Bill Text: MS HB958 | 2010 | Regular Session | Engrossed

Mississippi House Bill 958 (Prior Session Legislation)

Bill Title: Department of Agriculture; provide for charging of fees for certain licenses and certifications.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Failed) 2010-03-02 - Died In Committee [HB958 Detail]

Download: Mississippi-2010-HB958-Engrossed.html

MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Appropriations

By: Representatives Stringer, Gardner

House Bill 958

(As Passed the House)

AN ACT TO AMEND SECTION 69-19-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE COMMISSIONER OF AGRICULTURE AND COMMERCE SHALL ESTABLISH AND CHARGE FEES FOR PEST/WEED CONTROL LICENSES, PEST/WEED TECHNICIAN LICENSES, CONSULTANT LICENSES, LANDSCAPE LICENSES, TREE SURGERY LICENSES, SOIL CLASSIFIER LICENSES AND PROFESSIONAL SERVICE BRANCH PERMITS AND FOR ADMINISTERING EXAMINATIONS TO APPLICANTS FOR THOSE LICENSES AND PERMITS; TO AMEND SECTION 69-23-27, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE COMMISSIONER SHALL ESTABLISH AND CHARGE FEES FOR PESTICIDE DEALER LICENSES AND FOR ADMINISTERING EXAMINATIONS TO APPLICANTS FOR THOSE LICENSES; TO AMEND SECTION 69-23-111, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE COMMISSIONER SHALL ESTABLISH AND CHARGE FEES FOR CERTIFICATION OF COMMERCIAL APPLICATORS OF PESTICIDES AND FOR ADMINISTERING EXAMINATIONS TO APPLICANTS FOR THAT CERTIFICATION; TO AMEND SECTION 69-25-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE COMMISSIONER SHALL ESTABLISH AND CHARGE FEES FOR CERTIFICATION OF NURSERIES AND FOR PLANT DEALER LICENSES; TO PROVIDE THAT ALL OF THOSE LICENSE, PERMIT AND EXAMINATION FEES SHALL BE DEPOSITED INTO A SPECIAL FUND IN THE STATE TREASURY TO THE CREDIT OF THE DEPARTMENT OF AGRICULTURE AND COMMERCE; TO AMEND SECTION 69-25-19, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISION; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 69-19-9, Mississippi Code of 1972, is amended as follows:

69-19-9. (1) (a) Any person desiring to engage in professional services or work as * * * defined in Section 69-19-5 shall obtain from the Commissioner of Agriculture and Commerce a license to engage in such professional work, and the application for such license shall be in writing and on such blank forms as may be required. The commissioner by rule shall establish and charge license and permit fees, not to exceed One Hundred Fifty Dollars ($150.00) per license or permit, for a pest/weed control license, a pest/weed technician license, a consultant license, a landscape license, a tree surgery license, a soil classifier license and a professional service branch permit. The license or permit shall be valid for three (3) years unless earlier cancelled, suspended or revoked, and may be renewed upon payment of the license or permit fee. All license and permit fees shall be deposited into a special fund in the State Treasury to the credit of the Department of Agriculture and Commerce.

(b) The commissioner * * * shall require applicants to submit statements as to training and experience in professional practice and may further require applicants to pass such tests or examinations as the commissioner may prescribe. The commissioner by rule shall establish and charge a fee for administering tests or examinations to applicants for the licenses and permit specified in paragraph (a) of this subsection, not to exceed Twenty Dollars ($20.00) per test or examination. The test or examination fees shall be deposited into a special fund in the State Treasury to the credit of the Department of Agriculture and Commerce.

(c) The commissioner * * * may require an applicant to furnish a surety bond satisfactory to him and conditioned so that the principal therein named shall conduct honestly such business in accordance with the laws and regulations of this state and shall faithfully perform all his professional service contracts. In no case shall a bond exceeding Ten Thousand Dollars ($10,000.00) be required. A copy of the bond, duly certified by the commissioner * * * or his agent, the State Entomologist, shall be received as evidence in all of the courts of this state without further proof. * * * Any person having a right of action against such person may bring suit against the principal and sureties of such bond. If the surety furnished becomes unsatisfactory, such person shall execute a new bond, and should he fail to do so, it shall be the duty of the commissioner * * * or his agent, the State Entomologist, to cancel his license and give him notice of such fact, and it shall be unlawful thereafter for such person to engage in such business without obtaining a new license.

