Senate File 2211 - Introduced SENATE FILE 2211 BY WAHLS A BILL FOR An Act providing for the establishment and administration of 1 an electronic case management system by the department 2 of agriculture and land stewardship for claims involving 3 damages resulting from the application of pesticides, and 4 including effective date and applicability provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5827XS (3) 88 da/ns
S.F. 2211 Section 1. Section 206.2, Code 2020, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 11A. “Drift” means the movement of a 3 pesticide during or immediately after application through the 4 air to a site other than the intended site of application. 5 Sec. 2. Section 206.14, Code 2020, is amended to read as 6 follows: 7 206.14 Reports of pesticide accidents , incidents or loss —— 8 damages —— electronic case management system . 9 1. The secretary department may by rule require the 10 reporting of significant pesticide accidents or related 11 incidents , including drift, to a designated state agency. 12 2. Any person claiming damages from a pesticide application 13 shall have filed file with the secretary department, on a form 14 prescribed by the secretary department, a written statement 15 report claiming that the person has been damaged by a pesticide 16 application, including drift, or a related incident . 17 a. This The report shall have been must be filed within 18 sixty days after the alleged date that damages occurred. If a 19 growing crop is alleged to have been damaged, the report must 20 be filed prior to the time that twenty-five percent of the crop 21 has been harvested. Such statement The report shall contain , 22 but shall not be limited to the name of the person allegedly 23 responsible for the application of said the pesticide, the name 24 of the owner or lessee of the land on which the crop is grown 25 and for which damage is alleged to have occurred, and the date 26 on which the alleged damage occurred. 27 b. The secretary department shall prepare a form to be 28 furnished to persons to be used in such cases opened by the 29 filing of a report and such form shall contain such other 30 requirements as the secretary department may deem proper. The 31 department shall allow a person to complete and file a form as 32 part of the department’s electronic case management system as 33 provided in this subsection. 34 c. The secretary department shall, upon receipt of such 35 -1- LSB 5827XS (3) 88 da/ns 1/ 4
S.F. 2211 statement a report , notify the licensee and the owner or 1 lessee of the land or other person who may be charged with the 2 responsibility of the damages claimed, and furnish copies of 3 such statements reports as may be requested. The secretary 4 department shall inspect damages whenever possible and when 5 the secretary department determines that the complaint a 6 claim alleged in a report has sufficient merit the secretary 7 department shall make such information available to the person 8 claiming damage making the report and to the person who is 9 alleged to have caused the damage. 10 d. The department shall establish and administer an 11 electronic case management system accessible via the 12 department’s internet site. The electronic case management 13 system shall allow a person to view, download, or print 14 documents contained in a case file, including a report alleging 15 damages caused by drift and information related to that report, 16 including any information submitted by a licensee or the owner 17 or lessee of land where the pesticide was to be applied. The 18 case file is not required to include information that directly 19 relates to an ongoing investigation or pending administrative 20 enforcement action. However, the case file shall include any 21 information regarding the date, time, specific location, and 22 immediate facts and circumstances surrounding the alleged 23 drift. The electronic case management system shall allow a 24 person to determine the administrative status of a report, the 25 department’s final determination regarding the report, and 26 any decision by the department to take administrative action 27 against a licensee who is responsible for causing the drift as 28 claimed in the report. 29 3. The filing of such a report or failure to give notice 30 shall not preclude recovery in an action for damages and shall 31 not affect the limitations of actions set forth in chapter 614 . 32 Nothing herein shall prohibit an action for damages for bodily 33 injury or death to any person. 34 a. The filing of such report or the failure to file such a 35 -2- LSB 5827XS (3) 88 da/ns 2/ 4
S.F. 2211 report shall not be a violation of this chapter . However, if 1 the person failing to file such report is the only one injured 2 from such use or application of a pesticide by others, the 3 secretary department may, when in the public interest, refuse 4 to hold a hearing for the denial, suspension , or revocation of 5 a license or permit issued under this chapter until such report 6 is filed. 7 b. Where damage is alleged to have occurred, the claimant 8 person filing the report shall permit the secretary department , 9 the licensee , and the licensee’s representatives, such as 10 surety or insurer, to observe within reasonable hours the lands 11 or nontarget organism alleged to have been damaged in order 12 that such damage may be examined. Failure The failure of the 13 claimant person to permit such observation and examination of 14 the damaged lands damage shall automatically bar the claim 15 against the licensee. 16 4. The secretary department shall require, by rule, that 17 veterinarians a veterinarian licensed and practicing veterinary 18 medicine in the this state promptly report to the department a 19 case of domestic livestock poisoning or suspected poisoning by 20 agricultural chemicals. 21 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 22 importance, takes effect upon enactment. 23 Sec. 4. APPLICABILITY. This Act does not require the 24 department of agriculture and land stewardship to provide 25 access to the electronic case management system in order to 26 view, download, or print documents that were filed with the 27 department prior to January 1, 2021. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 BILL’S PROVISIONS. This bill amends the “Pesticide Act of 32 Iowa” (Code chapter 206), which is administered and enforced by 33 the department of agriculture and land stewardship (DALS) under 34 the supervision of the secretary of agriculture. The bill 35 -3- LSB 5827XS (3) 88 da/ns 3/ 4
S.F. 2211 requires DALS to establish and administer an electronic case 1 management system (system) accessible by a member of the public 2 using DALS’ internet site. The system must allow a person to 3 view, download, or print documents contained in a case file, 4 including documents relating to a report in which there is a 5 claim of damages resulting from the drift of a pesticide. It 6 must also allow a person to determine the administrative status 7 of a report, the department’s final determination regarding 8 the report, and any decision by the department to take 9 administrative action against a licensee who is responsible for 10 causing the drift as claimed in the report. 11 BACKGROUND. A pesticide is any substance used to prevent, 12 destroy, repel, or mitigate damages caused by insects, rodents, 13 nematodes, fungi, weeds, or other forms of plant or animal life 14 or viruses (Code section 206.2). A person who claims damages 15 incurred as a result of the application of pesticides may file 16 a report with DALS, which may conduct an investigation (Code 17 section 206.14). DALS may suspend or revoke an applicator’s 18 license for negligence (Code section 206.11) and may establish, 19 assess, and collect civil penalties for violations by 20 commercial applicators for an amount not to exceed $500 for 21 each offense (Code section 206.19). 22 EFFECTIVE DATE. The bill takes effect upon enactment. 23 APPLICABILITY. The bill provides that DALS is not required 24 to provide access to the system to view, download, or print 25 documents that were filed with the department prior to January 26 1, 2021. 27 -4- LSB 5827XS (3) 88 da/ns 4/ 4