Senate File 2089 - Introduced



                                       SENATE FILE       
                                       BY  LAMBERTI


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

                                      A BILL FOR

  1 An Act relating to littering and illegal discarding of solid
  2    waste and increasing fines and penalties and making
  3    appropriations.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5431XS 81
  6 tm/gg/14

PAG LIN



  1  1    Section 1.  Section 455B.307A, subsection 3, Code 2005, is
  1  2 amended to read as follows:
  1  3    3.  A person who violates this section is subject to a
  1  4 civil penalty not to exceed five hundred one thousand dollars
  1  5 for each violation.  Fifty percent of the revenue from the
  1  6 penalty provided in this subsection shall be remitted to the
  1  7 treasurer of state for deposit in the general fund of the
  1  8 state and such moneys are appropriated to the state department
  1  9 of transportation for purposes of the cleanup of litter and
  1 10 illegally discarded solid waste.
  1 11    Sec. 2.  Section 602.8108, subsection 2, Code Supplement
  1 12 2005, is amended to read as follows:
  1 13    2.  Except as otherwise provided, the clerk of the district
  1 14 court shall report and submit to the state court
  1 15 administrator, not later than the fifteenth day of each month,
  1 16 the fines and fees received during the preceding calendar
  1 17 month.  Except as provided in subsections 3, 4, 5, 7, 8, and
  1 18 9, and 11, the state court administrator shall deposit the
  1 19 amounts received with the treasurer of state for deposit in
  1 20 the general fund of the state.  The state court administrator
  1 21 shall report to the legislative services agency within thirty
  1 22 days of the beginning of each fiscal quarter the amount
  1 23 received during the previous quarter in the account
  1 24 established under this section.
  1 25    Sec. 3.  Section 602.8108, Code Supplement 2005, is amended
  1 26 by adding the following new subsection:
  1 27    NEW SUBSECTION.  11.  The state court administrator shall
  1 28 allocate fifty percent of all of the fines attributable to
  1 29 littering citations issued pursuant to sections 321.369,
  1 30 321.370, and 461A.43 to the treasurer of state for deposit in
  1 31 the general fund of the state and such moneys are appropriated
  1 32 to the state department of transportation for purposes of the
  1 33 cleanup of litter and illegally discarded solid waste.
  1 34    Sec. 4.  Section 805.8A, subsection 14, paragraph d, Code
  1 35 Supplement 2005, is amended to read as follows:
  2  1    d.  LITTER AND DEBRIS VIOLATIONS.  For violations under
  2  2 sections 321.369 and 321.370, the scheduled fine is thirty=
  2  3 five seventy dollars.
  2  4    Sec. 5.  Section 805.8B, subsection 6, paragraph b, Code
  2  5 2005, is amended to read as follows:
  2  6    b.  For violations under sections 461A.40, 461A.43,
  2  7 461A.46, and 461A.49, the scheduled fine is fifteen dollars.
  2  8    Sec. 6.  Section 805.8B, subsection 6, Code 2005, is
  2  9 amended by adding the following new paragraph:
  2 10    NEW PARAGRAPH.  e.  For violations under section 461A.43,
  2 11 the scheduled fine is thirty dollars.
  2 12                           EXPLANATION
  2 13    This bill relates to littering and illegal discarding of
  2 14 solid waste and increases fines and penalties and makes
  2 15 appropriations.
  2 16    The bill increases the maximum civil penalty for the
  2 17 illegal discarding of solid waste from $500 to $1,000.  The
  2 18 bill increases the scheduled fines for littering and placing
  2 19 debris on public highways from $35 to $70 and increases the
  2 20 scheduled fine for littering in a state park or preserve from
  2 21 $15 to $30.
  2 22    The bill provides that 50 percent of fines and civil
  2 23 penalties attributable to littering or illegal discarding of
  2 24 solid waste shall be deposited in the general fund of the
  2 25 state and shall be appropriated to the state department of
  2 26 transportation for purposes of the cleanup of litter and
  2 27 illegally discarded solid waste.
  2 28 LSB 5431XS 81
  2 29 tm:nh/gg/14