Text: HF00487 Text: HF00489 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 200.18, Code 1999, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 6. The secretary may establish, assess,
1 4 and collect civil penalties for violations of this chapter or
1 5 any rule or regulation adopted under this chapter. In
1 6 determining the amount of the civil penalty, which shall not
1 7 exceed one thousand five hundred dollars for each offense, the
1 8 department shall consider all of the following factors:
1 9 a. The willfulness of the violation.
1 10 b. The actual or potential danger of injury to the public
1 11 health or safety, or damage to the environment caused by the
1 12 violation.
1 13 c. The actual or potential cost of the injury or damage
1 14 caused by the violation to the public health or safety, or to
1 15 the environment.
1 16 d. The actual or potential cost incurred by the department
1 17 in enforcing this chapter and the rules adopted under this
1 18 chapter against the violator.
1 19 e. The remedial action required of the violator.
1 20 f. The violator's previous history of complying with
1 21 orders or decisions of the department.
1 22 Sec. 2. NEW SECTION. 200.23 COMMERCIAL FERTILIZER PEER
1 23 REVIEW PANEL.
1 24 1. The department shall establish a three-member
1 25 commercial fertilizer peer review panel to assist the
1 26 department in assessing or collecting a civil penalty pursuant
1 27 to section 200.18. The secretary shall appoint the following
1 28 members to the panel:
1 29 a. A person licensed in this state as a commercial
1 30 fertilizer dealer pursuant to section 200.4.
1 31 b. A person licensed in this state to apply fertilizer in
1 32 urban areas on lawns and gardens pursuant to section 200.4.
1 33 c. A person actively engaged in farming and required to
1 34 comply with secondary containment rules as identified in the
1 35 Iowa administrative code.
2 1 2. a. The members appointed to the panel pursuant to
2 2 subsection 1 shall serve four-year terms beginning and ending
2 3 as provided in section 69.19. However, the secretary shall
2 4 appoint initial members to serve for less than four years to
2 5 ensure that members serve staggered terms. A member is
2 6 eligible for reappointment. A vacancy on the panel shall be
2 7 filled for the unexpired portion of the regular term in the
2 8 same manner as regular appointments are made.
2 9 b. The panel shall elect a chairperson from the panel
2 10 members to serve for a term of one year. The panel shall meet
2 11 on a regular basis and at the call of the chairperson. Two
2 12 voting members constitutes a quorum and the affirmative vote
2 13 of the majority of the members present is necessary for any
2 14 substantive action to be taken by the panel. The majority
2 15 shall not include any member who has a conflict of interest
2 16 and a statement by a member that the member has a conflict of
2 17 interest is conclusive for this purpose. A vacancy in the
2 18 membership does not impair the duties of the panel.
2 19 c. Notwithstanding section 7E.6, the members shall only
2 20 receive reimbursement for actual expenses for performance of
2 21 their official duties, as provided by the department.
2 22 d. The panel shall be staffed by the department.
2 23 3. The panel shall make recommendations to the department
2 24 regarding the establishment of civil penalties and procedures
2 25 to assess and collect penalties, as provided in section
2 26 200.18. The panel may propose a schedule of penalties for
2 27 minor and serious violations. The department may adopt rules
2 28 pursuant to chapter 17A based on the recommendations of the
2 29 panel as approved by the secretary.
2 30 4. The panel shall review cases of persons required to be
2 31 licensed pursuant to section 200.4 and persons required to
2 32 comply with secondary containment rules as identified in the
2 33 Iowa administrative code who are subject to civil penalties as
2 34 provided in section 200.18 according to rules adopted by the
2 35 department. A review shall be performed upon request by the
3 1 secretary or the person subject to the civil penalty. The
3 2 panel may establish procedures for the review and establish a
3 3 system of prioritizing cases for review, consistent with rules
3 4 adopted by the department pursuant to chapter 17A. The rules
3 5 may exclude review of minor violations. The review may also
3 6 include the manner of assessing and collecting the civil
3 7 penalty. The findings and recommendations of the panel shall
3 8 be included in a response delivered to the department and the
3 9 person subject to the penalty. The response may include a
3 10 recommendation that a proposed civil penalty be modified or
3 11 suspended, that an alternative method of collection be
3 12 instituted, or that conditions be placed upon the license.
3 13 5. The department shall adopt rules pursuant to chapter
3 14 17A establishing a period for the review and response by the
3 15 panel which must be completed prior to a contested case
3 16 hearing under chapter 17A. A hearing shall not be delayed
3 17 after the required period for review and response, except as
3 18 provided in chapter 17A.
