LRB-3658/1
PEN:kaf:ijs
1997 - 1998 LEGISLATURE
CORRECTED COPY
August 5, 1997 - Introduced by Senators Clausing, Schultz and Risser,
cosponsored by Representatives
Musser, Ott, Otte, Hasenohrl, Bock,
Turner, Baumgart, Lorge, Staskunas, Plouff and Boyle. Referred to
Committee on Judiciary, Campaign Finance Reform and Consumer Affairs.
SB270,1,2
1An Act to amend 287.81 (2) (intro.); and
to create 287.81 (4) of the statutes;
2relating to: littering and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, no person may discard any solid waste on or along any
highway, in any waters of the state, on the ice of any waters of the state or on any
other public or private property, or permit any solid waste to be thrown from his or
her vehicle. Current law also requires the owner to remove any abandoned
automobile, boat, airplane or other vehicle from the waters of the state within 30
days after the vehicle enters the water. A violator may be required to forfeit not more
than $500.
This bill allows a court to order a violator to assist the department of
transportation, county highway committee, public agency or nonprofit charitable
organization in removing solid waste from a highway in lieu of paying a forfeiture.
A court may order such work only if the violator consents to assisting with the work.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB270, s. 1
3Section
1. 287.81 (2) (intro.) of the statutes is amended to read:
SB270,1,64
287.81
(2) (intro.) Except as provided in sub. (3), a person who does any of the
5following
may be required to forfeit not more than $500 is subject to the penalty
6provided in sub. (4):
SB270, s. 2
1Section
2. 287.81 (4) of the statutes is created to read:
SB270,2,22
287.81
(4) Any person who violates sub. (2):
SB270,2,33
(a) May be required to forfeit not more than $500.
SB270,2,164
(b) May be ordered by a court to assist a county highway committee, public
5agency, nonprofit charitable agency or the department in removing solid waste from
6any highway, if the person agrees to assist with the work. Work ordered under this
7paragraph shall be in lieu of paying the forfeiture, assessments and costs. The
8number of hours of work required may not exceed the number determined by
9dividing the amount owed on the forfeiture by the minimum wage established under
10ch. 104 for adults in nonagriculture, nontipped employment. The court shall ensure
11that the person is provided a written statement of the terms of the work order and
12that the work is monitored. Any organization or agency acting in good faith to which
13a person is assigned pursuant to an order under this subsection has immunity from
14any civil liability in excess of $25,000 for acts or omissions by or impacting on the
15person. If the person fails to comply with the work order, the court shall order the
16person brought before the court for imposition of sentence.
