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Senate File 2211 - IntroducedA Bill ForAn Act 1providing for the establishment and administration of
2an electronic case management system by the department
3of agriculture and land stewardship for claims involving
4damages resulting from the application of pesticides, and
5including effective date and applicability provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 206.2, Code 2020, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 11A. “Drift” means the movement of a
4pesticide during or immediately after application through the
5air to a site other than the intended site of application.
6 Sec. 2. Section 206.14, Code 2020, is amended to read as
7follows:
8206.14 Reports of pesticide accidents, incidents or loss —9 damages — electronic case management system.
101. The secretary department may by rule require the
11reporting of significant pesticide accidents or related
12 incidents, including drift, to a designated state agency.
132. Any person claiming damages from a pesticide application
14shall have filed file with the secretary department, on a form
15prescribed by the secretary department, a written statement
16 report claiming that the person has been damaged by a pesticide
17application, including drift, or a related incident.
18a. This The report shall have been must be filed within
19sixty days after the alleged date that damages occurred. If a
20growing crop is alleged to have been damaged, the report must
21be filed prior to the time that twenty-five percent of the crop
22has been harvested. Such statement The report shall contain,
23 but shall not be limited to the name of the person allegedly
24responsible for the application of said the pesticide, the name
25of the owner or lessee of the land on which the crop is grown
26and for which damage is alleged to have occurred, and the date
27on which the alleged damage occurred.
28b. The secretary department shall prepare a form to be
29furnished to persons to be used in such cases opened by the
30filing of a report and such form shall contain such other
31requirements as the secretary department may deem proper. The
32department shall allow a person to complete and file a form as
33part of the department’s electronic case management system as
34provided in this subsection.
35c. The secretary department shall, upon receipt of such
-1-1statement a report, notify the licensee and the owner or
2lessee of the land or other person who may be charged with the
3responsibility of the damages claimed, and furnish copies of
4such statements reports as may be requested. The secretary
5 department shall inspect damages whenever possible and when
6the secretary department determines that the complaint a
7claim alleged in a report has sufficient merit the secretary
8 department shall make such information available to the person
9claiming damage making the report and to the person who is
10alleged to have caused the damage.
11d. The department shall establish and administer an
12electronic case management system accessible via the
13department’s internet site. The electronic case management
14system shall allow a person to view, download, or print
15documents contained in a case file, including a report alleging
16damages caused by drift and information related to that report,
17including any information submitted by a licensee or the owner
18or lessee of land where the pesticide was to be applied. The
19case file is not required to include information that directly
20relates to an ongoing investigation or pending administrative
21enforcement action. However, the case file shall include any
22information regarding the date, time, specific location, and
23immediate facts and circumstances surrounding the alleged
24drift. The electronic case management system shall allow a
25person to determine the administrative status of a report, the
26department’s final determination regarding the report, and
27any decision by the department to take administrative action
28against a licensee who is responsible for causing the drift as
29claimed in the report.
303. The filing of such a report or failure to give notice
31shall not preclude recovery in an action for damages and shall
32not affect the limitations of actions set forth in chapter 614.
33Nothing herein shall prohibit an action for damages for bodily
34injury or death to any person.
35a. The filing of such report or the failure to file such a
-2-1report shall not be a violation of this chapter. However, if
2the person failing to file such report is the only one injured
3from such use or application of a pesticide by others, the
4secretary department may, when in the public interest, refuse
5to hold a hearing for the denial, suspension, or revocation of
6a license or permit issued under this chapter until such report
7is filed.
8b. Where damage is alleged to have occurred, the claimant
9 person filing the report shall permit the secretary department,
10the licensee, and the licensee’s representatives, such as
11surety or insurer, to observe within reasonable hours the lands
12or nontarget organism alleged to have been damaged in order
13that such damage may be examined. Failure The failure of the
14claimant person to permit such observation and examination of
15the damaged lands damage shall automatically bar the claim
16against the licensee.
