Bill Text: IA SF2204 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to certification requirements for persons involved in the application of pesticides.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-02-08 - Subcommittee: Edler, Brown, and Hart. S.J. 278. [SF2204 Detail]

Download: Iowa-2017-SF2204-Introduced.html

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Senate File 2204 - Introduced




                                 SENATE FILE       
                                 BY  EDLER

                                      A BILL FOR

  1 An Act relating to certification requirements for persons
  2    involved in the application of pesticides.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 206.5, subsection 7, paragraph b,
  1  2 subparagraphs (2) and (3), Code 2018, are amended to read as
  1  3 follows:
  1  4    (2)  The department shall administer the instructional
  1  5 courses, by either teaching the courses or selecting persons
  1  6 to teach the courses, administer the educational program,
  1  7 or oversee the administration of the program, according to
  1  8 criteria as provided by rules adopted by the department.
  1  9    (3)  (a)  The department shall, to the extent possible,
  1 10 select persons to teach the courses administer the educational
  1 11 program in each county. The department is not required to
  1 12 compensate persons selected to teach the courses administer
  1 13 the educational program. In selecting persons, the department
  1 14 shall rely upon organizations interested in the application
  1 15 of pesticides, including associations representing pesticide
  1 16 applicators and associations representing agricultural
  1 17 producers.
  1 18    (b)  The Iowa cooperative extension service in agriculture
  1 19 and home economics of Iowa state university of science and
  1 20 technology shall cooperate with the department in administering
  1 21 the educational program.
  1 22    (3)  (4)  The Iowa cooperative extension service in
  1 23 agriculture and home economics of Iowa state university of
  1 24 science and technology shall cooperate with the department in
  1 25 administering the instructional courses. The In administering
  1 26 an educational program, the department, a person selected by
  1 27 the department, or the Iowa cooperative extension service may
  1 28 conduct examinations, teach courses, train persons selected to
  1 29 teach courses, or distribute informational materials to persons
  1 30 teaching the courses.
  1 31    Sec. 2.  Section 206.5, subsection 7, Code 2018, is amended
  1 32 by adding the following new paragraph:
  1 33    NEW PARAGRAPH.  0c.  The department shall provide that the
  1 34 educational program be made available via the department's
  1 35 internet site.  The department shall cooperate with a person
  2  1 selected by the department as provided in paragraph "b" or the
  2  2 Iowa cooperative extension service in agriculture and home
  2  3 economics of Iowa state university of science and technology to
  2  4 also make the educational program available via their internet
  2  5 sites.
  2  6    Sec. 3.  CONTINGENT IMPLEMENTATION.
  2  7    1.  The department of agriculture and land stewardship shall
  2  8 fully implement the provisions in section 206.5, subsection
  2  9 7, paragraph "0c", as enacted in this Act contingent upon the
  2 10 completion of a development project that includes all stages of
  2 11 initial programming and testing.
  2 12    2.  a.  The department may establish and administer
  2 13 the development project in cooperation with one or more
  2 14 interested persons selected by the department to administer the
  2 15 educational program and the Iowa cooperative extension service
  2 16 in agriculture and home economics.
  2 17    b.  The department is not required to begin or complete the
  2 18 development project unless it is appropriated necessary moneys
  2 19 by the general assembly. The department shall complete the
  2 20 development project within twelve months after the effective
  2 21 date of the necessary appropriation.
  2 22    3.  The department shall fully implement the provisions
  2 23 described in subsection 1 within twelve months after the
  2 24 development project is completed as provided in subsection 2.
  2 25                           EXPLANATION
  2 26 The inclusion of this explanation does not constitute agreement with
  2 27 the explanation's substance by the members of the general assembly.
  2 28    GENERAL.  This bill provides for an educational program
  2 29 administered by the department of agriculture and land
  2 30 stewardship (DALS) that currently requires a person who
  2 31 regularly applies pesticides to obtain an initial certification
  2 32 or a renewal of a certification through a process of passing an
  2 33 examination and attending instructional courses (referred to as
  2 34 an educational program).
  2 35    BILL'S PROVISIONS == ADMINISTRATION OF THE EDUCATIONAL
  3  1 PROGRAM.  The bill provides that the department may select
  3  2 a qualified person to administer the program by giving
  3  3 examinations as well as instructional courses.  It provides
  3  4 that Iowa state university of science and technology (ISU) may
  3  5 cooperate with the department to provide the same services.
  3  6    BILL'S PROVISIONS == USE OF THE INTERNET.  The bill provides
  3  7 that DALS must make the educational program available via the
  3  8 department's internet site.  It also provides that DALS must
  3  9 cooperate with the qualified selected person or ISU to also
  3 10 make the educational program available via their internet
  3 11 sites.  However, DALS is not required to commence or complete
  3 12 this project unless it is appropriated necessary moneys by the
  3 13 general assembly.
  3 14    BACKGROUND.  The provision amended by the bill (Code
  3 15 section 206.5) is part of the "Pesticide Act of Iowa" (Code
  3 16 section 206.1).  There are three classes of persons required
  3 17 to be certified in order to apply pesticides:  (1) a private
  3 18 applicator who applies a restricted use pesticide on their own
  3 19 farmland or on another's farmland in return for services, (2) a
  3 20 commercial applicator who applies pesticides on someone else's
  3 21 property, and (3) a public applicator who applies pesticides
  3 22 as part of employment by the state or local government (Code
  3 23 section 206.2).  In order to be initially certified, the
  3 24 applicator must pass an examination, and to be recertified, the
  3 25 applicator must either pass an examination every third year or
  3 26 attend two hours of continuing instructional courses every year
  3 27 (Code section 206.5). ISU's Iowa cooperative extension service
  3 28 in agriculture and home economics cooperates in administering
  3 29 the continuing instructional courses.
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