Text: SF02062 Text: SF02064 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 159.1, Code Supplement 1997, is amended 1 2 by adding the following new subsection: 1 3 NEW SUBSECTION. 4A. "Manure" means the same as defined in 1 4 section 455B.161. 1 5 Sec. 2. NEW SECTION. 159.27A MANURE APPLICATORS 1 6 CERTIFICATION. 1 7 1. As used in this section, unless the context otherwise 1 8 requires, a "manure applicator" means a person who applies 1 9 manure which is not regulated as a fertilizer or soil 1 10 conditioner pursuant to chapter 200, if the person applies 1 11 manure on more than two acres of land during any consecutive 1 12 twelve-month period. 1 13 2. A person shall not act as a manure applicator unless 1 14 one of the following requirements is satisfied: 1 15 a. The person is certified by the department by completing 1 16 an educational program pursuant to this section. To be 1 17 initially certified as a manure applicator, the person must 1 18 pass an examination. After initial certification the person 1 19 must renew the certification by passing an examination or 1 20 attending continuing instructional courses. The person must 1 21 pass the examination each third year following initial 1 22 certification or attend two hours of continuing instructional 1 23 courses each year. A person shall pay the department a fee of 1 24 not more than twenty-five dollars for certification or 1 25 recertification. 1 26 b. The person is employed to apply manure and performs the 1 27 application within twenty-one days from the date of initial 1 28 employment, if the person is competent and acts under the 1 29 instruction and control of a certified manure applicator who 1 30 is physically present during the application, by being in 1 31 sight or hearing distance of the supervised person. 1 32 3. a. The department shall adopt rules necessary to carry 1 33 out this section, including establishing certification 1 34 standards, which shall at least include standards for the 1 35 handling, application, and storage of manure, the correct 2 1 calibration of equipment used for the application of manure, 2 2 and the effects of manure upon the groundwater. The 2 3 department shall adopt rules providing for the educational 2 4 program requirements based on the certification standards. 2 5 The department shall adopt by rule criteria for allowing a 2 6 person required to be certified to complete either a written 2 7 or oral examination. The department shall notify a person who 2 8 fails to receive or retain a certification by delivering a 2 9 written notice to the person within ten days following the 2 10 failure. The notice shall include all reasons for the 2 11 failure. 2 12 b. The department shall administer the continuing 2 13 instructional courses by either teaching the courses or 2 14 selecting persons to teach the courses, according to criteria 2 15 as provided by rules adopted by the department. The 2 16 department shall, to the extent possible, select persons to 2 17 teach the courses in each county. The department is not 2 18 required to compensate persons selected to teach the courses. 2 19 In selecting persons, the department shall rely upon 2 20 organizations interested in the application of manure, 2 21 including associations representing agricultural producers. 2 22 The department shall cooperate with the department of natural 2 23 resources in designing an examination and approving 2 24 instructional courses. The Iowa cooperative extension service 2 25 in agriculture and home economics of Iowa state university of 2 26 science and technology shall cooperate with the department in 2 27 administering the instructional courses. The Iowa cooperative 2 28 extension service may teach courses, train persons selected to 2 29 teach courses, or distribute informational materials to 2 30 persons teaching the courses. 2 31 5. The department shall adopt rules required to establish, 2 32 assess, and collect civil penalties for violations of this 2 33 section. The amount of the civil penalty shall not exceed 2 34 five hundred dollars for each offense. In addition to any 2 35 civil penalty assessed under rules adopted pursuant to this 3 1 section, a person who violates this section is guilty of a 3 2 serious misdemeanor. The attorney general may upon the 3 3 request of the department or upon its own initiative institute 3 4 civil or criminal proceedings, including an action for 3 5 injunction, to enforce this section including orders issued or 3 6 rules adopted by the department. 3 7 EXPLANATION 3 8 This bill applies to persons applying manure which is not 3 9 regulated as a fertilizer or soil conditioner pursuant to 3 10 chapter 200, if the person applies manure on more than two 3 11 acres of land during the course of a year. 3 12 The bill prohibits a person from acting as a manure 3 13 applicator unless the person is certified by the department of 3 14 agriculture and land stewardship by completing an educational 3 15 program or is employed to apply manure and applies the manure 3 16 within 21 days under the instruction and control of a 3 17 certified manure applicator who is physically present. 3 18 To be initially certified as a manure applicator the person 3 19 must pass an examination. After initial certification the 3 20 person must renew the certification by passing an examination 3 21 or attending continuing instructional courses. The person 3 22 must pass the examination each third year following initial 3 23 certification or attend two hours of continuing instructional 3 24 courses each year. 3 25 The bill imposes a fee of not more than $25 for 3 26 certification or recertification. The department is 3 27 responsible for adopting rules providing for educational 3 28 program requirements, which must provide for either a written 3 29 or oral examination. The department must administer the 3 30 continuing instructional courses, by either teaching the 3 31 courses or selecting persons to teach the courses. In 3 32 selecting persons, the department must rely upon organizations 3 33 interested in the application of manure, including 3 34 associations representing agricultural producers. The Iowa 3 35 cooperative extension service in agriculture and home 4 1 economics of Iowa state university must cooperate with the 4 2 department in administering the instructional courses. 4 3 The department is required to adopt rules to establish, 4 4 assess, and collect civil penalties for violations of the 4 5 bill. The amount of the civil penalty cannot not exceed $500 4 6 for each offense. The bill also provides that a violator is 4 7 guilty of a serious misdemeanor. Finally, the bill provides 4 8 that the attorney general may upon the request of the 4 9 department or upon its own initiative institute civil or 4 10 criminal proceedings in the prosecution of a case. 4 11 LSB 3323XS 77 4 12 da/sc/14
Text: SF02062 Text: SF02064 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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