Senate
File
2081
-
Introduced
SENATE
FILE
2081
BY
BOLKCOM
A
BILL
FOR
An
Act
relating
to
application
of
fertilizer
and
pesticides
to
1
grass,
providing
penalties,
and
making
appropriations.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2081
Section
1.
Section
455B.172,
Code
Supplement
2009,
is
1
amended
by
adding
the
following
new
subsection:
2
NEW
SUBSECTION
.
12.
a.
The
department
shall
adopt
rules
3
prohibiting
a
person
who
applies
fertilizer
or
pesticide
to
4
grass
from
putting
fertilizer
or
pesticide
on
a
public
street
5
or
sidewalk.
Authority
to
enforce
this
subsection
and
rules
6
adopted
pursuant
to
this
subsection
shall
be
with
a
county
7
board
of
health.
As
used
in
this
section,
“fertilizer”
and
8
“pesticide”
mean
the
same
as
defined
in
section
200.3.
9
b.
A
person
violating
this
subsection
or
rules
adopted
10
pursuant
to
this
subsection
is
subject
to
a
civil
penalty
of
11
not
more
than
five
hundred
dollars.
Each
day
that
a
violation
12
continues
constitutes
a
separate
offense.
The
penalty
shall
13
be
assessed
for
the
duration
of
time
commencing
with
the
time
14
the
violation
begins
and
ending
with
the
time
the
violation
is
15
corrected.
Moneys
collected
by
a
county
board
of
health
from
16
the
imposition
of
civil
penalties
shall
be
deposited
in
the
17
general
fund
of
the
county
and
used
for
purposes
of
enforcing
18
this
subsection
and
rules
adopted
pursuant
to
this
subsection.
19
Any
moneys
collected
that
are
in
excess
of
the
moneys
necessary
20
for
enforcement
shall
be
remitted
to
the
state
and
shall
be
21
deposited
in
the
water
quality
protection
fund
created
in
22
section
455B.183A.
23
Sec.
2.
IMPLEMENTATION
OF
ACT.
The
moneys
generated
as
24
a
result
of
the
enactment
of
this
Act
are
intended
to
cover
25
the
costs
of
any
state
mandate
included
in
this
Act,
and
this
26
specification
of
state
funding
shall
be
deemed
to
meet
all
the
27
state
funding-related
requirements
of
section
25B.2,
subsection
28
3,
and
no
additional
state
funding
shall
be
necessary
for
the
29
full
implementation
of
this
Act
by,
and
enforcement
of
this
Act
30
against,
all
affected
political
subdivisions.
31
EXPLANATION
32
This
bill
relates
to
the
application
of
fertilizer
and
33
pesticide
to
grass.
34
The
bill
requires
the
department
of
natural
resources
to
35
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2081
adopt
rules
prohibiting
a
person
who
applies
fertilizer
or
1
pesticide
to
grass
from
putting
fertilizer
or
pesticide
on
a
2
public
street
or
sidewalk.
Enforcement
authority
shall
be
with
3
a
county
board
of
health.
4
The
bill
provides
that
a
person
violating
the
bill
is
subject
5
to
a
civil
penalty
of
not
more
than
$500.
Moneys
collected
by
6
a
county
board
of
health
from
the
imposition
of
civil
penalties
7
shall
be
deposited
in
the
general
fund
of
the
county
and
used
8
for
purposes
of
enforcing
the
bill.
Any
moneys
collected
that
9
are
in
excess
of
the
moneys
necessary
for
enforcement
shall
10
be
remitted
to
the
state
and
shall
be
deposited
in
the
water
11
quality
protection
fund.
12
The
bill
may
include
a
state
mandate
as
defined
in
Code
13
section
25B.3.
The
bill
provides
that
moneys
generated
in
14
this
bill
are
intended
to
cover
the
costs
of
any
state
mandate
15
included
in
the
bill.
The
inclusion
of
this
specification
16
of
state
funding
is
intended
to
reinstate
the
requirement
17
of
political
subdivisions
to
comply
with
any
state
mandates
18
included
in
the
bill.
19
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