Kansas 2023-2024 Regular Session

Kansas House Bill HB2607 Compare Versions

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Version 2 (New)

Old	New		Differences
	1	+	Session of 2024
1	2		HOUSE BILL No. 2607
2		-	AN ACT concerning agriculture; relating to the Kansas department of agriculture; the
3		-	Kansas pesticide law; the Kansas chemigation safety law; requiring supervision and
4		-	training for uncertified applicators; clarifying definition of governmental agency;
5		-	requiring applicants to file certificates of liability insurance or surety bonds in lieu of
6		-	letters of credit or proof of an escrow; government agency certification for pesticide
7		-	applications in the sodium cyanide predator control category; requiring direct
8		-	supervision of registered pest control technicians by a certified commercial applicator
9		-	when applying restricted use pesticides; expanding applicability of civil penalty
10		-	provisions to any person or entity that violates the Kansas pesticide law; adding
11		-	additional categories of qualification for certification and licensing; updating private
12		-	applicator certificate requirements; allowing the secretary to establish a training
13		-	program for initial certification of private applicators as an alternative to a written
14		-	examination; requiring additional information in statements of service or contracts;
15		-	government agencies to maintain records relating to each application of pesticide
16		-	made by such government agency; applying the same criminal penalty to certified
17		-	private applicators as other persons for violations of the Kansas pesticide law;
18		-	removing the secretary's authority to deny, suspend, revoke or modify a permit if an
19		-	applicant, registrant or permit holder has been convicted or pled guilty to a state or
20		-	federal felony; amending K.S.A. 2-2438a, 2-2440, 2-2440b, 2-2440e, 2-2443a, 2-
21		-	2444a, 2-2445a, 2-2446, 2-2448, 2-2449, 2-2450, 2-2455, 2-2461, 2-2467a and 2-
22		-	3310 and repealing the existing sections.
	3	+	By Committee on Agriculture and Natural Resources
	4	+	Requested by Kelsey Olson on behalf of the Kansas Department of Agriculture
	5	+	1-25
	6	+	AN ACT concerning agriculture; relating to the Kansas department of
	7	+	agriculture; the Kansas pesticide law; the Kansas chemigation safety
	8	+	law; requiring supervision and training for uncertified applicators;
	9	+	clarifying definition of governmental agency; requiring applicants to
	10	+	file certificates of liability insurance in lieu of bonds, letters of credit or
	11	+	proof of an escrow; government agency certification for pesticide
	12	+	applications in the sodium cyanide predator control category; requiring
	13	+	direct supervision of registered pest control technicians by a certified
	14	+	commercial applicator when applying restricted use pesticides;
	15	+	expanding applicability of the current civil penalty provisions to any
	16	+	person or entity that violates the Kansas pesticide law; adding
	17	+	additional categories of qualification for certification and licensing;
	18	+	updating private applicator certificate requirements; allowing the
	19	+	secretary to establish a training program for initial certification of
	20	+	private applicators as an alternative to a written examination; requiring
	21	+	additional information in statements of service or contracts;
	22	+	government agencies to maintain records relating to each application of
	23	+	pesticide made by such government agency; applying the same criminal
	24	+	penalty to certified private applicators as other persons for violations of
	25	+	the Kansas pesticide law; removing the secretary's authority to deny,
	26	+	suspend, revoke or modify a permit if an applicant, registrant or permit
	27	+	holder has been convicted or pled guilty to a state or federal felony;
	28	+	amending K.S.A. 2-2438a, 2-2440, 2-2440b, 2-2440e, 2-2443a, 2-
	29	+	2444a, 2-2445a, 2-2446, 2-2448, 2-2449, 2-2450, 2-2455, 2-2461, 2-
	30	+	2467a and 2-3310 and repealing the existing sections.
23	31		Be it enacted by the Legislature of the State of Kansas:
24	32		New Section 1. (a) Each pesticide business licensee who applies
25	33		restricted use pesticides or causes restricted use pesticides to be applied
26	34		and employs uncertified applicators to make such pesticide applications
27	35		shall provide appropriate supervision and training for each uncertified
28	36		applicator.
29	37		(b) Each private applicator who permits uncertified applicators to
30	38		apply restricted use pesticides or causes restricted use pesticides to be
31	39		applied shall provide appropriate supervision and training for each
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32	75		uncertified applicator.
33		-	(c) Uncertified applicators may not apply any restricted use
34		-	pesticide unless the application is supervised by a certified applicator
35		-	who is certified to apply restricted use pesticides for the control of pests
36		-	in the category or subcategory for which the pesticide application is
37		-	made.
	76	+	(c) Uncertified applicators may not apply any restricted use pesticide
	77	+	unless the application is supervised by a certified applicator who is
	78	+	certified to apply restricted use pesticides for the control of pests in the
	79	+	category or subcategory for which the pesticide application is made.
38	80		(d) The secretary may adopt rules and regulations to prescribe
39	81		requirements for appropriate supervision and training of uncertified
40	82		applicators by certified applicators.
41	83		(e) Each uncertified applicator shall have received training, to the
42		-	extent prescribed by the secretary in rules and regulations, in each of
43		-	~~the~~ subjects enumerated in K.S.A. 2-2443a, and amendments thereto.
	84	+	extent prescribed by the secretary in rules and regulations, in each of the
	85	+	subjects enumerated in K.S.A. 2-2443a, and amendments thereto.
44	86		(f) (1) Each pesticide business licensee shall maintain records to
45		-	verify that each uncertified applicator employed by such pesticide
46		-	~~business~~ licensee has been properly trained.
47		-	(2) The secretary may adopt rules and regulations to prescribe
48		-	~~record~~ requirements, including, but not limited to, the training
49		-	~~information that~~ pesticide business licensees are required to maintain.
50		-	~~Such records shall~~ be:
51		-	(A) Maintained for a period of three years after the training has
52		-	~~been~~ given; and
	87	+	verify that each uncertified applicator employed by such pesticide business
	88	+	licensee has been properly trained.
	89	+	(2) The secretary may adopt rules and regulations to prescribe record
	90	+	requirements, including, but not limited to, the training information that
	91	+	pesticide business licensees are required to maintain. Such records shall
	92	+	be:
	93	+	(A) Maintained for a period of three years after the training has been
	94	+	given; and
53	95		(B) made available to the secretary or the secretary's authorized
54	96		designee upon request.
55	97		(g) This section shall be a part of and supplemental to the Kansas
56	98		pesticide law.
57	99		Sec. 2. K.S.A. 2-2438a is hereby amended to read as follows: 2-
58	100		2438a. As used in this act, unless the context otherwise requires, the
59		-	following words and phrases shall have the meanings ascribed to them
60		-	in this section:
61		-	(a) "Animal" means all vertebrate and invertebrate species,
62		-	including, but not limited to, man and other mammals, birds, fish and
63		-	shellfish. HOUSE BILL No. 2607—page 2
64		-	(b) "Department" means the Kansas department of agriculture of
65		-	the state of Kansas.
66		-	(c) "Certified applicator" means any individual who is certified
67		-	under this act to use or supervise the use of any restricted use pesticide
68		-	which that is classified for restricted use by a certified applicator.
	101	+	following words and phrases shall have the meanings ascribed to them in
	102	+	this section:
	103	+	(a) "Animal" means all vertebrate and invertebrate species, including,
	104	+	but not limited to, man and other mammals, birds, fish and shellfish.
	105	+	(b) "Department" means the Kansas department of agriculture of the
	106	+	state of Kansas.
	107	+	(c) "Certified applicator" means any individual who is certified under
	108	+	this act to use or supervise the use of any restricted use pesticide which
	109	+	that is classified for restricted use by a certified applicator.
69	110		(1) "Certified commercial applicator" means a certified applicator,
70		-	whether or not a private applicator with respect to some uses, who uses
71		-	or supervises the use of any pesticide which that is classified for
72		-	~~restricted~~ use for any purpose or on any property other than as provided
73		-	~~in paragraph~~ (2) of this subsection (c).
	111	+	whether or not a private applicator with respect to some uses, who uses or
	112	+	supervises the use of any pesticide which that is classified for restricted
	113	+	use for any purpose or on any property other than as provided in paragraph
	114	+	(2) of this subsection (c).
74	115		(2) "Certified private applicator" means a certified applicator who
75	116		uses or supervises the use of any pesticide which that is classified for
76		-	restricted use for purposes of producing any agricultural commodity,
77		-	(A) on property owned or rented by such person or such person's
78		-	employer or (B) if applied without compensation other than trading of
79		-	personal services between producers of agricultural commodities, on
80		-	the property of another person.
	117	+	restricted use for purposes of producing any agricultural commodity, (A)
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	161	+	on property owned or rented by such person or such person's employer or
	162	+	(B) if applied without compensation other than trading of personal services
	163	+	between producers of agricultural commodities, on the property of another
	164	+	person.
81	165		(d) "Defoliant" means any substance or mixture of substances
82	166		intended to cause the leaves or foliage to drop from a plant, with or
83	167		without causing abscission.
84	168		(e) "Desiccant" means any substance or mixture of substances
85	169		intended for artificially accelerating the drying of plant tissue.
86		-	(f) "Equipment" means any ground, water or aerial apparatus, used
87		-	to apply any pesticide but shall not include any pressurized hand size
	170	+	(f) "Equipment" means any ground, water or aerial apparatus, used to
	171	+	apply any pesticide but shall not include any pressurized hand size
88	172		household apparatus used to apply any pesticide or any equipment,
89		-	apparatus or contrivance of which the person who is applying the
90		-	pesticide is the source of power or energy in making such pesticide
91		-	application.
	173	+	apparatus or contrivance of which the person who is applying the pesticide
	174	+	is the source of power or energy in making such pesticide application.
92	175		(g) "Fungus" means any nonchlorophyll-bearing thallophyte,
93		-	including, but not limited to, rust, smut, mildew, mold, yeast and
94		-	~~bacteria,~~ except those on or in man or other animals and those on or in
95		-	~~processed~~ food, beverages or pharmaceuticals.
	176	+	including, but not limited to, rust, smut, mildew, mold, yeast and bacteria,
	177	+	except those on or in man or other animals and those on or in processed
	178	+	food, beverages or pharmaceuticals.
96	179		(h) "General use pesticide" shall mean and include means all
97		-	pesticides which that have not been designated, by rule or regulation of
98		-	~~the~~ secretary, as being restricted use pesticides.
	180	+	pesticides which that have not been designated, by rule or regulation of the
	181	+	secretary, as being restricted use pesticides.
99	182		(i) "Insect" means any small invertebrate animal having the body
100		-	segmented, belonging to the class insecta and other classes of
101		-	~~arthropods,~~ including, but not limited to, beetles, bugs, bees, flies,
102		-	~~spiders, mites, ticks~~ and centipedes.
	183	+	segmented, belonging to the class insecta and other classes of arthropods,
	184	+	including, but not limited to, beetles, bugs, bees, flies, spiders, mites, ticks
	185	+	and centipedes.
103	186		(j) "Registered pest control technician" means an uncertified
104	187		commercial applicator who applies pesticides for wood destroying pest
105		-	control, for structural pest control, for ornamental pest control, for turf
106		-	~~pest~~ control, for interior landscape pest control or for any combination
107		-	~~of these~~ types of pest control, and who has received verifiable training.
	188	+	control, for structural pest control, for ornamental pest control, for turf pest
	189	+	control, for interior landscape pest control or for any combination of these
	190	+	types of pest control, and who has received verifiable training.
