Text: HF02023 Text: HF02025 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 317.4, Code 2001, is amended to read as 1 2 follows: 1 3 317.4 DIRECTION AND CONTROL. 1 4 As used in this chapter, "commissioner" means the county 1 5 weed commissioner or the commissioner's deputy within each 1 6 county. Each commissioner, subject to direction and control 1 7 by the county board of supervisors, shall supervise the 1 8 control and destruction of all noxious weeds in the county, 1 9 including those growing within the limits of cities, within 1 10 the confines ofabandonedcemeteries except as provided in 1 11 section 317.5, and along streets and highways unless otherwise 1 12 provided. A commissioner shall notify the department of 1 13 public safety of the location of marijuana plants found 1 14 growing on public or private property. A commissioner may 1 15 enter upon any land in the county at any time for the 1 16 performance of the commissioner's duties, and shall hire the 1 17 labor and equipment necessary subject to the approval of the 1 18 board of supervisors. 1 19 Sec. 2. Section 317.5, Code 2001, is amended to read as 1 20 follows: 1 21 317.5 WEEDS INABANDONEDCEMETERIES. 1 22 The commissioner shall control the weeds growing in 1 23abandonedcemeteries in the county as needed. If a county 1 24 cemetery commission is created, the board of supervisors may 1 25 assign the maintenance and management of the cemetery to the 1 26 cemetery commission. Spraying for control of weeds shall be 1 27 limited to those circumstances when it is not practical to mow 1 28 or otherwise control the weeds. 1 29 Sec. 3. Section 317.9, Code 2001, is amended to read as 1 30 follows: 1 31 317.9 DUTY OF BOARD TO ENFORCE. 1 32 The responsibility for the enforcement of the provisions of 1 33 this chapter shall be vested in the board of supervisors as to 1 34 all farm lands, railroad lands,abandonedcemeteries, state 1 35 lands and state parks, primary and secondary roads; roads, 2 1 streets and other lands within cities unless otherwise 2 2 provided. 2 3 Sec. 4. Section 331.325, subsection 3, Code 2001, is 2 4 amended to read as follows: 2 5 3. In lieu of management of the cemeteries, the board of 2 6 supervisors may create, by ordinance, a cemetery commission to 2 7 assume jurisdiction and management of the pioneer cemeteries 2 8 and other cemeteries assigned to the commission pursuant to 2 9 section 317.5 in the county. The ordinance shall delineate 2 10 the number of commissioners, the appointing authority, the 2 11 term of office, officers, employees, organizational matters, 2 12 rules of procedure, compensation and expenses, and other 2 13 matters deemed pertinent by the board. The board may delegate 2 14 any power and duties relating to cemeteries which may 2 15 otherwise be exercised by township trustees pursuant to 2 16 sections 359.28 through 359.41 to the cemetery commission 2 17 except the commission shall not certify a tax levy pursuant to 2 18 section 359.30 or 359.33 and except that the expenses of the 2 19 cemetery commission shall be paid from the county general 2 20 fund. 2 21 Sec. 5. Section 558.69, unnumbered paragraph 1, Code 2001, 2 22 is amended to read as follows: 2 23 With each declaration of value submitted to the county 2 24 recorder under chapter 428A, there shall also be submitted a 2 25 statement regarding whether any known private burial site is 2 26 situated on the property, and if a known private burial site 2 27 is situated on the property, the statement shall state the 2 28 approximate location of the site. If the statement identifies 2 29 a known private burial site, a copy of the statement shall be 2 30 submitted to the board of supervisors or the county cemetery 2 31 commission, if any. The statement shall also state that no 2 32 known wells are situated on the property, or if known wells 2 33 are situated on the property, the statement must state the 2 34 approximate location of each known well and its status with 2 35 respect to section 159.29 or 455B.190. The statement shall 3 1 also state that no known disposal site for solid waste, as 3 2 defined in section 455B.301, which has been deemed to be 3 3 potentially hazardous by the department of natural resources, 3 4 exists on the property, or if such a known disposal site does 3 5 exist, the location of the site on the property. The 3 6 statement shall additionally state that no known underground 3 7 storage tank, as defined in section 455B.471, subsection 11, 3 8 exists on the property, or if a known underground storage tank 3 9 does exist, the type and size of the tank, and any known 3 10 substance in the tank. The statement shall also state that no 3 11 known hazardous waste as defined in section 455B.411, 3 12 subsection 3, or listed by the department pursuant to section 3 13 455B.412, subsection 2, or section 455B.464, exists on the 3 14 property, or if known hazardous waste does exist, that the 3 15 waste is being managed in accordance with rules adopted by the 3 16 department of natural resources. The statement shall be 3 17 signed by at least one of the sellers or their agents. The 3 18 county recorder shall refuse to record any deed, instrument, 3 19 or writing for which a declaration of value is required under 3 20 chapter 428A unless the statement required by this section has 3 21 been submitted to the county recorder. A buyer of property 3 22 shall be provided with a copy of the statement submitted, and, 3 23 following the fulfillment of this provision, if the statement 3 24 submitted reveals no private burial site, well, disposal site, 3 25 underground storage tank, or hazardous waste on the property, 3 26 the county recorder may destroy the statement. The land 3 27 application of sludges or soils resulting from the remediation 3 28 of underground storage tank releases accomplished in 3 29 compliance with department of natural resources rules without 3 30 a permit is not required to be reported as the disposal of 3 31 solid waste or hazardous waste. 3 32 Sec. 6. Section 566.35, Code Supplement 2001, is amended 3 33 to read as follows: 3 34 566.35 BURIAL SITES LOCATED ON PRIVATE PROPERTY. 3 35 If a person notifies a governmental subdivision or agency 4 1 of the existence within the jurisdiction of the governmental 4 2 subdivision or agency of a burial site of the person's 4 3 ancestor on property owned by another person, the owner of the 4 4 property shall permit the person or a caretaker reasonable 4 5 ingress and egress for the purposes of visiting or maintaining 4 6 the burial site, and the governmental subdivision or agency 4 7 shall notify the owner of this obligation. 4 8 EXPLANATION 4 9 This bill strikes the word "abandoned" in Code chapter 317 4 10 as the word describes cemeteries which are weed infested and 4 11 maintained by the weed commissioner. The board of supervisors 4 12 may assign the maintenance and control of the cemeteries to 4 13 the county cemetery commission. 4 14 The bill also provides that if a declaration of value 4 15 statement submitted to the county recorder identifies a 4 16 private burial site, a copy of the statement shall be 4 17 submitted to the board of supervisors or the county cemetery 4 18 commission if it is created in the county. 4 19 Code section 566.35 is amended to allow a caretaker, as 4 20 well as a person's ancestor, reasonable access to a burial 4 21 site on private property. 4 22 LSB 5220HH 79 4 23 tj/pj/5
Text: HF02023 Text: HF02025 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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