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 TLSB 2248SV (3) 89 js/rn
S.F. 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 35 -1- LSB 2248SV (3) 89 js/rn 1/ 3
S.F. 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 35 -2- LSB 2248SV (3) 89 js/rn 2/ 3
S.F. 465 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. 9 -3- LSB 2248SV (3) 89 js/rn 3/ 3