HF 148 (LSB 1200YH (2) 91)

HOUSE FILE 148

BY  BAGNIEWSKI

A BILL FOR

An Act regulating commercial transactions involving commercial sod containing entwined plastic netting, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  199A.1  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Commercial sod” or “sod” means any variety of grass planted on a layer of soil and cut into pallets or rolls for transport and permanent installation on land.
   2.  “Department” means the department of agriculture and land stewardship.
   3.  “Entwined commercial sod” means commercial sod that is entwined with plastic netting in a manner that increases its stability.
    Sec. 2.  NEW SECTION.  199A.2  Sales notice —— offense.
   A person engaged in the business of selling commercial sod on a wholesale or retail basis shall not sell or offer for sale entwined commercial sod, unless the person notifies a person purchasing the sod that the sod is entwined commercial sod.
    Sec. 3.  NEW SECTION.  199A.3  Installation notice —— offense.
   A person engaged in the business of installing commercial sod on real property owned by another person shall not install entwined commercial sod on the real property, unless the person notifies a person owning the land that the commercial sod is entwined commercial sod.
    Sec. 4.  NEW SECTION.  199A.4  Notice requirements.
   The department shall adopt rules providing requirements for the type of notice required under this chapter. The notice may be in the form of a label, conspicuously placed placard, or written statement that meets requirements established by the department.
    Sec. 5.  NEW SECTION.  199A.5  Rules.
   The department shall adopt rules necessary or desirable to administer this chapter.
    Sec. 6.  NEW SECTION.  199A.6  Penalty.
   A person committing a violation of this chapter is guilty of a simple misdemeanor punishable by a fine of five hundred dollars.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill regulates certain commercial sod (sod) planted on a layer of soil and cut into pallets or rolls for transport and permanent installation on land. The bill’s provisions are administered by the department of agriculture and land stewardship (DALS). It addresses two situations: first, the purchase of sod for later installation; and second, the purchase of the sod’s installation. In each of the two situations, notice has to be provided to a purchaser if the sod is entwined with plastic netting. In the first situation, notice must be given to the purchaser of the sod by a person selling the sod; and in the second situation, notice must be given to the purchaser of the sod’s installation by the person installing the sod. DALS is responsible for adopting rules providing for notice requirements. A person who violates a notice requirement is guilty of a simple misdemeanor punishable by a fine of $500.