Regular Session 2017-2018 Senate Bill 0431 P.N. 1872

HOUSE AMENDED

PRIOR PRINTER'S NOS. 423, 825, 948

PRINTER'S NO. 1872

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

431

Session of

2017

INTRODUCED BY SCAVELLO, RESCHENTHALER, SCHWANK, YUDICHAK,

HAYWOOD, WHITE, BREWSTER AND BLAKE, FEBRUARY 27, 2017

AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF

REPRESENTATIVES, AS AMENDED, JUNE 13, 2018

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.

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.

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 or to] $1,000 and be

required to pick up litter or illegally dumped trash for 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 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 or nine

cubic feet 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.

20170SB0431PN1872 - 2 -

(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.

(iv) For littering of five pounds or less or less

than nine 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 $100 nor more than $500.

(v) For littering of more than five pounds or nine

cubic feet 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) (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

20170SB0431PN1872 - 3 -

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 of Transportation

detailing the 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

20170SB0431PN1872 - 4 -

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.

20170SB0431PN1872 - 5 -

* * *

(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 or less

than nine 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 or

nine cubic feet 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.

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 five pounds or less or less

20170SB0431PN1872 - 6 -

than nine cubic feet 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 or

nine cubic feet 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, 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.

20170SB0431PN1872 - 7 -

(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

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.

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

20170SB0431PN1872 - 8 -

<--

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.

* * *

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).

20170SB0431PN1872 - 9 -

SECTION 4903 (RELATING TO SECURING LOADS IN VEHICLES).

18 PA.C.S. § 6501 (RELATING TO SCATTERING RUBBISH).

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-

20170SB0431PN1872 - 10 -

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:

* * *

(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.

20170SB0431PN1872 - 11 -