Senate File 2204 - Introduced SENATE FILE 2204 BY EDLER A BILL FOR An Act relating to certification requirements for persons 1 involved in the application of pesticides. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5857XS (9) 87 da/rn
S.F. 2204 Section 1. Section 206.5, subsection 7, paragraph b, 1 subparagraphs (2) and (3), Code 2018, are amended to read as 2 follows: 3 (2) The department shall administer the instructional 4 courses, by either teaching the courses or selecting persons 5 to teach the courses, administer the educational program, 6 or oversee the administration of the program, according to 7 criteria as provided by rules adopted by the department. 8 (3) (a) The department shall, to the extent possible, 9 select persons to teach the courses administer the educational 10 program in each county. The department is not required to 11 compensate persons selected to teach the courses administer 12 the educational program . In selecting persons, the department 13 shall rely upon organizations interested in the application 14 of pesticides, including associations representing pesticide 15 applicators and associations representing agricultural 16 producers. 17 (b) The Iowa cooperative extension service in agriculture 18 and home economics of Iowa state university of science and 19 technology shall cooperate with the department in administering 20 the educational program. 21 (3) (4) The Iowa cooperative extension service in 22 agriculture and home economics of Iowa state university of 23 science and technology shall cooperate with the department in 24 administering the instructional courses. The In administering 25 an educational program, the department, a person selected by 26 the department, or the Iowa cooperative extension service may 27 conduct examinations, teach courses, train persons selected to 28 teach courses, or distribute informational materials to persons 29 teaching the courses. 30 Sec. 2. Section 206.5, subsection 7, Code 2018, is amended 31 by adding the following new paragraph: 32 NEW PARAGRAPH . 0c. The department shall provide that the 33 educational program be made available via the department’s 34 internet site. The department shall cooperate with a person 35 -1- LSB 5857XS (9) 87 da/rn 1/ 3
S.F. 2204 selected by the department as provided in paragraph “b” or the 1 Iowa cooperative extension service in agriculture and home 2 economics of Iowa state university of science and technology to 3 also make the educational program available via their internet 4 sites. 5 Sec. 3. CONTINGENT IMPLEMENTATION. 6 1. The department of agriculture and land stewardship shall 7 fully implement the provisions in section 206.5, subsection 8 7, paragraph “0c”, as enacted in this Act contingent upon the 9 completion of a development project that includes all stages of 10 initial programming and testing. 11 2. a. The department may establish and administer 12 the development project in cooperation with one or more 13 interested persons selected by the department to administer the 14 educational program and the Iowa cooperative extension service 15 in agriculture and home economics. 16 b. The department is not required to begin or complete the 17 development project unless it is appropriated necessary moneys 18 by the general assembly. The department shall complete the 19 development project within twelve months after the effective 20 date of the necessary appropriation. 21 3. The department shall fully implement the provisions 22 described in subsection 1 within twelve months after the 23 development project is completed as provided in subsection 2. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 GENERAL. This bill provides for an educational program 28 administered by the department of agriculture and land 29 stewardship (DALS) that currently requires a person who 30 regularly applies pesticides to obtain an initial certification 31 or a renewal of a certification through a process of passing an 32 examination and attending instructional courses (referred to as 33 an educational program). 34 BILL’S PROVISIONS —— ADMINISTRATION OF THE EDUCATIONAL 35 -2- LSB 5857XS (9) 87 da/rn 2/ 3
S.F. 2204 PROGRAM. The bill provides that the department may select 1 a qualified person to administer the program by giving 2 examinations as well as instructional courses. It provides 3 that Iowa state university of science and technology (ISU) may 4 cooperate with the department to provide the same services. 5 BILL’S PROVISIONS —— USE OF THE INTERNET. The bill provides 6 that DALS must make the educational program available via the 7 department’s internet site. It also provides that DALS must 8 cooperate with the qualified selected person or ISU to also 9 make the educational program available via their internet 10 sites. However, DALS is not required to commence or complete 11 this project unless it is appropriated necessary moneys by the 12 general assembly. 13 BACKGROUND. The provision amended by the bill (Code 14 section 206.5) is part of the “Pesticide Act of Iowa” (Code 15 section 206.1). There are three classes of persons required 16 to be certified in order to apply pesticides: (1) a private 17 applicator who applies a restricted use pesticide on their own 18 farmland or on another’s farmland in return for services, (2) a 19 commercial applicator who applies pesticides on someone else’s 20 property, and (3) a public applicator who applies pesticides 21 as part of employment by the state or local government (Code 22 section 206.2). In order to be initially certified, the 23 applicator must pass an examination, and to be recertified, the 24 applicator must either pass an examination every third year or 25 attend two hours of continuing instructional courses every year 26 (Code section 206.5). ISU’s Iowa cooperative extension service 27 in agriculture and home economics cooperates in administering 28 the continuing instructional courses. 29 -3- LSB 5857XS (9) 87 da/rn 3/ 3