Senate File 2319 - Introduced
SENATE FILE
BY COMMITTEE ON NATURAL RESOURCES
AND ENVIRONMENT
(SUCCESSOR TO SF 2089)
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 5431SV 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. The revenue from the penalty provided in
1 6 this subsection shall be remitted to the treasurer of state
1 7 for deposit in the general fund of the state. Fifty percent
1 8 of such moneys are appropriated to the state department of
1 9 transportation for purposes of the cleanup of litter and
1 10 illegally discarded solid waste. The remaining fifty percent
1 11 of such moneys are appropriated to the department of natural
1 12 resources for purposes of the solid waste alternatives
1 13 program.
1 14 Sec. 2. Section 602.8108, subsection 2, Code Supplement
1 15 2005, is amended to read as follows:
1 16 2. Except as otherwise provided, the clerk of the district
1 17 court shall report and submit to the state court
1 18 administrator, not later than the fifteenth day of each month,
1 19 the fines and fees received during the preceding calendar
1 20 month. Except as provided in subsections 3, 4, 5, 7, 8, and
1 21 9, and 11, the state court administrator shall deposit the
1 22 amounts received with the treasurer of state for deposit in
1 23 the general fund of the state. The state court administrator
1 24 shall report to the legislative services agency within thirty
1 25 days of the beginning of each fiscal quarter the amount
1 26 received during the previous quarter in the account
1 27 established under this section.
1 28 Sec. 3. Section 602.8108, Code Supplement 2005, is amended
1 29 by adding the following new subsection:
1 30 NEW SUBSECTION. 11. The state court administrator shall
1 31 allocate fifty percent of all of the fines attributable to
1 32 littering citations issued pursuant to sections 321.369,
1 33 321.370, and 461A.43 to the treasurer of state for deposit in
1 34 the general fund of the state and such moneys are appropriated
1 35 to the state department of transportation for purposes of the
2 1 cleanup of litter and illegally discarded solid waste.
2 2 Sec. 4. Section 805.8A, subsection 14, paragraph d, Code
2 3 Supplement 2005, is amended to read as follows:
2 4 d. LITTER AND DEBRIS VIOLATIONS. For violations under
2 5 sections 321.369 and 321.370, the scheduled fine is thirty=
2 6 five seventy dollars.
2 7 Sec. 5. Section 805.8B, subsection 6, paragraph b, Code
2 8 2005, is amended to read as follows:
2 9 b. For violations under sections 461A.40, 461A.43,
2 10 461A.46, and 461A.49, the scheduled fine is fifteen dollars.
2 11 Sec. 6. Section 805.8B, subsection 6, Code 2005, is
2 12 amended by adding the following new paragraph:
2 13 NEW PARAGRAPH. e. For violations under section 461A.43,
2 14 the scheduled fine is thirty dollars.
2 15 EXPLANATION
2 16 This bill relates to littering and illegal discarding of
2 17 solid waste and increases fines and penalties and makes
2 18 appropriations.
2 19 The bill increases the maximum civil penalty for the
2 20 illegal discarding of solid waste from $500 to $1,000. The
2 21 bill increases the scheduled fines for littering and placing
2 22 debris on public highways from $35 to $70 and increases the
2 23 scheduled fine for littering in a state park or preserve from
2 24 $15 to $30.
2 25 The bill provides that the civil penalties attributable to
2 26 illegal discarding of solid waste shall be deposited in the
2 27 general fund of the state with 50 percent of the moneys
2 28 appropriated to the state department of transportation for
2 29 purposes of the cleanup of litter and illegally discarded
2 30 solid waste and the remaining 50 percent appropriated to the
2 31 department of natural resources for purposes of the solid
2 32 waste alternatives program.
2 33 The bill provides that 50 percent of fines attributable to
2 34 littering shall be deposited in the general fund of the state
2 35 and shall be appropriated to the state department of
3 1 transportation for purposes of the cleanup of litter and
3 2 illegally discarded solid waste.
3 3 LSB 5431SV 81
3 4 tm:nh/gg/14