Introduced Version






HOUSE BILL No. 1170

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 14-15-2-15; IC 35-45-3-2.

Synopsis: Littering. Makes depositing litter, filth, a putrid or unwholesome substance, or the contents of a toilet, catch basin, or grease trap: (1) from a watercraft; and (2) into or upon public waters or the banks of public waters; a Class A infraction instead of a Class B infraction. Makes littering a Class A infraction instead of a Class B infraction if refuse is placed or left in, on, or within 100 feet of a body of water that is under the jurisdiction of the: (1) department of natural resources; or (2) United States Army Corps of Engineers. Requires that a civil judgment of at least $1,000 be imposed for these Class A infractions.

Effective: July 1, 2007.





Goodin




    January 11, 2007, read first time and referred to Committee on Environmental Affairs.







Introduced

First Regular Session 115th General Assembly (2007)


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HOUSE BILL No. 1170



    A BILL FOR AN ACT to amend the Indiana Code concerning natural and cultural resources.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 14-15-2-15; (07)IN1170.1.1. -->     SECTION 1. IC 14-15-2-15 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 15. (a) Except as provided in subsection (b), a person who violates this chapter commits a Class C infraction.
    (b) A person who violates section 8 of this chapter commits a Class B Class A infraction. Notwithstanding IC 34-28-5-4(a), a judgment of at least one thousand dollars ($1,000) shall be imposed for each Class A infraction committed in violation of section 8 of this chapter.
SOURCE: IC 35-45-3-2; (07)IN1170.1.2. -->     SECTION 2. IC 35-45-3-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. (a) A person who recklessly, knowingly, or intentionally places or leaves refuse on property of another person, except in a container provided for refuse, commits littering, a Class B infraction. However, the offense is a Class A infraction if the refuse is placed or left in, on, or within one hundred (100) feet of a body of water that is under the jurisdiction of the:
        (1) department of natural resources; or
        (2) United States Army Corps of Engineers.

Notwithstanding IC 34-28-5-4(a), a judgment of at least one thousand dollars ($1,000) shall be imposed for each Class A infraction committed under this section.
    (b) "Refuse" includes solid and semisolid wastes, dead animals, and offal.
    (c) Evidence that littering was committed from a moving vehicle other than a public conveyance constitutes prima facie evidence that it was committed by the operator of that vehicle.