H.F. 2505 Section 1. Section 206.2, Code 2009, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 2A. “Aircraft” means the same as defined 3 in section 328.1. 4 Sec. 2. Section 206.6, subsection 5, paragraph c, Code 5 Supplement 2009, is amended to read as follows: 6 c. The secretary shall issue a commercial applicator 7 license limited to the classifications for which the applicant 8 is qualified, which shall expire at the end of the calendar 9 year of issue unless it has been revoked or suspended by the 10 secretary for cause. 11 d. The secretary may limit the license of the applicant 12 to the use of certain pesticides, or to certain areas, or 13 to certain types of equipment if the applicant is only so 14 qualified. If a license is not issued as applied for, the 15 secretary shall inform the applicant in writing of the reasons. 16 e. The secretary shall revoke the license of a commercial 17 applicator who on more than two occasions applies pesticides 18 using an aircraft in a manner that causes personal injury in 19 violation of this chapter pursuant to section 206.19. 20 Sec. 3. NEW SECTION . 206.14A Personal injuries from 21 pesticides applied from an aircraft. 22 The department shall provide a special form for persons 23 to submit a statement claiming that they were injured by 24 pesticides applied by a commercial applicator using an 25 aircraft. 26 1. The special form may be part of the form provided in 27 section 206.14, so long as the special form complies with the 28 requirements of this section. The department may also require 29 that a claimant file a statement under this section in lieu of 30 section 206.14. 31 a. Except as otherwise provided in this section, the 32 department may require that the statement include the same 33 information, and be filed in the same manner and according to 34 the same procedures required for a statement filed pursuant to 35 -1- LSB 6202HV (3) 83 da/nh 1/ 5

H.F. 2505 section 206.14. 1 b. The department shall make the form available in an 2 electronic format, including via the internet. The department 3 shall provide for authentication of statements filed with the 4 department, including electronic signatures as provided in 5 chapter 554D. The statement must be filed with the department 6 within sixty days after the date that injury is claimed to have 7 occurred. The statement may refer to evidence substantiating 8 the claim including information identifying the commercial 9 applicator or aircraft, medical documents indicating injuries 10 consistent with pesticide exposure, and media images or sounds 11 that record the exposure or the consequences of the exposure. 12 2. Upon receipt of a statement, the department shall notify 13 the commercial applicator. If warranted, the department shall 14 conduct an investigation to determine if the injuries were 15 caused by the application of a pesticide in violation of this 16 chapter. The department shall provide the results of the 17 investigation to the claimant and the commercial applicator. 18 The department may provide the results to any person entitled 19 to receive such results if the claim was also filed under 20 section 206.14. 21 3. A person’s failure to file a report shall not affect any 22 of the following: 23 a. A legal action to obtain damages or injunctive relief. 24 b. Any limitations of actions provided in chapter 614. 25 c. An administrative, civil, or criminal action initiated 26 by the state. 27 4. The filing of a statement or the failure to file a 28 statement is not a violation of this chapter. 29 5. The department may postpone a contested case proceeding 30 until the department has conducted its investigation and 31 released the results. 32 6. As part of the department’s investigation, the 33 claimant is not required to submit to a physical examination. 34 Notwithstanding section 206.14, a commercial applicator or a 35 -2- LSB 6202HV (3) 83 da/nh 2/ 5

