An act relating to the "Kentucky Fertilizer and Pesticide Storage, and Pesticide Use and Application Act."


(2) Any person holding a current valid license may renew the



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(2) Any person holding a current valid license may renew the[such] license for the next year without taking another examination unless the department determines that new knowledge related to classifications for which the applicant has applied makes a new examination necessary. However, if the license is not renewed by April[June] 1 of each year then the[such] licensee shall again be required to take another examination.

Section 15. KRS 217B.120 is amended to read as follows:

The department may assess civil penalties in accordance with Section 20 of this Act or may delay issuing, suspend, revoke, or modify the provision of any license or registration[applicator's, operator's, or consultant's license] issued under this chapter, if it finds that the applicant or holder[licensee] has committed any of the following acts, each of which is declared to be a violation of this chapter:

(1) Made false or fraudulent claims through any media, misrepresenting the effect of materials or methods to be utilized;

(2) Made a pesticide recommendation or application not in accordance with the label registered by the department under KRS 217.541 to 217.640;

(3) Applied known ineffective or improper materials;

(4) Operated faulty or unsafe equipment;

(5) Operated in a faulty, careless, or negligent manner;

(6) Refused or, after notice, neglected to comply with the provisions of this chapter, the administrative regulations[rules] adopted hereunder, or of any lawful order of the department;

(7) Refused or neglected to keep and maintain the records required by this chapter, or to make reports when and as required;

(8) Made false or fraudulent records, invoices, or reports;

(9) Engaged in the business of the application of a pesticide without having a licensed applicator or operator in direct "on-the-job" supervision;

(10) Operated unlicensed equipment;

(11) Used fraud or misrepresentation in making an application for[ a license] or renewal of a license or registration;

(12) Refused or neglected to comply with any limitations or restrictions on or in a duly issued license or registration[permit];

(13) Aided or abetted a licensed or an unlicensed person to evade the provisions of this chapter, combined or conspired with[ such] a licensed or an unlicensed person to evade the provisions of this chapter, or allowed one's license to be used by an unlicensed person;

(14) Made false or misleading statements during or after an inspection concerning any infestation or infection of pests found on land;[ or]

(15) Impersonated any state, county, or city inspector or official;[.]

(16) Made a sale of, or distributed a restricted use pesticide to an uncertified applicant;

(17) Failed to obtain any license or registration required by this chapter;

(18) Failed to obtain or maintain financial responsibility required by this chapter;

(19) Failed to comply with the provisions of Section 19 of this Act;

(20) Failed to provide "direct on-the-job supervision" of a trainee by a licensed operator or applicator in the application of a pesticide;

(21) Failed to follow notification and information requirements in accordance with Section 23 of this Act including:

(a) Failure to provide the customer with written information prior to application;

(b) Failure to place lawn marker:

(c) Failure to meet minimum requirements for lawn marker;

(d) Failure to furnish customer proper information application; or

(e) Failure to furnish proper notification of application when requested;

(22) Failed to follow notification and information requirements in accordance with Section 24 of this Act including:

(a) Failure to place lawn marker immediately after application;

(b) Failure to meet minimum requirements for lawn marker; or

(c) Failure to furnish prior notification of application when requested.

Section 16. KRS 217B.130 is amended to read as follows:

(1) The department shall not issue a "full service firm" registration[pesticide applicator license in the category of right-of-way pest control or in any aerial pesticide application category] until the applicant has furnished evidence of financial responsibility with the department consisting either of a surety bond or a liability insurance policy, or certification thereof, protecting persons who may suffer legal damages as a result of the applicant's actions[applicant. All other categories shall be exempt from the requirement to furnish financial responsibility].

(2) The amount of the surety bond or liability insurance as provided for in this section shall be not less than one million[hundred thousand] dollars ($1,000,000)[($100,000) for public liability and not less than twenty-five thousand dollars ($25,000) for property damage, including loss or damage arising out of the actual use of any pesticide]. The[Such] surety bond or liability insurance shall be maintained at not less than this amount[those amounts] at all times during the licensed period. The department shall be notified ten (10) days prior to any reduction at the request of the applicant or cancellation of any[such] surety bond or liability insurance by the surety or insurer. The total and aggregate of the surety and insurer for all claims shall be limited to the face of the bond or liability insurance policy. The department may accept a liability insurance policy or surety bond in the proper sum which has a deductible clause in an amount not exceeding one thousand dollars ($1,000) for all applicators for the total amount of liability insurance or surety bond required in this section[herein]. If the applicant has not satisfied the requirements of the deductible amount in any prior legal claim, the[such] deductible clause shall not be accepted by the department unless the[such] applicant furnishes the department with a security bond or liability insurance which shall satisfy the amount of the deductible as to all claims that may arise in his application of pesticides.


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