HF 2214

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to littering; imposing minimum fines on 
  1.3             persons who litter the remains of cigarettes, cigars, 
  1.4             and other similar tobacco products; permitting local 
  1.5             governments to institute citizen enforcement programs 
  1.6             to enforce littering laws; amending Minnesota Statutes 
  1.7             1994, section 169.42, subdivision 5, and by adding a 
  1.8             subdivision. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1994, section 169.42, 
  1.11  subdivision 5, is amended to read: 
  1.12     Subd. 5.  [PENALTY.] Any person violating the provisions of 
  1.13  who violates this section is guilty of a misdemeanor may be 
  1.14  sentenced to imprisonment for not more than 90 days or to 
  1.15  payment of a fine of not more than $700, or both, except that 
  1.16  any person who litters the remains of cigarettes, cigars, or 
  1.17  other similar tobacco products is subject to a minimum fine of 
  1.18  $100.  The record of any conviction of or plea of guilty under 
  1.19  this section of a person operating a motor vehicle shall be 
  1.20  immediately forwarded to the department of public safety for 
  1.21  inclusion upon that offender's driving record.  Any second or 
  1.22  subsequent offense under this section shall require a minimum 
  1.23  fine in the amount of $400.  Any judge may, for any violation of 
  1.24  this section, order the offender to pick up litter along any 
  1.25  public highway or road for four to eight hours under the 
  1.26  direction of the department of transportation, with the option 
  1.27  of a jail sentence being imposed. 
  2.1      Sec. 2.  Minnesota Statutes 1994, section 169.42, is 
  2.2   amended by adding a subdivision to read: 
  2.3      Subd. 6.  [LOCAL ORDINANCE; CITIZEN ENFORCEMENT PROGRAM.] A 
  2.4   statutory or home rule charter city may, by ordinance, establish 
  2.5   a program to enforce the littering prohibitions of this section 
  2.6   or any similar local ordinance, by using citizen volunteers to 
  2.7   issue citations to violators.  The ordinance shall contain a 
  2.8   process for training program participants in the requirements of 
  2.9   the law, the method of issuing citations, and other related 
  2.10  matters.  Program participants who satisfy the training 
  2.11  requirements of the ordinance are authorized to issue citations 
  2.12  for violations of this section and are exempt from any other 
  2.13  training or licensure requirements imposed on law enforcement 
  2.14  officers by chapter 626. 
  2.15     Sec. 3.  [EFFECTIVE DATE.] 
  2.16     Sections 1 and 2 are effective August 1, 1996, and apply to 
  2.17  crimes committed on or after that date.