ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 528
(Senator Kessler, original sponsor)
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[Passed March 10, 2007; to take effect July 1, 2007]
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AN ACT to amend and reenact §19-16A-7 and §19-16A-23 of the Code of
West Virginia, 1931, as amended, all relating to depositing
the pesticide dealer, commercial and private applicator and
business applicator license fees into the Pesticide Control
Fund.
Be it enacted by the Legislature of West Virginia:
That §19-16A-7 and §19-16A-23 of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 16A. WEST VIRGINIA PESTICIDE CONTROL ACT.
§19-16A-7. Annual pesticide business license.
(a) No person may engage in the application of pesticides for
hire at any time without a pesticide application business license
issued by the commissioner. The commissioner shall require an
annual fee for each pesticide application business license issued
as prescribed by rules promulgated under this article.
(b) Application for a pesticide application business license
shall be made in writing to the commissioner on forms approved or
supplied by the commissioner. Each application for a license shall
contain information regarding the applicant's qualifications and
proposed operations, license classification or classifications the
applicant is applying for and shall include the following:
(1) The full name of the person applying for the license;
(2) If different from subdivision (1) of this subsection, the
full name of the individual qualifying under subsection (c) of this
section;
(3) If the applicant is a person other than an individual, the
full name of each member of the firm or partnership or the names of
the officers of the association, corporation or group;
(4) The principal business address of the applicant in the
state and elsewhere;
(5) The address of each branch office or suboffice from which
the business of applying pesticides is carried on. Each suboffice
shall be licensed;
(6) The name and address of each certified commercial
applicator applying pesticides or supervising the application of
pesticides for the pesticide application business;
(7) State tax number; and
(8) Any other necessary information prescribed by the
commissioner.
(c) The commissioner may not issue a pesticide application
business license until the owner, manager, partner or corporate
officer is qualified by passing an examination to demonstrate to
the commissioner his or her knowledge of the state and federal
pesticide laws, safe use and storage of pesticides. The pesticide
application business shall be limited to the classification or
classifications for which the business maintains certified
commercial applicators in their employ.
(d) If the commissioner finds the applicant qualified to apply
pesticides in the classifications the applicant has applied for,
and if the applicant files the financial security required by this
article, and if the applicant applying for a license to engage in
aerial application of pesticides has met all the requirements of
the federal aviation agency, the aeronautics commission of this
state, and any other applicable federal or state laws or
regulations to operate the equipment described in the application,
the commissioner shall issue a pesticide application business
license. The license expires at the end of the calendar year of
issue, unless it has been revoked or suspended prior to expiration
by the commissioner for cause. When the financial security required
under this article is dated to expire at an earlier date, the
license shall be dated to expire upon expiration date of the
financial security. The commissioner may limit the license of the
applicant to certain classifications of pest control work, or to certain areas or to certain types of equipment or to certain
specific pesticides if the applicant is only so qualified. If a
license is not issued as applied for, the commissioner shall inform
the applicant in writing of the reasons for the denial.
(e) All persons applying pesticides as a pesticide business,
whether or not they are applying restricted-use pesticides, shall
be a certified applicator in the appropriate category or
subcategory or shall be a registered technician under the direct
supervision of a certified commercial applicator.
(f) All funds collected pursuant to this section shall be
deposited in the Pesticide Control Fund of the state pursuant to
section twenty-three of this article.
§19-16A-23. Continuation of Pesticide Control Fund in State
Treasury; disposition of certain fees to General
Revenue Fund.
There is continued a special fund in the State Treasury to be
known as Pesticide Control Fund and may be expended on order of the
commissioner. All product registration fees, dealer, commercial and
private applicator license fees, pesticide application business
license fees, nondedicated fees and civil penalties collected under
this article shall be placed in the Pesticide Control Fund. The
proceeds of the Pesticide Control Fund may be used in carrying out
the purpose of this article.