1 of 1 SENATE DOCKET, NO. 307 FILED ON: 1/12/2023 SENATE . . . . . . . . . . . . . . No. 1084 The Commonwealth of Massachusetts _________________ PRESENTED BY: Patrick M. O'Connor _________________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act relative to preventing ocean littering. _______________ PETITION OF: NAME:DISTRICT/ADDRESS :Patrick M. O'ConnorFirst Plymouth and Norfolk 1 of 2 SENATE DOCKET, NO. 307 FILED ON: 1/12/2023 SENATE . . . . . . . . . . . . . . No. 1084 By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1084) of Patrick M. O'Connor for legislation relative to preventing ocean littering. The Judiciary. [SIMILAR MATTER FILED IN PREVIOUS SESSION SEE SENATE, NO. 1121 OF 2021-2022.] The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Third General Court (2023-2024) _______________ An Act relative to preventing ocean littering. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 Section 16 of Chapter 270 of the General Laws, as so appearing, is hereby amended by 2striking the section in its entirety and replacing it with the following:- 3 “Section 16. Whoever places, throws, deposits or discharges or whoever causes to be 4placed, thrown, deposited or discharged, trash, bottles or cans, refuse, rubbish, garbage, debris, 5scrap, waste or other material of any kind on a public highway or within 20 yards of a public 6highway, or on any other public land, or on property of another, or on lands dedicated for open 7space purposes, including lands subject to conservation restrictions and agricultural preservation 8restrictions as defined in chapter 184, shall be punished by a fine of not more than $5,500 for the 9first offense and a fine not to exceed $15,000 for each subsequent offense; provided, however, 10that 50 per cent of the fine imposed shall be deposited in the conservation trust established in 2 of 2 11section 1 of chapter 132A and the court may also require that the violator remove, at his own 12expense, the trash, refuse, rubbish, debris or materials. The permission of the owner of land to 13place, throw, deposit or discharge trash, refuse, rubbish, garbage, debris, scrap, waste or other 14material on the owner's land shall constitute a defense in any trial for such offense. 15 Whoever places, throws, deposits or discharges or whoever causes to be placed, thrown, 16deposited or discharged, trash, bottles or cans, refuse, rubbish, garbage, debris, scrap, waste or 17other material of any kind upon coastal or inland waters, as defined in section 1 of chapter 131, 18or within 20 yards of such waters shall be punished by a fine of not more than $6,800 for the first 19offense and a fine not to exceed $18,750 for each subsequent offense; provided, however, that 50 20per cent of the fine imposed shall be deposited in the conservation trust established in section 1 21of chapter 132A and the court may also require that the violator remove, at his own expense, the 22trash, refuse, rubbish, debris or materials.”