FINAL BILL REPORT

                  HB 2448

                         C 170 L 92

                     Synopsis As Enacted

Brief Description:  Changing pesticide licensing laws.

By Representatives Rayburn, Nealey and Rasmussen; by request of Department of Agriculture.

House Committee on Agriculture & Rural Development

Senate Committee on Agriculture & Water Resources

Background:  The registration and distribution of pesticides and the offering of technical advice regarding pesticides is regulated under the Pesticide Control Act.  The use and the possession for use of pesticides is regulated under the Pesticide Application Act.  Both acts require persons to be licensed to perform certain pesticide-related activities.

Summary: License Terms and Fees:  The following licenses are converted from five-year licenses to annual licenses: pesticide dealer manager licenses, private-commercial applicator licenses, and demonstration and research applicator licenses.  Instead of a licensing fee of $50/five years, the fee for each of these licenses is $15/year.  Licenses issued before the effective date of the act continue in effect until the expiration of their five-year term unless revoked for cause.

The licensing fee for private applicator certification is waived for an individual licensed as a pest control consultant or dealer manager under the Pesticide Control Act.  The fee is also waived for those persons who pay other licensing fees under the Pesticide Application Act.

Structural Pest Inspections:  The activities for which a structural pest control inspector's license is required are altered.  Non-commercial activities are no longer exempted.  However, inspecting for damage caused by wood-destroying organisms is exempted if the inspections are solely for the purpose of (1) repairing or making specific recommendations for the repair of such damage, or (2) assessing the monetary value of the structure inspected.  Activities which must be licensed under a structural pest control inspector's license expressly include inspecting the damage caused by wood-destroying organisms and the conditions conducive to their infestation.

Other:  The exemption from commercial applicator licensure provided to a farmer who occasionally applies pesticides to the lands of other farmers is amended.  A farmer may occasionally apply pesticides without such a license for any other person as long as the application is done without compensation, other than an exchange of services between agricultural producers.

A distinction between a ground-based commercial pesticide operator and an aerial-based commercial pesticide operator is no longer made by statute.

Votes on Final Passage:

House  96   0

Senate 45   0   (Senate amended)

House            (House refused)

Senate 47   1   (Senate receded)

Effective:    June 11, 1992