House File 251 HOUSE FILE BY WILDERDYKE, UPMEYER, JONES, ELGIN, and DE BOEF Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to solid waste commissioners and providing a 2 penalty. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1989HH 80 5 tm/cf/24 PAG LIN 1 1 Section 1. NEW SECTION. 455B.307B SOLID WASTE 1 2 COMMISSIONER. 1 3 1. For purposes of this section, "commissioner" means the 1 4 solid waste commissioner in a county. 1 5 2. The board of supervisors of each county may annually 1 6 appoint a solid waste commissioner for the county. The board 1 7 of supervisors may appoint the commissioner from 1 8 recommendations by the county board of health or may select a 1 9 person outside the recommendations made by the county board of 1 10 health. The board of supervisors shall appoint a person who 1 11 is a citizen of the United States, is of good moral character, 1 12 and has not previously been convicted of a felony. 1 13 3. A county solid waste commissioner shall take an oath of 1 14 office prescribed by the board of supervisors. A 1 15 commissioner's appointment shall be effective March 1 and 1 16 shall continue for a term at the discretion of the board of 1 17 supervisors. 1 18 4. A county solid waste commissioner, subject to direction 1 19 and control by the county board of supervisors, shall only be 1 20 empowered to enforce the provisions of sections 455B.307A and 1 21 455B.363 and local littering ordinances. A commissioner shall 1 22 not have the duty to enforce any other traffic or criminal 1 23 laws of the state, county, or a municipality. A commissioner 1 24 may enter upon any public land in the county, excluding land 1 25 within the limits of cities, unless otherwise authorized by a 1 26 city, at any time for the performance of the commissioner's 1 27 duties, and may hire the labor and equipment necessary subject 1 28 to the approval of the board of supervisors. 1 29 5. A person shall not willfully obstruct, resist, impede, 1 30 or interfere with a county solid waste commissioner in 1 31 connection with the commissioner's enforcement of sections 1 32 455B.307A and 455B.363 and local littering ordinances. A 1 33 person shall not willfully retaliate or discriminate in any 1 34 manner against a commissioner as a reprisal for any act or 1 35 omission of the commissioner. A person violating this 2 1 subsection is guilty of a simple misdemeanor. 2 2 EXPLANATION 2 3 This bill relates to solid waste commissioners. 2 4 The bill provides that the board of supervisors of each 2 5 county may annually appoint a solid waste commissioner. The 2 6 bill provides that the board of supervisors may appoint the 2 7 commissioner from recommendations by the county board of 2 8 health or may select a person outside the recommendations made 2 9 by the county board of health. The bill provides that the 2 10 board of supervisors shall appoint a person who is a citizen 2 11 of the United States, is of good moral character, and has not 2 12 previously been convicted of a felony. 2 13 The bill provides that a county solid waste commissioner 2 14 shall take an oath of office prescribed by the board of 2 15 supervisors. The bill provides that a commissioner's 2 16 appointment shall be effective March 1 and shall continue for 2 17 a term at the discretion of the board of supervisors. 2 18 The bill provides that a county solid waste commissioner 2 19 shall, subject to direction and control by the county board of 2 20 supervisors, only be empowered to enforce the provisions of 2 21 Code sections 455B.307A, relating to the discarding of solid 2 22 waste, and 455B.363, relating to litter, and local littering 2 23 ordinances. The bill provides that a commissioner shall not 2 24 have the duty to enforce any other traffic or criminal laws of 2 25 the state, county, or a municipality. The bill allows a 2 26 commissioner to enter upon any public land in the county, 2 27 excluding land within the limits of cities, unless otherwise 2 28 authorized by a city, at any time for the performance of the 2 29 commissioner's duties, and allows the commissioner to hire the 2 30 labor and equipment necessary subject to the approval of the 2 31 board of supervisors. 2 32 The bill provides that a person shall not willfully 2 33 obstruct, resist, impede, or interfere with a commissioner in 2 34 connection with the commissioner's enforcement of Code 2 35 sections 455B.307A and 455B.363 and local littering 3 1 ordinances. The bill provides that a person shall not 3 2 willfully retaliate or discriminate in any manner against a 3 3 commissioner as a reprisal for any act or omission of the 3 4 commissioner. The bill provides that a person violating these 3 5 provisions is guilty of a simple misdemeanor. 3 6 LSB 1989HH 80 3 7 tm/cf/24.1