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                                                       PRINTER'S NO. 917

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 803 Session of 2007


        INTRODUCED BY BOSCOLA, WOZNIAK, WAUGH, FONTANA, RAFFERTY AND
           FERLO, APRIL 27, 2007

        REFERRED TO TRANSPORTATION, APRIL 27, 2007

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for depositing waste and other
     3     material on highway, property or waters.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 3709(d) of Title 75 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 3709.  Depositing waste and other material on highway,
     9             property or waters.
    10     * * *
    11     (d)  Penalty.--Any person violating any of the provisions of
    12  subsection (a) or (b) commits a summary offense and shall, upon
    13  conviction, be sentenced to either or both of the following:
    14         (1)  To pay a fine of not more than[:
    15             (i)  $900 for a violation which occurs in an easement
    16         purchased under the program established by section 14.1
    17         of the act of June 30, 1981 (P.L.128, No.43), known as
    18         the Agricultural Area Security Law;

     1             (ii)  $600 for a violation which occurs in an
     2         agricultural security area as defined in section 3 of the
     3         Agricultural Area Security Law; or
     4             (iii)  $300 for a violation which occurs anywhere
     5         else.] $1,000.
     6         (2)  Except where infirmity or age or other circumstance
     7     would create a hardship, be directed by the court in which
     8     conviction is obtained to pick up and remove litter from
     9     public property or private property, or both, with prior
    10     permission of the legal owner. If the person has no prior
    11     record of convictions for violation of this section, he may
    12     be sentenced to pick up and remove litter for not less than
    13     eight hours nor more than 16 hours. Upon a second conviction,
    14     the person may be sentenced to pick up and remove litter for
    15     not less than 16 hours and not more than 32 hours. Upon third
    16     and subsequent convictions, he may be sentenced to pick up
    17     and remove litter for not less than 40 hours and not more
    18     than 80 hours. The court shall schedule the time to be spent
    19     on such activities in such a manner that it does not
    20     interfere with the person's employment and does not interfere
    21     substantially with the person's family responsibilities or
    22     religious obligations.
    23     * * *
    24     Section 2.  This act shall take effect in 60 days.




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