108	191		(k) "Nematode" means any unsegmented roundworms of the class
109		-	nematoda, with elongated, fusiform, or saclike bodies covered with
110		-	~~cuticle,~~ inhabiting soil, water, plants or plant parts. Such roundworms
111		-	~~may also be~~ referred to as nemas or eelworms.
	192	+	nematoda, with elongated, fusiform, or saclike bodies covered with cuticle,
	193	+	inhabiting soil, water, plants or plant parts. Such roundworms may also be
	194	+	referred to as nemas or eelworms.
112	195		(l) "Person" means any individual, partnership, association of
113	196		persons, corporation or governmental agency.
114		-	(m) "Pest" means, but is not limited to, any insect, rodent,
115		-	~~nematode,~~ fungus, weed or any other form of terrestrial or aquatic plant
116		-	~~or animal life~~ or virus, bacteria or other microorganism, except viruses,
117		-	~~bacteria or other~~ microorganisms on or in man or other animals, or
118		-	~~which that the secretary~~ may declare to be a pest.
	197	+	(m) "Pest" means, but is not limited to, any insect, rodent, nematode,
	198	+	fungus, weed or any other form of terrestrial or aquatic plant or animal life
	199	+	or virus, bacteria or other microorganism, except viruses, bacteria or other
	200	+	microorganisms on or in man or other animals, or which that the secretary
	201	+	may declare to be a pest.
119	202		(n) "Pesticide" means, but is not limited to, (1) any substance or
120	203		mixture of substances used to prevent, destroy, control, repel, attract or
121		-	mitigate any pest and (2) any substance or mixture of substances
122		-	intended to be used as a plant regulator, defoliant or desiccant. HOUSE BILL No. 2607—page 3
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	247	+	mitigate any pest and (2) any substance or mixture of substances intended
	248	+	to be used as a plant regulator, defoliant or desiccant.
123	249		(o) "Pesticide business" means any individual, partnership,
124		-	association of persons or corporation which that applies pesticides to
125		-	~~the~~ property of another for compensation.
	250	+	association of persons or corporation which that applies pesticides to the
	251	+	property of another for compensation.
126	252		(p) "Pesticide business licensee" shall mean means an individual,
127		-	business, association of persons or corporation who is licensed or
128		-	~~would~~ be required to be licensed under the provisions of K.S.A. 2-
129		-	~~2440, and~~ amendments thereto.
	253	+	business, association of persons or corporation who is licensed or would
	254	+	be required to be licensed under the provisions of K.S.A. 2-2440, and
	255	+	amendments thereto.
130	256		(q) "Pesticide dealer" means any person who sells a pesticide to
131	257		another person for application.
132	258		(r) "Plant regulator" means any substance or mixture of substances
133	259		intended through physiological action, to accelerate or retard the rate of
134		-	growth or maturation, or to otherwise alter the behavior of plants but
135		-	~~shall~~ not include substances insofar as they are used as plant nutrients,
136		-	~~trace~~ elements, nutritional chemicals, plant inoculants or soil
137		-	~~amendments. The~~ term "Plant regulator" shall does not include any
138		-	~~such nutrient mixtures or~~ soil amendments as are commonly known as
139		-	~~vitamin-hormone~~ horticultural products, intended for improvement,
140		-	~~maintenance, survival,~~ health and propagation of plants, and not for
141		-	~~pest destruction if such~~ mixtures or soil amendments, in the undiluted
142		-	~~packaged concentration are~~ nontoxic and nonpoisonous.
	260	+	growth or maturation, or to otherwise alter the behavior of plants but shall
	261	+	not include substances insofar as they are used as plant nutrients, trace
	262	+	elements, nutritional chemicals, plant inoculants or soil amendments. The
	263	+	term "Plant regulator" shall does not include any such nutrient mixtures or
	264	+	soil amendments as are commonly known as vitamin-hormone
	265	+	horticultural products, intended for improvement, maintenance, survival,
	266	+	health and propagation of plants, and not for pest destruction if such
	267	+	mixtures or soil amendments, in the undiluted packaged concentration are
	268	+	nontoxic and nonpoisonous.
143	269		(s) "Restricted use pesticide" shall mean and include means all
144		-	pesticide uses designated as such by rules and regulations of the
145		-	secretary.
	270	+	pesticide uses designated as such by rules and regulations of the secretary.
146	271		(t) "Secretary" means the secretary of agriculture.
147		-	(u) "Under the supervision of" means, unless otherwise provided
148		-	by the labeling of the pesticide product, acting under the instructions
149		-	~~and~~ control of another person who is available if and when needed,
150		-	~~even~~ though such other person is not physically present at the time and
151		-	~~place the~~ act is done.
152		-	(v) "Weed" means any plant or part thereof which that grows
153		-	~~where~~ not wanted.
	272	+	(u) "Under the supervision of" means, unless otherwise provided by
	273	+	the labeling of the pesticide product, acting under the instructions and
	274	+	control of another person who is available if and when needed, even
	275	+	though such other person is not physically present at the time and place the
	276	+	act is done.
	277	+	(v) "Weed" means any plant or part thereof which that grows where
	278	+	not wanted.
154	279		(w) "Use of any pesticide in a manner inconsistent with its label or
155		-	labeling" means to use any pesticide in a manner not permitted by the
156		-	~~label~~ or labeling.
	280	+	labeling" means to use any pesticide in a manner not permitted by the label
	281	+	or labeling.
157	282		(x) "Pest control" means the destruction, prevention, repulsion or
158	283		mitigation of a population, infection or infestation of a pest.
159		-	(y) "Pesticide management area" means a site or area designated
160		-	by the secretary pursuant to K.S.A. 2-2472, and amendments thereto,
161		-	within which where a pesticide management plan is deemed necessary
162		-	for the protection of the public health, safety, welfare or natural
163		-	resources of the state.
164		-	(z) "Natural resources" means and includes soils, water and any
165		-	form of terrestrial or aquatic or animal life.
166		-	(aa) "Pesticide rinsate" means the water contaminated with
167		-	pesticides from the cleaning of the inside of pesticide containers or
168		-	pesticide tanks.
	284	+	(y) "Pesticide management area" means a site or area designated by
	285	+	the secretary pursuant to K.S.A. 2-2472, and amendments thereto, within
	286	+	which where a pesticide management plan is deemed necessary for the
	287	+	protection of the public health, safety, welfare or natural resources of the
	288	+	state.
	289	+	(z) "Natural resources" means and includes soils, water and any form
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	333	+	of terrestrial or aquatic or animal life.
	334	+	(aa) "Pesticide rinsate" means the water contaminated with pesticides
	335	+	from the cleaning of the inside of pesticide containers or pesticide tanks.
169	336		(bb) "Governmental agency" or "government agency" means any
170		-	officer, department, bureau, division, board, authority, agency,
171		-	commission or institution of a local, state or federal government when
172		-	acting to enforce or administer any law, regulation or ordinance or
173		-	otherwise acting in its official capacity.
174		-	Sec. 3. K.S.A. 2-2440 is hereby amended to read as follows: 2-
175		-	2440. (a) Subject to the provisions of subsection (d), it is unlawful for
176		-	any pesticide business that has not been issued a pesticide business
177		-	license to:
	337	+	officer, department, bureau, division, board, authority, agency, commission
	338	+	or institution of a local, state or federal government when acting to
	339	+	enforce or administer any law, regulation or ordinance or otherwise
	340	+	acting in its official capacity.
	341	+	Sec. 3. K.S.A. 2-2440 is hereby amended to read as follows: 2-2440.
	342	+	(a) Subject to the provisions of subsection (d), it is unlawful for any
	343	+	pesticide business that has not been issued a pesticide business license to:
178	344		(1) Advertise, offer for sale, sell or perform any service for the
179	345		control of a pest on the property of another or apply a pesticide to the
180	346		property of another within this state; or
181		-	(2) perform any service for the control of a pest or apply any ~~HOUSE BILL No. 2607—page 4~~
182		-	pesticide on or at the premises of another person under any
183		-	~~commission,~~ division of receipts or subcontracting arrangement with a
184		-	~~licensed~~ pesticide business.
185		-	Nothing in this subsection shall be construed to require the licensing
186		-	of any person applying restricted use pesticides to the property of
187		-	~~another as~~ a certified private applicator or under the supervision of a
188		-	~~certified private~~ applicator.
	347	+	(2) perform any service for the control of a pest or apply any
	348	+	pesticide on or at the premises of another person under any commission,
	349	+	division of receipts or subcontracting arrangement with a licensed
	350	+	pesticide business.
	351	+	Nothing in this subsection shall be construed to require the licensing of
	352	+	any person applying restricted use pesticides to the property of another as
	353	+	a certified private applicator or under the supervision of a certified private
	354	+	applicator.
189	355		(b) Application for a pesticide business license or renewal shall be
190		-	made on a form obtained from the secretary and shall be accompanied
191		-	by an application fee per category in which the licensee applies, and an
192		-	additional fee for each uncertified individual employed by the applicant
193		-	to apply pesticides. The application fee per category shall be $140 per
	356	+	made on a form obtained from the secretary and shall be accompanied by
	357	+	an application fee per category in which the licensee applies, and an
	358	+	additional fee for each uncertified individual employed by the applicant to
	359	+	apply pesticides. The application fee per category shall be $140 per
194	360		category in which the licensee applies, except that on and after July 1,
195		-	2028, the application fee per category shall be $112 per category in
196		-	which the licensee applies. An additional fee of $15 shall be paid for
197		-	each uncertified individual employed by the applicant to apply
198		-	pesticides, except that on and after July 1, 2028, an additional fee of
199		-	$10 shall be paid for each uncertified individual employed by the
200		-	applicant to apply pesticides. The application fee per category and the
201		-	additional fee for each uncertified employee in effect on the day
202		-	preceding the effective date of this act shall continue in effect until the
203		-	secretary adopts rules and regulations fixing a different fee under this
204		-	subsection. Any uncertified individual employed for a period of more
205		-	than 10 days in a 30-day period or for five consecutive days by a
206		-	licensee to apply pesticides subsequent to such application shall be
207		-	reported to the secretary within 30 days of such employee's hiring and
208		-	the fee shall be paid at that time. Each application shall also include the
209		-	following:
	361	+	2028, the application fee per category shall be $112 per category in which
	362	+	the licensee applies. An additional fee of $15 shall be paid for each
	363	+	uncertified individual employed by the applicant to apply pesticides,
	364	+	except that on and after July 1, 2028, an additional fee of $10 shall be paid
	365	+	for each uncertified individual employed by the applicant to apply
	366	+	pesticides. The application fee per category and the additional fee for each
	367	+	uncertified employee in effect on the day preceding the effective date of
	368	+	this act shall continue in effect until the secretary adopts rules and
	369	+	regulations fixing a different fee under this subsection. Any uncertified
	370	+	individual employed for a period of more than 10 days in a 30-day period
	371	+	or for five consecutive days by a licensee to apply pesticides subsequent to
	372	+	such application shall be reported to the secretary within 30 days of such
	373	+	employee's hiring and the fee shall be paid at that time. Each application
	374	+	shall also include the following:
210	375		(1) The business name of the person applying for such license or
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211	419		renewal;
212		-	(2) if the applicant is an individual, receiver, trustee,
213		-	~~representative,~~ agent, firm, partnership, association, corporation or
214		-	~~other organized group~~ of persons, whether or not incorporated, the full
215		-	~~name of each owner of the~~ firm or partnership or the names of the
216		-	~~officers of the association,~~ corporation or group;
	420	+	(2) if the applicant is an individual, receiver, trustee, representative,
	421	+	agent, firm, partnership, association, corporation or other organized group
	422	+	of persons, whether or not incorporated, the full name of each owner of the
	423	+	firm or partnership or the names of the officers of the association,
	424	+	corporation or group;
217	425		(3) the principal business address of the applicant in the state and
218	426		elsewhere; and
219	427		(4) any other information the secretary, by rules and regulations,
220	428		deems necessary for the administration of this act.