(2) In addition to the requirements of subsection (1) of this section, the commissioner * * *, with the approval of the Advisory Board to the Bureau of Plant Industry, may require persons providing professional services as defined in this chapter to provide satisfactory proof of insurance for personal injury and property damage incurred as a result of the negligent or careless provision of such services, including coverage for errors and omissions. Such insurance shall be in an amount determined by the advisory board, but shall not exceed Two Hundred Thousand Dollars ($200,000.00). Such insurance shall be in effect before a person may offer such professional services to the general public. Notice of cancellation or failure to renew such insurance shall be provided to the advisory board by the persons offering such professional services. The license to engage in such professional work shall be revoked if proof of insurance is not provided to the advisory board by the licensee within thirty (30) days of the notice of cancellation or failure to renew such insurance.

(3) For horticultural and floricultural work and soil classifying work, as defined in Section 69-19-5, such surety bond which may be required shall be in an amount not to exceed One Thousand Two Hundred Fifty Dollars ($1,250.00) and such insurance which may be required shall be in an amount not to exceed One Hundred Thousand Dollars ($100,000.00).

(4) No such bond and insurance shall be required from any person providing professional services as defined in this chapter if the Commissioner of Insurance certifies that such bond and insurance is not available to such person.

SECTION 2. Section 69-23-27, Mississippi Code of 1972, is amended as follows:

69-23-27. (1) It is unlawful for any person to act as a licensed pesticide dealer without being licensed by the commissioner. A license shall be required for each location or outlet located within this state from which such pesticides are distributed. Any dealer who has no pesticide outlet licensed within this state and who distributes such pesticides directly into this state shall obtain a pesticide dealer license for his principal out-of-state location or outlet.

(2) Application for a license shall be submitted on a form prescribed by the commissioner, and shall include the name and address of the applicant, the name of the pesticide dealer manager, the address of each outlet, the name of the resident agent if the dealer is not a resident of this state, and any other information required by the commissioner. The commissioner by rule shall establish and charge a license fee, not to exceed One Hundred Fifty Dollars ($150.00), for a pesticide dealer license, and a fee for administering an examination to applicants for a pesticide dealer license, not to exceed Twenty Dollars ($20.00) per examination. The license and examination fees shall be deposited into a special fund in the State Treasury to the credit of the Department of Agriculture and Commerce.

(3) This section shall not apply to (a) a licensed pesticide applicator who sells pesticides only as an integral part of his pesticide application service where such pesticides are applied by the commercial applicator; or (b) any federal, state, county or municipal agency which provides pesticides only for its own programs.

(4) The commissioner may set standards and qualifications for licensing of pesticide dealers and dealer managers to determine their competency.

(5) Licenses for pesticide dealers shall be valid for three (3) years unless earlier cancelled, suspended or revoked, and may be renewed upon payment of the license fee.

(6) The commissioner may prescribe rules and regulations pertaining to licensing of pesticide dealers, including but not limited to record keeping, and may at any time cancel, suspend or revoke a pesticide dealer license when he finds there has been a failure or refusal to comply with the provisions of this chapter or regulations adopted hereunder. The regulatory action authorized in this subsection shall be governed by Sections 69-25-51 through 69-25-63.

SECTION 3. Section 69-23-111, Mississippi Code of 1972, is amended as follows:

69-23-111. (1) * * * It is unlawful for any person to engage in the application or use of any pesticide that is restricted by EPA or the commissioner, except as provided for and defined in Sections 69-19-1 through 69-19-15, 69-21-101 through 69-21-128 and 69-23-1 through 69-23-29, without being certified or licensed by the commissioner.

(2) The commissioner may classify licenses or permits to be issued under Sections 69-23-101 through 69-23-135. Separate classifications and subclassifications may be specified by the commissioner in conformity with FIFRA. Each classification may be subject to separate requirements of testing procedures.

(3) Application for license shall be made on a form provided by the commissioner and shall contain information regarding the applicant's qualifications, proposed operations, and license classification or classifications as prescribed by regulations. The commissioner by rule shall establish and charge a fee, not to exceed Seventy-five Dollars ($75.00), for certification of a commercial applicator. The certification fees shall be deposited into a special fund in the State Treasury to the credit of the Department of Agriculture and Commerce.

