S0431B0948A07526 BIL:EJH 06/11/18 #90 A07526
AMENDMENTS TO SENATE BILL NO. 431
Sponsor: REPRESENTATIVE TAYLOR
Printer's No. 948
Amend Bill, page 1, lines 1 through 8, by striking out all of
said lines and inserting
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 rules of
the road in general, providing for duty of driver in litter
enforcement corridors; and, in powers of department and local
authorities, providing for designation of litter enforcement
corridors and further providing for specific powers of
department and local authorities.
Amend Bill, page 1, lines 11 through 21; pages 2 through 7,
lines 1 through 30; page 8, lines 1 through 19; by striking out
all of said lines on said pages and inserting
Section 1. Section 6501(b)(1) and (2) of Title 18 of the
Pennsylvania Consolidated Statutes are amended 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 and be required to pick up
litter or illegally dumped trash for not less than five nor
more than 30 hours to be completed within six months, or to
imprisonment for not more than 90 days, or both.
(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 nor more than
$1,000. The person also may be sentenced to imprisonment or
[to performing a community service for a period not to
exceed] be required to pick up litter or illegally dumped
trash for not less than 30 nor more than 100 hours to be
completed within one year.
* * *
2018/90BIL/SB0431A07526 - 1 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
Section 2. Title 75 is amended by adding sections to read:
§ 3329. Duty of driver in litter enforcement corridors.
(a) Areas indicated by traffic-control devices.--The driver
of a vehicle shall yield the right-of-way to any authorized
vehicle or pedestrian actually engaged in work upon a highway
within a litter enforcement corridor indicated by official
traffic-control devices placed in accordance with department
regulations, including advanced warning signs or a vehicle
having flashing or revolving yellow lights.
(b) Fines to be doubled.--For any of the following
violations, when committed in a litter enforcement corridor
designated under section 6105.2 (relating to designation of
litter enforcement corridors), the fine shall be double the
usual amount:
Section 3709 (relating to depositing waste and other
material on highway, property or waters).
Section 4903 (relating to securing loads in vehicles).
18 Pa.C.S. § 6501 (relating to scattering rubbish).
(c) Fines to be tripled.--If a person is found to be
littering or scattering rubbish under 18 Pa.C.S. § 6501 that
originated from a commercial business, the fine shall be triple
the usual amount.
(d) Notice.--Official traffic control devices shall be
appropriately placed to notify motorists that increased
penalties apply for littering violations within a litter
enforcement corridor.
§ 6105.2. Designation of litter enforcement corridors.
Litter enforcement corridors shall be designated as follows:
(1) The department shall have the power to designate a
segment of any State highway.
(2) A political subdivision shall have the ability to
petition the department to designate a segment of any State
highway that is located within the political subdivision's
physical boundaries.
(3) A political subdivision shall have the ability to
designate any local road, by authority granted in section
6109 (relating to specific powers of department and local
authorities).
(4) All scenic highways, as designated by 74 Pa.C.S. Ch.
83 (relating to scenic highways), shall be deemed litter
enforcement corridors.
Section 3. Section 6109(a) of Title 75 is amended by adding
a paragraph to read:
§ 6109. Specific powers of department and local authorities.
(a) Enumeration of police powers.--The provisions of this
title shall not be deemed to prevent the department on State-
designated highways and local authorities on streets or highways
within their physical boundaries from the reasonable exercise of
their police powers. The following are presumed to be reasonable
exercises of police power:
* * *
2018/90BIL/SB0431A07526 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
(24) Designating any local road as a litter enforcement
corridor, as described in section 6105.2 (relating to
designation of litter enforcement corridors) and enforcing
penalties for violations of section 3329 (relating to duty of
driver in litter enforcement corridors), provided that the
local authority has received written complaints about
littering or the scattering of rubbish and demonstrates the
need to designate the local road.
* * *
Section 4. This act shall take effect in six months.
2018/90BIL/SB0431A07526 - 3 -
1
2
3
4
5
6
7
8
9
10
See A07526 in
the context
of SB431