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2 | 2 | | SENATE DOCKET, NO. 307 FILED ON: 1/12/2023 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1084 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Patrick M. O'Connor |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to preventing ocean littering. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Patrick M. O'ConnorFirst Plymouth and Norfolk 1 of 2 |
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16 | 16 | | SENATE DOCKET, NO. 307 FILED ON: 1/12/2023 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1084 |
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18 | 18 | | By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1084) of Patrick M. O'Connor for |
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19 | 19 | | legislation relative to preventing ocean littering. The Judiciary. |
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20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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21 | 21 | | SEE SENATE, NO. 1121 OF 2021-2022.] |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Third General Court |
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25 | 25 | | (2023-2024) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act relative to preventing ocean littering. |
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28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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29 | 29 | | of the same, as follows: |
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30 | 30 | | 1 Section 16 of Chapter 270 of the General Laws, as so appearing, is hereby amended by |
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31 | 31 | | 2striking the section in its entirety and replacing it with the following:- |
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32 | 32 | | 3 “Section 16. Whoever places, throws, deposits or discharges or whoever causes to be |
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33 | 33 | | 4placed, thrown, deposited or discharged, trash, bottles or cans, refuse, rubbish, garbage, debris, |
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34 | 34 | | 5scrap, waste or other material of any kind on a public highway or within 20 yards of a public |
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35 | 35 | | 6highway, or on any other public land, or on property of another, or on lands dedicated for open |
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36 | 36 | | 7space purposes, including lands subject to conservation restrictions and agricultural preservation |
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37 | 37 | | 8restrictions as defined in chapter 184, shall be punished by a fine of not more than $5,500 for the |
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38 | 38 | | 9first offense and a fine not to exceed $15,000 for each subsequent offense; provided, however, |
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39 | 39 | | 10that 50 per cent of the fine imposed shall be deposited in the conservation trust established in 2 of 2 |
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40 | 40 | | 11section 1 of chapter 132A and the court may also require that the violator remove, at his own |
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41 | 41 | | 12expense, the trash, refuse, rubbish, debris or materials. The permission of the owner of land to |
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42 | 42 | | 13place, throw, deposit or discharge trash, refuse, rubbish, garbage, debris, scrap, waste or other |
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43 | 43 | | 14material on the owner's land shall constitute a defense in any trial for such offense. |
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44 | 44 | | 15 Whoever places, throws, deposits or discharges or whoever causes to be placed, thrown, |
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45 | 45 | | 16deposited or discharged, trash, bottles or cans, refuse, rubbish, garbage, debris, scrap, waste or |
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46 | 46 | | 17other material of any kind upon coastal or inland waters, as defined in section 1 of chapter 131, |
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47 | 47 | | 18or within 20 yards of such waters shall be punished by a fine of not more than $6,800 for the first |
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48 | 48 | | 19offense and a fine not to exceed $18,750 for each subsequent offense; provided, however, that 50 |
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49 | 49 | | 20per cent of the fine imposed shall be deposited in the conservation trust established in section 1 |
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50 | 50 | | 21of chapter 132A and the court may also require that the violator remove, at his own expense, the |
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51 | 51 | | 22trash, refuse, rubbish, debris or materials.” |
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