2023 -- S 0199

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LC001278

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS -- LITTER CONTROL AND

RECYCLING

     Introduced By: Senators Raptakis, Tikoian, Paolino, Sosnowski, F. Lombardi, DiPalma,
Burke, Britto, E Morgan, and Quezada

     Date Introduced: February 16, 2023

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 37-15-7 of the General Laws in Chapter 37-15 entitled "Litter Control

and Recycling" is hereby amended to read as follows:

     37-15-7. Penalties.

     (a) Any person convicted of a first violation of this chapter shall, except where a penalty is

specifically set forth, be subject to a fine of not less than eighty-five dollars ($85.00) one hundred

dollars ($100), nor more than one thousand dollars ($1,000). In addition to, or in lieu of, the fine

imposed hereunder, the person so convicted may be ordered to pick up litter for not less than two

(2), nor more than twenty-five (25), hours.

     (b) Any person convicted of a second or subsequent violation of this chapter shall, except

where a penalty is specifically set forth, be subject to a fine of not less than three hundred dollars

($300), nor more than five thousand dollars ($5,000). In addition to, or in lieu of, the fine imposed

upon a second or subsequent violation of this chapter, the person so convicted may be ordered to

pick up litter for not less than four (4), nor more than fifty (50), hours.

     (c) Jurisdiction to punish violators of the provisions of this chapter is conferred on the

traffic tribunal.

     (d) Any person convicted of a violation of this chapter shall, in addition to all other

penalties, be liable for the removal of all litter or ordered to pay restitution for the cost of removal

of all litter illegally disposed of by that person. The traffic tribunal may hold the registration of any

vehicle owned by the violator and used in the act of littering until the aforementioned liability is

satisfied.

     (e) The funds received by a state law enforcement agency shall be deposited as general

revenues; provided, however, that thirty percent (30%) of any fine collected pursuant to a complaint

filed by a local law enforcement agency shall inure to the benefit of that agency, with remittances

to be made not less often than once every three (3) months.

     (f) Penalties of eighty-five dollars ($85.00) one hundred dollars ($100) for violations of

this section may be disposed of without the necessity of personally appearing before the traffic

tribunal. Said penalty may be handled administratively by mailing a check or money order, together

with the properly executed form provided, to the appropriate address as set forth in the summons

issued by the enforcing agent.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS -- LITTER CONTROL AND

RECYCLING

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     This act would change the fine for any person convicted of a first violation of this chapter

from eighty-five dollars ($85.00) to one hundred dollars ($100).

     This act would take effect upon passage.

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LC001278

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