13:1E-99.3 LEGISLATIVE HISTORY CHECKLIST Compiled by the NJ State Law Library LAWS OF: 2001 CHAPTER: 78 NJSA: 13:1E-99.3 (Increases penalties for littering) BILL NO: S1709 (Substituted for A3226) SPONSOR(S): Kyrillos and McNamara DATE INTRODUCED: October 19, 2000 COMMITTEE: ASSEMBLY: Solid and Hazardous Waste SENATE: Environment AMENDED DURING PASSAGE: No DATE OF PASSAGE: ASSEMBLY: March 26, 2001 SENATE: December 18, 2000 DATE OF APPROVAL: May 4, 2001 FOLLOWING ARE ATTACHED IF AVAILABLE: FINAL TEXT OF BILL (original bill enacted) S1709 SPONSORS STATEMENT: (Begins on page 3 of original bill) Yes COMMITTEE STATEMENT: ASSEMBLY: Yes SENATE: Yes FLOOR AMENDMENT STATEMENTS: No LEGISLATIVE FISCAL ESTIMATE: No A3326 SPONSORS STATEMENT: (Begins on page 3 of original bill) Yes Bill and Sponsors Statement identical to S1709 COMMITTEE STATEMENT: ASSEMBLY: No SENATE: No FLOOR AMENDMENT STATEMENTS: No LEGISLATIVE FISCAL ESTIMATE: No VETO MESSAGE: No GOVERNOR’S PRESS RELEASE ON SIGNING: Yes FOLLOWING WERE PRINTED: To check for circulating copies, contact New Jersey State Government Publications at the State Library (609) 278-2640 ext.103 or mailto:refdesk@njstatelib.org REPORTS: No HEARINGS: No NEWSPAPER ARTICLES: Yes “Litter laws get tougher,” 5-5-2001 Asbury Park Press, p.A1 SENATE, No. 1709 STATE OF NEW JERSEY 209th LEGISLATURE INTRODUCED OCTOBER 19, 2000 Sponsored by: Senator JOSEPH M. KYRILLOS, JR. District 13 (Middlesex and Monmouth) Senator HENRY P. MCNAMARA District 40 (Bergen and Passaic) Co-Sponsored by: Senators Connors, Singer, Bark, Bucco, Allen, Assemblymen Azzolina and Thompson SYNOPSIS Increases penalties for littering. CURRENT VERSION OF TEXT As introduced. (Sponsorship Updated As Of: 3/27/2001) S1709 KYRILLOS, MCNAMARA 2 1 AN ACT concerning penalties for littering and amending P.L.1985, 2 c.533. 3 4 BE IT ENACTED by the Senate and General Assembly of the State 5 of New Jersey: 6 7 1. Section 8 of P.L.1985, c.533 (C.13:1E-99.3) is amended to read 8 as follows: 9 8. a. A person who throws, drops, discards or otherwise places 10 any litter of any nature upon public or private property other than in 11 a litter receptacle commits a petty disorderly persons offense , and 12 notwithstanding the provisions of N.J.S.2C:43-3 to the contrary, 13 for every such offense shall be fined not less than $100 or more than 14 $500. The Superior Court and every municipal court shall have 15 jurisdiction to enforce this section. The State or any municipality may 16 institute proceedings under this section. If a money judgment is 17 rendered against a defendant, the payment made to the court shall be 18 remitted to the chief financial officer of the municipality wherein the 19 violation occurred, to be used by the municipality to help finance litter 20 control activities in addition to or supplementing existing litter pickup 21 and removal activities in the municipality. 22 b. If a person violates subsection a. of this section the court, in 23 addition to any penalty imposed under that subsection, may direct the 24 person to perform community service, including litter pickup and 25 removal from any public property, or any private property with 26 permission of the owner, upon which the person deposited litter, for 27 a term of not less than 20 hours nor more than 40 hours. 28 c. A person who is convicted of an offense under subsection a. of 29 this section within [one year of] six months after the date of a 30 previous conviction thereunder shall be sentenced to pay a fine not less 31 than $250 or more than $1,000, may be sentenced to imprisonment for 32 a definite term not to exceed 60 days, [may in addition be sentenced 33 to pay a fine not to exceed $1,000] and may be directed to perform 34 community service, including litter pickup and removal from any 35 public property or from any private property if permission of the 36 owner has been granted, for a term of not less than 40 nor more than 37 80 hours. 38 (cf: P.L.1989, c.108, s.3) 39 40 2. This act shall take effect on the first day of the third month 41 following enactment. EXPLANATION - Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted in the law. Matter underlined thus is new matter. S1709 KYRILLOS, MCNAMARA 3 1 STATEMENT 2 3 This bill increases the penalties for littering by establishing a 4 minimum penalty of $100 for the offense of littering. Current law 5 provides that littering is a petty disorderly persons offense but does 6 not establish a minimum penalty. In addition, current law provides for 7 the possibility of additional penalties for a second conviction within 8 one year of the first conviction. This bill establishes a minimum fine 9 of $250 for any person convicted of littering within six months after 10 a previous conviction for littering. SENATE