Iowa-2015-HF2385-Introduced
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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