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               BILL REQUEST - CODE REVISER'S OFFICE

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BILL REQ. #:        H-2354.1/01

 

ATTY/TYPIST:        ML:rmh

 

BRIEF DESCRIPTION:


5093 AMH AGEC H2354.1

 

                                        By Representative Linville

 

SB 5093 - H COMM AMD

By Committee on Agriculture & Ecology

 

                                                                   

 

    Strike everything after the enacting clause and insert the following:

 

    "Sec. 1.  RCW 70.93.060 and 2000 c 154 s 2 are each amended to read as follows:

    (1) It is a violation of this section to abandon a junk vehicle upon any property ((located in an unincorporated area of a county)). In addition, no person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public property in the state or upon private property in this state not owned by him or her or in the waters of this state whether from a vehicle or otherwise including but not limited to any public highway, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley except:

    (a) When the property is designated by the state or its agencies or political subdivisions for the disposal of garbage and refuse, and the person is authorized to use such property for that purpose;

    (b) Into a litter receptacle in a manner that will prevent litter from being carried away or deposited by the elements upon any part of ((said)) the private or public property or waters.

    (2)(a) Except as provided in subsection (4) of this section, it is a class 3 civil infraction as provided in RCW 7.80.120 for a person to litter in an amount less than or equal to one cubic foot.

    (b) ((It is a class 1 civil infraction as provided in RCW 7.80.120 for a person to litter in an amount greater than one cubic foot in an incorporated area of a county.  Unless suspended or modified by a court, the person shall also pay a litter cleanup fee of twenty-five dollars per cubic foot of litter.  The court may, in addition to or in lieu of part or all of the cleanup fee, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property.

    (c))) It is a misdemeanor for a person to litter in an amount greater than one cubic foot but less than one cubic yard ((in an unincorporated area of a county)).  The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or fifty dollars per cubic foot of litter, whichever is greater.  The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the law enforcement agency investigating the incident.  The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property.  The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter.

    (((d))) (c) It is a gross misdemeanor for a person to litter in an amount of one cubic yard or more ((in an unincorporated area of a county)).  The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or one hundred dollars per cubic foot of litter, whichever is greater.  The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the law enforcement agency investigating the incident.  The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property.  The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter.

    (((e))) (d) If a junk vehicle is abandoned in violation of this section, RCW 46.55.230 governs the vehicle's removal, disposal, and sale, and the penalties that may be imposed against the person who abandoned the vehicle.

    (3) If the violation occurs in a state park, the court shall, in addition to any other penalties assessed, order the person to perform twenty-four hours of community service in the state park where the violation occurred if the state park has stated an intent to participate as provided in RCW 79A.05.050.

    (4) It is a class 1 civil infraction as provided in RCW 7.80.120 for a person to discard, in violation of this section, a cigarette, cigar, or other tobacco product that is capable of starting a fire.

 

    Sec. 2.  RCW 70.95.240 and 2000 c 154 s 3 are each amended to read as follows:

    (1) After the adoption of regulations or ordinances by any county, city, or jurisdictional board of health providing for the issuance of permits as provided in RCW 70.95.160, it shall be unlawful for any person to dump or deposit or permit the dumping or depositing of any solid waste onto or under the surface of the ground or into the waters of this state except at a solid waste disposal site for which there is a valid permit.  This section does not:

    (a) Prohibit a person from dumping or depositing solid waste resulting from his or her own activities onto or under the surface of ground owned or leased by him or her when such action does not violate statutes or ordinances, or create a nuisance;

    (b) Apply to a person using a waste-derived soil amendment that has been approved by the department under RCW 70.95.205; or

    (c) Apply to the application of commercial fertilizer that has been registered with the department of agriculture as provided in RCW 15.54.325, and that is applied in accordance with the standards established in RCW 15.54.800(3).

    (2)(a) It is a class 3 civil infraction as defined in RCW 7.80.120 for a person to litter in an amount less than or equal to one cubic foot.

    (b) ((It is a class 1 civil infraction as defined in RCW 7.80.120 for a person to litter in an amount greater than one cubic foot in an unincorporated area of a county.  Unless suspended or modified by a court, the person shall also pay a litter cleanup fee of twenty-five dollars per cubic foot of litter.  The court may, in addition to or in lieu of part or all of the cleanup fee, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property.