ENVIRONMENT COMMITTEE STATEMENT TO SENATE, No. 1709 STATE OF NEW JERSEY DATED: NOVEMBER 12, 2000 The Senate Environment Committee reports favorably Senate Bill No. 1709. This bill increases the penalties for littering by establishing a minimum penalty of $100 for the offense of littering. Current law provides that littering is a petty disorderly persons offense but does not establish a minimum penalty. In addition, current law provides for the possibility of additional penalties for a second conviction within one year of the first conviction. This bill establishes a minimum fine of $250 for any person convicted of littering within six months after a previous conviction for littering. ASSEMBLY SOLID AND HAZARDOUS WASTE COMMITTEE STATEMENT TO SENATE, No. 1709 STATE OF NEW JERSEY DATED: JANUARY 23, 2001 The Assembly Solid and Hazardous Waste Committee reports favorably Senate Bill No. 1709. This bill increases the penalties for littering by establishing a minimum penalty of $100 for the offense of littering. Current law provides that littering is a petty disorderly persons offense but does not establish a minimum penalty. In addition, current law provides for the possibility of additional penalties for a second conviction within one year of the first conviction. This bill establishes a minimum fine of $250 for any person convicted of littering within six months after a previous conviction for littering. ASSEMBLY, No. 3226 STATE OF NEW JERSEY 209th LEGISLATURE INTRODUCED FEBRUARY 5, 2001 Sponsored by: Assemblyman JOSEPH AZZOLINA District 13 (Middlesex and Monmouth) Assemblyman SAMUEL D. THOMPSON District 13 (Middlesex and Monmouth) SYNOPSIS Increases penalties for littering. CURRENT VERSION OF TEXT As introduced. A3226 AZZOLINA, THOMPSON 2 1 AN ACT concerning penalties for littering and amending P.L.1985, 2 c.533. 3 4 BE IT ENACTED by the Senate and General Assembly of the State 5 of New Jersey: 6 7 1. Section 8 of P.L.1985, c.533 (C.13:1E-99.3) is amended to read 8 as follows: 9 8. a. A person who throws, drops, discards or otherwise places 10 any litter of any nature upon public or private property other than in 11 a litter receptacle commits a petty disorderly persons offense, and 12 notwithstanding the provisions of N.J.S.2C:43-3 to the contrary, for 13 every such offense shall be fined not less than $100 or more than $500. 14 The Superior Court and every municipal court shall have jurisdiction 15 to enforce this section. The State or any municipality may institute 16 proceedings under this section. If a money judgment is rendered 17 against a defendant, the payment made to the court shall be remitted 18 to the chief financial officer of the municipality wherein the violation 19 occurred, to be used by the municipality to help finance litter control 20 activities in addition to or supplementing existing litter pickup and 21 removal activities in the municipality. 22 b. If a person violates subsection a. of this section the court, in 23 addition to any penalty imposed under that subsection, may direct the 24 person to perform community service, including litter pickup and 25 removal from any public property, or any private property with 26 permission of the owner, upon which the person deposited litter, for 27 a term of not less than 20 hours nor more than 40 hours. 28 c. A person who is convicted of an offense under subsection a. of 29 this section within [one year of] six months after the date of a 30 previous conviction thereunder shall be sentenced to pay a fine not less 31 than $250 or more than $1,000, may be sentenced to imprisonment for 32 a definite term not to exceed 60 days, [may in addition be sentenced 33 to pay a fine not to exceed $1,000] and may be directed to perform 34 community service, including litter pickup and removal from any 35 public property or from any private property if permission of the 36 owner has been granted, for a term of not less than 40 nor more than 37 80 hours. 38 (cf: P.L.1989, c.108, s.3) 39 40 2. This act shall take effect on the first day of the third month 41 following enactment. EXPLANATION - Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and intended to be omitted in the law. Matter underlined thus is new matter. A3226 AZZOLINA, THOMPSON 3 1 STATEMENT 2 3 This bill increases the penalties for littering by establishing a 4 minimum penalty of $100 for the offense of littering. Current law 5 provides that littering is a petty disorderly persons offense but does 6 not establish a minimum penalty. In addition, current law provides for 7 the possibility of additional penalties for a second conviction within 8 one year of the first conviction. This bill establishes a minimum fine 9 of $250 for any person convicted of littering within six months after 10 a previous conviction for littering. §2 - Note P.L. 2001, CHAPTER 78, approved May 4, 2001 Senate, No. 1709 1 AN ACT concerning penalties for littering and amending P.L.1985, 2 c.533. 