SENATE BILL REPORT

SSB 5181

BYSenate Committee on Judiciary (originally sponsored by  Senator Tanner)

Prohibiting the dumping of trash in charitable donation receptacles.

Senate Committee on Judiciary

Senate Hearing Date(s):February 12, 1987; February 18, 1987

Majority Report:  That Substitute Senate Bill No. 5181 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; McCaslin, Nelson, Newhouse.

Senate Staff:Lidia Mori (786-7461)

                  April 18, 1987

AS PASSED SENATE, MARCH 11, 1987

BACKGROUND:

Charitable organizations provide receptacles for donations of items of value.  Concern exists that people are utilizing these receptacles as convenient containers for their refuse.  The charities are then required to dispose of the litter in a proper manner, which is both very expensive and time consuming.

SUMMARY:

It is a misdemeanor to dispose of any trash, garbage or litter in or around a receptacle provided for donations by a charitable organization.  "Trash" is described as items that have deteriorated to the extent that they are no longer of monetary value or of use for the purpose they were intended.  The term "garbage" includes any organic matter.

The charitable organization must post a clearly visible notice on the receptacles informing the public of this prohibition and the penalties for its violation.  The charitable organization must also post a general identification of the items which are appropriate for deposit in the receptacle.

The fine for violating the provisions of this section is not less than $50 for each offense.  The charitable organization which maintains the donation receptacle may seek to collect damages through a civil action.  For a second or subsequent violation, treble damages may be awarded, but in no event will damages be less than $200.

Fiscal Note:      available

Senate Committee - Testified: Senator Joe Tanner; Susan Robles, Portland Goodwill Industries; Ginny McCormac, Seattle Goodwill Industries

HOUSE AMENDMENT:

If any provision of the Act or its application to any person or circumstance is held to be invalid, the remainder of the Act or the application of the provision to other persons or circumstances is not affected.