3 19 6. This section does not apply to a license revocation
3 20 proceeding. This section does not require the department to
3 21 delay the prosecution of a case if immediate action is
3 22 necessary to reduce the risk of harm to the environment or
3 23 public health or safety. This section also does not require a
3 24 review or response if the department refers a violation of
3 25 this chapter for criminal prosecution, or for an action
3 26 involving a stop order issued pursuant to section 200.16. The
3 27 department shall consider any available response by the panel,
3 28 but is not required to change findings of an investigation, a
3 29 penalty sought to be assessed, or a manner of collection.
3 30 7. An available response by the panel may be used as
3 31 evidence in an administrative hearing, or a civil or criminal
3 32 case, except to the extent that information is considered
3 33 confidential pursuant to section 22.7.
3 34 Sec. 3. Section 206.19, subsection 5, Code 1999, is
3 35 amended to read as follows:
4 1 5. Establish, assess, and collect civil penalties for
4 2 violations by commercial applicators, public applicators,
4 3 private applicators, and pesticide dealers. In determining
4 4 the amount of the civil penalty, the department shall consider
4 5 all of the following factors:
4 6 a. The willfulness of the violation.
4 7 b. The actual or potential danger of injury to the public
4 8 health or safety, or damage to the environment caused by the
4 9 violation.
4 10 c. The actual or potential cost of the injury or damage
4 11 caused by the violation to the public health or safety, or to
4 12 the environment.
4 13 d. The actual or potential cost incurred by the department
4 14 in enforcing this chapter and rules adopted pursuant to this
4 15 chapter against the violator.
4 16 e. The remedial action required of the violator.
4 17 f. The violator's previous history of complying with
4 18 orders or decisions of the department.
4 19 The amount of the civil penalty shall not exceed one
4 20 thousand five hundred dollars for each offense.
4 21 Sec. 4. Section 206.23A, subsection 1, Code 1999, is
4 22 amended by adding the following new paragraphs:
4 23 NEW PARAGRAPH. f. A person certified as a private
4 24 applicator pursuant to section 206.5.
4 25 NEW PARAGRAPH. g. A person licensed as a pesticide dealer
4 26 pursuant to section 206.8.
4 27 Sec. 5. EFFECTIVE DATE. This Act, being deemed of
4 28 immediate importance, takes effect upon enactment.
4 29 EXPLANATION
4 30 This bill provides that the secretary of agriculture may
4 31 establish, assess, and collect civil penalties for violations
4 32 of Code chapter 200 relating to fertilizers and soil
4 33 conditioners. The bill provides that the amount of the civil
4 34 penalties shall not exceed $1,500 for each offense. The bill
4 35 provides certain considerations for the secretary to consider
5 1 in determining the amount of a civil penalty for violations of
5 2 the provisions of the chapter.
5 3 The bill establishes a three-member commercial fertilizer
5 4 peer review panel similar to the commercial pesticide
5 5 applicator peer review panel provided for in Code section
5 6 206.23A. The bill provides that the panel shall make
5 7 recommendations to the department regarding the establishment
5 8 of civil penalties and procedures to assess and collect
5 9 penalties under Code chapter 200. The bill provides that the
5 10 panel shall review cases of certain persons who are subject to
5 11 civil penalties under the provisions of Code chapter 200. The
5 12 bill provides that the peer review panel does not apply to
5 13 license revocation proceedings and does not require the
5 14 department to delay the prosecution of a case if immediate
5 15 action is necessary. The bill provides that the peer review
5 16 panel does not require a review or response if the department
5 17 refers a violation for criminal prosecution. The bill
5 18 provides that an available response by the peer review panel
5 19 may be used as evidence in an administrative hearing or a
5 20 civil or criminal case, except to the extent that information
5 21 is considered confidential pursuant to Code section 22.7.
5 22 The bill provides that the department may establish,
5 23 assess, and collect civil penalties for violations of Code
5 24 chapter 206, relating to pesticides, by commercial
5 25 applicators, public applicators, private applicators, and
5 26 pesticide dealers. The bill provides that such penalties
5 27 shall not exceed $1,500. Currently, such penalties shall not
5 28 exceed $500. The bill provides that the commercial pesticide
5 29 applicator peer review panel shall be expanded from five
5 30 members to seven members and shall include a person certified
5 31 as a private applicator and a person licensed as a pesticide
5 32 dealer.
5 33 The bill takes effect upon enactment.
5 34 LSB 2669HH 78
5 35 tm/cf/24
Text: HF00487 Text: HF00489 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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