H.F. 2505 representative of a commercial applicator is not entitled to 1 enter the property where the claim arose. 2 7. The department may provide the results of its 3 investigation to the Iowa department of public health as a 4 reportable poisoning pursuant to section 139A.21. 5 Sec. 4. Section 206.19, subsection 5, paragraph b, Code 6 Supplement 2009, is amended to read as follows: 7 b. The Except as provided in paragraph “c” , the amount of 8 the civil penalty shall not exceed five hundred dollars for 9 each offense. 10 c. A commercial applicator who operates an aircraft to apply 11 a pesticide shall be assessed an enhanced civil penalty for 12 each violation of this chapter that causes personal injury. 13 The amount of the enhanced civil penalty increases based 14 on whether the violation occurs during a first, second, or 15 subsequent occasion in which the commercial applicator operates 16 the aircraft. 17 (1) The amount of the enhanced civil penalty is as follows: 18 (a) For the first occasion, not more than one thousand 19 dollars per violation. 20 (b) For the second occasion, not more than one thousand five 21 hundred dollars per violation. 22 (c) For the third or subsequent occasion, not more than two 23 thousand dollars per violation. 24 (2) The department shall issue a written warning to a 25 commercial applicator who is subject to the enhanced civil 26 penalty. For a violation occurring during a first or second 27 occasion the department shall warn the commercial applicator of 28 the maximum enhanced civil penalty assessable for a violation 29 occurring during a subsequent occasion. For a violation 30 occurring during a second occasion, the department shall warn 31 the commercial applicator that the commercial applicator’s 32 license will be revoked for a violation occurring during a 33 third occasion. The failure of the department to issue a 34 written notice to a commercial applicator is not grounds for 35 -3- LSB 6202HV (3) 83 da/nh 3/ 5

H.F. 2505 contesting the department’s decision. 1 Sec. 5. Section 206.22, Code 2009, is amended by adding the 2 following new subsection: 3 NEW SUBSECTION . 2A. A commercial applicator who 4 negligently applies pesticides by using an aircraft in a manner 5 that causes personal injury is guilty of a serious misdemeanor 6 for the first offense and an aggravated misdemeanor for each 7 subsequent offense. 8 Sec. 6. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 9 immediate importance, takes effect upon enactment. 10 EXPLANATION 11 GENERAL. This bill amends the Pesticide Act of Iowa codified 12 in Code chapter 206, by providing for personal injury caused 13 by a commercial applicator who applies pesticides using an 14 aircraft. The term “pesticide” is broadly defined to include 15 any substance intended for preventing, destroying, repelling, 16 or mitigating insects, rodents, nematodes, fungi, weeds, and 17 other forms of plant or animal life (Code section 206.2). 18 REPORTING. The bill requires that persons claiming an 19 injury caused by a commercial applicator’s aerial application 20 of pesticides may file a statement with the department. The 21 department may model the statement’s form and filing procedures 22 after a similar statement used for reporting damages to 23 property and especially crops caused by pesticide application 24 (Code section 206.14). The bill requires the department to 25 make such statements available on the internet. The statement 26 may be used by the department to conduct an investigation and 27 an enforcement action. 28 CIVIL PENALTIES. Generally, a person who violates a 29 provision of Code chapter 206 is subject to a civil penalty of 30 not more than $500 (Code section 206.19). This bill creates 31 enhanced civil penalties for personal injury caused by a 32 commercial applicator’s aerial application. The amount of the 33 enhanced civil penalty increases based on whether the violation 34 occurs during a first, second, or subsequent occasion in which 35 -4- LSB 6202HV (3) 83 da/nh 4/ 5

H.F. 2505 the commercial applicator operates the aircraft. The maximum 1 amount of the enhanced civil penalty is $1,000 per violation 2 for the first occasion, $1,500 per violation for the second 3 occasion, and $2,000 per violation for the third or subsequent 4 occasion. The bill also requires the department to issue 5 a written warning to the violator on each occasion stating 6 penalties applicable for the next violation. 7 LICENSE REVOCATION. The department is required to revoke 8 the license of a commercial applicator who on more than two 9 occasions applies pesticides using an aircraft that causes 10 personal injury. 11 CRIMINAL PENALTIES. The bill provides that a commercial 12 applicator who negligently applies pesticides by using an 13 aircraft in a manner that causes personal injury is guilty of 14 a serious misdemeanor for the first offense and an aggravated 15 misdemeanor for each subsequent offense (Code section 206.22). 16 A serious misdemeanor is punishable by confinement for no more 17 than one year and a fine of at least $315 but not more than 18 $1,875. An aggravated misdemeanor is punishable by confinement 19 for no more than two years and a fine of at least $625 but not 20 more than $6,250. 21 EFFECTIVE DATE. The bill takes effect upon enactment. 22 -5- LSB 6202HV (3) 83 da/nh 5/ 5