174. The secretary department shall require, by rule, that
18veterinarians a veterinarian licensed and practicing veterinary
19medicine in the this state promptly report to the department a
20case of domestic livestock poisoning or suspected poisoning by
21agricultural chemicals.
22 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
23importance, takes effect upon enactment.
24 Sec. 4. APPLICABILITY. This Act does not require the
25department of agriculture and land stewardship to provide
26access to the electronic case management system in order to
27view, download, or print documents that were filed with the
28department prior to January 1, 2021.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32BILL’S PROVISIONS. This bill amends the “Pesticide Act of
33Iowa” (Code chapter 206), which is administered and enforced by
34the department of agriculture and land stewardship (DALS) under
35the supervision of the secretary of agriculture. The bill
-3-1requires DALS to establish and administer an electronic case
2management system (system) accessible by a member of the public
3using DALS’ internet site. The system must allow a person to
4view, download, or print documents contained in a case file,
5including documents relating to a report in which there is a
6claim of damages resulting from the drift of a pesticide. It
7must also allow a person to determine the administrative status
8of a report, the department’s final determination regarding
9the report, and any decision by the department to take
10administrative action against a licensee who is responsible for
11causing the drift as claimed in the report.
12BACKGROUND. A pesticide is any substance used to prevent,
13destroy, repel, or mitigate damages caused by insects, rodents,
14nematodes, fungi, weeds, or other forms of plant or animal life
15or viruses (Code section 206.2). A person who claims damages
16incurred as a result of the application of pesticides may file
17a report with DALS, which may conduct an investigation (Code
18section 206.14). DALS may suspend or revoke an applicator’s
19license for negligence (Code section 206.11) and may establish,
20assess, and collect civil penalties for violations by
21commercial applicators for an amount not to exceed $500 for
22each offense (Code section 206.19).
23EFFECTIVE DATE. The bill takes effect upon enactment.
24APPLICABILITY. The bill provides that DALS is not required
25to provide access to the system to view, download, or print
26documents that were filed with the department prior to January
271, 2021.
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2an electronic case management system by the department
3of agriculture and land stewardship for claims involving
4damages resulting from the application of pesticides, and
5including effective date and applicability provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 206.2, Code 2020, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 11A. “Drift” means the movement of a
4pesticide during or immediately after application through the
5air to a site other than the intended site of application.
6 Sec. 2. Section 206.14, Code 2020, is amended to read as
7follows:
8206.14 Reports of pesticide accidents, incidents or loss —9 damages — electronic case management system.
101. The secretary department may by rule require the
11reporting of significant pesticide accidents or related
12 incidents, including drift, to a designated state agency.
132. Any person claiming damages from a pesticide application
14shall have filed file with the secretary department, on a form
15prescribed by the secretary department, a written statement
16 report claiming that the person has been damaged by a pesticide
17application, including drift, or a related incident.
18a. This The report shall have been must be filed within
19sixty days after the alleged date that damages occurred. If a
20growing crop is alleged to have been damaged, the report must
21be filed prior to the time that twenty-five percent of the crop
22has been harvested. Such statement The report shall contain,
23 but shall not be limited to the name of the person allegedly
24responsible for the application of said the pesticide, the name
25of the owner or lessee of the land on which the crop is grown
26and for which damage is alleged to have occurred, and the date
27on which the alleged damage occurred.
28b. The secretary department shall prepare a form to be
29furnished to persons to be used in such cases opened by the
30filing of a report and such form shall contain such other
31requirements as the secretary department may deem proper. The
32department shall allow a person to complete and file a form as
33part of the department’s electronic case management system as
34provided in this subsection.
35c. The secretary department shall, upon receipt of such
-1-1statement a report, notify the licensee and the owner or
2lessee of the land or other person who may be charged with the
3responsibility of the damages claimed, and furnish copies of
4such statements reports as may be requested. The secretary
5 department shall inspect damages whenever possible and when
6the secretary department determines that the complaint a
7claim alleged in a report has sufficient merit the secretary
8 department shall make such information available to the person
9claiming damage making the report and to the person who is
10alleged to have caused the damage.
