Arizona 2022 Regular Session

Arizona Senate Bill SB1126 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: littering; arson related fines; use State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022 SB 1126 Introduced by Senator Rogers AN ACT amending section 13-1603, Arizona Revised Statutes; amending title 13, chapter 17, Arizona Revised Statutes, by adding section 13-1710; Amending section 37-1306, Arizona Revised Statutes; relating to criminal fines. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: littering; arson related fines; use
10	10	State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
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14	14	REFERENCE TITLE: littering; arson related fines; use
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52	52	AN ACT
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56	56	amending section 13-1603, Arizona Revised Statutes; amending title 13, chapter 17, Arizona Revised Statutes, by adding section 13-1710; Amending section 37-1306, Arizona Revised Statutes; relating to criminal fines.
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64	64	Be it enacted by the Legislature of the State of Arizona: Section 1. Section 13-1603, Arizona Revised Statutes, is amended to read: START_STATUTE13-1603. Criminal littering or polluting; classification A. A person commits criminal littering or polluting if the person without lawful authority does any of the following: 1. Throws, places, drops or permits to be dropped on public property or property of another that is not a lawful dump any litter, or destructive or injurious material that the person does not immediately remove. A separate violation of this paragraph occurs on each day or part of a day that the person does not remove the litter or material. 2. Discharges or permits to be discharged any sewage, oil products or other harmful substances into any waters or onto any shorelines within this state. 3. Dumps any earth, soil, stones, ores or minerals on any land. B. Criminal littering or polluting is punishable as follows: 1. A class 6 felony if the act is a knowing violation of subsection A of this section in which the amount of litter or other prohibited material or substance exceeds three hundred pounds in weight or one hundred cubic feet in volume or is done in any quantity for a commercial purpose. 2. A class 1 misdemeanor if the act is a knowing violation of subsection A, paragraph 1 of this section in which the amount of litter or prohibited material or substance is more than one hundred pounds in weight but less than three hundred pounds in weight or more than thirty-five cubic feet in volume but less than one hundred cubic feet in volume and is not done for a commercial purpose. 3. A class 1 misdemeanor if the act is not punishable under paragraph 1 of this subsection and involves placing any destructive or injurious material on or within fifty feet of a highway, beach or shoreline of any body of water used by the public. 4. A class 2 misdemeanor if the act is not punishable under paragraph 1, 2 or 3 of this subsection. C. If a fine is assessed for a violation of subsection A, paragraph 1 or 2, IN addition to any other penalty, the court shall impose a fine of at least $250 for each violation of this section. One hundred per cent percent of any assessed fine shall be deposited in the general fund of the county in which the fine was assessed. At least fifty per cent percent of the fine shall be used by the county for the purposes of illegal dumping cleanup. END_STATUTE Sec. 2. Title 13, chapter 17, Arizona Revised Statutes, is amended by adding section 13-1710, to read: START_STATUTE13-1710. Disposition of fines; counties; fire restoration and rehabilitation A. If a fine is assessed for a violation of Section 13-1702, 13-1703, 13-1704, 13-1706, 13-1707 or 13-1708, one hundred percent of any assessed fine shall be deposited in the general fund of the county in which the fine was assessed. At least fifty percent of the fine shall be used by the county for fire restoration and rehabilitation costs. B. If a fine is assessed for a violation of section 13-1705, one hundred percent of the fine shall be transferred to the county treasurer. The county treasurer shall transfer one hundred percent of the fine to the state treasurer who shall deposit the monies in the cooperative forestry fund established by section 37-1306. the state forester, in consultation with the state department of corrections, shall use the monies for fire restoration and rehabilitation costs in this state. END_STATUTE Sec. 3. Section 37-1306, Arizona Revised Statutes, is amended to read: START_STATUTE37-1306. Cooperative forestry fund; purpose; uses; exemption A. The cooperative forestry fund is established. The state forester shall administer the fund. B. Except as otherwise provided in this chapter, the state forester shall deposit, pursuant to sections 35-146 and 35-147, in this fund all monies appropriated to this fund and monies received from individuals, businesses, any public agency as defined in section 11-951, and any other sources. C. Appropriations, grants, gifts and contributions for hazardous vegetation removal received from any public or private source must be used for hazardous vegetation removal pursuant to section 37-483. D. Monies deposited pursuant to an intergovernmental agreement or a memorandum of understanding entered into pursuant to section 37-483 must be used for the purposes outlined in the agreement or memorandum. E. The state forester, in consultation with the state department of corrections, shall use monies in the fund deposited pursuant to section 13-1710 for fire restoration and rehabilitation costs in this state. E. F. Monies in the fund are continuously appropriated for the purpose of conducting the activities of the state forester. F. G. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. END_STATUTE
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66	66	Be it enacted by the Legislature of the State of Arizona:
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68	68	Section 1. Section 13-1603, Arizona Revised Statutes, is amended to read:
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70	70	START_STATUTE13-1603. Criminal littering or polluting; classification
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72	72	A. A person commits criminal littering or polluting if the person without lawful authority does any of the following:
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74	74	1. Throws, places, drops or permits to be dropped on public property or property of another that is not a lawful dump any litter, or destructive or injurious material that the person does not immediately remove. A separate violation of this paragraph occurs on each day or part of a day that the person does not remove the litter or material.
