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