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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
|||| 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