishable as follows:
(1)A fine not exceeding one thousand dollars ($1,000) for a first violation.
(2)A fine not exceeding two thousand dollars ($2,000) for a second violation of the same ordinance within one year.
(3)A fine not exceeding three thousand dollars ($3,000) for each additional violation of the same ordinance within one year.
(d)Water theft means an action to divert, tamper, or reconnect water utility services, as defined in Section 498 of the Penal Code.
(a)(1)Notwithstanding any other law, the legislative body of a local agency, as defined in Section 54951, that is authorized by the applicable local agency formation commission to provide provides water services, may adopt an ordinance that prohibits water theft and makes a violation of an ordinance enacted by the local agency regarding water theft subject to an administrative fine or penalty, as provided in this section.
(2)The local agency shall adopt an ordinance that sets forth the administrative procedure that shall govern the imposition, enforcement, collection, and administrative review by the local agency of the administrative fines or penalties for water theft.
(3)The local agency shall establish a process for granting a hardship waiver to reduce the amount of the fine imposed for water theft upon a showing by the responsible party that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
(b)If the water theft is committed via meter tampering in violation of an ordinance adopted under this section, it is punishable as follows:
(1)A fine not exceeding one hundred thirty dollars ($130) for a first violation.
(2)A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year of the first violation.
(3)A fine not exceeding one thousand three hundred dollars ($1,300) for the third violation and each additional violation of the same ordinance within one year of the first violation.
(c)All other forms of water theft in violation of an ordinance adopted under this section are punishable as follows:
(1)A fine not exceeding one thousand dollars ($1,000) for a first violation.
(2)A fine not exceeding two thousand dollars ($2,000) for a second violation of the same ordinance within one year.
(3)A fine not exceeding three thousand dollars ($3,000) for each additional violation of the same ordinance within one year.
(d)Water theft means an action to divert, tamper, or reconnect water utility services, as defined in Section 498 of the Penal Code.
(a)(1)Notwithstanding Section 25132 and subdivision (b) of Section 36900, any other law, the legislative body of a local agency, as defined in Section 54951, may, by ordinance, make any that is authorized by the applicable local agency formation commission to provide water services, may adopt an ordinance that prohibits water theft and makes a violation of an ordinance enacted by the local agency regarding water theft subject to an administrative fine or penalty. penalty, as provided in this section.
(2)The local agency shall adopt an ordinance that sets forth the administrative procedure that shall govern the imposition, enforcement, collection, and administrative review by the local agency of the administrative fines or penalties for water theft.
(3)The local agency shall establish a process for granting a hardship waiver to reduce the amount of the fine imposed for water theft upon a showing by the responsible party that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
(b)If the water theft is committed via meter tampering in violation of an ordinance adopted under this section, it is punishable as follows:
(1)A fine not exceeding one hundred thirty dollars ($130) for a first violation.
(2)A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year of the first violation.
(3)A fine not exceeding one thousand three hundred dollars ($1,300) for the third violation and each additional violation of the same ordinance within one year of the first violation.
(b)If a violation is determined to be an infraction, it is punishable as follows:(c)All other forms of water theft in violation of an ordinance adopted under this section are punishable as follows:
(1)A fine not exceeding one thousand dollars ($1,000) for a first violation.
(2)A fine not exceeding two thousand dollars ($2,000) for a second violation of the same ordinance within one year.
(3)A fine not exceeding five thousand dollars ($5,000) three thousand dollars ($3,000) for each additional violation of the same ordinance within one year.
(c)(d)Water theft means an action to divert, tamper, or reconnect water utility services, as defined in Section 498 of the Penal Code.
(a)Notwithstanding Section 25132 and subdivision (b) of Section 36900, the legislative body of a local agency, as defined in Section 54951, may, by ordinance, make any violation of an ordinance enacted by the local agency regarding water theft subject to an administrative fine or penalty.
(b)If a violation is determined to be an infraction, it is punishable as follows:
(1)A fine not exceeding one thousand dollars ($1,000) for a first violation.
(2)A fine not exceeding two thousand dollars ($2,000) for a second violation of the same ordinance within one year.
(3)A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within one year.
(c)Water theft means an action to divert, tamper, or reconnect water utility services, as defined in Section 498 of the Penal Code.
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Date
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Status
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| Jul 23, 2021 | Chaptered by Secretary of State. Chapter 137, Statutes of 2021. |
| Jul 23, 2021 | Approved by the Governor. |
| Jul 15, 2021 | Enrolled and presented to the Governor at 2 p.m. |
| Jul 12, 2021 | In Senate. Ordered to engrossing and enrolling. |
| Jul 12, 2021 | Read third time. Passed. (Ayes 76. Noes 0. Page 2308.) Ordered to the Senate. |
| Jun 14, 2021 | Read second time. Ordered to third reading. |
| Jun 10, 2021 | From committee: Do pass. (Ayes 8. Noes 0.) (June 9). |
| May 13, 2021 | Referred to Com. on L. GOV. |
| May 3, 2021 | In Assembly. Read first time. Held at Desk. |
| May 3, 2021 | Read third time. Passed. (Ayes 36. Noes 0. Page 1005.) Ordered to the Assembly. |
| Apr 14, 2021 | Read second time. Ordered to third reading. |
| Apr 13, 2021 | Withdrawn from committee. |
| Apr 12, 2021 | Read second time and amended. Re-referred to Com. on PUB. S. |
| Apr 8, 2021 | From committee: Do pass as amended and re-refer to Com. on PUB. S. (Ayes 5. Noes 0. Page 727.) (April 8). |
| Mar 25, 2021 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F. |
| Mar 24, 2021 | Set for hearing April 8. |
| Feb 25, 2021 | Referred to Coms. on GOV. & F. and PUB. S. |
| Feb 22, 2021 | Art. IV. Sec. 8(a) of the Constitution dispensed with. |
| Feb 16, 2021 | From printer. May be acted upon on or after March 18. |
| Feb 12, 2021 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
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Description
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Location
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Votes
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| Jul 12, 2021 | SB 427 Eggman Senate Third Reading By COOPER | Assembly Floor |
Passed |
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| May 3, 2021 | Senate 3rd Reading SB427 Eggman | Senate Floor |
Passed |
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Bill Author
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