SF 554 (LSB 2586SV (2) 88)

SENATE FILE 554

BY  COMMITTEE ON AGRICULTURE

(SUCCESSOR TO SF 370)

A BILL FOR

An Act establishing a pesticide administration and enforcement fund and making appropriations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 206.5, subsection 2, Code 2019, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  Moneys collected by the department from certification fees shall be credited to the administration fund created in section 206.5A.
    Sec. 2.  NEW SECTION.  206.5A  Pesticide administration and enforcement fund.
   1.  A pesticide administration and enforcement fund is created in the state treasury under the management and control of the department.
   2.  The fund shall include moneys collected by the department in fees as provided in section 206.5 and moneys appropriated by the general assembly. The fund may include other moneys available to and obtained or accepted by the department, including moneys from public or private sources.
   3.  Moneys in the fund are appropriated to the department and shall be used exclusively to administer and enforce the provisions of this chapter as determined and directed by the department, and shall not require further special authorization by the general assembly.
   4.  a.  Notwithstanding section 12C.7, interest or earnings on moneys in the fund shall be credited to the fund.
   b.  Notwithstanding section 8.33, moneys credited to the fund that remain unexpended or unobligated at the end of a fiscal year shall not revert to any other fund.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   BILL’S PROVISIONS. This bill amends Code chapter 206, the “Pesticide Act of Iowa”, which is administered by the department of agriculture and land stewardship (DALS). The bill provides that all certification fees are credited to a new pesticide administration and enforcement fund under DALS’ management and control to be used to administer and enforce the provisions of the Code chapter. 
   BACKGROUND. A person who applies a restricted-use pesticide as designated by DALS rule must be certified as a commercial, public, or private applicator. In addition to paying a fee, the person must pass an examination or attend continuing instructional courses. A commercial applicator is a person engaged in the business of applying pesticides, a public applicator is a person employed to apply pesticides by a state or local government, and a private applicator is a person who applies or supervises the use of a pesticide on property owned or leased by the person.