11d. The department shall establish and administer an
12electronic case management system accessible via the
13department’s internet site. The electronic case management
14system shall allow a person to view, download, or print
15documents contained in a case file, including a report alleging
16damages caused by drift and information related to that report,
17including any information submitted by a licensee or the owner
18or lessee of land where the pesticide was to be applied. The
19case file is not required to include information that directly
20relates to an ongoing investigation or pending administrative
21enforcement action. However, the case file shall include any
22information regarding the date, time, specific location, and
23immediate facts and circumstances surrounding the alleged
24drift. The electronic case management system shall allow a
25person to determine the administrative status of a report, the
26department’s final determination regarding the report, and
27any decision by the department to take administrative action
28against a licensee who is responsible for causing the drift as
29claimed in the report.
303. The filing of such a report or failure to give notice
31shall not preclude recovery in an action for damages and shall
32not affect the limitations of actions set forth in chapter 614.
33Nothing herein shall prohibit an action for damages for bodily
34injury or death to any person.
35a. The filing of such report or the failure to file such a
-2-1report shall not be a violation of this chapter. However, if
2the person failing to file such report is the only one injured
3from such use or application of a pesticide by others, the
4secretary department may, when in the public interest, refuse
5to hold a hearing for the denial, suspension, or revocation of
6a license or permit issued under this chapter until such report
7is filed.
8b. Where damage is alleged to have occurred, the claimant
9 person filing the report shall permit the secretary department,
10the licensee, and the licensee’s representatives, such as
11surety or insurer, to observe within reasonable hours the lands
12or nontarget organism alleged to have been damaged in order
13that such damage may be examined. Failure The failure of the
14claimant person to permit such observation and examination of
15the damaged lands damage shall automatically bar the claim
16against the licensee.
174. The secretary department shall require, by rule, that
18veterinarians a veterinarian licensed and practicing veterinary
19medicine in the this state promptly report to the department a
20case of domestic livestock poisoning or suspected poisoning by
21agricultural chemicals.
22 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
23importance, takes effect upon enactment.
24 Sec. 4. APPLICABILITY. This Act does not require the
25department of agriculture and land stewardship to provide
26access to the electronic case management system in order to
27view, download, or print documents that were filed with the
28department prior to January 1, 2021.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32BILL’S PROVISIONS. This bill amends the “Pesticide Act of
33Iowa” (Code chapter 206), which is administered and enforced by
34the department of agriculture and land stewardship (DALS) under
35the supervision of the secretary of agriculture. The bill
-3-1requires DALS to establish and administer an electronic case
2management system (system) accessible by a member of the public
3using DALS’ internet site. The system must allow a person to
4view, download, or print documents contained in a case file,
5including documents relating to a report in which there is a
6claim of damages resulting from the drift of a pesticide. It
7must also allow a person to determine the administrative status
8of a report, the department’s final determination regarding
9the report, and any decision by the department to take
10administrative action against a licensee who is responsible for
11causing the drift as claimed in the report.
12BACKGROUND. A pesticide is any substance used to prevent,
13destroy, repel, or mitigate damages caused by insects, rodents,
14nematodes, fungi, weeds, or other forms of plant or animal life
15or viruses (Code section 206.2). A person who claims damages
16incurred as a result of the application of pesticides may file
17a report with DALS, which may conduct an investigation (Code
18section 206.14). DALS may suspend or revoke an applicator’s
19license for negligence (Code section 206.11) and may establish,
20assess, and collect civil penalties for violations by
21commercial applicators for an amount not to exceed $500 for
22each offense (Code section 206.19).
23EFFECTIVE DATE. The bill takes effect upon enactment.
24APPLICABILITY. The bill provides that DALS is not required
25to provide access to the system to view, download, or print
26documents that were filed with the department prior to January
271, 2021.
-4-da/ns