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SB-427 Water theft: enhanced penalties.(2021-2022)

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Date Published: 02/12/2021 09:00 PM
SB427:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 427


Introduced by Senator Eggman

February 12, 2021


An act to add Section 53069.45 to the Government Code, relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


SB 427, as introduced, Eggman. Water theft: enhanced penalties.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 53069.45 is added to the Government Code, immediately following Section 53069.4, to read:

53069.45.
 (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.