    (c))) It is a misdemeanor for a person to litter in an amount greater than one cubic foot but less than one cubic yard ((in an unincorporated area of a county)).  The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or fifty dollars per cubic foot of litter, whichever is greater.  The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the jurisdictional health department investigating the incident.  The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property.  The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter.

    (((d))) (c) It is a gross misdemeanor for a person to litter in an amount of one cubic yard or more ((in an unincorporated area of a county)).  The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or one hundred dollars per cubic foot of litter, whichever is greater.  The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the jurisdictional health department investigating the incident.  The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter.

    (((e))) (d) If a junk vehicle is abandoned in violation of this chapter, RCW 46.55.230 governs the vehicle's removal, disposal, and sale, and the penalties that may be imposed against the person who abandoned the vehicle.

 

    Sec. 3.  RCW 46.55.230 and 2000 c 154 s 4 are each amended to read as follows:

    (1) Notwithstanding any other provision of law, any law enforcement officer having jurisdiction, or any employee or officer of a jurisdictional health department acting pursuant to RCW 70.95.240, or any person authorized by the director shall inspect and may authorize the disposal of an abandoned junk vehicle.  The person making the inspection shall record the make and vehicle identification number or license number of the vehicle if available, and shall also verify that the approximate value of the junk vehicle is equivalent only to the approximate value of the scrap in it.

    (2) The law enforcement officer or department representative shall provide information on the vehicle's registered and legal owner to the landowner.

    (3) Upon receiving information on the vehicle's registered and legal owner, the landowner shall mail a notice to the registered and legal owners shown on the records of the department.  The notification shall describe the redemption procedure and the right to arrange for the removal of the vehicle.

    (4) If the vehicle remains unclaimed more than fifteen days after the landowner has mailed notification to the registered and legal owner, the landowner may dispose of the vehicle or sign an affidavit of sale to be used as a title document.

    (5) If no information on the vehicle's registered and legal owner is found in the records of the department, the landowner may immediately dispose of the vehicle or sign an affidavit of sale to be used as a title document.

    (6)(((a) It is a class 1 civil infraction as defined in RCW 7.80.120 for a person to abandon a junk vehicle on property located in an incorporated area.  If a junk vehicle is abandoned in an incorporated area, the landowner of the property upon which the junk vehicle is located is entitled to recover from the vehicle's registered owner any costs incurred in the removal of the junk vehicle.

    (b))) It is a gross misdemeanor for a person to abandon a junk vehicle on property ((located in an unincorporated area)).  If a junk vehicle is abandoned ((in an unincorporated area)), the vehicle's registered owner shall also pay a cleanup restitution payment equal to twice the costs incurred in the removal of the junk vehicle.  The court shall distribute one-half of the restitution payment to the landowner of the property upon which the junk vehicle is located, and one-half of the restitution payment to the law enforcement agency or jurisdictional health department investigating the incident.

    (7) For the purposes of this section, the term "landowner" includes a legal owner of private property, a person with possession or control of private property, or a public official having jurisdiction over public property.

    (8) A person complying in good faith with the requirements of this section is immune from any liability arising out of an action taken or omission made in the compliance."

 

    Correct the title.

 

 

 


    EFFECT:  Makes penalties for littering or abandoning junk vehicles the same in the unincorporated area and the incorporated portions of a county.  The penalty for all littering and junk vehicle violations is:  (1) Littering:  Less than one cubic foot equals class 3 civil infraction ($50 fine); between one cubic foot and one cubic yard is a misdemeanor (litter cleanup restitution of twice the actual cleanup cost, not less than $50, with one-half to affected landowner and one-half to investigating enforcement agency); and over one cubic yard is a gross misdemeanor (litter cleanup restitution of twice the actual cleanup costs, not less than $100, with one-half to affected landowner and one-half to investigating enforcement agency); (2) Abandoning a junk vehicle:  Gross misdemeanor (cleanup restitution payment of twice the cost to remove the junk vehicle, with one-half to the affected landowner and one-half to the investigating enforcement agency).

 


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