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AR HB1564

Bill

Status

Introduced

3/2/2015

Primary Sponsor

Charlene Fite

Click for details

Origin

House of Representatives

90th General Assembly (2015 Regular)

AI Summary

  • Amends Arkansas Code § 8-6-506 to establish criminal penalties for violations of environmental dumping regulations, classifying violations as unclassified misdemeanors with imprisonment up to one year and fines between $2,000 and $25,000.

  • Establishes felony penalties for more serious violations including fleeing the state to avoid prosecution, recklessly causing pollution that threatens human health or property, or falsifying environmental documents, with imprisonment up to five years and fines between $2,000 and $50,000.

  • Mandates restitution to state agencies, local law enforcement, or affected parties for all investigation, remediation, and prosecution costs, with restitution being non-waivable by courts and creditable against civil and administrative penalties.

  • Allows courts to impose fines up to twice the pecuniary gain if the offender derived financial benefit from the offense and to consider environmental remediation efforts as restitution during sentencing or probation decisions.

  • Deposits all collected restitution and reimbursement funds into the Hazardous Substance Remedial Action Trust Fund and establishes liability for business organizations and their agents or officers under the same standards as individuals.

Legislative Description

To Encourage Beautification Of Public And Private Property By Encouraging The Investigation And Prosecution Of Persons Engaging In Illegal Dumping.

Last Action

Recommended for study in the Interim by Joint Interim Committee on AGRICULTURE, FORESTRY & ECONOMIC DEVELOPMENT- HOUSE

3/25/2015

Committee Referrals

Agriculture, Forestry and Economic Development3/2/2015

Full Bill Text

No bill text available