Text: SF02062                           Text: SF02064
Text: SF02000 - SF02099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index



Senate File 2063

Partial Bill History

Bill Text

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

Return To Home index


© 1998 Cornell College and League of Women Voters of Iowa


Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Wed Feb 4 03:43:36 CST 1998
URL: /DOCS/GA/77GA/Legislation/SF/02000/SF02063/980126.html
jhf