Senate File 375 - IntroducedA Bill ForAn Act 1relating to the revocation of certain privileges upon
2conviction of a littering offense, and making penalties
3applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 318.6, Code 2021, is amended by adding
2the following new subsection:
3   NEW SUBSECTION.  3.  In addition to any other punishment
4provided by this section, a person found guilty of violating
5section 318.3, subsection 6, is subject to punishment provided
6in section 461A.43, subsection 2.
7   Sec. 2.  Section 321.369, Code 2021, is amended to read as
8follows:
   9321.369  Putting debris on highway.
   101.  A person shall not throw or deposit upon a highway any
11glass bottle, glass, nails, tacks, wire, cans, trash, garbage,
12rubbish, litter, offal, or any other debris. A person shall
13not throw or deposit upon a highway a substance likely to
14injure any person, animal, or vehicle upon the highway. A
15person who violates this section or section 321.370 commits a
16misdemeanor punishable as a scheduled violation under section
17805.8A, subsection 14, paragraph “d”.
   182.  In addition to any other punishment provided by this
19section, a person found guilty of violating this section or
20section 321.370 is subject to punishment provided in section
21461A.43, subsection 2.
22   Sec. 3.  Section 455B.364, Code 2021, is amended to read as
23follows:
   24455B.364  Penalty.
   25Any person violating the provisions of section 455B.363,
26upon conviction, shall be guilty of a simple misdemeanor. The
27court, in lieu of or in addition to any other sentence imposed,
28may direct and supervise a labor of litter gathering. In
29addition to any other punishment provided by this section, a
30person found guilty of violating section 455B.363 is subject to
31punishment provided in section 461A.43, subsection 2.

32   Sec. 4.  Section 461A.43, Code 2021, is amended to read as
33follows:
   34461A.43  Littering grounds.
   351.  No person shall place any waste, refuse, litter, or
-1-1foreign substance in any area or receptacle except those
2provided for that purpose.
   32.  In addition to any other punishment provided by law, if
4a person is found guilty of violating this section, section
5318.3, subsection 6, section 321.369, 321.370, or 455B.363, the
6natural resource commission shall immediately take all of the
7following actions:
   8a.  Suspend any hunting, fishing, or trapping license, tag,
9permit, or stamp issued to the person under Title XI, subtitle
106, for a period of one year from the date of conviction. The
11commission shall only issue a new license, tag, permit, or
12stamp to the person if the license, tag, permit, or stamp is
13not valid until after one year from the date of conviction.
   14b.  Prohibit the person from camping or using rental
15facilities or other special privileges at state parks and
16recreation areas under the jurisdiction of the department for
17a period of one year from the date of conviction. A person
18who violates a prohibition under this paragraph is subject to
19punishment under section 461A.57.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
   23This bill relates to the revocation of certain privileges
24upon conviction of a littering offense.
   25Current law prohibits littering on highway rights-of-way,
26highways, waters and lands of the state, and areas under
27control of the natural resource commission. Punishment for
28a littering violation is specific to where the littering
29occurred. In addition to any punishment imposed by law, the
30bill provides that the commission shall immediately suspend
31any hunting, fishing, or trapping license, tag, permit, or
32stamp issued to a person convicted of a littering offense for a
33period of one year from the date of the conviction. The bill
34also requires the commission to prohibit the person convicted
35of a littering offense from camping or using rental facilities
-2-1or other special privileges at state parks and recreation areas
2under the jurisdiction of the department of natural resources
3for a period of one year from the date of conviction. A person
4who is prohibited from camping or using rental facilities or
5other special privileges pursuant to the bill who violates
6the prohibition is guilty of a simple misdemeanor under
7Code section 461A.57. A simple misdemeanor is punishable by
8confinement for no more than 30 days and a fine of at least $105
9but not more than $855.
   
-3-
js/rn