THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SCAVELLO, D. COSTA, DALEY, FARRY, GEIST, GEORGE, GINGRICH, GROVE, HESS, KNOWLES, MAJOR, MANN, METZGAR, MURT, D. O'BRIEN, READSHAW, K. SMITH, STABACK, SWANGER, THOMAS AND YOUNGBLOOD, NOVEMBER 15, 2011

REFERRED TO COMMITTEE ON TRANSPORTATION, NOVEMBER 15, 2011  

AN ACT

Amending Titles 18 (Crimes and Offenses) and 75 (Vehicles) of

the Pennsylvania Consolidated Statutes, further providing for

the offense of scattering rubbish, for the acknowledgment of

littering provisions and 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 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.

* * *

(6)  Fines are to be imposed according to the following

schedule:

(i)  For littering of five pounds or less for the

first offense, 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,

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, the fine shall

be not less than $500 nor more than $1,000.

(iv)  For littering of less than five pounds for the

second and subsequent offense, 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, 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, the

fine shall be not less than $1,000 nor more than $2,000.

(7)  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 to administer solid waste management as designated by

the county commissioners shall be transmitted to the litter

board or the other authority, organization, department,

bureau or board.

* * *

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.

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]:

(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 for the

first offense, 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, a fine of $500.

(C)  For littering of more than 100 pounds or 25

cubic feet or more for the first offense, a fine of

$1,000.

(D)  For littering of less than five pounds for

the second and subsequent offense, a fine of $500.

(E)  For littering of more than five pounds but

less than 100 pounds or 25 cubic feet for the second

and subsequent offense, a fine of $1,000.

(F)  For littering of more than 100 pounds or 25

cubic feet for the second and subsequent offense, 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

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 county to administer solid waste management as designated

by the county commissioners shall be transmitted to the litter

board or the other authority, organization, department, bureau

or board.

Section 4.  This act shall take effect in six months.