SF 2081 (LSB 5161SS (4) 83)

SENATE FILE 2081

BY  BOLKCOM

A BILL FOR

An Act relating to application of fertilizer and pesticides to grass, providing penalties, and making appropriations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 455B.172, Code Supplement 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  12.a.  The department shall adopt rules prohibiting a person who applies fertilizer or pesticide to grass from putting fertilizer or pesticide on a public street or sidewalk. Authority to enforce this subsection and rules adopted pursuant to this subsection shall be with a county board of health. As used in this section, “fertilizer” and “pesticide” mean the same as defined in section 200.3.
   b.  A person violating this subsection or rules adopted pursuant to this subsection is subject to a civil penalty of not more than five hundred dollars. Each day that a violation continues constitutes a separate offense. The penalty shall be assessed for the duration of time commencing with the time the violation begins and ending with the time the violation is corrected. Moneys collected by a county board of health from the imposition of civil penalties shall be deposited in the general fund of the county and used for purposes of enforcing this subsection and rules adopted pursuant to this subsection. Any moneys collected that are in excess of the moneys necessary for enforcement shall be remitted to the state and shall be deposited in the water quality protection fund created in section 455B.183A.
    Sec. 2.  IMPLEMENTATION OF ACT.  The moneys generated as a result of the enactment of this Act are intended to cover the costs of any state mandate included in this Act, and this specification of state funding shall be deemed to meet all the state funding-related requirements of section 25B.2, subsection 3, and no additional state funding shall be necessary for the full implementation of this Act by, and enforcement of this Act against, all affected political subdivisions.
EXPLANATION
   This bill relates to the application of fertilizer and pesticide to grass.
   The bill requires the department of natural resources to adopt rules prohibiting a person who applies fertilizer or pesticide to grass from putting fertilizer or pesticide on a public street or sidewalk. Enforcement authority shall be with a county board of health.
   The bill provides that a person violating the bill is subject to a civil penalty of not more than $500. Moneys collected by a county board of health from the imposition of civil penalties shall be deposited in the general fund of the county and used for purposes of enforcing the bill. Any moneys collected that are in excess of the moneys necessary for enforcement shall be remitted to the state and shall be deposited in the water quality protection fund.
   The bill may include a state mandate as defined in Code section 25B.3. The bill provides that moneys generated in this bill are intended to cover the costs of any state mandate included in the bill. The inclusion of this specification of state funding is intended to reinstate the requirement of political subdivisions to comply with any state mandates included in the bill.