Agriculture/State Entomologist Duties

HOUSE FILE 801—Committee on Agriculture (Floor Manager Representative Struyk)

STATE ENTOMOLOGIST DUTIES

Description:

House File 801 as originally drafted proposed to grant the state entomologist broad and expansive power to prohibit a person from transferring a plant or plant product within the state unless the product has been inspected and certified as required by the state entomologist if the state entomologists deems the plant or plant material poses a risk to vegetation in this state. The bill was amended during House Floor consideration to eliminate provisions in the original bill that struck and replaced current Code language and thus retained language that limited the state entomologist’s ability to proscribed plants or plant materials to those listed in the rules unless such plants or plant products have been officially inspected and a certificate issued. HF 801 was also amended through House Floor action to provide session law direction to the state entomologist to add the emerald ash borer Agrilus planipennis to administrative rule IAC 21-46.15 and directs the state entomologist to cooperate with DNR to devise administrative rule to reduce the risk of emerald ash borer infestation that might be present in firewood. Other provisions in HF 801 seek to clarify that the Iowa Department of Agriculture and Land Stewardship (IDALS) has authority to certify plants and plant products for international and interstate export and codifies IDALS’ ability to enter into memorandum of understanding and cooperative agreements with the federal United States Department of Agriculture Animal Plant Health Inspection Service Plant Protection Quarantine (USDA-APHIS-PPQ). HF 801 was seeks to address a growing concern that has arisen with recent outbreaks of emerald ash borer in states to the east of Iowa. If an emerald ash borer infestation should occur in Iowa, this outbreak could metastasize throughout the state through the movement of firewood or infected transplantings within the state. This might happen with persons who bring their own firewood with them to Iowa parks for use in recreational fires, or through firewood that might be sold by private party or retail establishments for home use.

The bill was controversial as it was originally drafted because the way the language was structured it could be interpreted as prohibiting the transfer of any plant products within the state, even those not listed, such as iris bulbs, peonies root stalks or rhubarb roots that frequently occur between neighbors and aging grandparent and grandchildren.

HOUSE ACTION:

The House considered, amended, and PASSED HF 801 as amended on March 21, 2007, by a unanimous 99-aye vote with:

46 Republicans and 53 Democrats voting AYE, and

1 Democrats absent or not voting.

On the question “Shall the bill pass?” (H.F. 801)

The ayes were, 99:

Abdul-Samad Alons Anderson Arnold

Bailey Baudler Bell Berry

Boal Bukta Chambers Clute

House Journal

March 21, 2007

Page 972

Cohoon Dandekar Davitt De Boef

Deyoe Dolecheck Drake Foege

Ford Forristall Frevert Gaskill

Gayman Gipp Granzow Grassley

Greiner Heaton Heddens Hoffman

Horbach Hunter Huseman Huser

Jacobs Jacoby Jochum Kaufmann

Kelley Kressig Kuhn Lensing

Lukan Lykam Mascher May

McCarthy Mertz Miller, H. Miller, L.

Murphy, Spkr. Oldson Olson, D. Olson, R.

Olson, S. Olson, T. Palmer Paulsen

Petersen Pettengill Quirk Raecker

Rants Rasmussen Rayhons Reichert

Roberts Sands Schickel Schueller

Shomshor Smith Soderberg Staed

Struyk Swaim Taylor, D. Taylor, T.

Thomas Tjepkes Tomenga Tymeson

Upmeyer Van Engelenhoven Van Fossen Watts

Wendt Wenthe Wessel-Kroeschell Whitaker

Whitead Wiencek Winckler Windschitl

Wise Worthan Reasoner, Presiding

The nays were, none.

Absent or not voting, 1:

Zirkelbach

The bill having received a constitutional majority was declared to have passed the House and the title was agreed to.

HOUSE AMENDMENTS:

H-1408, by Struyk, eliminated the striking and replacement of current Code language that limited the proscribed plants or plant materials to those listed in the rules unless such plants or plant products have been officially inspected and a certificate issued. The amendment retains an aspect of the stricken language that is actually moved into a new subsection created by the bill that deals with IDALS authority to certify plants and plant products for international and interstate export and codifies IDALS’ ability to enter into memorandum of understanding and cooperative agreements with the federal United States Department of Agriculture Animal Plant Health Inspection Service Plant Protection Quarantine (USDA-APHIS-PPQ). H-1408 also provides session law direction to the state entomologist to add the emerald ash borer Agrilus planipennis to administrative rule IAC 21-46.15 and directs the state entomologist to cooperate with DNR to devise administrative rule to reduce the risk of emerald ash borer infestation that might be present in firewood. H-1408 as amended was ADOPTED on a voice vote.

H-1417, by Struyk, made two technical correction to the bill involving renumbering in the Code

and adding back some missing words in regards to the list of proscribed plants listed in

administrative rules. H-1417 was ADOPTED on a voice vote.

SENATE/FINAL ACTION:

The Senate funneled HF 801 by not considering it in the Committee of referral the Senate Agriculture Committee by the end of the thirteenth week of session.

House File 801 page 1