HLS 17RS-58 ORIGINAL
2017 Regular Session
HOUSE BILL NO. 77
BY REPRESENTATIVE BERTHELOT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ENVIRONMENT/LITTERING: Provides with respect to penalties for the offense of
littering
1 AN ACT
2To amend and reenact R.S. 30:2531(A)(2)(b) and (B)(2)(b) and 2531.1(D)(1), relative to
3 littering; to provide for criminal and civil penalties; to provide for community
4 service; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 30:2531(A)(2)(b) and (B)(2)(b) and 2531.1(D)(1) are hereby
7amended and reenacted to read as follows:
8 §2531. Intentional littering prohibited; criminal penalties; simple littering
9 prohibited; civil penalties; special court costs
10 A.
11 * * *
12 (2) Whoever violates the provisions of this Subsection shall:
13 * * *
14 (b) Upon second conviction, be fined one thousand nine hundred dollars and
15 sentenced to serve sixteen twenty hours of community service in a litter abatement
16 work program as approved by the court.
17 * * *
18 B.
19 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-58 ORIGINAL
HB NO. 77
1 (2) Persons found liable under the provisions of this Subsection shall be
2 assessed the following civil penalties and costs:
3 * * *
4 (b) For a second and each subsequent violation, such person shall either be
5 fined one thousand nine hundred dollars or be given the option to perform sixteen
6 twenty hours of community service in a litter abatement work program in lieu of the
7 one thousand nine hundred dollar fine.
8 * * *
9 §2531.1. Gross littering prohibited; criminal penalties; indemnification
10 * * *
11 D.(1) Whoever violates the provisions of this Section shall, upon first
12 conviction, be fined not less than one thousand dollars nor more than two thousand
13 nine hundred dollars and sentenced to serve eight sixteen hours of community
14 service in a litter abatement work program as approved by the court.
15 * * *
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 77 Original 2017 Regular Session Berthelot
Abstract: Increases the community service for certain littering offenses and decreases fines
for those same offenses.
Present law creates and defines four types of littering as follows:
(1)Intentional littering prohibits intentional disposal of litter on public or private
property or the waters of the state. Violations impose criminal penalties.
(2)Simple littering prohibits the disposal of litter and allowing the disposal of litter on
public or private property or on waters of the state. Violations impose civil
penalties.
(3)Gross littering prohibits the intentional disposal of large items of litter such as
furniture, appliances, auto parts, tires, equipment, building materials, roofing nails,
or bags or boxes of household or office garbage on public or private property or on
waters of the state.
(4)Commercial littering prohibits the disposal of litter from industrial, commercial,
mining, or agricultural operations on public or private property or waters of the state.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-58 ORIGINAL
HB NO. 77
Proposed law changes fines for intentional, simple, and gross littering violations as follows:
1st Offense 2nd Offense 3rd and
Subsequent
Present Intentional Littering $500 $1,000 $2,500
Proposed Intentional Littering $500 $900* $2,500
Present Simple Littering $150 $1,000 (and Sub.) N/A
Proposed Simple Littering $150 $900 (and Sub.)* N/A
Present Gross Littering $1,000 -
$2,000
$2,000 - $5,000$3,000 - 10,000
Proposed Gross Littering $900* $2,000 - $5,000$3,000 - 10,000
* Indicates change in fine.
Present law provides for nonpecuniary penalties for litter violations in the form of
community service in a litter abatement program. In the case of a third and subsequent
violation of intentional and gross littering, nonpecuniary penalties include suspension of
driver's licenses and for gross litter, up to 30 days imprisonment.
Proposed law changes community service for intentional, simple, and gross littering
violations as follows:
1st Offense 2nd Offense 3rd and
Subsequent
Prior Intentional Littering 8 hrs 16 hrs 80 hrs
New Intentional Littering 8 hrs 20 hrs* 80 hrs
Prior Simple Littering 8 hrs 16 hrs N/A
New Simple Littering 8 hrs 20 hrs* N/A
Prior Gross Littering 8 hrs 24 hrs 48 hrs
New Gross Littering 16 hrs* 24 hrs 48 hrs
* Indicates change in time.
(Amends R.S. 30:2531(A)(2)(b) and (B)(2)(b) and 2531.1(D)(1))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.