Text: SF02043 Text: SF02045 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 200.18, subsection 2, Code Supplement
1 2 1999, is amended to read as follows:
1 3 2. A person violating this chapter or rules adopted by the
1 4 secretary pursuant to this chapter other than section 200.23,
1 5 shall be guilty of a simple misdemeanor. However, a person
1 6 who tampers with, possesses, or transports anhydrous ammonia
1 7 or anhydrous ammonia equipment commits a serious misdemeanor
1 8 under section 124.401F.
1 9 Sec. 2. NEW SECTION. 200.23 URBAN FERTILIZER
1 10 APPLICATION.
1 11 1. As used in this section, unless the context otherwise
1 12 requires:
1 13 a. "City" means a municipal corporation but not including
1 14 a county, township, or any special purpose district or
1 15 authority.
1 16 b. "Water of the state" means any stream, lake, pond,
1 17 marsh, watercourse, waterway, well, spring, reservoir,
1 18 aquifer, irrigation system, drainage system, and any other
1 19 body or accumulation of water, surface or underground, natural
1 20 or artificial, public or private, which is contained within,
1 21 flows through, or borders upon the state or any portion of the
1 22 state.
1 23 2. A person shall not apply a fertilizer to property which
1 24 meets all of the following criteria:
1 25 a. The property is located in a city.
1 26 b. The property is within twenty-five feet of any water of
1 27 the state.
1 28 3. A person who violates a provision of this section is
1 29 subject to a civil penalty of five hundred dollars for each
1 30 violation.
1 31 4. This section shall not apply to the application of a
1 32 fertilizer to property which is agricultural land that is
1 33 principally used for farming as those terms are defined in
1 34 section 9H.1.
1 35 Sec. 3. Section 206.22, subsection 2, Code 1999, is
2 1 amended to read as follows:
2 2 2. Any person violating any provision of this chapter
2 3 other than section 206.11, subsection 1, paragraph "a", or
2 4 section 206.26, shall be guilty of a serious misdemeanor;
2 5 provided, that any offense committed more than five years
2 6 after a previous conviction shall be considered a first
2 7 offense; and provided, further, that in any case where a
2 8 registrant was issued a warning by the secretary pursuant to
2 9 the provisions of this chapter, such registrant shall upon
2 10 conviction of a violation of any provision of this chapter
2 11 other than section 206.11, subsection 1, paragraph "a", or
2 12 section 206.26, be guilty of a serious misdemeanor; and the
2 13 registration of the article with reference to which the
2 14 violation occurred shall terminate automatically. An article,
2 15 the registration of which has been terminated, may not again
2 16 be registered unless the article, its labeling, and other
2 17 material required to be submitted appear to the secretary to
2 18 comply with all the requirements of this chapter.
2 19 Sec. 4. NEW SECTION. 206.26 URBAN PESTICIDE APPLICATION.
2 20 1. As used in this section, unless the context otherwise
2 21 requires:
2 22 a. "City" means a municipal corporation but not including
2 23 a county, township, or any special purpose district or
2 24 authority.
2 25 b. "Water of the state" means any stream, lake, pond,
2 26 marsh, watercourse, waterway, well, spring, reservoir,
2 27 aquifer, irrigation system, drainage system, and any other
2 28 body or accumulation of water, surface or underground, natural
2 29 or artificial, public or private, which is contained within,
2 30 flows through, or borders upon the state or any portion of the
2 31 state.
2 32 2. A person shall not apply a pesticide to property which
2 33 meets all of the following criteria:
2 34 a. The property is located in a city.
2 35 b. The property is within twenty-five feet of any water of
3 1 the state.
3 2 3. A person who violates a provision of this section is
3 3 subject to a civil penalty of five hundred dollars for each
3 4 violation.
3 5 4. This section shall not apply to the application of a
3 6 pesticide to property which is agricultural land that is
3 7 principally used for farming as those terms are defined in
3 8 section 9H.1.
3 9 EXPLANATION
3 10 This bill prohibits the application of a pesticide or
3 11 fertilizer to property which is located in a city and which is
3 12 within 25 feet of a water of the state. The bill provides
3 13 that a person who violates this prohibition is subject to a
3 14 civil penalty of $500 for each violation.
3 15 The bill does not apply to the application of a pesticide
3 16 or fertilizer to property which is agricultural land that is
3 17 principally used for farming.
3 18 LSB 5062SS 78
3 19 tm/gg/8.3
Text: SF02043 Text: SF02045 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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