SB364: increasing the penalties for littering.

SB 364 - AS INTRODUCED

2004 SESSION

04-3069

04/10

SENATE BILL 364

AN ACT increasing the penalties for littering.

SPONSORS: Sen. Sapareto, Dist 19; Sen. Morse, Dist 22; Sen. Martel, Dist 18; Sen. Barnes, Dist 17; Rep. Morris, Rock 84

COMMITTEE: Public Affairs

ANALYSIS

This bill increases the penalties for littering and provides that littering fines assessed shall be used by the department of transportation for litter removal.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04-3069

04/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT increasing the penalties for littering.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Litter Control Law; Intent Amended. Amend RSA 163-B:1 to read as follows:

163-B:1 Declaration of Intent. It is the intention of the legislature by this chapter to provide for uniform prohibition throughout the state of any and all littering on public or private property and to [curb thereby the desecration of] protect the beauty of the state and minimize harm to the health, welfare, and safety of its citizens caused by individuals who litter.

2 Litter Control Law; Penalties Amended. Amend RSA 163-B:4, I to read as follows:

I. Any person violating the provisions of RSA 163-B:3, shall be guilty of a misdemeanor[, or, in] and, notwithstanding the provisions of RSA 651:2, IV, the court may impose a fine not to exceed $10,000. In lieu thereof, in the sound discretion of any court in which conviction is obtained, any such person may be directed by the judge of such court to pick up and remove from any public street or highway or public or private right-of-way, or public beach or public park, or with prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it has been established by competent evidence that he has deposited litter, any and all litter deposited thereon by anyone prior to the date of execution of sentence. Any fines imposed under this section shall be used by the department of transportation for litter removal from the ways of this state.

3 Litter Control Law; Prima Facie Evidence. Amend RSA 163-B:5 to read as follows:

163-B:5 Prima Facie Evidence. Evidence that litter is thrown, deposited, dropped or dumped from any motor vehicle, boat, airplane or other conveyance in violation of RSA 163-B:3, shall be prima facie evidence that the operator of said conveyance shall have violated this chapter and the license to operate such a conveyance issued to any person convicted hereunder may be suspended for a period not to exceed [7] 30 days together with, or in lieu of, penalties provided in RSA 163-B:4.

4 Rules of the Road; Littering. Amend RSA 265:102, IV to read as follows:

IV. Any person who violates any provision of this section shall be guilty of a violation if a natural person, or guilty of a misdemeanor and, notwithstanding the provisions of RSA 651:2, IV, subject to a fine not to exceed $10,000 if any other person.

5 Water Pollution and Waste Disposal; Litter. Amend RSA 485-A:15, IV to read as follows:

IV. Any person responsible for a violation of paragraph I shall be guilty of a violation if a natural person, or guilty of a misdemeanor and, notwithstanding the provisions of RSA 651:2, IV, subject to a fine not to exceed $10,000 if any other person.

6 Effective Date. This act shall take effect January 1, 2005.