House
File
2385
-
Introduced
HOUSE
FILE
2385
BY
COMMITTEE
ON
ENVIRONMENTAL
PROTECTION
(SUCCESSOR
TO
HF
2154)
A
BILL
FOR
An
Act
relating
to
littering
and
illegal
dumping
and
modifying
1
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2385
Section
1.
Section
455B.307A,
subsection
3,
Code
2016,
is
1
amended
to
read
as
follows:
2
3.
A
person
who
violates
this
section
is
subject
to
a
civil
3
penalty
not
to
exceed
one
thousand
dollars
for
each
violation
,
4
upon
conviction,
shall
be
guilty
of
a
serious
misdemeanor
.
5
The
revenue
from
the
penalty
provided
in
this
subsection
6
shall
be
remitted
to
the
treasurer
of
state
for
deposit
in
7
the
general
fund
of
the
state.
Fifty
percent
of
such
moneys
8
are
appropriated
to
the
state
department
of
transportation
9
for
purposes
of
the
cleanup
of
litter
and
illegally
discarded
10
solid
waste.
The
remaining
fifty
percent
of
such
moneys
shall
11
be
deposited
in
the
general
fund
of
the
county
in
which
the
12
violation
occurred
to
be
used
exclusively
for
the
cleanup
and
13
prevention
of
illegal
dumping.
14
Sec.
2.
Section
455B.307A,
Code
2016,
is
amended
by
adding
15
the
following
new
subsection:
16
NEW
SUBSECTION
.
4.
This
section
shall
not
apply
to
the
17
discarding
of
litter
regulated
under
chapter
455B,
division
IV,
18
part
3,
and
local
littering
ordinances.
19
Sec.
3.
Section
455B.361,
subsection
2,
Code
2016,
is
20
amended
to
read
as
follows:
21
2.
“Litter”
means
any
garbage,
rubbish,
trash,
refuse,
22
waste
materials,
or
debris
not
exceeding
ten
pounds
in
weight
23
or
fifteen
cubic
feet
in
volume.
Litter
includes
but
is
not
24
limited
to
empty
beverage
containers,
cigarette
butts,
food
25
waste
packaging,
other
food
or
candy
wrappers,
handbills,
empty
26
cartons,
or
boxes
.
27
Sec.
4.
Section
602.8108,
subsection
11,
Code
2016,
is
28
amended
to
read
as
follows:
29
11.
a.
The
state
court
administrator
shall
allocate
fifty
30
percent
of
all
of
the
fines
attributable
to
littering
citations
31
issued
pursuant
to
sections
321.369
,
321.370
,
and
461A.43
to
32
the
treasurer
of
state
for
deposit
in
the
general
fund
of
the
33
state
and
such
moneys
are
appropriated
to
the
state
department
34
of
transportation
for
purposes
of
the
cleanup
of
litter
and
35
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2
H.F.
2385
illegally
discarded
solid
waste.
1
b.
The
state
court
administrator
shall
allocate
fifty
2
percent
of
all
moneys
collected
from
the
illegal
dumping
3
penalty
provided
in
section
455B.307A
to
the
state
department
4
of
transportation
for
purposes
of
the
cleanup
of
litter
and
5
illegally
discarded
solid
waste.
The
remaining
fifty
percent
6
of
such
moneys
shall
be
deposited
in
the
general
fund
of
the
7
county
in
which
the
violation
occurred
to
be
used
exclusively
8
for
the
cleanup
and
prevention
of
illegal
dumping.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
removes
the
civil
penalty
of
up
to
$1,000
for
each
13
violation
of
illegal
dumping
and
replaces
it
with
a
criminal
14
penalty
that
is
a
serious
misdemeanor.
A
serious
misdemeanor
15
is
punishable
by
confinement
for
no
more
than
one
year
and
a
16
fine
of
at
least
$315
but
not
more
than
$1,875.
17
The
bill
requires
the
state
court
administrator
to
allocate
18
50
percent
of
all
moneys
collected
from
an
illegal
dumping
fine
19
to
the
state
department
of
transportation
for
purposes
of
the
20
cleanup
of
litter
and
illegally
discarded
solid
waste.
The
21
remaining
50
percent
shall
be
deposited
in
the
general
fund
of
22
the
county
where
the
violation
occurred
to
be
used
only
for
the
23
cleanup
and
prevention
of
illegal
dumping.
This
is
also
the
24
current
allocation
for
the
civil
penalty
that
is
imposed
under
25
current
law.
26
The
bill
adds
language
to
the
definition
of
“litter”
to
27
provide
that
it
includes
items
not
exceeding
10
pounds
in
28
weight
or
15
cubic
feet
in
volume
and
includes
but
is
not
29
limited
to
empty
beverage
containers,
cigarette
butts,
food
30
waste
packaging,
other
food
or
candy
wrappers,
handbills,
empty
31
cartons,
or
boxes.
32
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