221	429		(c) The secretary may issue a pesticide business license to apply
222		-	pesticides in categories for which an applicant has applied if the
223		-	applicant files the bond, surety bond or certificate of liability insurance,
224		-	letter of credit or proof of an escrow account as required under K.S.A.
225		-	2-2448, and amendments thereto, satisfies the requirements of
226		-	subsection (b), and pays the required fees. Such license shall expire at
227		-	the end of the calendar year for which it is issued unless it has been
228		-	revoked or suspended prior thereto. If a license is not issued as applied
229		-	for, the secretary shall inform the applicant in writing of the reasons
230		-	therefor.
	430	+	pesticides in categories for which an applicant has applied if the applicant
	431	+	files the bond, certificate of liability insurance, letter of credit or proof of
	432	+	an escrow account as required under K.S.A. 2-2448, and amendments
	433	+	thereto, satisfies the requirements of subsection (b), and pays the required
	434	+	fees. Such license shall expire at the end of the calendar year for which it
	435	+	is issued unless it has been revoked or suspended prior thereto. If a license
	436	+	is not issued as applied for, the secretary shall inform the applicant in
	437	+	writing of the reasons therefor.
231	438		(d) The following persons shall be exempted from the licensing
232	439		requirements of this act:
233		-	(1) State or federal personnel using pesticides or pest control
234		-	~~services~~ while engaged in pesticide use research;
	440	+	(1) State or federal personnel using pesticides or pest control services
	441	+	while engaged in pesticide use research;
235	442		(2) veterinarians or physicians using pesticides as a part of their
236	443		professional services; and
237		-	(3) any person or such person's employee who applies pesticides
238		-	on or at premises owned, leased or operated by such person.
239		-	(e) Subject to the provisions of subsection (d), it is unlawful for
240		-	any governmental agency that has not been issued a government HOUSE BILL No. 2607—page 5
241		-	agency registration to apply pesticides within this state. Government
242		-	agency registration shall be required for pesticide applications in the
243		-	sodium cyanide predator control category, and applicators in this
244		-	category shall have sodium cyanide predatory control certification.
245		-	Application for government agency registration shall be made on a
246		-	form obtained from the secretary and shall be accompanied by a fee
247		-	fixed by rules and regulations adopted by the secretary, except that such
248		-	fee shall not exceed $50, except that on and after July 1, 2028, such fee
249		-	shall not exceed $35. The governmental agency registration fee in
250		-	effect on the day preceding the effective date of this act shall continue
251		-	in effect until the secretary adopts rules and regulations fixing a
252		-	different fee therefor under this subsection. No fee shall be required of
253		-	any township located within a county that has previously applied for
254		-	and received government agency registration. Each application for
255		-	registration shall contain information including, but not limited to:
	444	+	(3) any person or such person's employee who applies pesticides on
	445	+	or at premises owned, leased or operated by such person.
	446	+	(e) Subject to the provisions of subsection (d), it is unlawful for any
	447	+	governmental agency that has not been issued a government agency
	448	+	registration to apply pesticides within this state. Government agency
	449	+	registration shall be required for pesticide applications in the sodium
	450	+	cyanide predator control category, and applicators in this category shall
	451	+	have sodium cyanide predatory control certification. Application for
	452	+	government agency registration shall be made on a form obtained from the
	453	+	secretary and shall be accompanied by a fee fixed by rules and regulations
	454	+	adopted by the secretary, except that such fee shall not exceed $50, except
	455	+	that on and after July 1, 2028, such fee shall not exceed $35. The
	456	+	governmental agency registration fee in effect on the day preceding the
	457	+	effective date of this act shall continue in effect until the secretary adopts
	458	+	rules and regulations fixing a different fee therefor under this subsection.
	459	+	No fee shall be required of any township located within a county that has
	460	+	previously applied for and received government agency registration. Each
	461	+	application for registration shall contain information including, but not
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	505	+	limited to:
256	506		(1) The name of the government agency;
257	507		(2) the mailing address of the applicant;
258	508		(3) the name and mailing address of the person who heads such
259		-	agency and who is authorized to receive correspondence and legal
260		-	~~papers.~~ Such person shall be: (A) The mayor or city manager for
261		-	~~municipalities;~~ (B) the chairperson of the board of county
262		-	~~commissioners for counties; (C)~~ the township trustee for townships; or
263		-	~~(D) any person designated by any~~ other governmental agency; and
	509	+	agency and who is authorized to receive correspondence and legal papers.
	510	+	Such person shall be: (A) The mayor or city manager for municipalities;
	511	+	(B) the chairperson of the board of county commissioners for counties; (C)
	512	+	the township trustee for townships; or (D) any person designated by any
	513	+	other governmental agency; and
264	514		(4) any other information the secretary, by rules and regulations,
265	515		deems necessary for the administration of this act.
266		-	(f) If the secretary finds the application to be sufficient, the
267		-	secretary shall issue a government agency registration. The government
268		-	agency is not required to furnish a surety bond proof of financial
269		-	responsibility under this act. Such government agency registration shall
270		-	expire at the end of the calendar year for which it is issued unless it has
271		-	been revoked or suspended prior thereto. If a registration is not issued
272		-	as applied for, the secretary shall inform the applicant in writing of the
273		-	reasons therefor.
	516	+	(f) If the secretary finds the application to be sufficient, the secretary
	517	+	shall issue a government agency registration. The government agency is
	518	+	not required to furnish a surety bond proof of financial responsibility under
	519	+	this act. Such government agency registration shall expire at the end of the
	520	+	calendar year for which it is issued unless it has been revoked or
	521	+	suspended prior thereto. If a registration is not issued as applied for, the
	522	+	secretary shall inform the applicant in writing of the reasons therefor.
274	523		(g) A pesticide business license or government agency registration
275		-	may be renewed by meeting the same requirements as for a new license
276		-	or registration. Neither the pesticide business license nor the
277		-	~~government~~ agency registration shall be transferable, except that, in the
278		-	~~event of the~~ disability, incapacity or death of the owner, manager or
279		-	~~legal agent of a~~ pesticide business licensee, a permit may be issued by
280		-	~~the secretary to~~ permit the operation of such business until the
281		-	~~expiration period of the~~ license in effect at the time of such disability,
282		-	~~incapacity or death if the~~ applicant therefor can show that the policies
283		-	~~and services of such business~~ will continue substantially as before, with
284		-	~~due regard to protection of the~~ public and the environment.
	524	+	may be renewed by meeting the same requirements as for a new license or
	525	+	registration. Neither the pesticide business license nor the government
	526	+	agency registration shall be transferable, except that, in the event of the
	527	+	disability, incapacity or death of the owner, manager or legal agent of a
	528	+	pesticide business licensee, a permit may be issued by the secretary to
	529	+	permit the operation of such business until the expiration period of the
	530	+	license in effect at the time of such disability, incapacity or death if the
	531	+	applicant therefor can show that the policies and services of such business
	532	+	will continue substantially as before, with due regard to protection of the
	533	+	public and the environment.
285	534		(h) No pesticide business license may be issued to any person until
286		-	such person is or has in such person's employ one or more individuals
287		-	~~who~~ are certified commercial applicators in each of the categories for
288		-	~~which the~~ license application is made.
	535	+	such person is or has in such person's employ one or more individuals who
	536	+	are certified commercial applicators in each of the categories for which the
	537	+	license application is made.
289	538		Sec. 4. K.S.A. 2-2440b is hereby amended to read as follows: 2-
290		-	2440b. (a) It shall be unlawful for any pesticide business licensee to
291		-	~~apply~~ pesticides for the control of wood destroying pests, structural
292		-	~~pests,~~ ornamental pests, turf pests or interior landscape pests unless the
	539	+	2440b. (a) It shall be unlawful for any pesticide business licensee to apply
	540	+	pesticides for the control of wood destroying pests, structural pests,
	541	+	ornamental pests, turf pests or interior landscape pests unless the
293	542		applicator of the pesticide is a certified commercial applicator or is a
294		-	registered pest control technician, except that an uncertified
295		-	commercial applicator may apply general use pesticides when either a
296		-	certified applicator or registered pest control technician is physically
297		-	present.
298		-	(b) Registered pest control technicians may not supervise the use
299		-	of, or apply, any restricted use pesticide unless the application is HOUSE BILL No. 2607—page 6
300		-	supervised by a commercial applicator who is certified to apply
301		-	restricted use pesticides for the control of pests in the category or
302		-	subcategory for which the pesticide application is made. The secretary
303		-	may adopt rules and regulations to prescribe requirements concerning
304		-	the direct supervision of registered pest control technicians by certified
305		-	applicators.
	543	+	registered pest control technician, except that an uncertified commercial
	544	+	applicator may apply general use pesticides when either a certified
	545	+	applicator or registered pest control technician is physically present.
	546	+	(b) Registered pest control technicians may not supervise the use of,
	547	+	or apply, any restricted use pesticide unless the application is supervised
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	591	+	by a commercial applicator who is certified to apply restricted use
	592	+	pesticides for the control of pests in the category or subcategory for which
	593	+	the pesticide application is made. The secretary may adopt rules and
	594	+	regulations to prescribe requirements concerning the direct supervision of
	595	+	registered pest control technicians by certified applicators.
306	596		(c) Any such employee applying for a pest control technician
307		-	registration shall file an application on a form prescribed by the
308		-	secretary. Application for such registration shall be accompanied by an
309		-	application fee established by rules and regulations adopted by the
310		-	secretary, except that such fee shall not exceed $40, except that on and
311		-	after July 1, 2028, such fee shall not exceed $25, and shall be reduced,
312		-	but not below zero, by an amount equal to the additional fee paid under
313		-	K.S.A. 2-2440(b), and amendments thereto, for such uncertified
314		-	individual.
315		-	(c)(d) If the secretary finds the applicant qualified to be a
316		-	registered pest control technician after meeting the training
317		-	requirements determined by the secretary in rules and regulations, the
318		-	secretary shall issue a pest control technician registration that will
319		-	expire at the end of the calendar year.
320		-	(d)(e) This section shall be a part of and supplemental to the
321		-	Kansas pesticide law.
	597	+	registration shall file an application on a form prescribed by the secretary.
	598	+	Application for such registration shall be accompanied by an application
	599	+	fee established by rules and regulations adopted by the secretary, except
	600	+	that such fee shall not exceed $40, except that on and after July 1, 2028,
	601	+	such fee shall not exceed $25, and shall be reduced, but not below zero, by
	602	+	an amount equal to the additional fee paid under K.S.A. 2-2440(b), and
	603	+	amendments thereto, for such uncertified individual.
	604	+	(c)(d) If the secretary finds the applicant qualified to be a registered
	605	+	pest control technician after meeting the training requirements determined
	606	+	by the secretary in rules and regulations, the secretary shall issue a pest
	607	+	control technician registration that will expire at the end of the calendar
	608	+	year.
	609	+	(d)(e) This section shall be a part of and supplemental to the Kansas
	610	+	pesticide law.
