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ENGROSSED SENATE
BILL NO. 1795 By: Alvord of the Senate
and
Lowe (Dick) of the House
An Act relating to pesticides; amending 2 O.S. 2021,
Section 3-82, as amended by Section 11, Chapter 72,
O.S.L. 2023 (2 O.S. Supp. 2023, Section 3 -82), which
relates to applicator licenses; modifying elements of
aerial license; making language gender neutral; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 O.S. 2021, Sect ion 3-82, as
amended by Section 11, Chapter 72, O.S.L. 2023 (2 O.S. Supp. 2023,
Section 3-82), is amended to read as follows:
Section 3-82. A. It shall be unlawful for any person to act,
operate, or do business or advertise as a commercial, noncommercial ,
certified applicator, temporary certified applicator, service
technician, or private applicator unless the person has obtained a
valid applicator’s license issued by the State Board of Agriculture
for the category of pesticide application in which the pe rson is
engaged, unless the person is applying to their his or her own
property.
B. A license may be issued by the Board in any category of
pesticide application if the applicant qualifies and the applicant
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is limited to the category of pesticide applicat ion named on the
license. The Board may establish categories of pesticide
application as necessary. Licenses shall be issued upon application
to the Board on a form prescribed by the Board. The application
shall contain information regarding the applica nt’s qualifications,
proposed operations, and other information as specified by the
Board.
C. 1. An aerial license shall not be issued or be valid unless
the applicant files with the Board a copy of a valid document issued
by the Federal Aviation Adminis tration showing that the person is
qualified to operate or supervise the operation of an aircraft
conducting agricultural operations and a copy of any other
applicable certification as required by the Federal Aviation
Administration for pesticide applicati on. Applicants for an aerial
license and pilots working under a license may be subject to a
complete and thorough background examination.
2. The Board shall promulgate rules regarding aerial
applicators and applications consistent with federal law and sh all
solicit the assistance of the Federal Aviation Administration in the
enforcement of this subsection.
D. Each business location shall require a separate license and
separate certified applicator except that a certified applicator for
a noncommercial business location may also serve as the certified
applicator for one commercial business location.
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E. A license shall not be issued for the category of pesticide
application of any applicant or representative who has a temporary
certification.
SECTION 2. This act shall become effective November 1, 2024.
Passed the Senate the 4th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives