| Last Action | 03/17/20: recommitted to Appropriations & Revenue (H) |
|---|---|
| Title | AN ACT relating to fertilizer and pesticide use and application. |
| Bill Documents | Introduced |
| Fiscal Impact Statement | Fiscal Note |
| Bill Request Number | 927 |
| Sponsors | M. Hart, K. Bratcher |
| Summary of Original Version | Repeal and reenact KRS 217B.040 to define terms; repeal and reenact KRS 217B.140 to clarify the procedures for claims of, and investigations into, pesticide misuse by an applicator; repeal and reenact KRS 217B.500 to define terms; amend KRS 217B.505 to reduce the number of board members from seven to six on the Structural Pest Management Advisory Board; require that the board meet no less than two times per year; repeal and reenact KRS 217B.515 to establish the registration and examination requirements for any person engaging in structural pest management or structural fumigation; specify licensing requirements for any persons holding only a termite or general pest control license or a fumigation license; establish that licenses shall expire annually; authorize the department to promulgate administrative regulations relating to structural pest management and structural fumigation; allow the department to assess fees for such licenses and costs related to the administration of examinations; amend various sections of KRS Chapter 217B to remove limitations on fees for pesticide-related licenses and make technical corrections; remove the requirement that pesticide-related license applications must include details of any equipment used by the applicant to apply pesticides; remove set fees for pesticide operator licenses; remove the set fees for pesticide application licenses; authorize the Department of Agriculture to set fees for noncommercial licenses; authorize the department to issue noncommercial applicator licenses to, and waive fees for, qualifying prison inmates and other incarcerated persons; remove the specific amount for pesticide dealer registration fees and annual renewal fees; remove the specific amount for pesticide dealer branch office registration fees and annual renewal fees; specify violations for which the department may assess civil penalties; specify eligibility requirements for commercial licensing, noncommercial licensing, dealer registration, or structural pest management company registration provisions shall not apply; remove the specific amount for pesticide sales agent license registration fees and annual renewal fees; remove the specific amount for pesticide applicator trainee registration fees; authorize the department to promulgate administrative regulations for the regulation of pesticides sold and used in the Commonwealth; establish the powers and duties of the board; specify the requirements for applicants for an operator’s license; specify examination requirements for commercial structural pest management operator examinations; remove the specific amount for examination fees; authorize the department to promulgate administrative regulations for license testing fees; specify requirements of operator license holders; require structural pest management companies and employers of noncommercial applicators to register annually and pay a fee for each office; require nonresident operators, applicators, and structural pest management companies to designate a resident agent upon whom service of process may be made to enforce the provisions of KRS 217B.515 to KRS 217B.585; specify violations of KRS 217B.515 to KRS 217B.585 for which the department may assess civil penalties; require structural pest management companies to register trainees with the department; authorize the department to promulgate administrative regulations to establish additional requirements for trainees and a fee for registration; authorize the department to promulgate administrative regulations on the identification of vehicles utilized by structural pest management companies; establish that each structural management company and employer of a non-commercial applicator shall be responsible for the actions of its employees or agents in performing structural pest management services; specify actions for an injunction against any person violating or threatening to violate provisions of KRS Chapter 217B or any administrative regulation; establish penalties for offenses; create a new section of KRS Chapter 217B to establish liability insurance requirements for structural pest management companies; create a new section of KRS Chapter 217B to prohibit local regulation of pesticides; repeal KRS 217B.100; 217B.103; 217B.170; 217B.260; 217B.300; 217B.320; and 217B.575. |
| Index Headings of Original Version |
Fiscal Note - Fertilizer and pesticide, storage, use, application of Hazardous Materials - Fertilizer and pesticide, storage, use, application of Licensing - Fertilizer and pesticide, applicator, trainee, dealer, office, licensing of Local Government - Fertilizer and pesticide, local regulation, prohibition of Occupations and Professions - Fertilizer and pesticide, applicator, trainee, dealer, licensing of Pollution - Fertilizer and pesticide, storage, use, application of Administrative Regulations and Proceedings - Fertilizer and pesticide, Department of Agriculture, promulgate regulations, authority to Agriculture - Fertilizer and pesticide, storage, use, application of Attorney General - Fertilizer and pesticide, violations, penalties Advisory Boards, Commissions, and Committees - Pest Control Advisory Board, Pest Management Advisory Board, renaming |
| Jump to Proposed Amendments |
House Committee Substitute 1 House Floor Amendment 1 |
| 02/03/20 |
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|---|---|
| 02/05/20 |
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| 02/06/20 |
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| 03/11/20 |
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| 03/12/20 |
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| 03/17/20 |
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| Amendment | House Committee Substitute 1 |
|---|---|
| Summary | Retail original provisions; amend KRS 217B.040 to remove recommendations from the definition of pesticide sales agent; amend KRS 217B.070 to increase the pesticide operator's license fee to $100; amend KRS 217B.080 to remove references to equipment and to increase the pesticide applicator fee to $25; amend KRS 217B.090 to increase the noncommercial applicator fee to $10; amend KRS 217B.105 to increase the dealer registration fee to $75 and increase the branch office fee to $50; amend KRS 217B.120 to remove making recommendations for pesticide applications from the list of actions that may incur civil penalties; amend KRS 217B.185 to remove language requiring applicants for licensure to show upon examination that the applicant possesses adequate knowledge concerning the proper use and application of pesticides; to increase the pesticide sales agent license fee to $25; to remove language prohibiting recommendations for the use or application of pesticides; and to remove language prohibiting license issuance reliant upon an applicant holding a valid certification within the category; amend KRS 217B.187 to increase the trainee application fee to $25; amend KRS 217B.500 to add the term noncommercial applicator to the definition of "office"; amend KRS 217B.535 to create a $100 fee for annual structural pest management operator licenses and a $50 fee for each office; amend KRS 217B.560 to create a $25 fee for structural pest management company trainees; amend KRS 217B.580 to make technical corrections; remove language in Section 35 prohibiting localities from adopting local ordinances or regulations related to pesticides; create a new section relating to structural pest management company registration and creates a $75 registration fee; create a new section relating to structural pest management applicators and creates $25 registration fee for applicants. |
| Index Headings |
Administrative Regulations and Proceedings - Fertilizer and pesticide, Department of Agriculture, promulgate regulations Agriculture - Fertilizer and pesticide, storage, use, application of Attorney General - Fertilizer and pesticide, violations, penalties Hazardous Materials - Fertilizer and pesticide, storage, use, application of Licensing - Fertilizer and pesticide, applicator, trainee, dealer, office, licensing Occupations and Professions - Fertilizer and pesticide, applicator, trainee, dealer, licensing of Pollution - Fertilizer and pesticide, storage, use, application of |
| Amendment | House Floor Amendment 1 |
|---|---|
| Sponsor | J. Graviss |
| Summary | Amend KRS 217B.050 to authorize the Department of Agriculture to develop a regulatory program for the application of pesticides for lawn care and mosquito control. |
| Index Headings |
Administrative Regulations and Proceedings - Fertilizer and pesticide, Department of Agriculture, regulatory program Agriculture - Fertilizer and pesticide, lawn care and mosquito control, regulatory program Hazardous Materials - Fertilizer and pesticide, lawn care and mosquito control, regulatory program Pollution - Fertilizer and pesticide, lawn care and mosquito control, regulatory program |
Last updated: 10/27/2020 12:10 PM (EDT)
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