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76	76	2. Discharges or permits to be discharged any sewage, oil products or other harmful substances into any waters or onto any shorelines within this state.
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78	78	3. Dumps any earth, soil, stones, ores or minerals on any land.
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80	80	B. Criminal littering or polluting is punishable as follows:
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82	82	1. A class 6 felony if the act is a knowing violation of subsection A of this section in which the amount of litter or other prohibited material or substance exceeds three hundred pounds in weight or one hundred cubic feet in volume or is done in any quantity for a commercial purpose.
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84	84	2. A class 1 misdemeanor if the act is a knowing violation of subsection A, paragraph 1 of this section in which the amount of litter or prohibited material or substance is more than one hundred pounds in weight but less than three hundred pounds in weight or more than thirty-five cubic feet in volume but less than one hundred cubic feet in volume and is not done for a commercial purpose.
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86	86	3. A class 1 misdemeanor if the act is not punishable under paragraph 1 of this subsection and involves placing any destructive or injurious material on or within fifty feet of a highway, beach or shoreline of any body of water used by the public.
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88	88	4. A class 2 misdemeanor if the act is not punishable under paragraph 1, 2 or 3 of this subsection.
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90	90	C. If a fine is assessed for a violation of subsection A, paragraph 1 or 2, IN addition to any other penalty, the court shall impose a fine of at least $250 for each violation of this section. One hundred per cent percent of any assessed fine shall be deposited in the general fund of the county in which the fine was assessed. At least fifty per cent percent of the fine shall be used by the county for the purposes of illegal dumping cleanup. END_STATUTE
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92	92	Sec. 2. Title 13, chapter 17, Arizona Revised Statutes, is amended by adding section 13-1710, to read:
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94	94	START_STATUTE13-1710. Disposition of fines; counties; fire restoration and rehabilitation
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96	96	A. If a fine is assessed for a violation of Section 13-1702, 13-1703, 13-1704, 13-1706, 13-1707 or 13-1708, one hundred percent of any assessed fine shall be deposited in the general fund of the county in which the fine was assessed. At least fifty percent of the fine shall be used by the county for fire restoration and rehabilitation costs.
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98	98	B. If a fine is assessed for a violation of section 13-1705, one hundred percent of the fine shall be transferred to the county treasurer. The county treasurer shall transfer one hundred percent of the fine to the state treasurer who shall deposit the monies in the cooperative forestry fund established by section 37-1306. the state forester, in consultation with the state department of corrections, shall use the monies for fire restoration and rehabilitation costs in this state. END_STATUTE
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100	100	Sec. 3. Section 37-1306, Arizona Revised Statutes, is amended to read:
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102	102	START_STATUTE37-1306. Cooperative forestry fund; purpose; uses; exemption
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104	104	A. The cooperative forestry fund is established. The state forester shall administer the fund.
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106	106	B. Except as otherwise provided in this chapter, the state forester shall deposit, pursuant to sections 35-146 and 35-147, in this fund all monies appropriated to this fund and monies received from individuals, businesses, any public agency as defined in section 11-951, and any other sources.
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108	108	C. Appropriations, grants, gifts and contributions for hazardous vegetation removal received from any public or private source must be used for hazardous vegetation removal pursuant to section 37-483.
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110	110	D. Monies deposited pursuant to an intergovernmental agreement or a memorandum of understanding entered into pursuant to section 37-483 must be used for the purposes outlined in the agreement or memorandum.
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112	112	E. The state forester, in consultation with the state department of corrections, shall use monies in the fund deposited pursuant to section 13-1710 for fire restoration and rehabilitation costs in this state.
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114	114	E. F. Monies in the fund are continuously appropriated for the purpose of conducting the activities of the state forester.
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116	116	F. G. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. END_STATUTE