2000 Legislation
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HOUSE BILL NO. 555 – Irrigation system/chemicals/license

HOUSE BILL NO. 555

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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

Bill Text


 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 / Fiscal Impact


     
     
                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