FINAL BILL REPORT

                 ESHB 1086

                     Synopsis as Enacted

                         C 292 L 93

Brief Description:  Modifying littering penalties.

By House Committee on Environmental Affairs (originally sponsored by Representatives Valle, Edmondson, Rust and Kremen).

House Committee on Environmental Affairs

Senate Committee on Ecology & Parks

Background:  Under current state law, littering is a misdemeanor  punishable by a fine of not less than $50 and a requirement to pick up litter for eight to 16 hours.  Local government enforcement of the state litter law appears to be quite limited.  In part, this may be due to the time and expense involved in charging and convicting littering under the criminal justice system.

From 1975 to 1982, the amount of litter generated per person decreased dramatically.  Since 1982 per capita litter generation has increased steadily.  Due to population increases, the amount of overall litter is greater than 1975 levels.

The incidence of illegal dumping of solid waste appears to be increasing.  There are no state laws, other than the littering penalties, governing the illegal dumping of larger quantities of solid waste.

Summary:  The penalty for littering is changed from a misdemeanor to a civil infraction.   Two levels of litter infractions are created.  Littering in amounts of one cubic foot or less is subject to a penalty of $50.  Littering in amounts greater than one cubic foot is subject to penalty of up to $250 plus a clean-up fee of $25 per cubic foot of litter.  A judge may require the person to remove litter from the property as an alternative to or in addition to the penalty amount.

Votes on Final Passage:

House  95 0

Senate 43 3 (Senate amended)

House  97 0 (House concurred)

Effective:  July 25, 1993