H.F. 2154 Section 1. Section 455B.364, Code 2016, is amended to read 1 as follows: 2 455B.364 Penalty. 3 Any person violating the provisions of section 455B.363 , 4 upon conviction, shall be guilty of a simple serious 5 misdemeanor. The court, in lieu of or in addition to any other 6 sentence imposed, may direct and supervise a labor of litter 7 gathering shall order a person convicted of violating the 8 provisions of section 455B.363 to reimburse the director for 9 the costs of cleaning up the litter . 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill makes changes to the penalties for littering. 14 “Littering” is defined in Code section 455B.361 as any garbage, 15 rubbish, trash, refuse, waste materials, or debris. 16 The bill changes the criminal penalty for a person 17 convicted of littering from a simple misdemeanor to a serious 18 misdemeanor. A simple misdemeanor is punishable by confinement 19 for no more than 30 days or a fine of at least $65 but not more 20 than $625 or by both. A serious misdemeanor is punishable by 21 confinement for no more than one year and a fine of at least 22 $315 but not more than $1,875. 23 The bill also requires the court, in imposing a sentence 24 upon a person convicted of littering, to order the person to 25 reimburse the director of the department of natural resources 26 for the costs of cleaning up the litter. 27 -1- LSB 5597YH (2) 86 tr/sc 1/ 1