House File 524 - Introduced



                                    HOUSE FILE       
                                    BY  PETTENGILL, LUKAN,
                                        SODERBERG, D. OLSON,
                                        WESSEL=KROESCHELL, and MAY


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to litter control, increasing the fines for
  2    scheduled violations, and appropriating funds to counties and
  3    the keep Iowa beautiful fund.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2024HH 81
  6 dea/pj/5

PAG LIN



  1  1    Section 1.  Section 314.28, unnumbered paragraph 1, Code
  1  2 2005, is amended to read as follows:
  1  3    A keep Iowa beautiful fund is created in the office of the
  1  4 treasurer of state.  The fund is composed of moneys
  1  5 appropriated or available to and obtained or accepted by the
  1  6 treasurer of state for deposit in the fund.  The fund shall
  1  7 include moneys transferred to the fund as provided in section
  1  8 422.12A and moneys remitted by the state court administrator
  1  9 from scheduled fines pursuant to section 602.8108, subsection
  1 10 9.  All interest earned on moneys in the fund shall be
  1 11 credited to and remain in the fund.  Section 8.33 does not
  1 12 apply to moneys in the fund.
  1 13    Sec. 2.  Section 321.253, Code 2005, is amended to read as
  1 14 follows:
  1 15    321.253  DEPARTMENT TO ERECT SIGNS.
  1 16    1.  The department shall place and maintain such traffic=
  1 17 control devices, conforming to its manual and specifications,
  1 18 upon all primary highways as it shall deem deems necessary to
  1 19 indicate and to carry out the provisions of this chapter or to
  1 20 regulate, warn, or guide traffic.  Whenever practical, said
  1 21 the devices or signs shall be purchased from the director of
  1 22 the Iowa department of corrections.
  1 23    2.  The department shall post signs informing motorists
  1 24 that the scheduled fine for committing a moving traffic
  1 25 violation in a road work zone is doubled.
  1 26    3.  The department shall post signs along all interstate
  1 27 and primary highways in the state informing motorists of the
  1 28 fine for littering in violation of section 321.369 or 321.370.
  1 29    Sec. 3.  NEW SECTION.  350.13  HIGHWAY LITTER PREVENTION
  1 30 AND CONTROL FUND.
  1 31    The board of supervisors of each county shall establish a
  1 32 highway litter prevention and control fund for the county.
  1 33 The fund shall consist of moneys remitted by the state court
  1 34 administrator pursuant to section 602.8108, subsection 9.  The
  1 35 moneys in the fund shall be appropriated to the county
  2  1 conservation board to be used for programs and projects
  2  2 coordinated by the county conservation board that do at least
  2  3 one of the following:
  2  4    1.  Promote public awareness of problems associated with
  2  5 litter, including but not limited to, the economic costs of
  2  6 cleanup, environmental damage, and safety issues.
  2  7    2.  Encourage preemptive efforts to control litter.
  2  8    3.  Facilitate the cleanup of litter along primary or
  2  9 secondary road rights=of=way within the county.
  2 10    Sec. 4.  Section 602.8108, subsection 2, Code 2005, is
  2 11 amended to read as follows:
  2 12    2.  Except as otherwise provided, the clerk of the district
  2 13 court shall report and submit to the state court
  2 14 administrator, not later than the fifteenth day of each month,
  2 15 the fines and fees received during the preceding calendar
  2 16 month.  Except as provided in subsections 3, 4, 5, 7, and 8,
  2 17 and 9, the state court administrator shall deposit the amounts
  2 18 received with the treasurer of state for deposit in the
  2 19 general fund of the state.  The state court administrator
  2 20 shall report to the legislative services agency within thirty
  2 21 days of the beginning of each fiscal quarter the amount
  2 22 received during the previous quarter in the account
  2 23 established under this section.
  2 24    Sec. 5.  Section 602.8108, Code 2005, is amended by adding
  2 25 the following new subsection:
  2 26    NEW SUBSECTION.  9.  The state court administrator shall
  2 27 remit fifty percent of moneys collected from fines for
  2 28 scheduled violations pursuant to section 805.8A, subsection
  2 29 14, paragraph "d", to the treasurer of state for deposit in
  2 30 the keep Iowa beautiful fund and the remainder to the county
  2 31 where the citation was issued for deposit in the county's
  2 32 highway litter prevention and control fund.
  2 33    Sec. 6.  Section 805.8A, subsection 14, paragraph d, Code
  2 34 2005, is amended to read as follows:
  2 35    d.  LITTER AND DEBRIS VIOLATIONS.  For violations under
  3  1 sections 321.369 and 321.370, the scheduled fine is thirty=
  3  2 five one hundred dollars.
  3  3    Sec. 7.  Section 805.8B, subsection 6, paragraph b, Code
  3  4 2005, is amended to read as follows:
  3  5    b.  For violations under sections 461A.40, 461A.43,
  3  6 461A.46, and 461A.49, the scheduled fine is fifteen dollars.
  3  7    Sec. 8.  Section 805.8B, subsection 6, Code 2005, is
  3  8 amended by adding the following new paragraph:
  3  9    NEW PARAGRAPH.  e.  For violations of section 461A.43, the
  3 10 scheduled fine is thirty dollars.
  3 11                           EXPLANATION
  3 12    This bill increases the scheduled fine for littering in
  3 13 state parks and preserves from $15 to $30.  The fine for
  3 14 littering on a highway or leaving destructive or injurious
  3 15 material on a highway is increased from $35 to $100.  The
  3 16 state department of transportation is required to post signs
  3 17 along all interstate and primary highways informing motorists
  3 18 of the fine for littering on the highway.
  3 19    The bill requires the county board of supervisors in each
  3 20 county to establish a litter prevention and control fund.
  3 21 Moneys in the fund are to be appropriated for programs and
  3 22 projects coordinated by the county conservation board that
  3 23 promote public awareness of problems associated with litter,
  3 24 encourage prevention efforts, or facilitate litter cleanup
  3 25 along primary or secondary roads in the county.
  3 26    The bill directs the state court administrator to remit
  3 27 half of scheduled fines collected from highway littering
  3 28 violations to the county where the citation was issued for
  3 29 deposit in the highway litter prevention and control fund and
  3 30 the remaining half to the treasurer of state for deposit in
  3 31 the keep Iowa beautiful fund administered by the state
  3 32 department of transportation.
  3 33 LSB 2024HH 81
  3 34 dea:nh/pj/5