Bill Text: MS SB2427 | 2016 | Regular Session | Introduced
Bill Title: Littering; revise offense of.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-23 - Died In Committee [SB2427 Detail]
Download: Mississippi-2016-SB2427-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Judiciary, Division B
By: Senator(s) Hill
Senate Bill 2427
AN ACT TO AMEND SECTIONS 97-15-30, 97-15-29, 97-15-31 AND 97-27-9, MISSISSIPPI CODE OF 1972, TO REVISE THE FINES IMPOSED FOR THE OFFENSE OF LITTERING; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-15-30, Mississippi Code of 1972, is amended as follows:
97-15-30. (1) For purposes of this section the term "commercial purpose" means for the purpose of economic gain.
(2) (a) Except as authorized by law or permit, it is unlawful for any person to throw, scatter, spill or place, or cause to be thrown, scattered, spilled, or placed, or otherwise disposed of, any solid waste in any of the following manners or amounts:
(i) In or on any public highway, road, street, alley or thoroughfare, including any portion of the right-of-way thereof, or any other public lands, except in containers or areas lawfully provided therefor. When any solid waste is thrown or discarded from a motor vehicle, the operator or owner of the motor vehicle, or both, shall be deemed in violation of this section;
(ii) In or on any waters of the state. When any solid waste is thrown or discarded from a vessel, the operator or owner of the boat, or both, shall be deemed in violation of this section; or
(iii) In or on any private property, unless prior written consent of the owner has been given and the solid waste will not cause a public nuisance or be in violation of any other state or local law, rule or regulation;
(iv) Raw human waste from any train, aircraft, motor vehicle or vessel upon the public or private lands or waters of the state.
(b) Nothing in this section shall prohibit acts authorized pursuant to Section 17-17-13.
(3) (a) Any person who
violates this section in an amount not exceeding fifteen (15) pounds in weight
or twenty-seven (27) cubic feet in volume and not for commercial purposes is
guilty of * * *
a misdemeanor and subject to a fine * * * of not less
than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars
($1,000.00).
(b) Any person who
violates this section in an amount exceeding fifteen (15) pounds or twenty-seven
(27) cubic feet in volume, but not exceeding five hundred (500) pounds in
weight or one hundred (100) cubic feet in volume and not for commercial
purposes is guilty of a misdemeanor and subject to a fine of not less than * * * Five Hundred
Dollars ($500.00), nor more than * * * Two
Thousand Five Hundred Dollars ($2,500.00), or to imprisonment for a term of
not more than one (1) year, or both.
(c) Any person who
violates this section in an amount exceeding five hundred (500) pounds in
weight or one hundred (100) cubic feet in volume, or in any amount or volume of
solid waste for commercial purposes, or in any amount or volume of hazardous
waste is guilty of a felony and subject to a fine of not less than * * * Two Thousand
Five Hundred Dollars ($2,500.00), nor more than * * * Seventy-five
Thousand Dollars ($75,000.00) or to imprisonment for a term of not more
than five (5) years, or both. For purposes of the fine, each day shall
constitute a separate violation.
(d) In addition to any
other fines, penalties or injunctive relief prescribed by law, a person
convicted under * * *
subsection (3)(b) or (3)(c) of this section shall:
(i) Remove or render harmless, in accordance with written direction from the Department of Environmental Quality, the unlawfully discarded solid waste;
(ii) Repair or restore property damaged by, or pay damages for any damage arising out of the unlawfully discarded solid waste;
(iii) Perform community public service relating to the removal of any unlawfully discarded solid waste or to the restoration of an area polluted by unlawfully discarded solid waste; and
(iv) Pay all reasonable investigative and prosecutorial expenses and costs to the investigative and/or prosecutorial agency or agencies.
(e) If a conviction under subsection (3) of this section is for a violation committed after a first conviction of that person under this section, the maximum punishment under the respective paragraphs shall be doubled with respect to both fine and imprisonment.
(4) A court may enjoin a violation of subsection (2) of this section.
(5) Any motor vehicle, vessel, aircraft, container, crane, winch, or machine used in a felony violation of this section may be seized with process or without process if a law enforcement officer has probable cause to believe that the property was used in violation of that section. The seized property shall be subject to an administrative and/or judicial forfeiture by the same standards and procedures provided under Sections 41-29-176 through 41-29-185.
(6) In the criminal trial of any person charged with violating subsection (2) of this section, the defendant must affirmatively show that he had authority to discard the solid waste.
(7) Any person who conspires to commit a violation of this section shall be punished in accordance with the underlying offense set forth in this section.
(8) It shall be the duty of all law enforcement officers to enforce the provisions of this chapter.
(9) All prosecutions for felony violations of this section shall be instituted only by the Attorney General, his designee, the district attorney of the district in which the violation occurred or his designee and shall be conducted in the name of the people of the State of Mississippi. In the prosecution of any criminal proceeding under this section by the Attorney General, or his designee, and in any proceeding before a grand jury in connection therewith, the Attorney General or his designee shall exercise all the powers and perform all the duties which the district attorney would otherwise be authorized or required to exercise or perform. The Attorney General shall have the authority to issue and serve subpoenas for any felony violation in the same manner as prescribed under Section 7-5-59.
(10) Jurisdiction for all felony violations shall be in the circuit court of the county in which the violation occurred.
(11) Nothing in this section shall limit the authority of the department to enforce the provisions of the Solid Waste Disposal Law or shall limit the authority of any state or local agency to enforce any other laws, rules or ordinances.
