House Bill 365

Actions | Amendments
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

Actions

Top | Amendments
02/03/20
  • introduced in House
02/05/20
  • to Agriculture (H)
02/06/20
  • posted in committee
03/11/20
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
  • floor amendment (1) filed to Committee Substitute
03/12/20
  • 2nd reading, to Rules
03/17/20
  • recommitted to Appropriations & Revenue (H)

Proposed Amendments

Top | Actions
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: 4/3/2020 3:41 PM (EDT)
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