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PRIOR PRINTER'S NO. 423
PRINTER'S NO. 825
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
431
Session of
2017
INTRODUCED BY SCAVELLO, RESCHENTHALER, SCHWANK, YUDICHAK,
HAYWOOD, WHITE AND BREWSTER, FEBRUARY 27, 2017
SENATOR RAFFERTY, TRANSPORTATION, AS AMENDED, MAY 10, 2017
AN ACT
Amending Titles 18 (Crimes and Offenses) and 75 (Vehicles) of
the Pennsylvania Consolidated Statutes, in nuisances, further
providing for the offense of scattering rubbish; in
registration of vehicles and in licensing of drivers, further
providing for the acknowledgment of littering provisions;
and, in miscellaneous provisions, further providing for the
offense of depositing of waste and other material on highway,
property or waters.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6501(b)(1) and (2) of Title 18 of the
Pennsylvania Consolidated Statutes are amended and the
subsection is amended by adding paragraphs to read:
§ 6501. Scattering rubbish.
* * *
(b) Penalty.--
(1) A person who violates subsection (a)(1) or (2) is
guilty of a summary offense for the first offense and upon
conviction thereof shall be sentenced to pay a fine of not
less than $50 nor more than [$300] $1,000 or to] $1,000 AND
BE REQUIRED TO PICK UP LITTER OR ILLEGALLY DUMPED TRASH FOR
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NOT LESS THAN FIVE NOR MORE THAN 40 HOURS TO BE COMPLETED
WITHIN SIX MONTHS, OR imprisonment for not more than 90 days,
or both, as provided in paragraph (6) .
(2) A person who violates subsection (a)(1) or (2) is
guilty of a misdemeanor of the third degree for the second
and subsequent offense and upon conviction thereof shall be
sentenced to pay a fine of not less than [$300] $100 nor more
than [$1,000] $2,000, as provided in paragraph (6). The
person also may be sentenced to imprisonment or [to
performing a community service for a period not to exceed one
year] BE REQUIRED TO PICK UP LITTER OR ILLEGALLY DUMPED TRASH
FOR NOT LESS THAN 40, NOR MORE THAN 100 HOURS TO BE COMPLETED
WITHIN ONE YEAR.
* * *
(6) Fines shall be imposed as follows:
(i) For littering of five pounds or less for the
first offense OR NINE CUBIC FEET OR LESS FOR THE FIRST
OFFENSE, WHERE THE ACTIVITY GENERATING THE LITTER OR
SOLID WASTE IS NOT FOR COMMERCIAL PURPOSES , the fine
shall be not less than $50 nor more than $300.
(ii) For littering of more than five pounds but less
than 100 pounds or 25 cubic feet for the first offense,
WHERE THE ACTIVITY GENERATING THE LITTER OR SOLID WASTE
IS NOT FOR COMMERCIAL PURPOSES, the fine shall be not
less than $300 nor more than $500.
(iii) For littering of more than 100 pounds or 25
cubic feet or more for the first offense, WHERE THE
ACTIVITY GENERATING THE LITTER OR SOLID WASTE IS NOT FOR
COMMERCIAL PURPOSES, the fine shall be not less than $500
nor more than $1,000.
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(iv) For littering of less than five pounds for the
second and subsequent offense, WHERE THE ACTIVITY
GENERATING THE LITTER OR SOLID WASTE IS NOT FOR
COMMERCIAL PURPOSES, the fine shall be not less than $100
nor more than $500.
(v) For littering of more than five pounds but less
than 100 pounds or 25 cubic feet for the second and
subsequent offense, WHERE THE ACTIVITY GENERATING THE
LITTER OR SOLID WASTE IS NOT FOR COMMERCIAL PURPOSES, the
fine shall be not less than $500 nor more than $1,000.