322	611		Sec. 5. K.S.A. 2-2440e is hereby amended to read as follows: 2-
323		-	2440e. (a) (1) Any pesticide business licensee or pesticide dealer who
324		-	violates any of the provisions provision of K.S.A. 2-2453 or 2-2454,
325		-	and amendments thereto the Kansas pesticide law or any rules or
326		-	regulations adopted thereunder, in addition to any other penalty
327		-	provided by law, may incur a civil penalty imposed under subsection
328		-	(b) in the amount fixed by rules and regulations of the secretary in an
329		-	amount not less than $100 nor more than $5,000 for each violation and,
330		-	in the case of a continuing violation, every day such violation continues
331		-	may be deemed a separate violation. In the case of a continuing
332		-	violation, the maximum civil penalty shall not exceed $10,000.
333		-	(2) Except as provided in paragraph (1), any person who holds a
334		-	license, certification, registration or permit or is required to hold such
335		-	license, certification, registration or permit pursuant to the Kansas
336		-	pesticide law and violates any provision of the Kansas pesticide law or
337		-	any rules and regulations adopted thereunder, in addition to any other
338		-	penalty provided by law, may incur a civil penalty imposed under
339		-	subsection (b) in the amount fixed by rules and regulations of the
340		-	secretary in an amount not less than $100 nor more than $500 for each
341		-	violation, and in the case of a continuing violation, every day such
342		-	violation continues may be deemed a separate violation. In the case of
343		-	a continuing violation, the maximum civil penalty shall not exceed
344		-	$2,500.
345		-	(b) A duly authorized agent of The secretary, upon a finding that a
346		-	pesticide business licensee or pesticide dealer or any employee or agent
	612	+	2440e. (a) Any pesticide business licensee or pesticide dealer who person
	613	+	or entity that violates any of the provisions provision of K.S.A. 2-2453 or
	614	+	2-2454, and amendments thereto the Kansas pesticide law or any rules or
	615	+	regulations adopted thereunder, in addition to any other penalty provided
	616	+	by law, may incur a civil penalty imposed under subsection (b) in the
	617	+	amount fixed by rules and regulations of the secretary in an amount not
	618	+	less than $100 nor more than $5,000 for each violation and, in the case of a
	619	+	continuing violation, every day such violation continues may be deemed a
	620	+	separate violation.
	621	+	(b) A duly authorized agent of The secretary, may impose a civil
	622	+	penalty as provided in this section upon a finding that a pesticide business
	623	+	licensee or pesticide dealer any person or entity or any employee or agent
347	624		thereof or any person or entity required to be licensed as a pesticide
348		-	business licensee or registered as a pesticide dealer who violates any of
349		-	the provisions of K.S.A. 2-2453 and 2-2454, and amendments thereto,
350		-	may impose a civil penalty as provided in this section upon such
351		-	licensee or dealerThe secretary may impose a civil penalty as provided
352		-	in this section upon a finding that a pesticide business licensee,
353		-	pesticide dealer or any person has violated any provision of the Kansas
	625	+	business licensee or, registered as a pesticide dealer who or certified as an
	626	+	applicator violates has violated any provision of the provisions of K.S.A.
	627	+	2-2453 and 2-2454, and amendments thereto, may impose a civil penalty
	628	+	as provided in this section upon such licensee or dealer the Kansas
354	629		pesticide law or any rules or regulations adopted thereunder.
355		-	(c) No civil penalty shall be imposed pursuant to this section
356		-	except upon the written order of the duly authorized agent of the
357		-	secretary to the pesticide business licensee or pesticide dealer who
358		-	committed the violation. Such order shall state the violation, the HOUSE BILL No. 2607—page 7
359		-	penalty to be imposed and the right of such pesticide business licensee
360		-	or, pesticide dealer or person to appeal to the secretary. Any such
361		-	licensee or dealer, within 20 days after notification, pesticide business
362		-	licensee, pesticide dealer or person may make written request to the
363		-	secretary for a hearing or informal conference hearing in accordance
364		-	with the provisions of the Kansas administrative procedure act. The
365		-	secretary shall affirm, reverse or modify the order and shall specify the
366		-	reasons therefor.
367		-	(d) Any pesticide business licensee, pesticide dealer or person
368		-	aggrieved by an order of the secretary made under this section may
369		-	appeal such order to the district court in the manner provided by the
370		-	Kansas judicial review act.
	630	+	(c) No civil penalty shall be imposed pursuant to this section except
	631	+	upon the written order of the duly authorized agent of the secretary to the
	632	+	pesticide business licensee or pesticide dealer who committed the
	633	+	violation. Such order shall state the violation, the penalty to be imposed
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	677	+	and the right of such pesticide business licensee or pesticide dealer person
	678	+	or entity to appeal to the secretary. Any such licensee or dealer, within 20
	679	+	days after notification, person or entity may make written request to the
	680	+	secretary for a hearing or informal conference hearing in accordance with
	681	+	the provisions of the Kansas administrative procedure act. The secretary
	682	+	shall affirm, reverse or modify the order and shall specify the reasons
	683	+	therefor.
	684	+	(d) Any person or entity aggrieved by an order of the secretary made
	685	+	under this section may appeal such order to the district court in the manner
	686	+	provided by the Kansas judicial review act.
371	687		(e) Any civil penalty recovered pursuant to the provisions of this
372		-	section shall be remitted to the state treasurer. Upon receipt of each
373		-	~~such~~ remittance, the state treasurer shall deposit the entire amount in
374		-	~~the state~~ treasury to the credit of the state general fund.
	688	+	section shall be remitted to the state treasurer. Upon receipt of each such
	689	+	remittance, the state treasurer shall deposit the entire amount in the state
	690	+	treasury to the credit of the state general fund.
375	691		(f) This section shall be a part of and supplemental to the Kansas
376	692		pesticide law.
377	693		Sec. 6. K.S.A. 2-2443a is hereby amended to read as follows: 2-
378		-	2443a. (a) An applicant for a commercial applicator's certificate shall
379		-	show upon written examination that the applicant possesses adequate
380		-	knowledge concerning the proper use and application of pesticides in
381		-	the categories or subcategories for which the applicant has applied. A
382		-	commercial applicator who holds a current certificate to apply
383		-	pesticides commercially in any other state or political subdivision of
384		-	the United States may be exempted from examination for certification
385		-	in this state upon approval of the secretary and payment of a $75 fee
386		-	per category, unless a fee not to exceed $75 is established in rules and
387		-	regulations adopted by the secretary.
388		-	(b) (1) A certified commercial applicator may, at the discretion of
389		-	the secretary, obtain an additional certification allowing the
390		-	application of pesticides in another category or subcategory upon:
	694	+	2443a. (a) An applicant for a commercial applicator's certificate shall show
	695	+	upon written examination that the applicant possesses adequate knowledge
	696	+	concerning the proper use and application of pesticides in the categories or
	697	+	subcategories for which the applicant has applied. A commercial applicator
	698	+	who holds a current certificate to apply pesticides commercially in any
	699	+	other state or political subdivision of the United States may be exempted
	700	+	from examination for certification in this state upon approval of the
	701	+	secretary and payment of a $75 fee per category, unless a fee not to exceed
	702	+	$75 is established in rules and regulations adopted by the secretary.
	703	+	(b) (1) A certified commercial applicator may, at the discretion of the
	704	+	secretary, obtain an additional certification allowing the application of
	705	+	pesticides in another category or subcategory upon:
391	706		(A) Submission of a complete and accurate application;
392	707		(B) payment of a fee of $45; and
393	708		(C) completion of a training course approved by the secretary to
394	709		authorize such additional certification.
395	710		(2) The provisions of this subsection shall expire on December 31,
396	711		2028.
397		-	(c) (1) Notwithstanding any other provision of this section, except
398		-	as provided by paragraph (2), commercial applicator certification
399		-	shall not allow applications in the category of sodium cyanide predator
400		-	control.
	712	+	(c) (1) Notwithstanding any other provision of this section, except as
	713	+	provided by paragraph (2), commercial applicator certification shall not
	714	+	allow applications in the category of sodium cyanide predator control.
401	715		(2) The secretary may permit certified applicators of government
402	716		agencies to obtain sodium cyanide predator control certification.
403	717		(d) Applicants shall submit with each application a fee per
404		-	examination taken, including each category, subcategory and general
405		-	core examination. The examination fee shall be fixed by rules and
406		-	regulations adopted by the secretary, except that such fee shall not
407		-	exceed $45 per examination, except that on and after July 1, 2028, such
408		-	fee shall not exceed $35 per examination. Applicants who fail to pass
409		-	the examination may reapply and take another examination upon
410		-	paying another examination fee. Such fee shall be fixed by rules and
411		-	regulations adopted by the secretary, except that such fee shall not
412		-	exceed $45 per examination, except that on and after July 1, 2028, such
413		-	fee shall not exceed $35 per examination. The general core examination
414		-	includes, but is not limited to, the following:
	718	+	examination taken, including each category, subcategory and general core
	719	+	examination. The examination fee shall be fixed by rules and regulations
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	763	+	adopted by the secretary, except that such fee shall not exceed $45 per
	764	+	examination, except that on and after July 1, 2028, such fee shall not
	765	+	exceed $35 per examination. Applicants who fail to pass the examination
	766	+	may reapply and take another examination upon paying another
	767	+	examination fee. Such fee shall be fixed by rules and regulations adopted
	768	+	by the secretary, except that such fee shall not exceed $45 per examination,
	769	+	except that on and after July 1, 2028, such fee shall not exceed $35 per
	770	+	examination. The general core examination includes, but is not limited to,
	771	+	the following:
415	772		(1) The proper use of the equipment.
416	773		(2) The hazards that may be involved in applying the pesticides,
417		-	including: ~~HOUSE BILL No. 2607—page 8~~
418		-	(A) The effect of drift of the pesticides on adjacent and nearby
419		-	~~lands~~ and other non-target organisms;
	774	+	including:
	775	+	(A) The effect of drift of the pesticides on adjacent and nearby lands
	776	+	and other non-target organisms;
420	777		(B) the proper meteorological conditions for the application of
421	778		pesticides and the precautions to be taken with such application;
422	779		(C) the effect of the pesticides on plants or animals in the area,
423		-	including the possibility of damage to plants or animals or the
424		-	~~possibility~~ of illegal pesticide residues resulting on them;
425		-	(D) the effect of the application of pesticides to wildlife in the
426		-	~~area,~~ including aquatic life;
427		-	(E) the identity and classification of pesticides used and the effects
428		-	of their application in particular circumstances; and
	780	+	including the possibility of damage to plants or animals or the possibility
	781	+	of illegal pesticide residues resulting on them;
	782	+	(D) the effect of the application of pesticides to wildlife in the area,
	783	+	including aquatic life;
	784	+	(E) the identity and classification of pesticides used and the effects of
	785	+	their application in particular circumstances; and
429	786		(F) the likelihood of contamination of water or injury to persons,
430	787		plants, livestock, pollinating insects and vegetation.
431	788		(3) Calculating the concentration of pesticides to be used.
432	789		(4) Identification of common pests to be controlled and damages
433	790		caused by such pests.
434	791		(5) Protective clothing and respiratory equipment for handling and
435	792		application of pesticides.
436		-	(6) General precautions to be followed in the disposal of
437		-	~~containers as~~ well as the cleaning and decontamination of the
438		-	~~equipment which that the~~ applicant proposes to use.
	793	+	(6) General precautions to be followed in the disposal of containers as
	794	+	well as the cleaning and decontamination of the equipment which that the
	795	+	applicant proposes to use.
439	796		(7) Applicable state and federal pesticide laws and regulations.
440	797		(8) Any other subject which that the secretary deems necessary.
