A Call to Action! Editorial: Bill could create a fine mess in California Don’t let coastal panel sidestep courts. Bureaucracies have a tendency to expand. Which is why it’s essential for legislatures to resist the temptation to aid that expansion. Assembly Bill 976 would do the opposite with the California Coastal Commission by giving it the power to levy fines directly. It is sponsored by Assembly Majority Leader Toni Atkins, D-San Diego. The CCC was established in 1972 by Proposition 20, and is required to take to court any alleged offenders. AB976 would give the CCC the power to “impose an administrative civil penalty” on those it considers violating the Coastal Act. The fine could be up to 75 percent of current court-administered penalties, which are up to $30,000 for a violation, plus up to $15,000 for each day the violation persists. Backers of the bill insist it’s too easy for violators to scoff at the law. According to Ms. Atkins, “The Commission has only taken four violators to court in the last 10 years, and the current backlog of over 1,800 unresolved violations continues to grow as recalcitrant offenders know that the commission lacks the tools to compel compliance.” However, violators also voluntarily comply with CCC penalties. The Los Angeles Times reported that Napster co-founder Sean Parker’s June wedding “built without a permit a faux cottage, artificial pond, stone bridge, elevated dance floor and other structures in the redwood forest of Big Sur.” He paid a fine of $2.5 million without going to court. The paper also quoted Bruce Reznik, executive director of the Planning and Conservation League, “If you can get a fine for turning in a library book late, you should get fined for cutting off access to the beach or filling in a wetland.” Well, the Orange County Public library charges a quarter a day for late books, hardly the same thing. The Orange County Board of Supervisors opposes AB976, contending the bill “would create an unacceptable dynamic” for the CCC to be “incentivized to impose fines and penalties, at the expense of due process and rights for the accused,” instead of working through the courts. The bill passed the Assembly in May and now is being considered in the state Senate’s Appropriations Committee. If it passes there, the full Senate would hear it. Then it would be essential for moderate state Sen. Lou Correa, D-Santa Ana, to lead the opposition to this bureaucratic expansion. Californians deserve their day in court. KEY SENATORS TO CALL W/SUPPORT FOR BILL AB 976: senate.ca.gov/senators Senator Carol Liu - (high priority) Capitol Office: State Capitol, Room 5097, Sacramento, CA 95814-4900; (916) 651-4025 District Offices: 501 North Central Avenue, Glendale, CA 91203; (818) 409-0400; 201 East Bonita Avenue, San Dimas, CA 91773; (909) 599-7351 Senator Alex Padilla - (high priority. Needs to be encouraged that he has support in his district) Capitol Office: State Capitol, Room 4038, Sacramento, CA 95814-4900; (916) 651-4020 District Office: 6150 Van Nuys Blvd, Suite 400, Van Nuys, CA 91401; (818) 901-5588 Ron Calderon - Capitol Office: State Capitol, Room 5066, Sacramento, CA 95814-4900; (916) 651-4030 District Office: 400 N Montebello Blvd, Suite 100, Montebello, CA 90640; (323) 890-2790 Lou Correa - (critical vote) Capitol Office: State Capitol, Room 5061, Sacramento, CA 95814-4900; (916) 651-4034 District Office: 2323 N Broadway, Suite 245, Santa Ana, CA 92706; (714) 558-4400 Ed Hernandez - Capitol Office: State Capitol, Room 2080, Sacramento, CA 95814-4900; (916) 651-4024 District Offices: 100 S. Vincent Street, Suite 401, West Covina, CA 91790; (626) 430-2499; 4716 E. Cesar Chavez Avenue, #B13, Los Angeles, CA 90022; (323) 981-3320 Rod Wright - Capitol Office: State Capitol, Room 2032, Sacramento, CA 95814-4900; (916) 651-4035 District Office: One Manchester Blvd, Suite 600, Inglewood, CA 90301; (310) 412-0393
Posted on: Fri, 23 Aug 2013 20:30:00 +0000
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