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TO: BOARD OF SUPERVISORS
FROM: JOHN CULLEN, o =� �,,,N _ Costa
County Administrator ;.; A -_ .��
SQA COUtt'Y3
DATE: May 8, 2007 County
SUBJECT: SUPPORT POSITION on AB 679 (Benoit)— Illegal Dumping
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
SUPPORT Assembly Bill 679 (Benoit), legislation that would require the court to impose a civil
assessment on violators equal to the fine imposed on offenders for committing certain littering or
illegal dumping offenses, as recommended by the Assistant County Administrator.
FISCAL IMPACT:
If AB 679 passes, civil assessments on violators would be deposited in the County's General Fund for
use for illegal dumping enforcement.
BACKGROUND:
The County's adopted 2007 State Platform recognizes illegal dumping as a legislative advocacy
priority, stating "Contra Costa County has been a leader in addressing the issue and will undoubtedly
want to be active in the public policy debate."
Existing law establishes various offenses for littering and illegal dumping. AB 679 would require the
court to impose a civil assessment on violators equal to the fine imposed on the offenders for
committing certain littering or illegal dumping offenses. This bill would require that the assessments
be deposited in the general fund of the jurisdiction where the violation occurred, for illegal dumping
enforcement.
Given the County's need for additional resources to address the problems of illegal dumping, AB 679
should be supported.
CONTINUED ON ATTACHMENT: X YES SIGNATURE: OA
RECOMMENDATION OF COUNTY ADMINISTRATOR RE MMENDATION OF COM EE
APPROVE OTHER
SIGNATURE (S):
ACTION OF BO ON Ute// APPROVED AS RECOMMENDED k —QeHER
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VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON MINUTES OF
X
UNANIMOUS(ABSENT THE BOARD OF SUPERVISORS ON THE DATE SHOWN,
/ ' I�R�� )
AYES: _ NOES:
ABSENT - ABSTAIN:
Contact:
L. Delaney 5-1097
Cc: ATTESTED G�
C.Baltodano,Building Inspection kRCUL CLERK O THE BOARD OFSUPERVISORS
P.McNamee,Public Works
C.Christian,via CAD's Office X,
BY: DEPUTY
CALIFORNIA LEGISLATURE-2007-O8 REGULAR SESSION
ASSEMBLY BILL No. 679
Introduced by Assembly Member Benoit
February 21, 2007
An act to add Section 374.9 to the Penal Code, relating to illegal
dumping.
LEGISLATIVE COUNSEL'S DIGEST
AB 679, as introduced, Benoit. Illegal dumping: assessments.
Existing law establishes various offenses for littering and illegal
dumping.
This bill would require the court to impose a civil assessment on
violators equal to the fine imposed on the offenders for committing
certain littering or illegal dumping offenses.The bill would require that
the,assessments be deposited in the city's or county's general fund for
use for illegal dumping enforcement, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 374.9 is added to the Penal Code,to read:
2 374.9. The court shall impose on the defendant a civil
3 assessment equal to the amount of the fine imposed on the
4 defendant for a violation of Section 372,373a,374.3,374.4,374.7,
5 or 374.8..The assessment shall be deposited in the general fund of
6 the city or, if not within a city, the county, where the violation
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AB 679 —2-
1
2-1 occurred and shall be used for the city's or county's illegal
2 dumping enforcement program.
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