ANALYSIS OF HB 1163

HOUSE AGRICULTURE & ECOLOGY COMMITTEE    JANUARY 30, 2001

$New penalties for littering and abandoning junk vehicles in an incorporated area are the same as the existing penalties in the unincorporated portion of a county.

Background:

A person violating the state litter or vehicle abandonment laws faces different penalties depending on where in a county the violation occurs.  Littering more than one cubic foot of trash within the incorporated area is a class 1 civil infraction punishable by a $250 fine.  In addition to the civil infraction, a $25 litter cleanup fee for every cubic foot of litter deposited and a court order to pick up the trash littered may be entered.

In an unincorporated area, litter in excess of one cubic foot, but less than one cubic yard is a misdemeanor and litter greater than one cubic yard is a gross misdemeanor.  In both cases, the violator must pay a litter restitution payment equal to twice the actual cost of cleanup.  This restitution payment can not be less than $50 for those littering less than one cubic yard or less than $100 for those littering over one cubic yard.  One-half of this restitution payment is distributed to the law enforcement agency investigating the incident, and one-half is distributed to the affected landowner.  First-time offenders in an unincorporated area may have restitution payments waived if they agree to clean up the litter.

A similar distinction exists for junk vehicles that are abandoned in incorporated and unincorporated portions of counties.  Abandoning a junk vehicle on property located within the incorporated area is class 1 civil infraction.  The maximum penalty for this violation is a $250 fine and reimbursement to the landowner for any costs associated with the vehicle=s removal.  Abandoning a junk vehicle on property located in the unincorporated county is a gross misdemeanor.  The maximum penalty for this violation is a cleanup restitution of twice the costs incurred in the junk vehicle=s removal.  One half of the restitution payment is distributed to the affected land owner, and one half is distributed to the state entity investigating the incident.

Summary:

Penalties for littering or abandoning junk vehicles are 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 = class 3 civil infraction ($50 fine)

$         Between one cubic foot and one cubic yard = 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)

$         Over one cubic yard = 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).

Appropriation:None.

Fiscal Note:Requested on January 18, 2001.

Effective Date:Ninety days after adjournment of regular session.