Bill Text: CA AB1767 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Santa Monica Mountains Conservancy: property destruction: fines.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-25 - Chaptered by Secretary of State - Chapter 536, Statutes of 2014. [AB1767 Detail]

Download: California-2013-AB1767-Amended.html
BILL NUMBER: AB 1767	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 22, 2014

INTRODUCED BY   Assembly Member Holden

                        FEBRUARY 14, 2014

   An act to amend Section 33211.6 of the Public Resources Code,
relating to the Santa Monica Mountains Conservancy.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1767, as amended, Holden. Santa Monica Mountains Conservancy:
property destruction: fines.
   Existing law establishes the Santa Monica Mountains Conservancy in
the Natural Resources  Agency,   Agency 
and prescribes the membership, functions, and duties of the
conservancy with regard to the preservation, protection, and
management of specified lands in the Santa Monica Mountains. Existing
law makes it a misdemeanor to dump any refuse matter, except
pursuant to a specified permit, on property owned or managed by the
conservancy, and posted against that dumping, or to injure, deface,
or destroy any property owned or managed by the conservancy, and
makes those crimes punishable by a fine of not more than $1,000, or
imprisonment in the county jail for not more than 6 months, or both
that fine and imprisonment.
   This bill would increase the maximum fine for those crimes to
$1,500  , and would require that the revenues from those fines be
deposited into the Santa Monica Mountains Conservancy Fund and, upon
appropriation, be used to pay the costs of any necessary property
repairs or cleanup related to those violations, with any remaining
funds to be used by the conservancy to award specified resource
conservation and park grants  .
   Existing law also makes a violation of the posted conditions of
use on any property owned or managed by the conservancy a misdemeanor
punishable by imprisonment in the county jail not exceeding 90 days,
or by a fine of not more than $1,000, or by both that fine and
imprisonment, but provides that the judge may reduce the charged
offense to an infraction, punishable by a fine of not less than $100,
nor more than $500.
   This bill would increase the maximum fine for a misdemeanor
violation to $1,500 and would increase the fine for an infraction to
not less than $250, nor more than $750. 
   The bill would also require that the revenues from all of those
fines be deposited into the Santa Monica Mountains Conservancy Fund,
and used, upon appropriation, to pay the costs of any necessary
property repairs or clean up related to those violations, with any
remaining funds to be used by the conservancy to award specified
resource conservation and park grants. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 33211.6 of the Public Resources Code is amended
to read:
   33211.6.  (a) Dumping any refuse matter, except by permit signed
by the executive director or the executive director's authorized
representative, on property owned or managed by the conservancy, and
posted against that dumping, shall be a misdemeanor punishable by a
fine of not more than one thousand five hundred dollars ($1,500), or
imprisonment in the county jail for not more than six months, or both
that fine and imprisonment.
   (b) Injuring, defacing, or destroying any property owned or
managed by the conservancy or any of the natural features thereof,
shall be a misdemeanor punishable by a fine of not more than one
thousand five hundred dollars ($1,500), or imprisonment in the county
jail for not more than six months, or both that fine and
imprisonment.
   (c) Violation of the posted conditions of use on any property
owned or managed by the conservancy is a misdemeanor punishable by
imprisonment in the county jail not exceeding 90 days, or by a fine
not exceeding one thousand five hundred dollars ($1,500), or by both
that fine and imprisonment, except that at the time a particular
action is commenced, the 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 fifty dollars ($250), nor more than seven hundred fifty
dollars ($750).
   (d) Any revenues from the fines imposed pursuant to  this
section   subdivision (a) or (b)  shall be
deposited into the fund  and used,   and, 
upon appropriation by the Legislature,  used  to pay the
costs of any necessary property repairs or cleanup related to a
violation of this section, with any remaining funds to be used by the
conservancy to award grants authorized by Section 33204.
                                         
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