Senate File 82 - Introduced
SENATE FILE
BY BOLKCOM
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act restricting the application of pesticides and fertilizers
2 in cities and providing a penalty.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2129SS 81
5 tm/gg/14
PAG LIN
1 1 Section 1. Section 200.18, subsection 2, Code 2005, is
1 2 amended to read as follows:
1 3 2. A person violating this chapter, other than section
1 4 200.23, or rules adopted by the secretary pursuant to this
1 5 chapter shall be guilty of a simple misdemeanor. However, a
1 6 person who tampers with, possesses, or transports anhydrous
1 7 ammonia or anhydrous ammonia equipment commits a serious
1 8 misdemeanor under section 124.401F.
1 9 Sec. 2. NEW SECTION. 200.23 MUNICIPAL FERTILIZER
1 10 APPLICATION.
1 11 1. A person shall not apply a fertilizer to property which
1 12 meets all of the following criteria:
1 13 a. The property is located in a city.
1 14 b. The property is within twenty=five feet of any creek,
1 15 stream, river, drainage ditch, pond, or lake in this state.
1 16 2. A person who violates a provision of this section is
1 17 subject to a civil penalty of five hundred dollars for each
1 18 violation.
1 19 3. This section shall not apply to the application of a
1 20 fertilizer to property which is agricultural land that is
1 21 principally used for farming as those terms are defined in
1 22 section 9H.1.
1 23 Sec. 3. Section 206.22, subsection 2, Code 2005, is
1 24 amended to read as follows:
1 25 2. Any person violating any provision of this chapter
1 26 other than section 206.11, subsection 1, paragraph "a", or
1 27 section 206.26, shall be guilty of a serious misdemeanor;
1 28 provided, that any offense committed more than five years
1 29 after a previous conviction shall be considered a first
1 30 offense; and provided, further, that in any case where a
1 31 registrant was issued a warning by the secretary pursuant to
1 32 the provisions of this chapter, such registrant shall upon
1 33 conviction of a violation of any provision of this chapter
1 34 other than section 206.11, subsection 1, paragraph "a", or
1 35 section 206.26, be guilty of a serious misdemeanor; and the
2 1 registration of the article with reference to which the
2 2 violation occurred shall terminate automatically. An article,
2 3 the registration of which has been terminated, may shall not
2 4 again be registered unless the article, its labeling, and
2 5 other material required to be submitted appear to the
2 6 secretary to comply with all the requirements of this chapter.
2 7 Sec. 4. NEW SECTION. 206.26 MUNICIPAL PESTICIDE
2 8 APPLICATION.
2 9 1. A person shall not apply a pesticide to property which
2 10 meets all of the following criteria:
2 11 a. The property is located in a city.
2 12 b. The property is within twenty=five feet of any creek,
2 13 stream, river, drainage ditch, pond, or lake in this state.
2 14 2. A person who violates a provision of this section is
2 15 subject to a civil penalty of five hundred dollars for each
2 16 violation.
2 17 3. This section shall not apply to the application of a
2 18 pesticide to property which is agricultural land that is
2 19 principally used for farming as those terms are defined in
2 20 section 9H.1.
2 21 EXPLANATION
2 22 This bill prohibits the application of a pesticide or
2 23 fertilizer to property which is located in a city and which is
2 24 within 25 feet of any creek, stream, river, drainage ditch,
2 25 pond, or lake in the state. The bill provides that a person
2 26 who violates this prohibition is subject to a civil penalty of
2 27 $500 for each violation.
2 28 The bill does not apply to the application of a pesticide
2 29 or fertilizer to property which is agricultural land that is
2 30 principally used for farming.
2 31 LSB 2129SS 81
2 32 tm:rj/gg/14