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H0555...............................................by AGRICULTURAL AFFAIRS
IRRIGATION - CHEMICALS - Amends existing law relating to pesticides and
chemigation law to clarify that persons using chemicals in an irrigation
system are not exempted from any licensing requirements.
02/11 House intro - 1st rdg - to printing
02/14 Rpt prt - to Agric Aff
02/25 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
02/29 3rd rdg - PASSED - 65-0-5
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford,
Loertscher, Mader, Marley, Meyer, Mortensen, Moss, Moyle, Pearce,
Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer(Tiegs), Sellman, Shepherd, Smith, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Zimmermann
NAYS -- None
Absent and excused -- Gould, McKague, Montgomery, Wood, Mr Speaker
Floor Sponsor - Judd
Title apvd - to Senate
03/01 Senate intro - 1st rdg - to Agric Aff
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/28 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Burtenshaw
Title apvd - to House
03/29 To enrol
03/30 Rpt enrol - Sp signed - Pres signed
03/31 To Governor
04/03 Governor signed
Session Law Chapter 159
Effective: 07/01/00
H0555
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 555
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO PESTICIDES AND CHEMIGATION LAW; AMENDING SECTION
3 22-3404, IDAHO CODE, TO CLARIFY THAT THOSE PERSONS USING CHEMICALS IN AN
4 IRRIGATION SYSTEM ARE NOT EXEMPTED FROM ANY LICENSING REQUIREMENTS; AND
5 PROVIDING AN EFFECTIVE DATE.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 22-3404, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 22-3404. PESTICIDE AND CHEMIGATION APPLICATORS -- CLASSIFICATION LICENS-
10 ING REQUIREMENTS. (1) The director may classify pesticide applicator licenses
11 issued under this act. Such classifications may include, but are not limited
12 to, professional and private applicators. Separate licensing requirements and
13 testing procedures may be utilized for each classification.
14 (2) Professional Applicators -- no person shall act as a professional
15 applicator without first obtaining a professional applicator's license issued
16 by the department.
17 (a) Application for a license shall be on a form prescribed by the
18 department and shall be accompanied by a fee as prescribed by rule; and
19 (b) on the application for a license to perform chemigation, the appli-
20 cant must certify that the equipment and system he plans to use for chemi-
21 gation meet department standards and that the owner and persons operating
22 the equipment have read the Idaho rules for chemigation and that the owner
23 intends to operate and maintain the chemigation system according to the
24 rules. On the application for licensure, the department may require other
25 information as it deems necessary; and
26 (c) an applicant must be at least eighteen (18) years of age and must
27 pass the department's examination in order to demonstrate his knowledge of
28 how to apply, use and handle pesticides or chemicals in areas relevant to
29 the operations he intends to undertake, or proper equipment and methods
30 for injecting chemicals through irrigation systems; and
31 (d) show proof of financial responsibility as prescribed by rule; and
32 (e) an examination fee will be charged as prescribed by rule and an addi-
33 tional examination fee of five dollars ($5.00) shall be charged when an
34 exam is requested at other than a regularly scheduled examination date;
35 and
36 (f) if at any time a licensed professional applicator fails to maintain
37 the financial responsibility required by paragraph (d) of this subsection,
38 his license shall be automatically suspended until the department receives
39 verification that he is in compliance with paragraph (d) of this subsec-
40 tion.
41 (3) Private Applicator -- no person shall act as a private applicator
42 without first obtaining a private applicator license issued by the department.
43 (a) Application for a license shall be on a form prescribed by the
2
1 department; and
2 (b) on the application for a license to perform chemigation, the appli-
3 cant must certify that the equipment and system he plans to use for chemi-
4 gation meet department standards and that the owner and persons operating
5 the equipment have read the Idaho rules for chemigation and that the owner
6 intends to operate and maintain the chemigation system according to the
7 rules. On the application for licensure, the department may require other
8 information as it deems necessary; and
9 (c) an applicant must be at least eighteen (18) years of age and must
10 pass the department's examination in order to demonstrate his knowledge of
11 how to apply, use and handle pesticides or chemicals in areas relevant to
12 the operations he intends to undertake or proper equipment and methods for
13 injecting chemicals through irrigation systems; and
14 (d) an applicant must pay a license fee as prescribed by rule.
15 (4) If the director finds an applicant qualified for a professional or
16 private applicator's license; and if an applicant applying for a license to
17 engage in the application of pesticides or chemicals has met all of the
18 requirements of any applicable federal or state laws, regulations and rules,
19 the director shall issue the license. The license or permit may restrict the
20 applicant to the use of a certain type or types of equipment, pesticides or
21 chemicals. If a license or permit is not issued as applied for, the department
22 shall inform the applicant in writing of the reasons therefor.
23 (5) The director may by rule require professional applicators to maintain
24 and furnish records forthwith pertaining to the application of pesticides and
25 other relevant information as he may deem necessary.
26 (6) Licenses issued to dealers, professional and private applicators
27 shall expire as designated by the director unless suspended or revoked as pro-
28 vided for in section 22-3409, Idaho Code.
29 (7) Exemptions:
30 (a) The following persons are exempt from subsections (2), (3) and (4) of
31 this section unless the person is applying chemicals through an irrigation
32 system:
33 1. Any person applying pesticides other than restricted-use pesti-
34 cides for himself or on an exchange of service basis, and who does
35 not publicly hold himself out as a professional applicator; and
36 2. any person using hand-powered equipment to apply pesticides other
37 than restricted-use pesticides to lawns, or to ornamental trees and
38 shrubs owned by such person, or as an incidental part of his business
39 of taking care of yards for remuneration, and is not holding himself
40 out as a professional applicator; and
41 3. any industry, governmental, University of Idaho research person-
42 nel and extension research personnel who apply pesticides other than
43 restricted-use pesticides to experimental plots or to demonstrate the
44 use of pesticides; and
45 4. any veterinarian who applies pesticides as an integral part of
46 his business and does not publicly hold himself out as a professional
47 applicator.
48 (b) Federal, state, and other governmental agencies are exempt from the
49 licensing fees provision of subsections (2) and (3) of this section.
50 (c) Professional applicators who do not apply pesticides may receive an
51 exemption from the proof of financial responsibility required in subsec-
52 tion (2)(d) of this section, upon submitting a completed form prescribed
53 by the department.
54 SECTION 2. This act shall be in full force and effect on and after July
3
1 1, 2000.
STATEMENT OF PURPOSE
RS 09756
The 1999 Legislature combined the Idaho Pesticides Law and the Chemigation
Law into Chapter 34, Title 22, Idaho Code, the Pesticides and Chemigation law.
This proposed legislation would clarify that persons applying chemicals through
an irrigation system are not exempt from any licensing requirements in the
Pesticides and Chemigation law.
FISCAL NOTE
None
CONTACT: Rod Awe
Program Manager, Department of Agriculture
208/332-8615
STATEMENT OF PURPOSE/ FISCAL NOTE H 555