98RS HB483


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HB 483 (BR 1412) - D. Graham

     AN ACT relating to the "Kentucky Fertilizer and Pesticide Storage, and Pesticide Use and Application Act."
     Amend various sections of KRS 217B relating to pesticides to redefine pesticide applicator as any individual employed by a pesticide operator to apply pesticides; redefine pesticide operator as any individual who owns or manages a pesticide application business which is engaged in the business of applying pesticide upon lands of another; define full service firm, trainee, direct on-the-job supervision, branch office, applicant, pesticide dealer, dealer agent, and "substantially in the business"; allow the Department of Agriculture by regulation to develop and implement pesticide state management plans if required by the federal government; delete the provision that allows a person not to pay additional license fees if he desires to be licensed in more than one license classification, prohibit a limited license from being upgraded without retesting; allow an applicant who provides a copy of a valid Certified Crop Advisor certification to the department to have the fee for the consultant license waived; prohibit any person from acting in the capacity of a full service firm without having registered as a full service firm with the department; require full service firms to meet certain standards and to pay an application fee of $50; require branch offices to pay a registration fee of $25; require a pesticide dealer to register rather than to obtain a license; raise the fee from $5 to $25; require the department to establish a licensure program for dealer agents; prohibit any person from selling or making recommendations for the use of restricted use pesticides unless he is licensed as a dealer agent; require a fee of $5 for application for a dealer agent; require the department to establish a program to register trainees; prohibit a trainee from acting as an employee of a firm and applying pesticides manually, or as the applicator directly in charge of any equipment which is licensed under the chapter without being registered with the department and being under the direct on-the-job supervision of an operator or applicator licensed by the department; require a $5 charge for a trainee to register with the department; allow the department to assess civil penalties pursuant to 217B.193, in addition to the existing authority allowing the department to suspend or modify licenses, if it finds that the applicant has committed any of a number of listed acts; add to the list of acts; increase the amount of the surety bond or liability insurance required for a full service firm to one million dollars from $100,000 for public liability and drop the requirement for property damage; delete the provision that required a farmer owner of ground equipment applying nonrestricted use pesticides for himself or his farmer neighbors, to identify by a license plate or decal all equipment not engaged in the application of pesticides for hire; allow that the registration provisions of Section 8 of the Act do not apply to any public operator; allow that the provisions of KRS 217B.020 to 217B.180 relating to licenses shall not apply to any public utility applying non-restricted use pesticides on the utility's rights-of-way; when any of the requirements of the chapter or administrative regulations have not been complied with, require the Commissioner to issue an order for immediate compliance and assess the civil penalty provided for in KRS 217B.193 and .990, or set forth in his notice a reasonable time period for the abatement of the violation; apply the restriction on local control, to the regulation of pesticide sale or use rather than "agriculture and silviculture" pesticide sale or use; provide that KRS 217B.300 (2), (3), and (4) relating to notification and information requirements shall not apply to any golf course or its employees; provide exceptions and specific provisions for golf courses;


     HCS - Retain new sections of KRS 217B, relating to definitions; reinstate provisions of KRS 217B.070, relating to firms or partnerships; delete the provision that allows that the provisions of KRS 217B.020 to 217B.180 relating to licenses shall not apply to any public utility applying non-restricted-use pesticides on the utility's rights-of-way; retain remainder of provisions of bill.

     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
     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; 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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