Bill Text: IA SF2211 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act providing for the establishment and administration of an electronic case management system by the department of agriculture and land stewardship for claims involving damages resulting from the application of pesticides, and including effective date and applicability provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-03-05 - Fiscal note. [SF2211 Detail]
Download: Iowa-2019-SF2211-Introduced.html
Senate
File
2211
-
Introduced
SENATE
FILE
2211
BY
WAHLS
A
BILL
FOR
An
Act
providing
for
the
establishment
and
administration
of
1
an
electronic
case
management
system
by
the
department
2
of
agriculture
and
land
stewardship
for
claims
involving
3
damages
resulting
from
the
application
of
pesticides,
and
4
including
effective
date
and
applicability
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
Section
206.2,
Code
2020,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
11A.
“Drift”
means
the
movement
of
a
3
pesticide
during
or
immediately
after
application
through
the
4
air
to
a
site
other
than
the
intended
site
of
application.
5
Sec.
2.
Section
206.14,
Code
2020,
is
amended
to
read
as
6
follows:
7
206.14
Reports
of
pesticide
accidents
,
incidents
or
loss
——
8
damages
——
electronic
case
management
system
.
9
1.
The
secretary
department
may
by
rule
require
the
10
reporting
of
significant
pesticide
accidents
or
related
11
incidents
,
including
drift,
to
a
designated
state
agency.
12
2.
Any
person
claiming
damages
from
a
pesticide
application
13
shall
have
filed
file
with
the
secretary
department,
on
a
form
14
prescribed
by
the
secretary
department,
a
written
statement
15
report
claiming
that
the
person
has
been
damaged
by
a
pesticide
16
application,
including
drift,
or
a
related
incident
.
17
a.
This
The
report
shall
have
been
must
be
filed
within
18
sixty
days
after
the
alleged
date
that
damages
occurred.
If
a
19
growing
crop
is
alleged
to
have
been
damaged,
the
report
must
20
be
filed
prior
to
the
time
that
twenty-five
percent
of
the
crop
21
has
been
harvested.
Such
statement
The
report
shall
contain
,
22
but
shall
not
be
limited
to
the
name
of
the
person
allegedly
23
responsible
for
the
application
of
said
the
pesticide,
the
name
24
of
the
owner
or
lessee
of
the
land
on
which
the
crop
is
grown
25
and
for
which
damage
is
alleged
to
have
occurred,
and
the
date
26
on
which
the
alleged
damage
occurred.
27
b.
The
secretary
department
shall
prepare
a
form
to
be
28
furnished
to
persons
to
be
used
in
such
cases
opened
by
the
29
filing
of
a
report
and
such
form
shall
contain
such
other
30
requirements
as
the
secretary
department
may
deem
proper.
The
31
department
shall
allow
a
person
to
complete
and
file
a
form
as
32
part
of
the
department’s
electronic
case
management
system
as
33
provided
in
this
subsection.
34
c.
The
secretary
department
shall,
upon
receipt
of
such
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statement
a
report
,
notify
the
licensee
and
the
owner
or
1
lessee
of
the
land
or
other
person
who
may
be
charged
with
the
2
responsibility
of
the
damages
claimed,
and
furnish
copies
of
3
such
statements
reports
as
may
be
requested.
The
secretary
4
department
shall
inspect
damages
whenever
possible
and
when
5
the
secretary
department
determines
that
the
complaint
a
6
claim
alleged
in
a
report
has
sufficient
merit
the
secretary
7
department
shall
make
such
information
available
to
the
person
8
claiming
damage
making
the
report
and
to
the
person
who
is
9
alleged
to
have
caused
the
damage.
10
d.
The
department
shall
establish
and
administer
an
11
electronic
case
management
system
accessible
via
the
12
department’s
internet
site.
The
electronic
case
management
13
system
shall
allow
a
person
to
view,
download,
or
print
14
documents
contained
in
a
case
file,
including
a
report
alleging
15
damages
caused
by
drift
and
information
related
to
that
report,
16
including
any
information
submitted
by
a
licensee
or
the
owner
17
or
lessee
of
land
where
the
pesticide
was
to
be
applied.
The
18
case
file
is
not
required
to
include
information
that
directly
19
relates
to
an
ongoing
investigation
or
pending
administrative
20
enforcement
action.
However,
the
case
file
shall
include
any
21
information
regarding
the
date,
time,
specific
location,
and
22
immediate
facts
and
circumstances
surrounding
the
alleged
23
drift.