(vi) For littering of more than 100 pounds or 25
cubic feet for the second and subsequent offense, OR IN
ANY AMOUNT OR VOLUME OF SOLID WASTE WHERE THE ACTIVITY
GENERATING THE LITTER OR SOLID WASTE WAS FOR COMMERCIAL
PURPOSES, OR IN ANY VOLUME OF HAZARDOUS WASTE, the fine
shall be not less than $1,000 nor more than $2,000.
(7) Two-thirds of any fine over $300 collected under
(7) (I) TWO-THIRDS OF ANY FINE OVER $300 COLLECTED
UNDER paragraph (1) or (2) for an offense that occurred
in a county that has established a litter board or any
other authority, organization, department, bureau or
board established by the county OR WITH COUNTY SUPPORT to
administer solid waste management OR FACILITATE LITTER
ABATEMENT ACTIVITIES IN THE COUNTY as designated by the
county commissioners shall be transmitted to the litter
board or the other authority, organization, department,
bureau or board.
(II) THE COUNTY COMMISSIONERS SHALL DESIGNATE THE
RECIPIENT UNDER SUBPARAGRAPH (I) BY SUBMITTING WRITTEN
CORRESPONDENCE TO THE DEPARTMENT DETAILING THE
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RECIPIENT'S NAME, MAILING ADDRESS AND DESCRIPTION OF
SERVICES PROVIDED IN SUPPORT OF SOLID WASTE MANAGEMENT
AND ANY LITTER ABATEMENT ACTIVITIES.
* * *
Section 2. Sections 1317 and 1520 of Title 75 are amended to
read:
§ 1317. Acknowledgment of littering provisions.
On every vehicle registration card, the following statement
shall be printed immediately above or below the signature of the
applicant:
I hereby acknowledge this day that I have received notice
of the provisions of section 3709 of the Vehicle Code.
Also printed on the registration card shall be the following:
Section 3709 provides for a fine of up to [$300] $2,000
for dropping, throwing or depositing, upon any highway,
or upon any other public or private property without the
consent of the owner thereof or into or on the waters of
this Commonwealth from a vehicle, any waste paper,
sweepings, ashes, household waste, glass, metal, refuse
or rubbish or any dangerous or detrimental substance, or
permitting any of the preceding without immediately
removing such items or causing their removal.
For any violation of section 3709, I may be subject to a
fine of up to [$300] $2,000 upon conviction, including
any violation resulting from the conduct of any other
persons operating, in possession of or present within
this vehicle with my permission, if I do not with
reasonable certainty identify the driver of the vehicle
at the time the violation occurred.
§ 1520. Acknowledgment of littering provisions.
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On every application for a learner's permit or driver's
license, the following statement shall be printed immediately
above or below the signature of the applicant:
I hereby acknowledge this day that I have received notice
of the provisions of section 3709 of the Vehicle Code.
Also printed on the card shall be the following:
Section 3709 provides for a fine of up to [$300] $2,000
for dropping, throwing or depositing, upon any highway,
or upon any other public or private property without the
consent of the owner thereof or into or on the waters of
this Commonwealth from a vehicle, any waste paper,
sweepings, ashes, household waste, glass, metal, refuse
or rubbish or any dangerous or detrimental substance, or
permitting any of the preceding without immediately
removing such items or causing their removal.
For any violation of section 3709, I may be subject to a
fine of up to [$300] $2,000 upon conviction, including
any violation resulting from the conduct of any other
persons present within any vehicle of which I am the
driver.
Section 3. Section 3709(d)(1) and (e) of Title 75 are
amended and the section is amended by adding a subsection to
read:
§ 3709. Depositing waste and other material on highway,
property or waters.
