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
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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
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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
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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
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