H.F. _____ 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for which the applicant 8 is qualified, which shall expire at the end of the calendar 9 year of issue unless it has been revoked or suspended by the 10 secretary for cause. 11 d. The secretary may limit the license of the applicant 12 to the use of certain pesticides, or to certain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. 19 Sec. 3. NEW SECTION . 206.14A Personal injuries from 20 pesticides applied from an aircraft. 21 The department shall provide a special form for persons 22 to submit a statement claiming that they were injured by 23 pesticides applied by a commercial applicator using an 24 aircraft. 25 1. The special form may be part of the form provided in 26 section 206.14, so long as the special form complies with the 27 requirements of this section. The department may also require 28 that a claimant file a statement under this section in lieu of 29 section 206.14. 30 a. Except as otherwise provided in this section, the 31 department may require that the statement include the same 32 information, and be filed in the same manner and according to 33 the same procedures required for a statement filed pursuant to 34 section 206.14. 35 -1- LSB 6202YC (3) 83 da/nh 1/ 4

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

H.F. _____ enter the property where the claim arose. 1 7. The department may provide the results of its 2 investigation to the Iowa department of public health as a 3 reportable poisoning pursuant to section 139A.21. 4 Sec. 4. Section 206.19, subsection 5, paragraph b, Code 5 Supplement 2009, is amended to read as follows: 6 b. The amount of the civil penalty shall not exceed be more 7 than five hundred dollars for each offense violation . However, 8 a commercial applicator who applies pesticides by using an 9 aircraft in a manner that causes personal injury is subject to 10 enhanced civil penalties, as follows: 11 (1) For the first violation, not more than ten thousand 12 dollars. 13 (2) For the second violation, not more than fifteen thousand 14 dollars. 15 (3) For the third or subsequent violation, not more than 16 twenty thousand dollars. 17 Sec. 5. Section 206.22, Code 2009, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 2A. A commercial applicator who 20 negligently applies pesticides by using an aircraft in a manner 21 that causes personal injury is guilty of a serious misdemeanor 22 for the first offense and an aggravated misdemeanor for each 23 subsequent offense. 24 Sec. 6. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 25 immediate importance, takes effect upon enactment. 26 EXPLANATION 27 GENERAL. This bill amends the Pesticide Act of Iowa codified 28 in Code chapter 206, by providing for personal injury caused 29 by a commercial applicator who applies pesticides using an 30 aircraft. The term “pesticide” is broadly defined to include 31 any substance intended for preventing, destroying, repelling, 32 or mitigating insects, rodents, nematodes, fungi, weeds, and 33 other forms of plant or animal life (Code section 206.2). 34 REPORTING. The bill requires that persons claiming an 35 -3- LSB 6202YC (3) 83 da/nh 3/ 4

H.F. _____ injury caused by a commercial applicator’s aerial application 1 of pesticides may file a statement with the department. The 2 department may model the statement’s form and filing procedures 3 after a similar statement used for reporting damages to 4 property and especially crops caused by pesticide application 5 (Code section 206.14). The bill requires the department to 6 make such statements available on the internet. The statement 7 may be used by the department to conduct an investigation and 8 an enforcement action. 9 CIVIL PENALTIES. Generally, a person who violates a 10 provision of Code chapter 206 is subject to a civil penalty of 11 not more than $500 (Code section 206.19). This bill creates 12 enhanced civil penalties for personal injury caused by a 13 commercial applicator’s aerial application. The civil penalty 14 is not more than $10,000 for the first violation, $15,000 for 15 the second violation, and $20,000 for the third or subsequent 16 violation. The imposition of penalties is subject to review 17 and recommendation by the commercial pesticide applicator peer 18 review panel (Code section 206.23A). 19 LICENSE REVOCATION. The department must revoke the license 20 of a commercial applicator who on more than two occasions 21 applies pesticides using an aircraft in a manner that causes 22 personal injury. 23 CRIMINAL PENALTIES. The bill provides that a commercial 24 applicator who negligently applies pesticides by using an 25 aircraft in a manner that causes personal injury is guilty of 26 a serious misdemeanor for the first offense and an aggravated 27 misdemeanor for each subsequent offense (Code section 206.22). 28 A serious misdemeanor is punishable by confinement for no more 29 than one year and a fine of at least $315 but not more than 30 $1,875. An aggravated misdemeanor is punishable by confinement 31 for no more than two years and a fine of at least $625 but not 32 more than $6,250. 33 EFFECTIVE DATE. The bill takes effect upon enactment. 34 -4- LSB 6202YC (3) 83 da/nh 4/ 4