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S.F. No. 0160 |
Pesticides. |
Sponsored By: Senator(s) Geis
AN ACT relating to pesticides; providing for direct supervision by licensed applicators; providing definitions; providing rulemaking authority for reciprocal agreements; providing penalties; limiting local regulation of pesticides; and providing for an effective date.
1/23/2013 Bill Number Assigned
1/23/2013 S Received for Introduction
1/23/2013 S Introduced and Referred to S05
1/30/2013 S05 Recommended Amend and Do Pass
ROLL CALL
Ayes: Senator(s) Driskill, Emerich, Geis, Hicks and Johnson
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
1/30/2013 S Placed on General File
SF0160SS001/ADOPTED
Page 1-line 3 Before "for" insert "rulemaking authority".
Page 2-line 5 Delete and insert "(b) All pesticide applications made for hire shall be under the direct supervision of a certified commercial applicator. All applications of restricted use pesticide shall be made under the direct supervision of a certified applicator.".
Page 2-line 6 Delete.
Page 2-line 7 Delete through "applicator.".
Page 4-line 19 Delete "or his agent".
Page 5-line 22 Delete "(a)".
Page 6-line 4 After "applicators." insert "The department shall, by rule and regulation, establish criteria for reciprocity including, but not limited to, formal agreements with other states, residency, categories and examination. The director is authorized to adopt additional rules and regulations necessary to implement this section.".
Page 6-lines 6 through 24 Delete.
Page 7-lines 1 through 11 Delete. GEIS, CHAIRMAN
1/31/2013 S Passed CoW
SF0160S2001/ADOPTED
Page 1-line 3 Before "penalties" insert "and amending".
Page 3-line 8 Delete "35‑7‑366" insert "35‑7‑364, 35‑7‑366(a) and".
Page 3-line 9 Delete "35‑7‑374(a)(iv)(intro)" insert "35‑7‑374 by creating a new subsection (b)".
Page 7-after line 11 Insert:
"35‑7‑364. Discarding and storing of pesticides and pesticide containers.
No person shall discard, transport, or store any registered pesticide or pesticide containers in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, beneficial insects or to pollute any waterway in a way harmful to any wildlife therein. The board of certification may promulgate rules and regulations governing the discarding and storing of such pesticides or pesticide containers.".
Page 7-after line 13 Insert:
"(a) Any
person certified
applicator violating any provision of W.S. 35‑7‑350
through 35‑7‑375 or regulation thereunder, or any person violating W.S. 35‑7‑356, 35‑7‑357
or 35‑7‑364 is guilty of a misdemeanor and upon
conviction shall be fined not more than five hundred dollars ($500.00) or
imprisoned in the county jail for not more than one (1) year, or both, for the
first offense, and upon conviction for a subsequent offense shall be fined not
more than one thousand dollars ($1,000.00) or imprisoned in the county jail for
not more than one (1) year, or both. Any offense committed more than three (3)
years after a previous conviction shall be considered a first offense.".
Page 7-line 23 Delete.
Page 8-lines 1 through 7 Delete.
Page 8-after line 7 Insert and renumber:
"(b) It is unlawful for a certified applicator to refuse to keep any records as required by the director by regulation or to refuse to allow the inspection of those records by the director during normal working hours.".
Section 3. W.S. 35‑7‑374(a)(ii) is repealed.".
Page 8-line 9 Delete "3" insert "4". PERKINS
2/1/2013 S Passed 2nd Reading
SF0160S3001/ADOPTED
Delete the Perkins Second Reading Amendment (SF0160S2001/A) entirely. DRISKILL
2/4/2013 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, JD S02, Anderson, JL S28, Barnard, Bebout, Burns, Christensen, Coe, Cooper, Craft, Dockstader, Driskill, Emerich, Esquibel, F., Geis, Hastert, Hicks, Hines, Johnson, Landen, Meier, Nutting, Peterson, Ross, Rothfuss and Schiffer
Nays: Senator(s) Case, Nicholas, P., Perkins, Scott and Von Flatern
Ayes 25 Nays 5 Excused 0 Absent 0 Conflicts 0
2/5/2013 H Received for Introduction
2/6/2013 H Introduced and Referred to H05
2/21/2013 H05 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Blake, Campbell, Eklund, Greear, Hunt, McKim, Semlek, Winters and Zwonitzer, Dn.
Ayes 9 Nays 0 Excused 0 Absent 0 Conflicts 0
2/21/2013 H Placed on General File
SF0160HS001/ADOPTED (TO ENGROSSED COPY)
Page 1-line 4 After "penalties;" insert "limiting local regulation of pesticides;".
Page 3-line 10 After "(intro)" insert "and by creating a new subsection (c)".
Page 7-After line 5 Insert:
"(c) Except as otherwise provided by the Wyoming Environmental Pesticide Control Act of 1973, no political subdivision of this state shall adopt or enforce any ordinance, resolution, rule or regulation regarding pesticides storage, sale, distribution, notification of use, or use that is more stringent than the Wyoming Environmental Pesticide Control Act of 1973 or rules promulgated thereunder.". SEMLEK, CHAIRMAN
2/22/2013 H Passed CoW
2/25/2013 H Passed 2nd Reading
2/26/2013 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Baker, Barlow, Berger, Blake, Blevins, Blikre, Brown, Byrd, Campbell, Cannady, Coleman, Connolly, Davison, Eklund, Esquibel, K., Filer, Freeman, Gay, Gingery, Goggles, Greear, Greene, Halverson, Harshman, Harvey, Hunt, Hutchings, Jaggi, Kasperik, Kirkbride, Krone, Larsen, Lockhart, Loucks, Lubnau, Madden, McKim, Moniz, Nicholas, B., Northrup, Patton, Paxton, Petroff, Piiparinen, Reeder, Semlek, Sommers, Stubson, Teeters, Throne, Wallis, Walters, Wilson, Winters, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Burkhart and Kroeker
Excused: Representative(s) Miller and Watt
Ayes 56 Nays 2 Excused 2 Absent 0 Conflicts 0
2/26/2013 S Received for Concurrence
2/26/2013 S Did Concur
ROLL CALL
Ayes: Senator(s) Anderson, JD S02, Anderson, JL S28, Barnard, Bebout, Burns, Coe, Cooper, Driskill, Emerich, Geis, Hines, Landen, Meier, Nicholas, P., Nutting, Peterson, Ross and Von Flatern
Nays: Senator(s) Case, Christensen, Craft, Dockstader, Esquibel, F., Hastert, Hicks, Johnson, Perkins, Rothfuss, Schiffer and Scott
Ayes 18 Nays 12 Excused 0 Absent 0 Conflicts 0
2/26/2013 Assigned Number SEA No. 0080
2/27/2013 S President Signed SEA No. 0080
2/27/2013 H Speaker Signed SEA No. 0080
3/13/2013 Governor Signed SEA No. 0080
3/13/2013 Assigned Chapter Number
Chapter No. 0153 Session Laws of Wyoming 2013