441	798		Sec. 7. K.S.A. 2-2444a is hereby amended to read as follows: 2-
442		-	2444a. (a) (1) The categories of qualification for certification and
443		-	licensing shall include:
444		-	(1)(A) Agricultural pest control;
445		-	(2)(B) forest pest control;
446		-	(3)(C) ornamental and turf pest control;
447		-	(4)(D) seed treatment;
448		-	(5)(E) aquatic pest control;
449		-	(6)(F) right-of-way pest control;
450		-	(7)(G) industrial, institutional, structural and health related pest
451		-	control;
452		-	(8)(H) public health pest control;
453		-	(9)(I) regulatory pest control; and
454		-	(10)(J) demonstration and research pest control;
455		-	(K) sodium cyanide predator control;
456		-	(L) aerial pest control; and
457		-	(M) soil fumigation.
458		-	(2) Sodium fluoroacetate predator control applications shall not
459		-	be allowed.
	799	+	2444a. (a) The categories of qualification for certification and licensing
	800	+	shall include:
	801	+	(1) Agricultural pest control;
	802	+	(2) forest pest control;
	803	+	(3) ornamental and turf pest control;
	804	+	(4) seed treatment;
	805	+	(5) aquatic pest control;
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	849	+	(6) right-of-way pest control;
	850	+	(7) industrial, institutional, structural and health related pest control;
	851	+	(8) public health pest control;
	852	+	(9) regulatory pest control; and
	853	+	(10) demonstration and research pest control;
	854	+	(11) sodium cyanide predator control;
	855	+	(12) aerial pest control; and
	856	+	(13) soil fumigation.
460	857		(b) The secretary shall have authority to subdivide any category of
461		-	qualification for certification or licensing enumerated in subsection (a)
462		-	of this section in order to account for the special needs or business
463		-	~~practices~~ of this state. The secretary may also adopt any additional
464		-	~~categories he or~~ she the secretary deems necessary for any reason. Any
465		-	~~such changes in the~~ categories enumerated in subsection (a) shall be
466		-	~~adopted by rules and~~ regulations of the secretary.
	858	+	qualification for certification or licensing enumerated in subsection (a) of
	859	+	this section in order to account for the special needs or business practices
	860	+	of this state. The secretary may also adopt any additional categories he or
	861	+	she the secretary deems necessary for any reason. Any such changes in the
	862	+	categories enumerated in subsection (a) shall be adopted by rules and
	863	+	regulations of the secretary.
467	864		Sec. 8. K.S.A. 2-2445a is hereby amended to read as follows: 2-
468		-	2445a. (a) In lieu of obtaining a commercial applicator's certificate
469		-	~~under~~ the provisions of K.S.A. 2-2441a, and amendments thereto, a
470		-	~~private~~ applicator's certificate may be applied for by and issued to
471		-	~~individuals at~~ least 18 years of age using restricted use pesticides.
472		-	(b) Private applicator certification shall only be used for the
473		-	~~purpose~~ of producing any agricultural commodity on property owned or
474		-	~~rented by~~ the individual or such individual's employer, or on the
475		-	~~property of another~~ for no compensation other than the trading of
476		-	~~personal services between~~ producers. ~~HOUSE BILL No. 2607—page 9~~
	865	+	2445a. (a) In lieu of obtaining a commercial applicator's certificate under
	866	+	the provisions of K.S.A. 2-2441a, and amendments thereto, a private
	867	+	applicator's certificate may be applied for by and issued to individuals at
	868	+	least 18 years of age using restricted use pesticides.
	869	+	(b) Private applicator certification shall only be used for the purpose
	870	+	of producing any agricultural commodity on property owned or rented by
	871	+	the individual or such individual's employer, or on the property of another
	872	+	for no compensation other than the trading of personal services between
	873	+	producers.
477	874		(c) (1) Private applicator certification shall not authorize
478	875		applications in the following categories:
479	876		(A) Sodium cyanide predator control;
480	877		(B) non-soil fumigation;
481	878		(C) aerial application; or
482	879		(D) soil fumigation.
483	880		(2) Private applicators may obtain commercial applicator
484		-	certification in order to make applications in any such categories
485		-	~~except~~ sodium cyanide predator control.
486		-	(3) Sodium fluoroacetate predator control applications shall not
487		-	be allowed.
488		-	(d) (1) A certified private applicator shall successfully pass a
489		-	~~written~~ examination.
	881	+	certification in order to make applications in any such categories except
	882	+	sodium cyanide predator control.
	883	+	(3) Sodium fluoroacetate predator control applications shall not be
	884	+	allowed.
	885	+	(d) (1) A certified private applicator shall successfully pass a written
	886	+	examination.
490	887		(2) The secretary may adopt rules and regulations to establish a
491	888		training program for initial certification as an alternative to the written
492	889		examination.
493		-	(e) Such certificates shall expire on the anniversary of the
494		-	individual's date of birth occurring in the fifth calendar year following
495		-	the year of issue and may be renewed for an additional five years by
496		-	retaking the private applicator examination or by attending
497		-	recertification training pursuant to K.S.A. 2-2446, and amendments
498		-	thereto.
	890	+	(e) Such certificates shall expire on the anniversary of the individual's
	891	+	date of birth occurring in the fifth calendar year following the year of issue
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	935	+	and may be renewed for an additional five years by retaking the private
	936	+	applicator examination or by attending recertification training pursuant to
	937	+	K.S.A. 2-2446, and amendments thereto.
499	938		(f) Restricted use pesticides may be used only by a certified
500	939		applicator or by an uncertified applicator working under the direct
501	940		supervision of a certified applicator. No certification shall be required
502		-	hereunder for individuals operating under the direct supervision of a
503		-	certified private applicator, but such supervised applicators shall be at
504		-	least 18 years of age. If the uncertified applicator is directly supervised
505		-	by a relative or family member and is applying restricted use pesticides
506		-	for the purpose of producing any agricultural commodity on property
507		-	owned or leased by the individual or such individual's relative or
508		-	family member, then the supervised applicator shall be at least 16
509		-	years of age.
510		-	(b) (1)(g) Certified Private applicator certificates certification may
511		-	be issued to individuals who have:(A) complied with all other
512		-	applicable requirements and paid a fee fixed by rules and regulations
513		-	adopted by the secretary, except that on and after July 1, 2028, such fee
514		-	shall not exceed $10; and(B) acquired practical knowledge of pest
515		-	problems, proper storage, use, handling and disposal of pesticides and
516		-	pesticide containers, pertinent information found on the pesticide
517		-	labels, pesticide use safety and environmental considerations, either
518		-	through Kansas state university extension service educational training
519		-	or through individual study of educational materials available at county
520		-	extension offices or the secretary.
521		-	(2) The certified private applicator certificate fee in effect on the
522		-	day preceding the effective date of this act shall continue in effect until
523		-	the secretary adopts rules and regulations fixing a different fee therefor
524		-	under this section. Individuals shall indicate adequate knowledge of the
525		-	subjects enumerated herein by passing an open-book examination
526		-	approved by the secretary.
	941	+	hereunder for individuals operating under the supervision of a certified
	942	+	private applicator, but such supervised applicators shall be at least 18
	943	+	years of age. If supervised by a relative or family member, the supervised
	944	+	applicator shall be at least 16 years of age.
	945	+	(b) (1)(g) Certified Private applicator certificates certification may be
	946	+	issued to individuals who have:(A) complied with all other applicable
	947	+	requirements and paid a fee fixed by rules and regulations adopted by the
	948	+	secretary, except that on and after July 1, 2028, such fee shall not exceed
	949	+	$10; and(B) acquired practical knowledge of pest problems, proper
	950	+	storage, use, handling and disposal of pesticides and pesticide containers,
	951	+	pertinent information found on the pesticide labels, pesticide use safety
	952	+	and environmental considerations, either through Kansas state university
	953	+	extension service educational training or through individual study of
	954	+	educational materials available at county extension offices or the secretary.
	955	+	(2) The certified private applicator certificate fee in effect on the day
	956	+	preceding the effective date of this act shall continue in effect until the
	957	+	secretary adopts rules and regulations fixing a different fee therefor under
	958	+	this section. Individuals shall indicate adequate knowledge of the subjects
	959	+	enumerated herein by passing an open-book examination approved by the
	960	+	secretary.
527	961		(c) Educational materials and examination blanks shall be made
528	962		available at county extension offices and at places where extension
529	963		educational training is conducted. The examinations shall be scored by
530	964		members of the extension or secretary's staff. If an individual passes the
531	965		examination by equaling or exceeding a standard authorized by the
532		-	secretary, a certified private applicator's certificate shall be issued to
533		-	~~such~~ individual. Such staff member shall send a copy of the certificate
534		-	~~issued,~~ together with the fee, to the secretary such applicators shall be
535		-	~~subject to~~ any testing or ~~initial~~ training fee established in rules and ~~HOUSE BILL No. 2607—page 10~~
536		-	~~regulations adopted by~~ the secretary, in an amount not to exceed $75.
	966	+	secretary, a certified private applicator's certificate shall be issued to such
	967	+	individual. Such staff member shall send a copy of the certificate issued,
	968	+	together with the fee, to the secretary such applicators shall be subject to
	969	+	any testing or training fee established in rules and regulations adopted by
	970	+	the secretary, in an amount not to exceed $75.
537	971		(d)(h) A certified applicator who holds a current certificate
538	972		certification to apply pesticides as a certified private applicator in any
539		-	other state or political subdivision of the United States may be
540		-	exempted from examination for private applicator certification in this
541		-	state upon payment of proper fees and approval by the secretary.
542		-	Sec. 9. K.S.A. 2-2446 is hereby amended to read as follows: 2-
543		-	2446. (a) A commercial applicator's certification may be renewed for a
	973	+	other state or political subdivision of the United States may be exempted
	974	+	from examination for private applicator certification in this state upon
	975	+	payment of proper fees and approval by the secretary.
	976	+	Sec. 9. K.S.A. 2-2446 is hereby amended to read as follows: 2-2446.
	977	+	(a) A commercial applicator's certification may be renewed for a
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544	1021		succeeding three-year period by paying the fees prescribed in K.S.A. 2-
545		-	2441a, and amendments thereto, passing the examinations provided for
546		-	in K.S.A. 2-2443a, and amendments thereto, and completing the
547		-	~~renewal~~ application form prescribed by the secretary.
548		-	(b) In lieu of such examinations, the secretary may accept
549		-	~~attendance~~ and satisfactory completion of a training course approved by
550		-	~~the secretary.~~ If certification is renewed by training, the renewal
551		-	~~application form shall~~ be accompanied by a recertification-by-training
552		-	~~fee of $50 per category~~ unless a fee not to exceed $50 is established in
553		-	~~rules and regulations~~ adopted by the secretary.
	1022	+	2441a, and amendments thereto, passing the examinations provided for in
	1023	+	K.S.A. 2-2443a, and amendments thereto, and completing the renewal
	1024	+	application form prescribed by the secretary.
	1025	+	(b) In lieu of such examinations, the secretary may accept attendance
	1026	+	and satisfactory completion of a training course approved by the secretary.
	1027	+	If certification is renewed by training, the renewal application form shall
	1028	+	be accompanied by a recertification-by-training fee of $50 per category
	1029	+	unless a fee not to exceed $50 is established in rules and regulations
	1030	+	adopted by the secretary.
554	1031		(c) A certified commercial applicator may recertify by training
555	1032		following the expiration of the certification period, if:
556		-	(1) All training requirements were completed during the
557		-	~~certification~~ period; and
	1033	+	(1) All training requirements were completed during the certification
	1034	+	period; and
558	1035		(2) the renewal application form and all appropriate fees were
559		-	received by the secretary on or before 30 days following expiration of
560		-	~~the~~ certification period.
