LOOR BOOK MEMO                  HOUSE COMMITTEE ON THE JUDICIARY

Com. Sub. for H.B.4014             Prepared by: Brandon Hatfield

Phone: 3345

Email: brandon.hatfield@wvhouse.gov

(January 30, 2014)

SPONSORS: Delegates R. Phillips, Tomblin, Marcum, Ferro, White, Eldridge, Diserio, Iaquinta, Barker and Skaff

TITLE: This bill amends the definition of litter and increases the criminal penalties for littering.

DATE INTRODUCED: January 8, 2014

CODE SECTIONS AFFECTED: W.Va. Code §22-15A-2 and §22-15A-4

CHAIRMAN’S SUMMARY:

    A. EXISTING LAW: The current definition for “litter” does not include any exceptions based on whether the litter is “naturally occurring and biodegradable.” Current law provides that an individual convicted of violating the provisions of this section is “subject to” a certain fine range, depending on the amount of litter. It also provides that, at the discretion of the court, an individual convicted of violating the provisions of this section may be required to perform community service for a range of hours, in lieu of a monetary penalty. Currently, the court may use a combination of the two.

    B. COMMITTEE SUBSTITUTE: The purpose of this bill is to amend the definition of litter to include a provision that provides that vegetable, fruit and other plant material that is naturally occurring and biodegradable is not included in the definition of litter, so long as the disposed of amount does not exceed three pounds. The bill also increases the criminal penalties for littering.

I.  ANALYSIS:

    A. EXISTING LAW: The current definition for “litter” does not include any exceptions based on whether the litter is “naturally occurring and biodegradable.” Current law provides that an individual convicted of violating the provisions of this section is “subject to” a certain fine range, depending on the amount of litter. It also provides that, at the discretion of the court, an individual convicted of violating the provisions of this section may be required to perform community service for a range of hours, in lieu of a monetary penalty. Currently, the court may use a combination of the two.

    B.  THE COMMITTEE SUBSTITUTE: The bill amends the penalty in each subsection and subdivision above as follows:

    (4) The penalty for littering in an amount not exceeding one hundred pounds or twenty-seven cubic feet increases from “not less than $100 nor more than $1,000" to “not less than $250 nor more than $1,000." The community service penalty increases from “not less than eight nor more than sixteen hours” to “not less than twenty four nor more than one hundred hours.”

    (5) The penalty for littering in an amount greater than one hundred pounds or twenty-seven cubic feet, but less than five hundred pounds or two hundred sixteen cubic feet increases from “a fine of not less than $1,000 nor more than $2,000" to “shall be fined $2,000." The community service penalty increases from “not less than sixteen nor more than thirty-two hours” to “two hundred hours.” The “or both” language has been removed.

    (6) The penalty is amended from “subject to a fine” to “shall be fined” not less than $2,500 or more than $25,000 or confinement in jail for not more than one year or both.

    (C) The penalty increases from a “sum of not less than $200 nor more than $1,000" to “sum of not less than $250 nor more than $2,000."

The bill also contains some general clean up.

II. COMMENTS

    A.  CONSTITUTIONAL ISSUES: None.

    B.  GOVERNMENT AGENCIES AFFECTED: Courts

    C.  TITLE ANALYSIS: The bill’s title appears to meet constitutional requirements.

    D.  DRAFTING ISSUES OR OTHER COMMENTS: None.

    E.  EFFECTIVE DATE: 90 days from passage.