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S4360Senate2019-2020 Session

Ban Bodily Fluids Dumping

Official title

“Relates to the improper disposal of bodily fluids”

Sponsor James L. SewardSD-51Affects Transportation
Status
In Senate Committee
Transportation
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Transportation

What's happening

This bill increases penalties for improper disposal of bodily fluids on highways and in public trash, making it a class A misdemeanor.

Why it matters

  1. Public health and sanitation concerns are addressed. by criminalizing the dumping of containers with bodily fluids on highways and in public trash, aiming to reduce exposure to potentially infectious or hazardous materials for sanitation workers and the public.

  2. Stricter penalties indicate increased seriousness. the bill elevates improper disposal of bodily fluids to a class A misdemeanor, potentially resulting in jail time (up to nine months) and/or higher fines, signaling that such actions are considered a significant threat to community safety.

  3. The law targets specific problematic behaviors. by distinguishing between standard littering and the disposal of bodily fluids, suggesting lawmakers see unique risks in bodily fluids compared to ordinary trash (e.g., risk of disease transmission or biohazard).

  4. The bill could impact both individuals and businesses. (such as long-haul drivers or medical transporters), requiring compliance with new disposal protocols and potentially increasing operational costs or legal risks for improper handling of bodily fluids.

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Who cares

Headline styles

Ban Bodily Fluids Dumping

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
James L. Seward

Senator · Senate District 51

No co-sponsors yet.

History

  1. Referred to transportation
  2. Referred to transportation

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4360

2019-2020 Regular Sessions

IN SENATE

March 11, 2019

Introduced by Sen. SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law and the penal law, in relation to the improper disposal of bodily fluids

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 1220 of the vehicle and traffic law, subdivision (b-1) as added by chapter 366 of the laws of 1978 and subdivision (c) as amended by chapter 418 of the laws of 2007, is amended to read as follows:

§ 1220. Throwing refuse on highways and adjacent lands prohibited. (a) (i) No person shall throw, dump, deposit or place, or cause to be thrown, dumped, deposited or placed upon any highway, or within the limits of the right of way of such highway, or upon private lands adjacent thereto, any refuse, trash, garbage, rubbish, litter or any nauseous or offensive matter.

(ii) A violation of the provisions of this subdivision shall be punishable by a fine not to exceed three hundred fifty dollars and/or a requirement to perform services for a public or not-for-profit corporation, association, institution or agency not to exceed ten hours and for any second or subsequent violation by a fine not to exceed seven hundred dollars and/or a requirement to perform services for a public or not-for-profit corporation, association, institution or agency not to exceed fifteen hours.

(b) (i) No person shall throw, dump, deposit or place, or cause to be thrown, dumped, deposited or placed upon any highway, or within the limits of the right of way of such highway, or upon private lands adjacent thereto, any container containing bodily fluids.

(ii) A violation of the provisions of this subdivision shall be punishable by:

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD06696-03-9

S. 4360 2

(A) imprisonment of not more than nine months and/or a fine not to exceed one thousand dollars; or

(B) a requirement to perform services for a public or not-for-profit corporation, association, institution or agency not to exceed forty hours shall be spent cleaning litter debris from public roads, parks and other public areas or facilities.

(c) Nothing herein contained shall be construed as prohibiting the use in a reasonable manner of ashes, sand, salt or other material for the purpose of reducing the hazard of, or providing traction on snow, ice or sleet.

[(b-1)] (d) Nothing herein contained shall be construed as prohibiting the use of any highway or private lands adjacent thereto for the transport or transit of agricultural trucks, machines or implements or dairy or domestic animals or agricultural stock with any accompanying reasonable or unavoidable deposit of nauseous or offensive matter.

[(c) A violation of the provisions of subdivision (a) of this section shall be punishable by a fine not to exceed three hundred fifty dollars and/or a requirement to perform services for a public or not-for-profit corporation, association, institution or agency not to exceed ten hours and for any second or subsequent violation by a fine not to exceed seven hundred dollars and/or a requirement to perform services for a public or not-for-profit corporation, association, institution or agency not to exceed fifteen hours.]

§ 2. The penal law is amended by adding a new section 145.80 to read as follows: § 145.80 Improper disposal of bodily fluids.

A person is guilty of improper disposal of bodily fluids when a person throws, dumps, deposits or places, or causes to be thrown, dumped, deposited or placed into any public trash or recycling receptacle, any container containing bodily fluids. The provisions of this section shall not apply to the disposal of diapers not otherwise prohibited by any other provision of law.

Improper disposal of bodily fluids is a class A misdemeanor.

§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the vehicle and traffic law and the penal law, in relation to the improper disposal of bodily fluids

Purpose

To amend section 1220 of the vehicle and traffic law to include specific penalties for improper disposal of a container containing bodily fluids, and adding a new section of law establishing the improper disposal of bodily fluids as a misdemeanor.

Summary of provisions

Section 1 - amends the vehicle and traffic law to include specific penalties for littering with bodily fluids.

Section 2 - amends the penal law to prohibit the improper disposal of bodily fluids.

Section 3 - states the effective date.

Existing law

Section 1220 of the vehicle and traffic law prohibits throwing refuse on highways and adjacent lands.

Justification

The improper disposal of bodily fluids has become an issue for both department of transportation employees working on our state highways and members of the pubic. Employees have found containers, both large and small, filled by travelers while attempting to avoid stopping during their travels, and the containers are disposed of in public trash bins or by littering. Those tasked with cleaning rest areas, picking up refuse, and mowing land adjacent to highways should not be subjected to health hazardous resulting from leaking or destroyed containers.

Legislative history

New bill.

Fiscal implications

None.

Effective date

The first of November next succeeding the date on which it shall have become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.