House File 2112 - Introduced HOUSE FILE 2112 BY KLEIN A BILL FOR An Act relating to certification requirements for persons 1 involved in the application of pesticides, and including 2 provisions for contingent implementation. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5668YH (4) 85 da/nh
H.F. 2112 Section 1. Section 206.5, subsection 7, paragraph b, Code 1 2014, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (4) The department shall provide that the 3 instructional courses be made available via the department’s 4 internet site, the internet site of a person selected to teach 5 the continuing instructional courses, or the internet site of 6 the Iowa cooperative extension service in agriculture and home 7 economics of Iowa state university of science and technology. 8 Sec. 2. CONTINGENT IMPLEMENTATION —— FUTURE REPEAL. The 9 department of agriculture and land stewardship shall implement 10 section 206.5, subsection 7, paragraph “b” , subparagraph (4), 11 as enacted by this Act, as follows: 12 1. The department of agriculture and land stewardship shall 13 establish and implement a development project to effectuate the 14 provision if the general assembly appropriates moneys to the 15 department in an amount sufficient to support the project. The 16 department of natural resources shall assist the department 17 of agriculture and land stewardship in the implementation. 18 The department of agriculture and land stewardship shall 19 complete the development project within twelve months after the 20 effective date of the appropriation. 21 2. The department shall fully implement section 206.5, 22 subsection 7, paragraph “b” , subparagraph (4), as enacted by 23 this Act, within twelve months after the development project is 24 completed as provided in subsection 1. 25 3. If the general assembly does not appropriate moneys to 26 the department of agriculture and land stewardship as provided 27 in subsection 1, by July 1, 2019, section 206.5, subsection 7, 28 paragraph “b” , subparagraph (4), as enacted by this Act, is 29 repealed on that date. The department shall notify the Code 30 editor whether the conditions of this section have been met by 31 July 1, 2019. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -1- LSB 5668YH (4) 85 da/nh 1/ 2
H.F. 2112 BILL’S PROVISIONS. This bill allows a person who regularly 1 applies pesticides to renew their certification issued by 2 the department of agriculture and land stewardship (DALS) by 3 completing the required hours of instructional courses via the 4 internet. DALS is not required to implement the bill unless 5 the general assembly appropriates moneys to the department in 6 an amount sufficient to support a development project for its 7 full implementation. This contingent provision is repealed if 8 DALS is not appropriated the necessary amount by July 1, 2019. 9 BACKGROUND. The provision amended by the bill (Code 10 section 206.5) is part of the “Pesticide Act of Iowa” (Code 11 section 206.1). There are three classes of persons required 12 to be certified in order to apply pesticides: (1) a private 13 applicator who applies a restricted use pesticide on their own 14 farmland or on another’s farmland in return for services, (2) a 15 commercial applicator who applies pesticides on someone else’s 16 property, and (3) a public applicator who applies pesticides 17 as part of employment by the state or local government (Code 18 section 206.2). In order to be initially certified, the 19 applicator must pass an examination, and to be recertified, the 20 applicator must either pass an examination every third year or 21 attend two hours of continuing instructional courses every year 22 (Code section 206.5). The Iowa cooperative extension service 23 in agriculture and home economics of Iowa state university 24 of science and technology cooperates in administering the 25 continuing instructional courses. 26 -2- LSB 5668YH (4) 85 da/nh 2/ 2