(12) The Department of Transportation may erect warning signs along the roads and highways of this state advising the public of the existence of these sections and of the penalty for the violation thereof.
(13) This section shall not prohibit the storage of ties, poles, other materials and machinery by a railroad or a public utility on its right-of-way. This section does not apply to any vehicle transporting agricultural products or supplies when the solid waste from that vehicle is a nontoxic, biodegradable agricultural product or supply.
(14) The Attorney General may pay an award, not to exceed Ten Thousand Dollars ($10,000.00) to any person who furnishes information or services that lead to a felony criminal conviction for any violation of this section. The payment shall be subject to available appropriations for those purposes as provided in annual appropriation acts. Any officer or employee of the United States or any state or local government who furnishes information or renders service in the performance of an official duty is ineligible for payment under this subsection.
SECTION 2. Section 97-15-29, Mississippi Code of 1972, is amended as follows:
97-15-29. (1) Anyone who shall put, throw, dump or leave on the roads and highways of this state, or within the limits of the rights-of-way of such roads and highways, or upon any private property, any cigarette or cigar stubs, or any other thing or substance likely to ignite the grass or underbrush on a road or highway, in addition to being civilly liable for all damages caused by such act shall, upon conviction, be guilty of a misdemeanor and punished as provided by subsection (3) of this section.
(2) The Department of Transportation is authorized to erect warning signs along the roads and highways of this state advising the public of the existence of this section and of the penalty for the violation thereof and is further authorized to install receptacles at reasonable intervals along the roads and highways of this state to be used as containers for trash and rubbish and for the convenience of the public using such roads and highways.
(3) Any person found guilty
of the violation of this section shall, upon conviction for a first offense,
be fined not less than * * * Two Hundred Fifty Dollars
($250.00) nor more than One Thousand Dollars ($1,000.00), and for a second or
subsequent offense, be fined not less than Five Hundred Dollars ($500.00) nor
more than Two Thousand Dollars ($2,000.00). The proceeds of such fines
shall be expended by the collecting jurisdiction solely for the purpose of * * * paying
or supplementing the salary of a litter control officer or officers for the
jurisdiction.
(4) As a part of the fine imposed by subsection (3) above, a person convicted for an offense upon which fines are imposed by this section may be required to perform the following, and a person convicted for a second or subsequent offense upon which fines are imposed by this section shall be required to:
(a) Remove or render harmless, in accordance with written direction, as appropriate, from the Department of Environmental Quality or local law enforcement authorities, the unlawfully discarded solid waste;
(b) Repair or restore property damaged by, or pay damages for any damage arising out of the unlawfully discarded solid waste;
(c) Perform community public service relating to the removal of any unlawfully discarded solid waste or to the restoration of any area polluted by unlawfully discarded solid waste; and
(d) Pay all reasonable investigative and prosecutorial expenses and costs to the investigative and/or prosecutorial agency or agencies.
* * *
( * * *5) When any litter is thrown or
discarded from a motor vehicle, the operator of the motor vehicle shall be
deemed in violation of this section.
( * * *6) There shall be imposed and
collected an assessment of Fifty Dollars ($50.00) on each violation of this
section. The assessment shall be deposited into the Law Enforcement Officers
Monument Fund created in Section 39-5-71. After the monument is constructed,
the assessment shall not be deposited into the fund. The assessment shall then
be deposited with the Postsecondary Education Financial Assistance Board to be
used for the scholarship program for children of deceased or disabled law
enforcement officers and firemen as provided by Section 37-106-39.
( * * *7) It shall be the duty of all law
enforcement officers to enforce the provisions of this section.
( * * *8) This section shall not prohibit the
storage of ties and machinery by a railroad on its right-of-way where the
highway right-of-way extends to within a few feet of the railroad roadbed.
SECTION 3. Section 97-15-31, Mississippi Code of 1972, is amended as follows:
97-15-31. It shall be
unlawful for any person, or corporation acting through any employee or agent,
to knowingly or * * *
willfully or carelessly place glass, nails, tacks, or other objects
which may damage the property of another, in any public street, highway, alley-way,
or sidewalk. If said person or corporation shall not immediately gather up and
remove same, he or it shall be guilty of a misdemeanor, and upon conviction
shall be fined not less than * * * Two Hundred Fifty Dollars
($250.00) nor more than * * * One Thousand Dollars ($1,000.00)
for each offense, and in addition shall be liable to any person injured
thereby, or injury to his property, for two (2) times the amount of
actual damage sustained.
SECTION 4. Section 97-27-9, Mississippi Code of 1972, is amended as follows:
97-27-9. (1) Whoever shall bring, put, throw, dump or leave on any established beach any cans, bottles, jars, glassware or broken glass, or any debris of any kind that might cause injury to barefoot persons using the beach, shall be guilty of a misdemeanor and punished as provided for in subsection (3) of this section.
(2) For the purposes of this section, "established beach" shall include any sand beach, natural or man-made, along any natural coastline or inland lake within the State of Mississippi designated or used for public recreational purposes.
(3) Any person who shall be
found guilty of the violation of this section shall, upon conviction, be fined
in a sum not * * * less than Two Hundred Fifty Dollars
($250.00) nor more than One Thousand Dollars ($1,000.00) for each offense.
SECTION 5. This act shall take effect and be in force from and after July 1, 2016.
