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PRINTER'S NO. 1389
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1192
Session of
2019
INTRODUCED BY BULLOCK, HILL-EVANS, SOLOMON, BRIGGS, RABB,
HOHENSTEIN, KINSEY, MURT, McNEILL, SNYDER, YOUNGBLOOD,
MILLARD, SIMS, OTTEN, SANCHEZ, WARREN, SAPPEY, MARKOSEK,
DALEY AND GALLOWAY, APRIL 11, 2019
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 11, 2019
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, further providing for
acknowledgment of littering provisions; in licensing of
drivers, further providing for acknowledgment of littering
provisions; and, in miscellaneous provisions, further
providing for the offense of depositing 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), (2), (3) and (4) of Title 18
of the Pennsylvania Consolidated Statutes, amended June 28, 2018
(P.L.429, No.62), are amended and the subsection is amended by
adding a paragraph to read:
§ 6501. Scattering rubbish.
* * *
(b) Penalty.--
(1) [A] Except as provided for in paragraph (1.1), a
person who violates subsection (a)(1) or (2) is guilty of a
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[summary offense] misdemeanor of the third degree for the
first offense and upon conviction thereof shall be sentenced
to pay a fine of not less than [$50] $300 nor more than
[$300] $2,000 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] one year, or both.
(1.1) A person who violates subsection (a)(1) or (2), in
which the collective total weight of the discarded material
is less than one pound, 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 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] second degree for the
second and subsequent offense and upon conviction thereof
shall be sentenced to pay a fine of not less than [$300]
$2,000 nor more than [$1,000] $5,000. The person also may be
sentenced to imprisonment for not more than one year or 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] two years.
(3) A person who violates subsection (a)(3) is guilty of
a misdemeanor of the second degree for the first offense and
upon conviction thereof shall be sentenced to pay a fine of
not less than $500 nor more than [$5,000] $10,000. The person
also may be sentenced to imprisonment or to performing a
community service for a period not to exceed two years.
(4) A person who violates subsection (a)(3) is guilty of
a misdemeanor of the first degree for the second or
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subsequent offense and upon conviction thereof shall be
sentenced to pay a fine of not less than $1,000 nor more than
[$10,000] $20,000. The person also may be sentenced to
imprisonment or to performing a community service for a
period not to exceed five years.
* * *
Section 2. Sections 1317, 1520 and 3709(d)(1) 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
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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.
§ 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] $5,000 for a violation which occurs in an
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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;
(ii) [$600] $3,000 for a violation which occurs in
an agricultural security area as defined in section 3 of
the Agricultural Area Security Law; or
(iii) [$300] $2,000 for a violation which occurs
anywhere else.
* * *
Section 3. This act shall take effect in six months.
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