FINAL BILL REPORT

SHB 1163

C 139 L 01

Synopsis as Enacted

Brief Description:  Changing provisions relating to disposal of garbage and junk vehicles.

Sponsors:  By House Committee on Agriculture & Ecology (originally sponsored by Representatives Eickmeyer, Doumit, Rockefeller, Jackley and Haigh).

House Committee on Agriculture & Ecology

Senate Committee on Natural Resources, Parks & Shorelines

Background:

A person violating the state litter or vehicle abandonment laws faces different penalties depending on whether the violation occurs in unincorporated or incorporated areas of a county.  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 litter may be entered.

In an unincorporated area, littering in excess of one cubic foot, but less than one cubic yard, is a misdemeanor and littering 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 may 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 penalties for all littering and junk vehicle violations are modified as follows:

1)Littering:

$Up to one cubic foot is a 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, may also be ordered with one-half  to affected landowner and one-half to investigating enforcement agency).

$Over one cubic yard is a gross misdemeanor (litter cleanup restitution of twice the actual cleanup costs, not less than $100, may also be ordered 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, may also be ordered with one-half to the affected landowner and one-half to the investigating enforcement agency).

Votes on Final Passage:

House980

Senate480

Effective:  July 22, 2001