* * *
(d) Penalty.--Any person violating any of the provisions of
subsection (a) or (b) commits a summary offense and shall, upon
conviction, be sentenced to either or both of the following:
(1) To pay [a fine of not more than]:
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(i) [$900] for a violation which occurs in an
easement purchased under the program established by
section 14.1 of the act of June 30, 1981 (P.L.128,
No.43), known as the Agricultural Area Security Law, a
fine of not less than $900 nor more than $1,500;
(ii) [$600] for a violation which occurs in an
agricultural security area as defined in section 3 of the
Agricultural Area Security Law, a fine of not less than
$600 nor more than $1,200; or
(iii) [$300] for a violation which occurs anywhere
else[.]:
(A) For littering of five pounds or less OR LESS
THAN SIX CUBIC FEET for the first offense, WHERE THE
ACTIVITY GENERATING THE LITTER OR SOLID WASTE IS NOT
FOR COMMERCIAL PURPOSES, a fine of $100.
(B) For littering of more than five pounds but
less than 100 pounds or 25 cubic feet for the first
offense, WHERE THE ACTIVITY GENERATING THE LITTER OR
SOLID WASTE IS NOT FOR COMMERCIAL PURPOSES, a fine of
$500.
(C) For littering of more than 100 pounds or 25
cubic feet or more for the first offense, WHERE THE
ACTIVITY GENERATING THE LITTER OR SOLID WASTE IS NOT
FOR COMMERCIAL PURPOSES, a fine of $1,000.
(D) For littering of less than five pounds for
the second and subsequent offense, WHERE THE ACTIVITY
GENERATING THE LITTER OR SOLID WASTE IS NOT FOR
COMMERCIAL PURPOSES, a fine of $500.
(E) For littering of more than five pounds but
less than 100 pounds or 25 cubic feet for the second
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and subsequent offense, WHERE THE ACTIVITY GENERATING
THE LITTER OR SOLID WASTE IS NOT FOR COMMERCIAL
PURPOSES, a fine of $1,000.
(F) For littering of more than 100 pounds or 25
cubic feet for the second and subsequent offense, OR
IN ANY AMOUNT OR VOLUME OF SOLID WASTE WHERE THE
ACTIVITY GENERATING THE LITTER OR SOLID WASTE WAS FOR
COMMERCIAL PURPOSES, OR IN ANY VOLUME OF HAZARDOUS
WASTE, a fine of $2,000.
* * *
(e) Disposition of fines, etc.--[Revenue] Except as
otherwise provided under subsection (f), revenue from the
collection of fines and bail forfeitures in the course of
enforcement of this section shall be distributed in the
following manner:
(1) One-half shall be distributed to the agency or local
government unit which brought the action to enforce this
section and may be used to defray the expenses of enforcing
this section, at the option of the agency or local government
unit.
(2) One-half shall be allocated to the department for
Statewide public education and awareness programs to promote
litter control and recycling and awareness of the provisions
of this section.
(f) Alternate disposition.--Two-thirds of any fine over $300
(F) ALTERNATE DISPOSITION.--
(1) TWO-THIRDS OF ANY FINE OVER $300 collected under
subsection (d)(1) for an offense that occurred in a county
that has established a litter board or any other authority,
organization, department, bureau or board established by the
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county OR WITH COUNTY SUPPORT to administer solid waste
management AND ANY LITTER ABATEMENT ACTIVITIES IN THE COUNTY
as designated by the county commissioners shall be
transmitted to the litter board or the other authority,
organization, department, bureau or board.
(2) THE COUNTY COMMISSIONERS SHALL DESIGNATE THE
RECIPIENT UNDER PARAGRAPH (1) BY SUBMITTING WRITTEN
CORRESPONDENCE TO THE DEPARTMENT DETAILING THE RECIPIENT'S
NAME, MAILING ADDRESS AND DESCRIPTION OF SERVICES PROVIDED IN
SUPPORT OF SOLID WASTE MANAGEMENT AND ANY LITTER ABATEMENT
ACTIVITIES.
Section 4. Notwithstanding the amendment of 75 Pa.C.S. §§
1317 and 1520, the Department of Transportation may continue to
use existing materials that reference a fine of up to $300 for a
violation of 75 Pa.C.S. § 3709 until six months after the
effective date of this section.
Section 5. This act shall take effect in six months.
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