98RS HB480


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HB 480 (BR 1413) - D. Graham

     AN ACT relating to structural commercial and noncommercial pest control and fumigation.
     Create Chapter 217D of the Kentucky Revised Statutes to address the regulation of structural commercial and noncommercial pest control and fumigation; create new sections of KRS 217D to establish definitions relating to pest control; to give the Department of Agriculture the authority to promulgate administrative regulations and to require the department to promulgate administrative regulations establishing certain categories and classifications of licenses; to allow the department to categorize and classify certain pest-related licenses; to require licenses before being able to distribute or use pesticides, with some exemptions; to establish fees for different kinds of licenses; to establish criteria for a person or firm to meet to receive different kinds of licenses; to establish testing, eligibility, and certification requirements that an individual must meet or pass before being issued a license; to establish the criteria an individual must meet in order to be exempt from the testing requirements of the chapter; to provide the procedure to be used if a firm loses its designated license holder; to explain the criteria for renewing a license; to develop minimum training requirements for license holders; to establish a program for escrowing a license and getting a license out of escrow; to require an applicant for a license to provide evidence of financial responsibility; to require the maintaining of records; to require equipment, vehicles, and machinery used by firms to be inspected and have visible identification on the vehicles; to allow the department to enter into agreements with any state or federal agency to carry out the provisions of this chapter; to prohibit any local regulation of pesticides and to make void any existing local regulations; to establish a Pest Control Advisory Board and stipulate its duties; to establish a grievance and hearing procedure in case a license is denied, suspended, or revoked; to limit the liability of individuals who accidentally pollute resources of the state unless negligence or lack of due care is shown; to require the department or the Attorney General to bring action against violators of this chapter; to require the department to establish a program for informal settlement conferences and proceedings; to allow the department to issue subpoenas; to allow the department to enter any premise to enforce the provisions of this chapter; to allow the department to deny, suspend, revoke, or modify a license if a firm commits certain violations; to require the commissioner to issue a notice of violation to any licensed firm that violates any provisions of this chapter; to require all money collected from licensing fees and civil penalties to be deposited in the State Treasury for use by the Department of Agriculture; and to establish penalties for violating the provisions of this chapter; amend KRS 217B.990 to delete references to KRS 217B.515 to 217B.585 and to make technical corrections; and, repeal KRS 217B.500 to 217B.585.


     HCS (1) - Retain original provisions of the bill, with the following changes: Clarify that the chapter deals with structural pesticide use and distribution; delete the definitions "Defoliant", "Plant", "Plant regulator", and "Weed"; define "Structural pesticides"; limit the total amount that an individual pays for license fees to one hundred dollars, if the individual desires to be licensed in more than one classification within a category, or in more than one category; reduce the required liability coverage from three hundred thousand dollars to two hundred thousand dollars; increase the membership of the Pest Control Advisory Board from seven to nine; make the duties of the Board mandatory instead of permissive; and make technical corrections.
     HCS (2) - Delete section providing limitations on civil liability; remove lower limit on license suspension days; require that license suspensions be based on past performance and nature of violation on a case-by-case basis; remove preemption of local ordinances relating to pesticide application and licensing.

     Feb 3-introduced in House
     Feb 4-to Agriculture and Small Business (H)
     Feb 9-posted in committee
     Feb 12-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 17-2nd reading, to Rules
     Feb 23-recommitted to Judiciary (H)
     Mar 6-posted in committee
     Mar 10-reported favorably, to Rules with Committee Substitute (2); posted for passage in the Regular Orders of the Day for March 11, 1998
     Mar 20-recommitted to Appropriations and Revenue (H)

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