The
electronic
case
management
system
shall
allow
a
24
person
to
determine
the
administrative
status
of
a
report,
the
25
department’s
final
determination
regarding
the
report,
and
26
any
decision
by
the
department
to
take
administrative
action
27
against
a
licensee
who
is
responsible
for
causing
the
drift
as
28
claimed
in
the
report.
29
3.
The
filing
of
such
a
report
or
failure
to
give
notice
30
shall
not
preclude
recovery
in
an
action
for
damages
and
shall
31
not
affect
the
limitations
of
actions
set
forth
in
chapter
614
.
32
Nothing
herein
shall
prohibit
an
action
for
damages
for
bodily
33
injury
or
death
to
any
person.
34
a.
The
filing
of
such
report
or
the
failure
to
file
such
a
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report
shall
not
be
a
violation
of
this
chapter
.
However,
if
1
the
person
failing
to
file
such
report
is
the
only
one
injured
2
from
such
use
or
application
of
a
pesticide
by
others,
the
3
secretary
department
may,
when
in
the
public
interest,
refuse
4
to
hold
a
hearing
for
the
denial,
suspension
,
or
revocation
of
5
a
license
or
permit
issued
under
this
chapter
until
such
report
6
is
filed.
7
b.
Where
damage
is
alleged
to
have
occurred,
the
claimant
8
person
filing
the
report
shall
permit
the
secretary
department
,
9
the
licensee
,
and
the
licensee’s
representatives,
such
as
10
surety
or
insurer,
to
observe
within
reasonable
hours
the
lands
11
or
nontarget
organism
alleged
to
have
been
damaged
in
order
12
that
such
damage
may
be
examined.
Failure
The
failure
of
the
13
claimant
person
to
permit
such
observation
and
examination
of
14
the
damaged
lands
damage
shall
automatically
bar
the
claim
15
against
the
licensee.
16
4.
The
secretary
department
shall
require,
by
rule,
that
17
veterinarians
a
veterinarian
licensed
and
practicing
veterinary
18
medicine
in
the
this
state
promptly
report
to
the
department
a
19
case
of
domestic
livestock
poisoning
or
suspected
poisoning
by
20
agricultural
chemicals.
21
Sec.
3.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
22
importance,
takes
effect
upon
enactment.
23
Sec.
4.
APPLICABILITY.
This
Act
does
not
require
the
24
department
of
agriculture
and
land
stewardship
to
provide
25
access
to
the
electronic
case
management
system
in
order
to
26
view,
download,
or
print
documents
that
were
filed
with
the
27
department
prior
to
January
1,
2021.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
BILL’S
PROVISIONS.
This
bill
amends
the
“Pesticide
Act
of
32
Iowa”
(Code
chapter
206),
which
is
administered
and
enforced
by
33
the
department
of
agriculture
and
land
stewardship
(DALS)
under
34
the
supervision
of
the
secretary
of
agriculture.
The
bill
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requires
DALS
to
establish
and
administer
an
electronic
case
1
management
system
(system)
accessible
by
a
member
of
the
public
2
using
DALS’
internet
site.
The
system
must
allow
a
person
to
3
view,
download,
or
print
documents
contained
in
a
case
file,
4
including
documents
relating
to
a
report
in
which
there
is
a
5
claim
of
damages
resulting
from
the
drift
of
a
pesticide.
It
6
must
also
allow
a
person
to
determine
the
administrative
status
7
of
a
report,
the
department’s
final
determination
regarding
8
the
report,
and
any
decision
by
the
department
to
take
9
administrative
action
against
a
licensee
who
is
responsible
for
10
causing
the
drift
as
claimed
in
the
report.
11
BACKGROUND.
A
pesticide
is
any
substance
used
to
prevent,
12
destroy,
repel,
or
mitigate
damages
caused
by
insects,
rodents,
13
nematodes,
fungi,
weeds,
or
other
forms
of
plant
or
animal
life
14
or
viruses
(Code
section
206.2).
A
person
who
claims
damages
15
incurred
as
a
result
of
the
application
of
pesticides
may
file
16
a
report
with
DALS,
which
may
conduct
an
investigation
(Code
17
section
206.14).
DALS
may
suspend
or
revoke
an
applicator’s
18
license
for
negligence
(Code
section
206.11)
and
may
establish,
19
assess,
and
collect
civil
penalties
for
violations
by
20
commercial
applicators
for
an
amount
not
to
exceed
$500
for
21
each
offense
(Code
section
206.19).
22
EFFECTIVE
DATE.
The
bill
takes
effect
upon
enactment.
23
APPLICABILITY.
The
bill
provides
that
DALS
is
not
required
24
to
provide
access
to
the
system
to
view,
download,
or
print
25
documents
that
were
filed
with
the
department
prior
to
January
26
1,
2021.
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