3 4 BE IT ENACTED by the Senate and General Assembly of the State 5 of New Jersey: 6 7 1. Section 8 of P.L.1985, c.533 (C.13:1E-99.3) is amended to read 8 as follows: 9 8. a. A person who throws, drops, discards or otherwise places 10 any litter of any nature upon public or private property other than in 11 a litter receptacle commits a petty disorderly persons offense , and 12 notwithstanding the provisions of N.J.S.2C:43-3 to the contrary, 13 for every such offense shall be fined not less than $100 or more than 14 $500. The Superior Court and every municipal court shall have 15 jurisdiction to enforce this section. The State or any municipality may 16 institute proceedings under this section. If a money judgment is 17 rendered against a defendant, the payment made to the court shall be 18 remitted to the chief financial officer of the municipality wherein the 19 violation occurred, to be used by the municipality to help finance litter 20 control activities in addition to or supplementing existing litter pickup 21 and removal activities in the municipality. 22 b. If a person violates subsection a. of this section the court, in 23 addition to any penalty imposed under that subsection, may direct the 24 person to perform community service, including litter pickup and 25 removal from any public property, or any private property with 26 permission of the owner, upon which the person deposited litter, for 27 a term of not less than 20 hours nor more than 40 hours. 28 c. A person who is convicted of an offense under subsection a. of 29 this section within [one year of] six months after the date of a 30 previous conviction thereunder shall be sentenced to pay a fine not less 31 than $250 or more than $1,000, may be sentenced to imprisonment for 32 a definite term not to exceed 60 days, [may in addition be sentenced 33 to pay a fine not to exceed $1,000] and may be directed to perform 34 community service, including litter pickup and removal from any 35 public property or from any private property if permission of the 36 owner has been granted, for a term of not less than 40 nor more than 37 80 hours. 38 (cf: P.L.1989, c.108, s.3) 39 40 2. This act shall take effect on the first day of the third month 41 following enactment. EXPLANATION - Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted in the law. Matter underlined thus is new matter. S1709 2 1 STATEMENT 2 3 This bill increases the penalties for littering by establishing a 4 minimum penalty of $100 for the offense of littering. Current law 5 provides that littering is a petty disorderly persons offense but does 6 not establish a minimum penalty. In addition, current law provides for 7 the possibility of additional penalties for a second conviction within 8 one year of the first conviction. This bill establishes a minimum fine 9 of $250 for any person convicted of littering within six months after 10 a previous conviction for littering. 11 12 13 14 15 Increases penalties for littering. CHAPTER 78 AN ACT concerning penalties for littering and amending P.L.1985, c.533. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. Section 8 of P.L.1985, c.533 (C.13:1E-99.3) is amended to read as follows: C.13:1E-99.3 Penalties for littering. 8. a. A person who throws, drops, discards or otherwise places any litter of any nature upon public or private property other than in a litter receptacle commits a petty disorderly persons offense, and notwithstanding the provisions of N.J.S.2C:43-3 to the contrary, for every such offense shall be fined not less than $100 or more than $500. The Superior Court and every municipal court shall have jurisdiction to enforce this section. The State or any municipality may institute proceedings under this section. If a money judgment is rendered against a defendant, the payment made to the court shall be remitted to the chief financial officer of the municipality wherein the violation occurred, to be used by the municipality to help finance litter control activities in addition to or supplementing existing litter pickup and removal activities in the municipality. b. If a person violates subsection a. of this section the court, in addition to any penalty imposed under that subsection, may direct the person to perform community service, including litter pickup and removal from any public property, or any private property with permission of the owner, upon which the person deposited litter, for a term of not less than 20 hours nor more than 40 hours. c. A person who is convicted of an offense under subsection a. of this section within six months after the date of a previous conviction thereunder shall be sentenced to pay a fine not less than $250 or more than $1,000, may be sentenced to imprisonment for a definite term not to exceed 60 days, and may be directed to perform community service, including litter pickup and removal from any public property or from any private property if permission of the owner has been granted, for a term of not less than 40 nor more than 80 hours. 