	1036	+	received by the secretary on or before 30 days following expiration of the
	1037	+	certification period.
561	1038		(d) (1) A private applicator's certification may be renewed for a
562	1039		succeeding five-year period by paying the fee prescribed in K.S.A. 2-
563		-	2445a, and amendments thereto, passing the examination provided for
564		-	in K.S.A. 2-2445a, and amendments thereto, and completing the
565		-	renewal application form prescribed by the secretary. Such examination
566		-	shall be offered by the secretary by mail. County extension agricultural
567		-	meetings shall include pertinent pesticide information for private
568		-	applicators.
	1040	+	2445a, and amendments thereto, passing the examination provided for in
	1041	+	K.S.A. 2-2445a, and amendments thereto, and completing the renewal
	1042	+	application form prescribed by the secretary. Such examination shall be
	1043	+	offered by the secretary by mail. County extension agricultural meetings
	1044	+	shall include pertinent pesticide information for private applicators.
569	1045		(e)(2) In lieu of such private applicator examination, the secretary
570	1046		may accept attendance and satisfactory completion of a training course
571		-	approved by the secretary pursuant to K.S.A. 2-2445a, and
572		-	~~amendments~~ thereto. If certification is renewed by training, the renewal
573		-	~~application~~ form shall be accompanied by a recertification-by-training
574		-	~~fee of $50~~ unless a fee not to exceed $50 is established in rules and
575		-	~~regulations~~ adopted by the secretary.
	1047	+	approved by the secretary pursuant to K.S.A. 2-2445a, and amendments
	1048	+	thereto. If certification is renewed by training, the renewal application
	1049	+	form shall be accompanied by a recertification-by-training fee of $50
	1050	+	unless a fee not to exceed $50 is established in rules and regulations
	1051	+	adopted by the secretary.
576	1052		(e) A pest control technician's registration may be renewed for a
577	1053		succeeding one-year period by paying the fees prescribed in K.S.A. 2-
578		-	2440b, and amendments thereto, completing the renewal form
579		-	~~prescribed~~ by the secretary, and completing any requirements
580		-	~~concerning retraining~~ prescribed by rules and regulations.
581		-	Sec. 10. K.S.A. 2-2448 is hereby amended to read as follows: 2-
582		-	~~2448.~~ (a) Except as provided by subsection (b), the secretary shall not
583		-	~~issue a~~ pesticide business license until the applicant has furnished proof
584		-	of financial responsibility by one of the following:
	1054	+	2440b, and amendments thereto, completing the renewal form prescribed
	1055	+	by the secretary, and completing any requirements concerning retraining
	1056	+	prescribed by rules and regulations.
	1057	+	Sec. 10. K.S.A. 2-2448 is hereby amended to read as follows: 2-2448.
	1058	+	(a) Except as provided by subsection (b), the secretary shall not issue a
	1059	+	pesticide business license until the applicant has furnished proof of
	1060	+	financial responsibility by one of the following:
585	1061		(1) A surety bond in an amount not less than $6,000 per year. The
586		-	bond shall be executed by a corporate surety and shall state the
587		-	effective date and the expiration date. The surety bond shall be
588		-	executed on a form approved by the secretary. The applicant shall be
589		-	named as the principal in the bond. Such bond shall be to the state of
590		-	Kansas and shall be conditioned upon compliance by the principal and
591		-	by the principal's officers, agents, representatives and employees, with
592		-	the provisions of this act and acts amendatory thereof and supplemental
593		-	amendments thereto. It shall be unlawful for any licensed person to use
594		-	the words "bond" or "bonded" in advertising or in publicizing such HOUSE BILL No. 2607—page 11
595		-	person's operations in connection with the application of pesticides
596		-	unless such bond is a performance bond and that fact such designation
597		-	and the amount of such bond are specified.
598		-	(2) A certificate of liability insurance. The certificate of liability
599		-	insurance shall be executed by an insurance company authorized to do
600		-	business in Kansas or by a licensed insurance agent operating under
601		-	authority of K.S.A. 40-246b, and amendments thereto, and shall state
602		-	the effective date and the expiration date of the policy. Such liability
603		-	insurance shall be subject to the insurer's policy provisions filed with
604		-	and approved by the commissioner of insurance pursuant to K.S.A. 40-
605		-	216, and amendments thereto, except as authorized by K.S.A. 40-246b,
606		-	and amendments thereto. The liability insurance policy shall provide:
607		-	(A) Coverage for not less than $25,000 for bodily injury liability for
608		-	each occurrence; and (B) coverage for not less than $5,000 for property
609		-	damage liability for each occurrence. In addition to the coverage
610		-	specified above, if the applicant for a pesticide business license is an
611		-	aerial applicator, the liability insurance policy shall provide coverage
612		-	for any pesticide such applicant will be applying and for
613		-	comprehensive chemical coverage. Pesticide application equipment, if
614		-	required to be registered under K.S.A. 2-2456, and amendments
615		-	thereto, shall be covered. The insurer shall notify the secretary, in
616		-	writing, of any expiration, reduction or cancellation of liability
617		-	insurance, furnished as a prerequisite of licensure, not later than 10
618		-	days before the expiration, reduction or cancellation takes effect. Upon
619		-	expiration, reduction or cancellation of the liability insurance, the
620		-	secretary shall suspend such pesticide applicator's business license until
621		-	the insurance requirement is met by the licensee for the current license
622		-	period. The certificate shall be executed on a form approved by the
	1062	+	bond shall be executed by a corporate surety and shall state the effective
	1063	+	date and the expiration date. The surety bond shall be executed on a form
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	1107	+	approved by the secretary. The applicant shall be named as the principal in
	1108	+	the bond. Such bond shall be to the state of Kansas and shall be
	1109	+	conditioned upon compliance by the principal and by the principal's
	1110	+	officers, agents, representatives and employees, with the provisions of this
	1111	+	act and acts amendatory thereof and supplemental thereto. It shall be
	1112	+	unlawful for any licensed person to use the words "bond" or "bonded" in
	1113	+	advertising or in publicizing such person's operations in connection with
	1114	+	the application of pesticides unless such bond is a performance bond and
	1115	+	that fact and the amount of such bond are specified.
	1116	+	(2) providing a certificate of liability insurance. The certificate of
	1117	+	liability insurance shall be executed by an insurance company authorized
	1118	+	to do business in Kansas or by a licensed insurance agent operating under
	1119	+	authority of K.S.A. 40-246b, and amendments thereto, and shall state the
	1120	+	effective date and the expiration date of the policy. Such liability insurance
	1121	+	shall be subject to the insurer's policy provisions filed with and approved
	1122	+	by the commissioner of insurance pursuant to K.S.A. 40-216, and
	1123	+	amendments thereto, except as authorized by K.S.A. 40-246b, and
	1124	+	amendments thereto. The liability insurance policy shall provide: (A) (1)
	1125	+	Coverage for not less than $25,000 for bodily injury liability for each
	1126	+	occurrence; and (B) (2) coverage for not less than $5,000 for property
	1127	+	damage liability for each occurrence. In addition to the coverage specified
	1128	+	above, if the applicant for a pesticide business license is an aerial
	1129	+	applicator, the liability insurance policy shall provide coverage for any
	1130	+	pesticide such applicant will be applying and for comprehensive chemical
	1131	+	coverage. Pesticide application equipment, if required to be registered
	1132	+	under K.S.A. 2-2456, and amendments thereto, shall be covered. The
	1133	+	insurer shall notify the secretary, in writing, of any expiration, reduction or
	1134	+	cancellation of liability insurance, furnished as a prerequisite of licensure,
	1135	+	not later than 10 days before the expiration, reduction or cancellation takes
	1136	+	effect. Upon expiration, reduction or cancellation of the liability insurance,
	1137	+	the secretary shall suspend such pesticide applicator's business license
	1138	+	until the insurance requirement is met by the licensee for the current
	1139	+	license period. The certificate shall be executed on a form approved by the
623	1140		secretary.
624	1141		(3) A $6,000 letter of credit from a Kansas financial institution, as
625	1142		defined in K.S.A. 16-117, and amendments thereto. The letter of credit
626		-	shall be executed on a form approved by the secretary. The letter of
627		-	credit shall state the effective date and the expiration date and shall be
628		-	valid through the term of the applicant's business license. Upon
629		-	cancellation of the letter of credit, the secretary shall suspend such
630		-	pesticide applicator's business license until the letter of credit
631		-	requirement is met by the licensee for the current license period.
632		-	(4) Maintaining a minimum balance of $6,000 in an escrow
633		-	account in a Kansas financial institution as defined in K.S.A. 16-117,
634		-	and amendments thereto. The escrow account shall maintain the
635		-	minimum balance through the term of the applicant's business license.
636		-	The secretary shall be notified in writing by the financial institution
637		-	within 10 days if the amount in the escrow account falls below the
638		-	$6,000 minimum balance. Upon notification, the secretary shall
639		-	suspend such pesticide applicator's business license until the escrow
640		-	account minimum balance is at $6,000.
	1143	+	shall be executed on a form approved by the secretary. The letter of credit
	1144	+	shall state the effective date and the expiration date and shall be valid
	1145	+	through the term of the applicant's business license. Upon cancellation of
	1146	+	the letter of credit, the secretary shall suspend such pesticide applicator's
	1147	+	business license until the letter of credit requirement is met by the licensee
	1148	+	for the current license period.
	1149	+	(4) Maintaining a minimum balance of $6,000 in an escrow account
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	1193	+	in a Kansas financial institution as defined in K.S.A. 16-117, and
	1194	+	amendments thereto. The escrow account shall maintain the minimum
	1195	+	balance through the term of the applicant's business license. The secretary
	1196	+	shall be notified in writing by the financial institution within 10 days if the
	1197	+	amount in the escrow account falls below the $6,000 minimum balance.
	1198	+	Upon notification, the secretary shall suspend such pesticide applicator's
	1199	+	business license until the escrow account minimum balance is at $6,000.
641	1200		(b) Before June 1, 1994, the financial responsibility and proof of
642		-	financial responsibility required pursuant to this section prior to March
643		-	1, 1994, shall continue to apply to any pesticide business holding a
644		-	~~valid~~ pesticide business license on February 28, 1994, and no different
645		-	or additional financial responsibility or proof of financial responsibility
646		-	~~shall~~ be required of such business. On or before June 1, 1994, each
647		-	~~pesticide~~ business licensed before March 1, 1994, shall furnish to the
648		-	~~secretary proof~~ of financial responsibility conforming to the
649		-	~~requirements of this section~~ as amended by this act.
	1201	+	financial responsibility required pursuant to this section prior to March 1,
	1202	+	1994, shall continue to apply to any pesticide business holding a valid
	1203	+	pesticide business license on February 28, 1994, and no different or
	1204	+	additional financial responsibility or proof of financial responsibility shall
	1205	+	be required of such business. On or before June 1, 1994, each pesticide
	1206	+	business licensed before March 1, 1994, shall furnish to the secretary proof
	1207	+	of financial responsibility conforming to the requirements of this section
	1208	+	as amended by this act.
650	1209		(c) The requirements of this section as amended by this act shall
651		-	apply to any applicant applying for an original pesticide business
652		-	~~license~~ on or after March 1, 1994, and no different or additional
653		-	~~financial~~ responsibility or proof of financial responsibility shall be ~~HOUSE BILL No. 2607—page 12~~
654		-	~~required of such~~ applicant.
