Senate
File
370
-
Introduced
SENATE
FILE
370
BY
KAPUCIAN
A
BILL
FOR
An
Act
relating
to
the
use
of
certain
pesticides,
by
providing
1
for
a
fee
increase,
the
establishment
of
a
fund,
and
making
2
appropriations.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
206.5,
subsection
2,
paragraph
a,
Code
1
2019,
is
amended
to
read
as
follows:
2
a.
A
commercial
applicator
shall
pay
a
seventy-five
dollar
3
fee
for
a
three-year
certification.
A
public
applicator
or
a
4
private
applicator
shall
pay
a
fifteen
thirty
dollar
fee
for
a
5
three-year
certification.
6
Sec.
2.
Section
206.5,
subsection
2,
Code
2019,
is
amended
7
by
adding
the
following
new
paragraph:
8
NEW
PARAGRAPH
.
c.
Moneys
collected
by
the
department
from
9
certification
fees
shall
be
credited
to
the
administration
fund
10
created
in
section
206.5A.
11
Sec.
3.
NEW
SECTION
.
206.5A
Pesticide
administration
and
12
enforcement
fund.
13
1.
A
pesticide
administration
and
enforcement
fund
is
14
created
in
the
state
treasury
under
the
management
and
control
15
of
the
department.
16
2.
The
fund
shall
include
moneys
collected
by
the
department
17
in
fees
as
provided
in
section
206.5
and
moneys
appropriated
18
by
the
general
assembly.
The
fund
may
include
other
moneys
19
available
to
and
obtained
or
accepted
by
the
department,
20
including
moneys
from
public
or
private
sources.
21
3.
Moneys
in
the
fund
are
appropriated
to
the
department
22
and
shall
be
used
exclusively
to
administer
and
enforce
the
23
provisions
of
this
chapter
as
determined
and
directed
by
the
24
department,
and
shall
not
require
further
special
authorization
25
by
the
general
assembly.
26
4.
a.
Notwithstanding
section
12C.7,
interest
or
earnings
27
on
moneys
in
the
fund
shall
be
credited
to
the
fund.
28
b.
Notwithstanding
section
8.33,
moneys
credited
to
the
fund
29
that
remain
unexpended
or
unobligated
at
the
end
of
a
fiscal
30
year
shall
not
revert
to
any
other
fund.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
BILL’S
PROVISIONS.
This
bill
amends
Code
chapter
206,
35
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the
“Pesticide
Act
of
Iowa”,
which
is
administered
by
the
1
department
of
agriculture
and
land
stewardship
(DALS).
The
2
bill
increases
the
amount
of
a
fee
required
to
be
paid
by
a
3
public
or
private
applicator
before
obtaining
a
three-year
4
certification.
All
certification
fees
are
credited
to
a
new
5
pesticide
administration
and
enforcement
fund
under
DALS’
6
management
and
control
to
be
used
to
administer
and
enforce
the
7
provisions
of
the
Code
chapter.
8
BACKGROUND.
A
person
who
applies
a
restricted-use
pesticide
9
as
designated
by
DALS
rule
must
be
certified
as
a
commercial,
10
public,
or
private
applicator.
In
addition
to
paying
a
fee,
11
the
person
must
pass
an
examination
or
attend
continuing
12
instructional
courses.
A
commercial
applicator
is
a
person
13
engaged
in
the
business
of
applying
pesticides,
a
public
14
applicator
is
a
person
employed
to
apply
pesticides
by
a
state
15
or
local
government,
and
a
private
applicator
is
a
person
who
16
applies
or
supervises
the
use
of
a
pesticide
on
property
owned
17
or
leased
by
the
person.
18
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