Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1084 Compare Versions

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22 SENATE DOCKET, NO. 307 FILED ON: 1/12/2023
33 SENATE . . . . . . . . . . . . . . No. 1084
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Patrick M. O'Connor
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to preventing ocean littering.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Patrick M. O'ConnorFirst Plymouth and Norfolk 1 of 2
1616 SENATE DOCKET, NO. 307 FILED ON: 1/12/2023
1717 SENATE . . . . . . . . . . . . . . No. 1084
1818 By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1084) of Patrick M. O'Connor for
1919 legislation relative to preventing ocean littering. The Judiciary.
2020 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2121 SEE SENATE, NO. 1121 OF 2021-2022.]
2222 The Commonwealth of Massachusetts
2323 _______________
2424 In the One Hundred and Ninety-Third General Court
2525 (2023-2024)
2626 _______________
2727 An Act relative to preventing ocean littering.
2828 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2929 of the same, as follows:
3030 1 Section 16 of Chapter 270 of the General Laws, as so appearing, is hereby amended by
3131 2striking the section in its entirety and replacing it with the following:-
3232 3 “Section 16. Whoever places, throws, deposits or discharges or whoever causes to be
3333 4placed, thrown, deposited or discharged, trash, bottles or cans, refuse, rubbish, garbage, debris,
3434 5scrap, waste or other material of any kind on a public highway or within 20 yards of a public
3535 6highway, or on any other public land, or on property of another, or on lands dedicated for open
3636 7space purposes, including lands subject to conservation restrictions and agricultural preservation
3737 8restrictions as defined in chapter 184, shall be punished by a fine of not more than $5,500 for the
3838 9first offense and a fine not to exceed $15,000 for each subsequent offense; provided, however,
3939 10that 50 per cent of the fine imposed shall be deposited in the conservation trust established in 2 of 2
4040 11section 1 of chapter 132A and the court may also require that the violator remove, at his own
4141 12expense, the trash, refuse, rubbish, debris or materials. The permission of the owner of land to
4242 13place, throw, deposit or discharge trash, refuse, rubbish, garbage, debris, scrap, waste or other
4343 14material on the owner's land shall constitute a defense in any trial for such offense.
4444 15 Whoever places, throws, deposits or discharges or whoever causes to be placed, thrown,
4545 16deposited or discharged, trash, bottles or cans, refuse, rubbish, garbage, debris, scrap, waste or
4646 17other material of any kind upon coastal or inland waters, as defined in section 1 of chapter 131,
4747 18or within 20 yards of such waters shall be punished by a fine of not more than $6,800 for the first
4848 19offense and a fine not to exceed $18,750 for each subsequent offense; provided, however, that 50
4949 20per cent of the fine imposed shall be deposited in the conservation trust established in section 1
5050 21of chapter 132A and the court may also require that the violator remove, at his own expense, the
5151 22trash, refuse, rubbish, debris or materials.”