HF 2177 (LSB 5827YH (4) 88)

HOUSE FILE 2177

BY  ISENHART

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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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