SF 2204 (LSB 5857XS (9) 87)

SENATE FILE 2204

BY  EDLER

A BILL FOR

An Act relating to certification requirements for persons involved in the application of pesticides.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 206.5, subsection 7, paragraph b, subparagraphs (2) and (3), Code 2018, are amended to read as follows:
   (2)  The department shall administer the instructional courses, by either teaching the courses or selecting persons to teach the courses, administer the educational program, or oversee the administration of the program, according to criteria as provided by rules adopted by the department.
   (3)  (a)  The department shall, to the extent possible, select persons to teach the courses administer the educational program in each county. The department is not required to compensate persons selected to teach the courses administer the educational program. In selecting persons, the department shall rely upon organizations interested in the application of pesticides, including associations representing pesticide applicators and associations representing agricultural producers.
   (b)  The Iowa cooperative extension service in agriculture and home economics of Iowa state university of science and technology shall cooperate with the department in administering the educational program.
   (3)  (4)  The Iowa cooperative extension service in agriculture and home economics of Iowa state university of science and technology shall cooperate with the department in administering the instructional courses. The In administering an educational program, the department, a person selected by the department, or the Iowa cooperative extension service may conduct examinations, teach courses, train persons selected to teach courses, or distribute informational materials to persons teaching the courses.
    Sec. 2.  Section 206.5, subsection 7, Code 2018, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0c.  The department shall provide that the educational program be made available via the department’s internet site. The department shall cooperate with a person selected by the department as provided in paragraph “b” or the Iowa cooperative extension service in agriculture and home economics of Iowa state university of science and technology to also make the educational program available via their internet sites.
    Sec. 3.  CONTINGENT IMPLEMENTATION.
   1.  The department of agriculture and land stewardship shall fully implement the provisions in section 206.5, subsection 7, paragraph “0c”, as enacted in this Act contingent upon the completion of a development project that includes all stages of initial programming and testing.
   2.  a.  The department may establish and administer the development project in cooperation with one or more interested persons selected by the department to administer the educational program and the Iowa cooperative extension service in agriculture and home economics. 
   b.  The department is not required to begin or complete the development project unless it is appropriated necessary moneys by the general assembly. The department shall complete the development project within twelve months after the effective date of the necessary appropriation.
   3.  The department shall fully implement the provisions described in subsection 1 within twelve months after the development project is completed as provided in subsection 2.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   GENERAL. This bill provides for an educational program administered by the department of agriculture and land stewardship (DALS) that currently requires a person who regularly applies pesticides to obtain an initial certification or a renewal of a certification through a process of passing an examination and attending instructional courses (referred to as an educational program).
   BILL’S PROVISIONS —— ADMINISTRATION OF THE EDUCATIONAL PROGRAM. The bill provides that the department may select a qualified person to administer the program by giving examinations as well as instructional courses. It provides that Iowa state university of science and technology (ISU) may cooperate with the department to provide the same services.
   BILL’S PROVISIONS —— USE OF THE INTERNET. The bill provides that DALS must make the educational program available via the department’s internet site. It also provides that DALS must cooperate with the qualified selected person or ISU to also make the educational program available via their internet sites. However, DALS is not required to commence or complete this project unless it is appropriated necessary moneys by the general assembly.
   BACKGROUND. The provision amended by the bill (Code section 206.5) is part of the “Pesticide Act of Iowa” (Code section 206.1). There are three classes of persons required to be certified in order to apply pesticides: (1) a private applicator who applies a restricted use pesticide on their own farmland or on another’s farmland in return for services, (2) a commercial applicator who applies pesticides on someone else’s property, and (3) a public applicator who applies pesticides as part of employment by the state or local government (Code section 206.2). In order to be initially certified, the applicator must pass an examination, and to be recertified, the applicator must either pass an examination every third year or attend two hours of continuing instructional courses every year (Code section 206.5). ISU’s Iowa cooperative extension service in agriculture and home economics cooperates in administering the continuing instructional courses.