Senate
File
465
-
Introduced
SENATE
FILE
465
BY
COMMITTEE
ON
NATURAL
RESOURCES
AND
ENVIRONMENT
(SUCCESSOR
TO
SF
375)
A
BILL
FOR
An
Act
relating
to
the
revocation
of
certain
privileges
upon
1
conviction
of
a
littering
offense,
and
making
penalties
2
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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465
Section
1.
Section
318.6,
Code
2021,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
3.
In
addition
to
any
other
punishment
3
provided
by
this
section,
a
person
found
guilty
of
violating
4
section
318.3,
subsection
6,
is
subject
to
punishment
provided
5
in
section
461A.43,
subsection
2.
6
Sec.
2.
Section
321.369,
Code
2021,
is
amended
to
read
as
7
follows:
8
321.369
Putting
debris
on
highway.
9
1.
A
person
shall
not
throw
or
deposit
upon
a
highway
any
10
glass
bottle,
glass,
nails,
tacks,
wire,
cans,
trash,
garbage,
11
rubbish,
litter,
offal,
or
any
other
debris.
A
person
shall
12
not
throw
or
deposit
upon
a
highway
a
substance
likely
to
13
injure
any
person,
animal,
or
vehicle
upon
the
highway.
A
14
person
who
violates
this
section
or
section
321.370
commits
a
15
misdemeanor
punishable
as
a
scheduled
violation
under
section
16
805.8A,
subsection
14
,
paragraph
“d”
.
17
2.
In
addition
to
any
other
punishment
provided
by
this
18
section,
a
person
found
guilty
of
violating
this
section
or
19
section
321.370
is
subject
to
punishment
provided
in
section
20
461A.43,
subsection
2.
21
Sec.
3.
Section
455B.364,
Code
2021,
is
amended
to
read
as
22
follows:
23
455B.364
Penalty.
24
Any
person
violating
the
provisions
of
section
455B.363
,
25
upon
conviction,
shall
be
guilty
of
a
simple
misdemeanor.
The
26
court,
in
lieu
of
or
in
addition
to
any
other
sentence
imposed,
27
may
direct
and
supervise
a
labor
of
litter
gathering.
In
28
addition
to
any
other
punishment
provided
by
this
section,
a
29
person
found
guilty
of
violating
section
455B.363
is
subject
to
30
punishment
provided
in
section
461A.43,
subsection
2.
31
Sec.
4.
Section
461A.43,
Code
2021,
is
amended
to
read
as
32
follows:
33
461A.43
Littering
grounds.
34
1.
No
person
shall
place
any
waste,
refuse,
litter
,
or
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465
foreign
substance
in
any
area
or
receptacle
except
those
1
provided
for
that
purpose.
2
2.
In
addition
to
any
other
punishment
provided
by
law,
if
3
a
person
is
found
guilty
of
violating
this
section,
section
4
318.3,
subsection
6,
section
321.369,
321.370,
or
455B.363,
the
5
natural
resource
commission
may
immediately
take
all
of
the
6
following
actions:
7
a.
Suspend
any
hunting,
fishing,
or
trapping
license,
tag,
8
permit,
or
stamp
issued
to
the
person
under
Title
XI,
subtitle
9
6,
for
a
period
of
up
to
one
year
from
the
date
of
conviction.
10
The
commission
shall
only
issue
a
new
license,
tag,
permit,
or
11
stamp
to
the
person
if
the
license,
tag,
permit,
or
stamp
is
12
not
valid
until
after
one
year
from
the
date
of
conviction.
13
b.
Prohibit
the
person
from
camping
or
using
rental
14
facilities
or
other
special
privileges
at
state
parks
and
15
recreation
areas
under
the
jurisdiction
of
the
department
for
a
16
period
of
up
to
one
year
from
the
date
of
conviction.
A
person
17
who
violates
a
prohibition
under
this
paragraph
is
subject
to
18
punishment
under
section
461A.57.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
the
revocation
of
certain
privileges
23
upon
conviction
of
a
littering
offense.
24
Current
law
prohibits
littering
on
highway
rights-of-way,
25
highways,
waters
and
lands
of
the
state,
and
areas
under
26
control
of
the
natural
resource
commission.
Punishment
for
27
a
littering
violation
is
specific
to
where
the
littering
28
occurred.
In
addition
to
any
punishment
imposed
by
law,
the
29
bill
provides
that
the
commission
may
immediately
suspend
any
30
hunting,
fishing,
or
trapping
license,
tag,
permit,
or
stamp
31
issued
to
a
person
convicted
of
a
littering
offense
for
a
32
period
of
up
to
one
year
from
the
date
of
the
conviction.
The
33
bill
also
authorizes
the
commission
to
prohibit
the
person
34
convicted
of
a
littering
offense
from
camping
or
using
rental
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facilities
or
other
special
privileges
at
state
parks
and
1
recreation
areas
under
the
jurisdiction
of
the
department
of
2
natural
resources
for
a
period
of
up
to
one
year
from
the
date
3
of
conviction.
A
person
who
is
prohibited
from
camping
or
4
using
rental
facilities
or
other
special
privileges
pursuant
5
to
the
bill
who
violates
the
prohibition
is
guilty
of
a
simple
6
misdemeanor
under
Code
section
461A.57.
A
simple
misdemeanor
7
is
punishable
by
confinement
for
no
more
than
30
days
and
a
8
fine
of
at
least
$105
but
not
more
than
$855.
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