Senate File 2319 - Enrolled

PAG LIN



  1  1                                             SENATE FILE 2319
  1  2
  1  3                             AN ACT
  1  4 RELATING TO LITTERING AND ILLEGAL DISCARDING OF SOLID WASTE
  1  5    AND INCREASING FINES AND PENALTIES AND MAKING APPROPRIATIONS.
  1  6
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8
  1  9    Section 1.  Section 455B.307A, subsection 3, Code 2005, is
  1 10 amended to read as follows:
  1 11    3.  A person who violates this section is subject to a
  1 12 civil penalty not to exceed five hundred one thousand dollars
  1 13 for each violation.  The revenue from the penalty provided in
  1 14 this subsection shall be remitted to the treasurer of state
  1 15 for deposit in the general fund of the state.  Fifty percent
  1 16 of such moneys are appropriated to the state department of
  1 17 transportation for purposes of the cleanup of litter and
  1 18 illegally discarded solid waste.  The remaining fifty percent
  1 19 of such moneys shall be deposited in the general fund of the
  1 20 county in which the violation occurred to be used exclusively
  1 21 for the cleanup and prevention of illegal dumping.
  1 22    Sec. 2.  Section 602.8108, subsection 2, Code Supplement
  1 23 2005, is amended to read as follows:
  1 24    2.  Except as otherwise provided, the clerk of the district
  1 25 court shall report and submit to the state court
  1 26 administrator, not later than the fifteenth day of each month,
  1 27 the fines and fees received during the preceding calendar
  1 28 month.  Except as provided in subsections 3, 4, 5, 7, 8, and
  1 29 9, and 11, the state court administrator shall deposit the
  1 30 amounts received with the treasurer of state for deposit in
  1 31 the general fund of the state.  The state court administrator
  1 32 shall report to the legislative services agency within thirty
  1 33 days of the beginning of each fiscal quarter the amount
  1 34 received during the previous quarter in the account
  1 35 established under this section.
  2  1    Sec. 3.  Section 602.8108, Code Supplement 2005, is amended
  2  2 by adding the following new subsection:
  2  3    NEW SUBSECTION.  11.  The state court administrator shall
  2  4 allocate fifty percent of all of the fines attributable to
  2  5 littering citations issued pursuant to sections 321.369,
  2  6 321.370, and 461A.43 to the treasurer of state for deposit in
  2  7 the general fund of the state and such moneys are appropriated
  2  8 to the state department of transportation for purposes of the
  2  9 cleanup of litter and illegally discarded solid waste.
  2 10    Sec. 4.  Section 805.8A, subsection 14, paragraph d, Code
  2 11 Supplement 2005, is amended to read as follows:
  2 12    d.  LITTER AND DEBRIS VIOLATIONS.  For violations under
  2 13 sections 321.369 and 321.370, the scheduled fine is thirty=
  2 14 five seventy dollars.
  2 15    Sec. 5.  Section 805.8B, subsection 6, paragraph b, Code
  2 16 2005, is amended to read as follows:
  2 17    b.  For violations under sections 461A.40, 461A.43,
  2 18 461A.46, and 461A.49, the scheduled fine is fifteen dollars.
  2 19    Sec. 6.  Section 805.8B, subsection 6, Code 2005, is
  2 20 amended by adding the following new paragraph:
  2 21    NEW PARAGRAPH.  e.  For violations under section 461A.43,
  2 22 the scheduled fine is thirty dollars.
  2 23
  2 24
  2 25                                                             
  2 26                               JEFFREY M. LAMBERTI
  2 27                               President of the Senate
  2 28
  2 29
  2 30                                                             
  2 31                               CHRISTOPHER C. RANTS
  2 32                               Speaker of the House
  2 33
  2 34    I hereby certify that this bill originated in the Senate and
  2 35 is known as Senate File 2319, Eighty=first General Assembly.
  3  1
  3  2
  3  3                                                             
  3  4                               MICHAEL E. MARSHALL
  3  5                               Secretary of the Senate
  3  6 Approved                , 2006
  3  7
  3  8
  3  9                                
  3 10 THOMAS J. VILSACK
  3 11 Governor