Text: HSB701            Text: HSB703


House Study Bill 702

HOUSE FILE BY (PROPOSED COMMITTEE ON AGRICULTURE BILL BY CHAIRPERSON MERTZ) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act providing requirements for a nonresident of this state 2 engaged in the aerial application of pesticides, making 3 penalties applicable, and providing an effective date. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 6073HC 82 6 da/rj/14 PAG LIN 1 1 Section 1. Section 206.6, subsection 1, unnumbered 1 2 paragraph 2, Code 2007, is amended by striking the paragraph. 1 3 Sec. 2. Section 206.6, subsection 5, Code 2007, is amended 1 4 to read as follows: 1 5 5. ISSUE COMMERCIAL APPLICATOR LICENSE. If the 1 6 a. The secretary finds the shall approve an application 1 7 and issue a commercial applicator license to the applicant as 1 8 follows: 1 9 (1) The applicant is qualified as found by the secretary 1 10 to apply pesticides in the classifications for which the 1 11 applicant has applied and if the. 1 12 (2) The applicant files the bonds or insurance must 1 13 furnish to the department evidence of financial responsibility 1 14 as required under section 206.13, and if the. 1 15 (3) An applicant applying for a license to engage in 1 16 aerial application of pesticides has met must meet all of the 1 17 requirements of the federal aviation administration, the 1 18 United States department of transportation, and any other 1 19 applicable federal or state laws or regulations to operate the 1 20 equipment described in the application, the. The secretary 1 21 shall adopt by rule, additional requirements for issuing a 1 22 license to a person who is a nonresident of this state engaged 1 23 in the aerial application of pesticides, which may include but 1 24 is not limited to conditions for the operation of the aircraft 1 25 and the application of the pesticides under the supervision of 1 26 a person who is a resident of this state and licensed as a 1 27 commercial applicator under this section or as a pesticide 1 28 dealer under section 206.8. 1 29 b. The secretary shall issue a commercial applicator 1 30 license limited to the classifications for which the applicant 1 31 is qualified, which shall expire at the end of the calendar 1 32 year of issue unless it has been revoked or suspended prior 1 33 thereto by the secretary for cause. The secretary may limit 1 34 the license of the applicant to the use of certain pesticides, 1 35 or to certain areas, or to certain types of equipment if the 2 1 applicant is only so qualified. If a license is not issued as 2 2 applied for, the secretary shall inform the applicant in 2 3 writing of the reasons. 2 4 Sec. 3. EFFECTIVE DATE. This Act, being deemed of 2 5 immediate importance, takes effect upon enactment. 2 6 EXPLANATION 2 7 This bill amends Code section 206.6 which in part requires 2 8 a person who is in the business of applying pesticides to be 2 9 issued a commercial applicator license by the department of 2 10 agriculture and land stewardship, and includes requirements 2 11 for nonresident aerial applicators. 2 12 The bill eliminates special requirements for a person 2 13 licensed as an aerial commercial applicator in another state 2 14 who applies pesticides in this state, including being under 2 15 the direct supervision of an aerial commercial applicator 2 16 licensed in this state. The resident aerial commercial 2 17 licensee is subject to several requirements: (1) being 2 18 jointly liable with the nonresident aerial commercial 2 19 applicator, and (2) immediately notifying the department of 2 20 the commencement and termination of the nonresident's service. 2 21 The bill amends Code section 206.6(5) which regulates all 2 22 commercial applicators, including pesticide aerial 2 23 applicators. The bill provides that the department must adopt 2 24 additional requirements for issuing a license to a person who 2 25 is a nonresident of this state engaged in the aerial 2 26 application of pesticides. The additional requirements may 2 27 include conditions for the operation of the aircraft and the 2 28 application of the pesticides under the supervision of a 2 29 person who is a resident of this state and licensed as a 2 30 commercial applicator or as a pesticide dealer (see Code 2 31 section 206.8). 2 32 Generally, a person who violates a provision of Code 2 33 section 206.6 is guilty of a serious misdemeanor (see Code 2 34 section 206.22). A serious misdemeanor is punishable by 2 35 confinement for no more than one year and a fine of at least 3 1 $315 but not more than $1,875. A person may also be subject 3 2 to a civil penalty as determined by the department of up to 3 3 $500 (see Code section 206.19). 3 4 The bill takes effect upon enactment. 3 5 LSB 6073HC 82 3 6 da/rj/14.1
Text: HSB701            Text: HSB703