Bill Text: IA HF2385 | 2015-2016 | 86th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to littering and illegal dumping and modifying penalties. Effective 7-1-16.

Spectrum: Partisan Bill (? 1-0)

Status: (Passed) 2016-04-06 - Signed by Governor. H.J. 607. [HF2385 Detail]

Download: Iowa-2015-HF2385-Introduced.html
House File 2385 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON
                                     ENVIRONMENTAL
                                     PROTECTION

                                 (SUCCESSOR TO HF 2154)

                                      A BILL FOR

  1 An Act relating to littering and illegal dumping and modifying
  2    penalties.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 455B.307A, subsection 3, Code 2016, is
  1  2 amended to read as follows:
  1  3    3.  A person who violates this section is subject to a civil
  1  4 penalty not to exceed one thousand dollars for each violation,
  1  5 upon conviction, shall be guilty of a serious misdemeanor.
  1  6 The revenue from the penalty provided in this subsection
  1  7 shall be remitted to the treasurer of state for deposit in
  1  8 the general fund of the state. Fifty percent of such moneys
  1  9 are appropriated to the state department of transportation
  1 10 for purposes of the cleanup of litter and illegally discarded
  1 11 solid waste. The remaining fifty percent of such moneys shall
  1 12 be deposited in the general fund of the county in which the
  1 13 violation occurred to be used exclusively for the cleanup and
  1 14 prevention of illegal dumping.
  1 15    Sec. 2.  Section 455B.307A, Code 2016, is amended by adding
  1 16 the following new subsection:
  1 17    NEW SUBSECTION.  4.  This section shall not apply to the
  1 18 discarding of litter regulated under chapter 455B, division IV,
  1 19 part 3, and local littering ordinances.
  1 20    Sec. 3.  Section 455B.361, subsection 2, Code 2016, is
  1 21 amended to read as follows:
  1 22    2.  "Litter" means any garbage, rubbish, trash, refuse,
  1 23 waste materials, or debris not exceeding ten pounds in weight
  1 24 or fifteen cubic feet in volume. Litter includes but is not
  1 25 limited to empty beverage containers, cigarette butts, food
  1 26 waste packaging, other food or candy wrappers, handbills, empty
  1 27 cartons, or boxes.
  1 28    Sec. 4.  Section 602.8108, subsection 11, Code 2016, is
  1 29 amended to read as follows:
  1 30    11.  a.  The state court administrator shall allocate fifty
  1 31 percent of all of the fines attributable to littering citations
  1 32 issued pursuant to sections 321.369, 321.370, and 461A.43 to
  1 33 the treasurer of state for deposit in the general fund of the
  1 34 state and such moneys are appropriated to the state department
  1 35 of transportation for purposes of the cleanup of litter and
  2  1 illegally discarded solid waste.
  2  2    b.  The state court administrator shall allocate fifty
  2  3 percent of all moneys collected from the illegal dumping
  2  4 penalty provided in section 455B.307A to the state department
  2  5 of transportation for purposes of the cleanup of litter and
  2  6 illegally discarded solid waste. The remaining fifty percent
  2  7 of such moneys shall be deposited in the general fund of the
  2  8 county in which the violation occurred to be used exclusively
  2  9 for the cleanup and prevention of illegal dumping.
  2 10                           EXPLANATION
  2 11 The inclusion of this explanation does not constitute agreement with
  2 12 the explanation's substance by the members of the general assembly.
  2 13    This bill removes the civil penalty of up to $1,000 for each
  2 14 violation of illegal dumping and replaces it with a criminal
  2 15 penalty that is a serious misdemeanor. A serious misdemeanor
  2 16 is punishable by confinement for no more than one year and a
  2 17 fine of at least $315 but not more than $1,875.
  2 18    The bill requires the state court administrator to allocate
  2 19 50 percent of all moneys collected from an illegal dumping fine
  2 20 to the state department of transportation for purposes of the
  2 21 cleanup of litter and illegally discarded solid waste. The
  2 22 remaining 50 percent shall be deposited in the general fund of
  2 23 the county where the violation occurred to be used only for the
  2 24 cleanup and prevention of illegal dumping. This is also the
  2 25 current allocation for the civil penalty that is imposed under
  2 26 current law.
  2 27    The bill adds language to the definition of "litter" to
  2 28 provide that it includes items not exceeding 10 pounds in
  2 29 weight or 15 cubic feet in volume and includes but is not
  2 30 limited to empty beverage containers, cigarette butts, food
  2 31 waste packaging, other food or candy wrappers, handbills, empty
  2 32 cartons, or boxes.
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