	1210	+	apply to any applicant applying for an original pesticide business license
	1211	+	on or after March 1, 1994, and no different or additional financial
	1212	+	responsibility or proof of financial responsibility shall be required of such
	1213	+	applicant.
655	1214		(b) (1) Prior to January 1, 2025, any existing proof of financial
656		-	responsibility that has been properly filed with the secretary and
657		-	~~remains~~ valid shall fulfill the proof of financial responsibility
658		-	~~requirements of the~~ Kansas pesticide law.
	1215	+	responsibility that has been properly filed with the secretary and remains
	1216	+	valid shall fulfill the proof of financial responsibility requirements of the
	1217	+	Kansas pesticide law.
659	1218		(2) On and after January 1, 2025, pesticide business licensees and
660		-	applicants shall have a certificate of liability insurance or surety bond
661		-	properly filed with the secretary in accordance with the provisions of
662		-	this section to fulfill the proof of financial responsibility requirements
663		-	of the Kansas pesticide law.
664		-	Sec. 11. K.S.A. 2-2449 is hereby amended to read as follows: 2-
665		-	2449. The secretary may deny, suspend, revoke or modify the
666		-	provisions of any license, registration, permit or certificate issued under
667		-	this act, if the secretary finds, after notice and opportunity for a hearing
668		-	are given in accordance with the provisions of the Kansas
669		-	administrative procedure act, that the applicant, licensee, registrant,
670		-	permit holder or certificate holder has:
	1219	+	applicants shall have a certificate of liability insurance properly filed with
	1220	+	the secretary in accordance with the provisions of this section to fulfill the
	1221	+	proof of financial responsibility requirements of the Kansas pesticide law.
	1222	+	Sec. 11. K.S.A. 2-2449 is hereby amended to read as follows: 2-2449.
	1223	+	The secretary may deny, suspend, revoke or modify the provisions of any
	1224	+	license, registration, permit or certificate issued under this act, if the
	1225	+	secretary finds, after notice and opportunity for a hearing are given in
	1226	+	accordance with the provisions of the Kansas administrative procedure act,
	1227	+	that the applicant, licensee, registrant, permit holder or certificate holder
	1228	+	has:
671	1229		(a) Been convicted of or pleaded guilty to a violation of this act, or
672		-	been convicted of or pleaded guilty to a felony under the laws of this
673		-	state or of the United States, if the secretary determines, after
674		-	investigation, that such person has not been sufficiently rehabilitated to
675		-	warrant the public trust;
676		-	(b) failed to comply with any provision or requirement of this act
677		-	or any rule and regulation adopted thereunder, or any of the laws or
678		-	rules and regulations of any other state or the United States relating to
679		-	licensing or other provisions concerning pesticide use or control; or
	1230	+	been convicted of or pleaded guilty to a felony under the laws of this state
	1231	+	or of the United States, if the secretary determines, after investigation, that
	1232	+	such person has not been sufficiently rehabilitated to warrant the public
	1233	+	trust;
	1234	+	(b) failed to comply with any provision or requirement of this act or
	1235	+	any rule and regulation adopted thereunder, or any of the laws or rules and
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	1279	+	regulations of any other state or the United States relating to licensing or
	1280	+	other provisions concerning pesticide use or control; or
680	1281		(c) had any license, certificate, registration or permit issued to the
681		-	person under this act, or the pest control or pesticide use laws of any
682		-	other state revoked.
683		-	Sec. 12. K.S.A. 2-2450 is hereby amended to read as follows: 2-
684		-	2450. (a) If the surety bond, or certificate of liability insurance, letter of
685		-	credit or proof of an escrow account previously furnished by the
686		-	licensee expires or is canceled or terminated, the secretary shall
687		-	suspend without a hearing the pesticide business license until an
688		-	acceptable substitute surety bond, letter of credit, proof of an escrow
689		-	account or a certificate establishing acceptable replacement of liability
690		-	insurance is supplied.
691		-	(b) If the pesticide business fails to employ one or more
692		-	commercial applicators certified in each category and subcategory in
693		-	which the pesticide business makes commercial pesticide applications,
694		-	the secretary may suspend, without a hearing, the pesticide business
695		-	license for that category until the pesticide business employs a
696		-	commercial applicator with the appropriate certification.
697		-	Sec. 13. K.S.A. 2-2455 is hereby amended to read as follows: 2-
698		-	2455. (a) Each pesticide business shall present to each customer for
699		-	whom such business performs a pest control service involving the
700		-	application of pesticides a statement of services or contract setting forth
701		-	the following information:
702		-	(1) Business name and, address and license number of the
703		-	pesticide business licensee;
	1282	+	person under this act, or the pest control or pesticide use laws of any other
	1283	+	state revoked.
	1284	+	Sec. 12. K.S.A. 2-2450 is hereby amended to read as follows: 2-2450.
	1285	+	(a) If the surety bond, certificate of liability insurance, letter of credit or
	1286	+	proof of an escrow account previously furnished by the licensee expires or
	1287	+	is canceled or terminated, the secretary shall suspend without a hearing the
	1288	+	pesticide business license until an acceptable substitute surety bond, letter
	1289	+	of credit, proof of an escrow account or a certificate establishing
	1290	+	acceptable replacement of liability insurance is supplied.
	1291	+	(b) If the pesticide business fails to employ one or more commercial
	1292	+	applicators certified in each category and subcategory in which the
	1293	+	pesticide business makes commercial pesticide applications, the secretary
	1294	+	may suspend, without a hearing, the pesticide business license for that
	1295	+	category until the pesticide business employs a commercial applicator with
	1296	+	the appropriate certification.
	1297	+	Sec. 13. K.S.A. 2-2455 is hereby amended to read as follows: 2-2455.
	1298	+	(a) Each pesticide business shall present to each customer for whom such
	1299	+	business performs a pest control service involving the application of
	1300	+	pesticides a statement of services or contract setting forth the following
	1301	+	information:
	1302	+	(1) Business name and, address and license number of the pesticide
	1303	+	business licensee;
704	1304		(2) name and address of the customer;
705	1305		(3) pest or pests to be controlled, which may be stated in general
706	1306		terms;
707		-	(4) pesticide to be used including the quantity applied and total
708		-	~~area~~ to which the pesticide is applied;
	1307	+	(4) pesticide to be used including the quantity applied and total area
	1308	+	to which the pesticide is applied;
709	1309		(5) the concentration or rate of application, when applicable;
710		-	(6) the date and, location and start and end time of the application
711		-	of the pesticide;
712		-	(7) the expiration date of all guarantees, if any be given; HOUSE BILL No. 2607—page 13
713		-	(8) the signature and applicator certification number of the
714		-	individual who performed the pest control service or the application of
715		-	pesticides;
716		-	(9) the signature and applicator certification number of the
717		-	individual who supervised the performance of the pest control service
718		-	or the application of pesticides, when applicable;
	1310	+	(6) the date and, location and start and end time of the application of
	1311	+	the pesticide;
	1312	+	(7) the expiration date of all guarantees, if any be given;
	1313	+	(8) the signature and applicator certification number of the individual
	1314	+	who performed the pest control service or the application of pesticides;
	1315	+	(9) the signature and applicator certification number of the individual
	1316	+	who supervised the performance of the pest control service or the
	1317	+	application of pesticides, when applicable;
719	1318		(10) the wind direction and velocity, when applicable; and
720	1319		(11) that the application was less than label rate, when applicable.
721	1320		(b) Whenever the service involving the application of pesticides is
722	1321		performed for the purpose of controlling termites, powder-post beetles,
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723	1365		wood borers, wood-rot fungus or any other wood destroying pest, the
724		-	following information shall be included in addition to that required
725		-	under subsection (a):
726		-	(1) The conditions under which retreatments, if any are to be
727		-	made;
728		-	(2) the approximate date or dates of inspections, for any to be
729		-	made after the original application of the pesticide; and
730		-	(3) a diagram of the structure to be treated, showing the location
731		-	of visible evidence of active and inactive infestations by any wood
732		-	destroying pest or pests for which the treatment is proposed; where a
733		-	partial or spot treatment is to be made, this diagram shall also show the
734		-	area or areas of the structure which that are to be treated.
	1366	+	following information shall be included in addition to that required under
	1367	+	subsection (a):
	1368	+	(1) The conditions under which retreatments, if any are to be made;
	1369	+	(2) the approximate date or dates of inspections, for any to be made
	1370	+	after the original application of the pesticide; and
	1371	+	(3) a diagram of the structure to be treated, showing the location of
	1372	+	visible evidence of active and inactive infestations by any wood destroying
	1373	+	pest or pests for which the treatment is proposed; where a partial or spot
	1374	+	treatment is to be made, this diagram shall also show the area or areas of
	1375	+	the structure which that are to be treated.
735	1376		(c) (1) The required statement of services or contract for services
736	1377		involving the application of pesticides may be incorporated into any
737	1378		business form used by the pesticide business licensee.
738	1379		(2) The statement of services or contract shall be presented to the
739		-	customer in paper format, unless the customer agrees to receive all or
740		-	~~part~~ of the statement of services or contract in electronic format.
	1380	+	customer in paper format, unless the customer agrees to receive all or part
	1381	+	of the statement of services or contract in electronic format.
741	1382		(3) The pesticide business licensee shall present the statement of
742	1383		services or contract to the customer within 30 days of when the pest
743		-	control services were provided and prior to the due date for payment of
744		-	~~the~~ services, if the services are not a prepaid agreement. Upon the
745		-	~~customer's~~ request, the statement of services or contract shall be
746		-	~~presented to the~~ customer no later than the close of business on the
747		-	~~business day following~~ the request.
	1384	+	control services were provided and prior to the due date for payment of the
	1385	+	services, if the services are not a prepaid agreement. Upon the customer's
	1386	+	request, the statement of services or contract shall be presented to the
	1387	+	customer no later than the close of business on the business day following
	1388	+	the request.
748	1389		(4) Upon request of the secretary or the secretary's designee, a
749		-	duplicate of the statement of services or contract provided to the
750		-	~~customer~~ shall be made available within two business days to the
751		-	~~secretary or the~~ secretary's designee.
752		-	(5) Any pesticide business licensee using aerial methods of
753		-	~~applying~~ pesticides may present such information at any time prior to
754		-	~~the time~~ payment is accepted.
	1390	+	duplicate of the statement of services or contract provided to the customer
	1391	+	shall be made available within two business days to the secretary or the
	1392	+	secretary's designee.
	1393	+	(5) Any pesticide business licensee using aerial methods of applying
	1394	+	pesticides may present such information at any time prior to the time
	1395	+	payment is accepted.
755	1396		(6) The statement of services or contract may be signed using the
756	1397		legible printed names of the individuals who performed and, when
757	1398		applicable, supervised the performance of the pest control service or the
758	1399		application of pesticide.
759	1400		(7) The pesticide business licensee shall retain a copy of each
760	1401		statement of services or contract in such licensee's files for a period of
761	1402		three years from the expiration date of any statement of services or
762	1403		contract.
763	1404		(8) Each pesticide business licensee shall faithfully carry out the
764		-	stipulations set forth in any statement of services or contract prepared
765		-	by such licensee or any of its representatives.
	1405	+	stipulations set forth in any statement of services or contract prepared by
	1406	+	such licensee or any of its representatives.
