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: Committee Bill
Status: (Passed) 2016-04-06 - Signed by Governor. H.J. 607. [HF2385 Detail]
Download: Iowa-2015-HF2385-Introduced.html
Bill Title: A bill for an act relating to littering and illegal dumping and modifying penalties. Effective 7-1-16.
Spectrum: Committee Bill
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: TLSB 5597HV (2) 86 tr/sc 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 sectionis 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. LSB 5597HV (2) 86 tr/sc