1303-S2 AMH DUFA LIPS 387

2SHB 1303 - H AMD 194

By Representative Dufault

On page 2, after line 16, insert the following:

"Sec. 4. RCW 70A.200.060 and 2024 c 231 s 2 are each amended to read as follows:

(1) It is a violation of this section to:

(a) Abandon a junk vehicle upon any property;

(b) 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, forestland, recreational area, trailer park, highway, road, street, or alley except:

(i) 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;

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

(2)(a) Except as provided in subsection (5) 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 misdemeanor for a person to litter in an amount greater than one cubic foot but less than 10 cubic yards. A violation of this subsection may alternatively be punished with a notice of a natural resource infraction under chapter 7.84 RCW.

(c) It is a gross misdemeanor for a person to litter more than 10 cubic yards.

(d)(i) A person found liable or guilty under this section shall, in addition to the penalties provided for misdemeanors, gross misdemeanors, or for natural resource infractions as provided in RCW 7.84.100, also pay a litter clean-up restitution payment equal to four times the actual cost of cleanup for natural resource infractions and misdemeanors and two times the actual cost of cleanup for gross misdemeanors. The court shall distribute an amount of the litter clean-up restitution payment that equals the actual cost of cleanup to the landowner where the littering incident occurred and the remainder of the restitution payment to the law enforcement agency investigating the incident.

(ii) 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.

(iii) 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.

(3) 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.

(4) If the violation occurs in a state park, the court shall, in addition to any other penalties assessed, order the person to perform 24 hours of community restitution 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.

(5) It is a class 1 civil infraction as provided in RCW 7.80.120 for a person to discard, in violation of this section, potentially dangerous litter in any amount.

(6)(a) Unless otherwise permitted by state law, it is unlawful for any person to camp within any public property that is within 10 blocks of a temporary shelter, provided that if the 10-block radius bisects a block or a public parcel, such as a park or a school, that the entire block or parcel shall be included in the prohibited area for camping, or within 200 feet of waters of the state.

(b) It is unlawful for any person to store personal property, including, without limitation, camp facilities and camp paraphernalia, within any public property that is within 10 blocks of a temporary shelter, provided that if the 10-block radius bisects a block or a public parcel, such as a park or a school, that the entire block or parcel shall be included in the prohibited area for camping, or within 200 feet of waters of the state.

(c) A violation of the requirements of this subsection (6) is a misdemeanor offense, provided that, no less than two weeks prior to issuance of an infraction under this subsection, notice shall be posted at the location where camping or storage of personal belongings is occurring, so that any local homelessness services provider can be notified and interested non-governmental organizations and mutual aid groups can offer assistance and resources as needed at this location. No posting of such notice, nor notice to any organization, is required when there is a reasonable belief there is significant risk to life, public health or safety, or property due to the prohibited camping or storage of personal belongings at this location.

(7) The following definitions apply for purpose of subsection (6) of this section unless the context clearly requires otherwise:

(a)(i) "camp" means to pitch, erect, or occupy camp facilities, or to use camp paraphernalia, or both, for the purpose of, or in such a way as will facilitate, remaining overnight.

(ii) "camp" does not include overnight use of public property by a government entity.

(b) "camp facilities" means, without limitation, tents, huts, and temporary shelters.  

(c) "camp paraphernalia" means, without limitation, blankets, pillows, tarpaulins, cots, beds or bedding, sleeping bags, hammocks, cooking facilities not designated by a government entity, or similar equipment.

(d) "public property" means all property in which a government entity has a property interest, including easements, and includes, without limitation, all parks, piers, streets, trails, forests, park museums, pools, beaches, open spaces, public squares, public schools and associated athletic facilities, grounds around publicly owned or leased buildings, including but not limited to parking lots, and any other property in which a governmental entity has a property interest of any type.

(e) "temporary shelter" means a shelter permitted by a government entity.

(f) "waters of the state" has the same meaning as in RCW 90.56.010."

Renumber the remaining section consecutively and correct any internal references accordingly.

--- END ---