COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 528
(By Senator Kessler)
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[Originating in the Committee on Finance;
reported February 21, 2007.]
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A BILL 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
hereunder 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
section
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
so issued expires at the end of the calendar
year of issue, unless it has been revoked or suspended prior
thereto 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
said 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
therefor for the denial.
(e) All persons applying pesticides as a pesticide business,
whether or not they are applying restricted-use pesticides,
must
shall be a certified applicator in the appropriate category or
subcategory or
must 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
General Revenue Fund 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
hereby created 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
or and civil
penalties collected
hereunder 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.
Dealer, commercial and private applicator license fees and
pesticide application business license fees shall be deposited in
the General Revenue Fund of the state.
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