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.
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))