| PRINTER'S NO. 30 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. | 45 | Session of 2013 |
INTRODUCED BY SCAVELLO, BIZZARRO, PASHINSKI, HESS, O'NEILL, FRANKEL, R. BROWN, D. COSTA, SWANGER, KORTZ, V. BROWN, CARROLL, READSHAW AND CALTAGIRONE, JANUARY 9, 2013
REFERRED TO COMMITEE ON TRANSPORTATION, JANUARY 9, 2013
AN ACT
1Amending Titles 18 (Crimes and Offenses) and 75 (Vehicles) of
2the Pennsylvania Consolidated Statutes, further providing for
3the offense of scattering rubbish, for the acknowledgment of
4littering provisions and for the offense of depositing of
5waste and other material on highway, property or waters.
6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:
8Section 1. Section 6501(b)(1) and (2) of Title 18 of the
9Pennsylvania Consolidated Statutes are amended and the
10subsection is amended by adding paragraphs to read:
11§ 6501. Scattering rubbish.
12* * *
13(b) Penalty.--
14(1) A person who violates subsection (a)(1) or (2) is
15guilty of a summary offense for the first offense and upon
16conviction thereof shall be sentenced to pay a fine of not
17less than $50 nor more than [$300] $1,000 or to imprisonment
18for not more than 90 days, or both, as provided in paragraph
19(6).
1(2) A person who violates subsection (a)(1) or (2) is
2guilty of a misdemeanor of the third degree for the second
3and subsequent offense and upon conviction thereof shall be
4sentenced to pay a fine of not less than [$300] $100 nor more
5than [$1,000] $2,000, as provided in paragraph (6). The
6person also may be sentenced to imprisonment or to performing
7a community service for a period not to exceed one year.
8* * *
9(6) Fines are to be imposed according to the following
10schedule:
11(i) For littering of five pounds or less for the
12first offense, the fine shall be not less than $50 nor
13more than $300.
14(ii) For littering of more than five pounds but less
15than 100 pounds or 25 cubic feet for the first offense,
16the fine shall be not less than $300 nor more than $500.
17(iii) For littering of more than 100 pounds or 25
18cubic feet or more for the first offense, the fine shall
19be not less than $500 nor more than $1,000.
20(iv) For littering of less than five pounds for the
21second and subsequent offense, the fine shall be not less
22than $100 nor more than $500.
23(v) For littering of more than five pounds but less
24than 100 pounds or 25 cubic feet for the second and
25subsequent offense, the fine shall be not less than $500
26nor more than $1,000.
27(vi) For littering of more than 100 pounds or 25
28cubic feet for the second and subsequent offense, the
29fine shall be not less than $1,000 nor more than $2,000.
30(7) Two-thirds of any fine over $300 collected under
1paragraph (1) or (2) for an offense that occurred in a county
2that has established a litter board or any other authority,
3organization, department, bureau or board established by the
4county to administer solid waste management as designated by
5the county commissioners shall be transmitted to the litter
6board or the other authority, organization, department,
7bureau or board.
8* * *
9Section 2. Sections 1317 and 1520 of Title 75 are amended to
10read:
11§ 1317. Acknowledgment of littering provisions.
12On every vehicle registration card, the following statement
13shall be printed immediately above or below the signature of the
14applicant:
15I hereby acknowledge this day that I have received notice
16of the provisions of section 3709 of the Vehicle Code.
17Also printed on the registration card shall be the following:
18Section 3709 provides for a fine of up to [$300] $2,000
19for dropping, throwing or depositing, upon any highway,
20or upon any other public or private property without the
21consent of the owner thereof or into or on the waters of
22this Commonwealth from a vehicle, any waste paper,
23sweepings, ashes, household waste, glass, metal, refuse
24or rubbish or any dangerous or detrimental substance, or
25permitting any of the preceding without immediately
26removing such items or causing their removal.
27For any violation of section 3709, I may be subject to a
28fine of up to [$300] $2,000 upon conviction, including
29any violation resulting from the conduct of any other
30persons operating, in possession of or present within
1this vehicle with my permission, if I do not with
2reasonable certainty identify the driver of the vehicle
3at the time the violation occurred.
4§ 1520. Acknowledgment of littering provisions.
5On every application for a learner's permit or driver's
6license, the following statement shall be printed immediately
7above or below the signature of the applicant:
8I hereby acknowledge this day that I have received notice
9of the provisions of section 3709 of the Vehicle Code.
10Also printed on the card shall be the following:
11Section 3709 provides for a fine of up to [$300] $2,000
12for dropping, throwing or depositing, upon any highway,
13or upon any other public or private property without the
14consent of the owner thereof or into or on the waters of
15this Commonwealth from a vehicle, any waste paper,
16sweepings, ashes, household waste, glass, metal, refuse
17or rubbish or any dangerous or detrimental substance, or
18permitting any of the preceding without immediately
19removing such items or causing their removal.
20For any violation of section 3709, I may be subject to a
21fine of up to [$300] $2,000 upon conviction, including
22any violation resulting from the conduct of any other
23persons present within any vehicle of which I am the
24driver.
25Section 3. Section 3709(d)(1) and (e) of Title 75 are
26amended and the section is amended by adding a subsection to
27read:
28§ 3709. Depositing waste and other material on highway,
29property or waters.
30* * *
1(d) Penalty.--Any person violating any of the provisions of
2subsection (a) or (b) commits a summary offense and shall, upon
3conviction, be sentenced to either or both of the following:
4(1) To pay [a fine of not more than]:
5(i) [$900] for a violation which occurs in an
6easement purchased under the program established by
7section 14.1 of the act of June 30, 1981 (P.L.128,
8No.43), known as the Agricultural Area Security Law, a
9fine of not less than $900 nor more than $1,500;
10(ii) [$600] for a violation which occurs in an
11agricultural security area as defined in section 3 of the
12Agricultural Area Security Law, a fine of not less than
13$600 nor more than $1,200; or
14(iii) [$300] for a violation which occurs anywhere
15else[.]:
16(A) For littering of five pounds or less for the
17first offense, a fine of $100.
18(B) For littering of more than five pounds but
19less than 100 pounds or 25 cubic feet for the first
20offense, a fine of $500.
21(C) For littering of more than 100 pounds or 25
22cubic feet or more for the first offense, a fine of
23$1,000.
24(D) For littering of less than five pounds for
25the second and subsequent offense, a fine of $500.
26(E) For littering of more than five pounds but
27less than 100 pounds or 25 cubic feet for the second
28and subsequent offense, a fine of $1,000.
29(F) For littering of more than 100 pounds or 25
30cubic feet for the second and subsequent offense, a
1fine of $2,000.
2* * *
3(e) Disposition of fines, etc.--[Revenue] Except as
4otherwise provided under subsection (f), revenue from the
5collection of fines and bail forfeitures in the course of
6enforcement of this section shall be distributed in the
7following manner:
8(1) One-half shall be distributed to the agency or local
9government unit which brought the action to enforce this
10section and may be used to defray the expenses of enforcing
11this section, at the option of the agency or local government
12unit.
13(2) One-half shall be allocated to the department for
14Statewide public education and awareness programs to promote
15litter control and recycling and awareness of the provisions
16of this section.
17(f) Alternate disposition.--Two-thirds of any fine over $300
18collected under subsection (d)(1) for an offense that occurred
19in a county that has established a litter board or any other
20authority, organization, department, bureau or board established
21by the county to administer solid waste management as designated
22by the county commissioners shall be transmitted to the litter
23board or the other authority, organization, department, bureau
24or board.
25Section 4. This act shall take effect in six months.