2. This act shall take effect on the first day of the third month following enactment. Approved May 4, 2001. PO BOX 004 TRENTON, NJ 08625 Office of the Governor CONTACT: Rae Hutton NEWS RELEASE 609-777-2600 RELEASE: May 4 , 2001 Acting Governor Donald T. DiFrancesco signed the following legislation today: S-2026, sponsored by Senators William Gormley (R-Atlantic) and John Matheussen (R-Camden/ Gloucester) transfers the Bureau of Parole in the Department of Corrections to the State Parole Board thus consolidating the Bureau of Parole and the State Parole Board under one direct authority. A-2083, sponsored by Senators Diane Allen (R-Burlington/Camden) and Robert Littell (R- Sussex/Hunterdon/Morris) and Assembly members Joseph Azzolina (R-Middlesex/Monmouth) and Charlotte Vandervalk (R-Bergen) establishes a statewide Sexual Assault Nurse Examiner program (SSANE) in the Office of the Attorney General. The SSANE program is aimed at ensuring more accurate collection of forensic evidence for use in prosecuting suspected rapists and creates a compassionate way to treat sexual assault victims. S-1708, sponsored by Joseph Kyrillos (R-Middlesex/Monmouth) and Henry McNamara (R- Bergen/Passaic) and Assemblymen Samuel Thompson (R-Middlesex/ Monmouth) and Joseph Azzolina (R-Middlesex/Monmouth) requires the New Jersey Department of Transportation to prepare a plan for litter pickup and removal along the highways maintained by the department. S-1709, sponsored by Senators Joseph Kyrillos (R-Middlesex/Monmouth) and Henry McNamara (R-Bergen/Passaic) and Assemblymen Joseph Azzolina (R-Middlesex/Monmouth) and Samuel Thompson (R-Middlesex/Monmouth) increases the penalties for littering by establishing a minimum penalty of $100 for the offense of littering and a minimum fine of $250 for any person convicted of littering within six months of a previous conviction for littering. S-1079, sponsored by Senator John Cafiero (R-Cape May/Atlantic/Cumberland) and Assemblymen Michael Carroll (R-Morris) and Richard Merkt (R-Morris) establishes a ten-year limitation on surveyors' liability for deficiencies in a survey. There is an exception for adverse possession cases where the statute of limitations for surveying would be the same as the time period required for the adverse possession. S-269, sponsored by Senators John Bennett (R-Monmouth) and John Lynch (D-Middlesex/ Somerset/Union) and Assemblyman Michael Carroll (R-Morris) exempts from current post- employment restrictions any partnership, firm or corporation engaged in the practice of law with which a former member of the Judiciary is associated and any partner, officer, director or employee of the partnership, firm or corporation if the former member of the Judiciary 1) is associated with the firm in an 'of counsel' position without any equity interest and 2) is screened for a period of two years subsequent to termination of the former member's employment from any personal participation in any representation, appearance for or negotiation on behalf of any holder of or applicant for, a casino license. A-2548, sponsored by Assembly members Loretta Weinberg (D-Bergen) and Ken Zisa (D-Bergen) allows municipalities to require owners of multiple dwellings comprised of more than 20 dwelling units to prepare an emergency evacuation plan. The plan must be prepared in coordination with local fire and emergency response agencies. A-2793, sponsored by Senators William Schluter (R-Warren/Hunterdon/Mercer) and Joseph Littell (R-Sussex/Hunterdon/Morris) and Assemblyman Leonard Lance (R-Warren/Hunterdon/Mercer) requires the release of water from the Spruce Run and Round Valley reservoirs into the south branch of the Raritan River for the purpose of supporting recreational water use. Additionally, there is an appropriation for $350,000 that creates a non-lapsing fund to defray the expense in releasing water from the Round Valley reservoir incurred by the New Jersey Water Supply Authority. A-3039, sponsored by Senator Robert Singer (R-Burlington/Monmouth/Ocean) and Assemblymen Jeffrey Moran (R-Atlantic/Burlington/Ocean) and Anthony Impreveduto (D-Bergen/Hudson) allows any mortician who holds a license or certification from another state to become licensed in New Jersey through endorsement provided he has met education and experience requirements substantially equivalent to the requirements of current New Jersey law.