House Study Bill 702
HOUSE FILE
BY (PROPOSED COMMITTEE ON
AGRICULTURE BILL BY
CHAIRPERSON MERTZ)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing requirements for a nonresident of this state
2 engaged in the aerial application of pesticides, making
3 penalties applicable, and providing an effective date.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 206.6, subsection 1, unnumbered
1 2 paragraph 2, Code 2007, is amended by striking the paragraph.
1 3 Sec. 2. Section 206.6, subsection 5, Code 2007, is amended
1 4 to read as follows:
1 5 5. ISSUE COMMERCIAL APPLICATOR LICENSE. If the
1 6 a. The secretary finds the shall approve an application
1 7 and issue a commercial applicator license to the applicant as
1 8 follows:
1 9 (1) The applicant is qualified as found by the secretary
1 10 to apply pesticides in the classifications for which the
1 11 applicant has applied and if the.
1 12 (2) The applicant files the bonds or insurance must
1 13 furnish to the department evidence of financial responsibility
1 14 as required under section 206.13, and if the.
1 15 (3) An applicant applying for a license to engage in
1 16 aerial application of pesticides has met must meet all of the
1 17 requirements of the federal aviation administration, the
1 18 United States department of transportation, and any other
1 19 applicable federal or state laws or regulations to operate the
1 20 equipment described in the application, the. The secretary
1 21 shall adopt by rule, additional requirements for issuing a
1 22 license to a person who is a nonresident of this state engaged
1 23 in the aerial application of pesticides, which may include but
1 24 is not limited to conditions for the operation of the aircraft
1 25 and the application of the pesticides under the supervision of
1 26 a person who is a resident of this state and licensed as a
1 27 commercial applicator under this section or as a pesticide
1 28 dealer under section 206.8.
1 29 b. The secretary shall issue a commercial applicator
1 30 license limited to the classifications for which the applicant
1 31 is qualified, which shall expire at the end of the calendar
1 32 year of issue unless it has been revoked or suspended prior
1 33 thereto by the secretary for cause. The secretary may limit
1 34 the license of the applicant to the use of certain pesticides,
1 35 or to certain areas, or to certain types of equipment if the
2 1 applicant is only so qualified. If a license is not issued as
2 2 applied for, the secretary shall inform the applicant in
2 3 writing of the reasons.
2 4 Sec. 3. EFFECTIVE DATE. This Act, being deemed of
2 5 immediate importance, takes effect upon enactment.
2 6 EXPLANATION
2 7 This bill amends Code section 206.6 which in part requires
2 8 a person who is in the business of applying pesticides to be
2 9 issued a commercial applicator license by the department of
2 10 agriculture and land stewardship, and includes requirements
2 11 for nonresident aerial applicators.
2 12 The bill eliminates special requirements for a person
2 13 licensed as an aerial commercial applicator in another state
2 14 who applies pesticides in this state, including being under
2 15 the direct supervision of an aerial commercial applicator
2 16 licensed in this state. The resident aerial commercial
2 17 licensee is subject to several requirements: (1) being
2 18 jointly liable with the nonresident aerial commercial
2 19 applicator, and (2) immediately notifying the department of
2 20 the commencement and termination of the nonresident's service.
2 21 The bill amends Code section 206.6(5) which regulates all
2 22 commercial applicators, including pesticide aerial
2 23 applicators. The bill provides that the department must adopt
2 24 additional requirements for issuing a license to a person who
2 25 is a nonresident of this state engaged in the aerial
2 26 application of pesticides. The additional requirements may
2 27 include conditions for the operation of the aircraft and the
2 28 application of the pesticides under the supervision of a
2 29 person who is a resident of this state and licensed as a
2 30 commercial applicator or as a pesticide dealer (see Code
2 31 section 206.8).
2 32 Generally, a person who violates a provision of Code
2 33 section 206.6 is guilty of a serious misdemeanor (see Code
2 34 section 206.22). A serious misdemeanor is punishable by
2 35 confinement for no more than one year and a fine of at least
3 1 $315 but not more than $1,875. A person may also be subject
3 2 to a civil penalty as determined by the department of up to
3 3 $500 (see Code section 206.19).
3 4 The bill takes effect upon enactment.
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