(4) The commissioner shall require each applicant for a certified applicator's license to demonstrate competency by a written or oral examination, or any other equivalent procedure as may be adopted by the commissioner by regulation, that he possesses adequate knowledge with respect to the proper use and application of pesticides in the particular categories or classification for which application for license is made. The commissioner by rule shall establish and charge a fee for administering an examination to applicants for certification as a commercial applicator, not to exceed Twenty Dollars ($20.00) per examination. The examination fees shall be deposited into a special fund in the State Treasury to the credit of the Department of Agriculture and Commerce. The commissioner may cooperate with other state, federal and private agencies in preparing, administering and evaluating examinations or other equivalent procedures, including training, for determining competency of certified applicators, and shall consider and be guided by certification requirements set forth by EPA.

(5) If the commissioner finds the applicant qualified in the classification for which he has applied, he shall issue a certified applicator's license limited to that classification. Expiration dates of licenses may be established by regulation, unless revoked, suspended, denied, cancelled or modified prior thereto by the commissioner for cause as hereinafter provided. A commercial applicator's certification shall be valid for three (3) years unless earlier cancelled, suspended or revoked, and may be renewed upon payment of the certification fee.

SECTION 4. Section 69-25-7, Mississippi Code of 1972, is amended as follows:

69-25-7. (1) The Commissioner of Agriculture and Commerce may conduct inspections and promulgate and enforce quarantine regulations as may be necessary in carrying out the provisions of this article.

(2) (a) The commissioner * * * shall, from time to time, make rules and regulations for carrying out the provisions and requirements of this article, including rules and regulations under which his inspectors and other employees shall:

(i) Inspect places, plants and plant products, and things, and substances used or connected therewith;

(ii) Investigate, control, eradicate and prevent the dissemination of insect pests, diseases and noxious weeds; and

(iii) Supervise or cause the treatment, cutting and destruction of plants and plant products and other things infested or infected therewith.

(b) No rule or regulation shall be effective unless first submitted to and approved by the advisory board established under the provisions of Section 69-25-3.

(c) The inspectors and employees employed by the commissioner may carry out and execute the regulations and orders of the commissioner and under direction of the commissioner carry out the provisions of this article.

(3) (a) The commissioner by rule shall establish and charge a certification fee, not to exceed One Hundred Dollars ($100.00), for certification of a nursery. The certification shall be valid for one (1) year.

(b) The commissioner by rule shall establish and charge a license fee, not to exceed Three Hundred Dollars ($300.00), for a plant dealer license. The license shall be valid for three (3) years unless earlier cancelled, suspended or revoked, and may be renewed upon payment of the license fee.

(c) The certification and license fees charged under this subsection shall be deposited into a special fund in the State Treasury to the credit of the Department of Agriculture and Commerce.

(4) To carry out the provisions of this article, the commissioner or his representative may enter into compacts and memorandums of agreement and/or understanding with governmental agencies or private organizations. The Bureau of Plant Industry may establish statewide or regional cooperative weed management areas for any or all of the weeds listed as noxious under officially promulgated regulations. Under such authority, the Bureau of Plant Industry may serve as lead agency in establishing control and/or eradication programs for regulated pests and noxious weeds and actively seek grants and external resources to provide matching resources for other avenues of funding.

SECTION 5. Section 69-25-19, Mississippi Code of 1972, is amended as follows:

69-25-19. It shall be unlawful for any person to sell, give away, carry, ship, or deliver for carriage or shipment within this state, any plants or plant products or other thing or substitute listed, as required in such rules and regulations made by the Commissioner of Agriculture and Commerce, unless such plant or plant products or other thing or substance has been officially inspected and a certificate issued by an inspector of the commissioner stating that the plants or plant products or other thing or substance has been inspected and found to be apparently free from insect pests, diseases and noxious weeds, and any other facts provided for in the rules and regulations made under this statute. For the issuance of such certificate, the commissioner may require the payment of a reasonable fee to cover the expense of such an inspection and certification. * * * However, * * * if such plants or plant products or other thing or substance were brought into the state in compliance with the requirements of law, such certificate required may be accepted in lieu of the inspection and certificate required by this section in such cases as shall be provided for in the rules and regulations made hereunder. If it is found at any time that a certificate of inspection issued or accepted under the provisions of this section is being used in connection with plants and plant products or other things or substances which are infested or infected with insect pests, diseases or noxious weeds listed in the rules and regulations, its further use may be prohibited, subject to such inspection and other dispositions of the plants and plant product involved as may be provided for by the commissioner. All monies collected by the commissioner where not otherwise provided shall be deposited in the State Treasury in a special fund to the credit of the * * * Department of Agriculture and Commerce.