766	1407		(d) Each pesticide business licensee shall make available to the
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767	1451		secretary upon request, a copy of any statement of services or contract,
768		-	records of all pesticide applications during any specified period,
769		-	~~records of~~ all employees who performed any service involving, or in
770		-	~~conjunction~~ with, the application of pesticides and any other requested
771		-	~~information~~ pertinent to the administration of this act or any rule or ~~HOUSE BILL No. 2607—page 14~~
772		-	~~regulation adopted~~ hereunder by the secretary.
	1452	+	records of all pesticide applications during any specified period, records of
	1453	+	all employees who performed any service involving, or in conjunction
	1454	+	with, the application of pesticides and any other requested information
	1455	+	pertinent to the administration of this act or any rule or regulation adopted
	1456	+	hereunder by the secretary.
773	1457		(e) (1) Each government agency shall maintain records relating to
774	1458		each application of pesticide made by such government agency.
775	1459		(2) Such records shall be provided to the secretary upon request.
776	1460		(3) Such records shall include the following information:
777		-	(A) The name, complete street address and registration number of
778		-	~~the~~ government agency;
779		-	(B) the pest or pests to be controlled, which may be stated in
780		-	~~general~~ terms;
781		-	(C) the pesticide to be used, including the quantity applied and
782		-	~~total~~ area where the pesticide is applied;
	1461	+	(A) The name, complete street address and registration number of the
	1462	+	government agency;
	1463	+	(B) the pest or pests to be controlled, which may be stated in general
	1464	+	terms;
	1465	+	(C) the pesticide to be used, including the quantity applied and total
	1466	+	area where the pesticide is applied;
783	1467		(D) the concentration or rate of application, when applicable;
784		-	(E) the date, location and start and end time of the application of
785		-	~~the~~ pesticide;
	1468	+	(E) the date, location and start and end time of the application of the
	1469	+	pesticide;
786	1470		(F) the signature and applicator certification number of the
787	1471		individual who performed the pest control service or the application of
788	1472		pesticides;
789	1473		(G) the signature and applicator certification number of the
790		-	individual who supervised the performance of the pest control service
791		-	or the application of pesticides, when applicable;
	1474	+	individual who supervised the performance of the pest control service or
	1475	+	the application of pesticides, when applicable;
792	1476		(H) the wind direction and velocity, when applicable;
793	1477		(I) that the application was less than label rate, when applicable;
794		-	(J) the complete product name of the pesticide as the name
795		-	~~appears~~ on the label; and
	1478	+	(J) the complete product name of the pesticide as the name appears
	1479	+	on the label; and
796	1480		(K) the pesticide EPA registration number.
797		-	(f) Pesticide business licensees and government agencies shall
798		-	create or verify the existence of records documenting that each
799		-	uncertified applicator has the necessary qualifications as set forth in
800		-	rules and regulations adopted by the secretary.
801		-	(g) The secretary shall require certified commercial applicators
802		-	who are not employed by or otherwise acting for a pesticide business
803		-	licensee to maintain records concerning applications of restricted use
804		-	pesticides. The secretary shall specify by rules and regulations the
805		-	information to be contained in such records, which. Such records shall
806		-	be maintained for three years from the date of application of the
807		-	pesticide concerned. Such records shall be open to inspection by the
808		-	secretary or the secretary's designee during normal business hours, and
809		-	copies shall be furnished to the secretary or the secretary's designee
810		-	upon request.
811		-	Sec. 14. K.S.A. 2-2461 is hereby amended to read as follows: 2-
812		-	2461. (a) Any person other than a certified private applicator violating
813		-	or failing to comply with any provision of this act or any authorized
814		-	rule or regulation of the secretary shall be deemed guilty of a class A
815		-	misdemeanor. Each separate violation shall constitute a separate
816		-	offense.
817		-	(b) Any certified private applicator who violates any of the
818		-	provisions of this act or any authorized rules and regulations of the
819		-	secretary shall be deemed guilty of a misdemeanor, and upon
820		-	conviction shall be punished by a fine of not less than $100 and not
821		-	more than $500. Each day of operation after notice shall constitute a
822		-	separate offense.
	1481	+	(f) Pesticide business licensees and government agencies shall create
	1482	+	or verify the existence of records documenting that each uncertified
	1483	+	applicator has the necessary qualifications as set forth in rules and
	1484	+	regulations adopted by the secretary.
	1485	+	(g) The secretary shall require certified commercial applicators who
	1486	+	are not employed by or otherwise acting for a pesticide business licensee
	1487	+	to maintain records concerning applications of restricted use pesticides.
	1488	+	The secretary shall specify by rules and regulations the information to be
	1489	+	contained in such records, which. Such records shall be maintained for
	1490	+	three years from the date of application of the pesticide concerned. Such
	1491	+	records shall be open to inspection by the secretary or the secretary's
	1492	+	designee during normal business hours, and copies shall be furnished to
	1493	+	the secretary or the secretary's designee upon request.
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	1537	+	Sec. 14. K.S.A. 2-2461 is hereby amended to read as follows: 2-2461.
	1538	+	(a) Any person other than a certified private applicator violating or failing
	1539	+	to comply with any provision of this act or any authorized rule or
	1540	+	regulation of the secretary shall be deemed guilty of a class A
	1541	+	misdemeanor. Each separate violation shall constitute a separate offense.
	1542	+	(b) Any certified private applicator who violates any of the provisions
	1543	+	of this act or any authorized rules and regulations of the secretary shall be
	1544	+	deemed guilty of a misdemeanor, and upon conviction shall be punished
	1545	+	by a fine of not less than $100 and not more than $500. Each day of
	1546	+	operation after notice shall constitute a separate offense.
823	1547		(c) The district courts of Kansas shall have jurisdiction to restrain
824	1548		violations of this act by injunction without the institution of criminal
825	1549		proceedings. Said Such injunction shall be issued without bond.
826	1550		Sec. 15. K.S.A. 2-2467a is hereby amended to read as follows: 2-
827		-	2467a. The secretary is hereby authorized to promulgate and adopt
828		-	rules and regulations for the administration of this act and concerning
829		-	the following matters which include, but are, including, but not limited
830		-	to: HOUSE BILL No. 2607—page 15
831		-	(a) The designation of certain pesticides as restricted use
832		-	pesticides as provided in K.S.A. 2-2439, and amendments thereto;
833		-	(b) the designation of categories for the issuance of pesticide
834		-	business licenses as provided in K.S.A. 2-2444a, and amendments
835		-	thereto;
836		-	(c) the designation of categories for the certification of applicators
837		-	as provided in K.S.A. 2-2444a, and amendments thereto;
	1551	+	2467a. The secretary is hereby authorized to promulgate and adopt rules
	1552	+	and regulations for the administration of this act and concerning the
	1553	+	following matters which include, but are, including, but not limited to:
	1554	+	(a) The designation of certain pesticides as restricted use pesticides as
	1555	+	provided in K.S.A. 2-2439, and amendments thereto;
	1556	+	(b) the designation of categories for the issuance of pesticide business
	1557	+	licenses as provided in K.S.A. 2-2444a, and amendments thereto;
	1558	+	(c) the designation of categories for the certification of applicators as
	1559	+	provided in K.S.A. 2-2444a, and amendments thereto;
838	1560		(d) the designation of training requirements for those persons
839		-	applying for a pest control technician's registration as provided in
840		-	~~K.S.A.~~ 2-2440b, and amendments thereto;
	1561	+	applying for a pest control technician's registration as provided in K.S.A.
	1562	+	2-2440b, and amendments thereto;
841	1563		(e) the registration and identification of equipment used in the
842	1564		commercial application of pesticides as provided in K.S.A. 2-2456, and
843	1565		amendments thereto;
844	1566		(f) the storing and discarding of pesticides, pesticide materials,
845	1567		pesticide rinsates and pesticide containers;
846	1568		(g) proper health and safety precautions;
847		-	(h) proof of financial responsibility, including acceptable surety
848		-	bond, or liability insurance coverage, letter of credit or proof of an
849		-	escrow account;
850		-	(i) furnishing of reports and information necessary for the
851		-	secretary to carry out the provisions of this act; and
	1569	+	(h) proof of financial responsibility including acceptable surety bond,
	1570	+	liability insurance coverage, letter of credit or proof of an escrow account;
	1571	+	(i) furnishing of reports and information necessary for the secretary to
	1572	+	carry out the provisions of this act; and
852	1573		(j) imposing limitations on the use of any pesticide in a manner
853	1574		inconsistent with its label or labeling, pursuant to K.S.A. 2-2471, and
854	1575		amendments thereto; and
855	1576		(k) any procedural or other matters related to the designation of
856	1577		pesticide management areas.
857		-	Sec. 16. K.S.A. 2-3310 is hereby amended to read as follows: 2-
858		-	3310. The secretary, after notice and opportunity for a hearing in
859		-	accordance with the provisions of the Kansas administrative procedure
860		-	act, may deny, suspend, revoke or modify the provisions of any permit
861		-	issued under this act, if the secretary finds that the applicant, registrant
862		-	or permit holder has:
863		-	(a) Been convicted of or pleaded guilty to a violation of this act or
864		-	the Kansas pesticide law, or has been convicted of or pleaded guilty to
865		-	a felony under the laws of this state or of the United States, if the board
866		-	determines, after investigation, that such person has not been
867		-	sufficiently rehabilitated to warrant the public trust;
868		-	(b) failed to comply with any provision or requirement of this act
869		-	or any rule and regulation adopted thereunder; or
870		-	(c) had any certificate, registration or permit issued under this act
871		-	or the Kansas pesticide law revoked. HOUSE BILL No. 2607—page 16
	1578	+	Sec. 16. K.S.A. 2-3310 is hereby amended to read as follows: 2-3310.
	1579	+	The secretary, after notice and opportunity for a hearing in accordance
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	1623	+	with the provisions of the Kansas administrative procedure act, may deny,
	1624	+	suspend, revoke or modify the provisions of any permit issued under this
	1625	+	act, if the secretary finds that the applicant, registrant or permit holder has:
	1626	+	(a) Been convicted of or pleaded guilty to a violation of this act or the
	1627	+	Kansas pesticide law, or has been convicted of or pleaded guilty to a
	1628	+	felony under the laws of this state or of the United States, if the board
	1629	+	determines, after investigation, that such person has not been sufficiently
	1630	+	rehabilitated to warrant the public trust;
	1631	+	(b) failed to comply with any provision or requirement of this act or
	1632	+	any rule and regulation adopted thereunder; or
	1633	+	(c) had any certificate, registration or permit issued under this act or
	1634	+	the Kansas pesticide law revoked.
872	1635		Sec. 17. K.S.A. 2-2438a, 2-2440, 2-2440b, 2-2440e, 2-2443a, 2-
873		-	2444a, 2-2445a, 2-2446, 2-2448, 2-2449, 2-2450, 2-2455, 2-2461, 2-
874		-	~~2467a~~ and 2-3310 are hereby repealed.
	1636	+	2444a, 2-2445a, 2-2446, 2-2448, 2-2449, 2-2450, 2-2455, 2-2461, 2-2467a
	1637	+	and 2-3310 are hereby repealed.
875	1638		Sec. 18. This act shall take effect and be in force from and after its
876	1639		publication in the statute book.
877		-	I hereby certify that the above BILL originated in the House, and passed
878		-	that body
879		-	HOUSE concurred in
880		-	SENATE amendments __________________________________________________________________
881		-
882		-	Speaker of the House.
883		-
884		-	Chief Clerk of the House.
885		-
886		-	Passed the SENATE
887		-	as amended
888		-
889		-	President of the Senate.
890		-
891		-	Secretary of the Senate.
892		-	APPROVED ______________________________________________________________________________
893		-
894		-	Governor.
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