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Minutes for HB2463 - Committee on Agriculture
Short Title
Amending the Kansas pesticide law's licensure requirements and the Kansas chemigation safety law's permittee requirements.
Minutes Content for Mon, Feb 10, 2020
Chair Highland opened the hearing on HB2463 at 3:36pm.
Kyle Hamilton, Assistant Revisor, Office of The Revisor of Statutes, provided an overview of HB2463 and the statutes that it affects. (Attachment 3) There is a Fiscal Note for HB2463.
PROPONENT
Kenneth Titus, Chief Legal Counsel, Kansas Department of Agriculture, appeared before the Committee in support of HB2463. (Attachment 4) The Kansas Department of Agriculture (KDA) is authorized to administrate and enforce the laws applicable to pesticide business licenses pursuant to K.S.A. 2-2439. Specifically, it is unlawful for any person to advertise, sell, or perform any pest control service or apply any pesticide on the property or premises of another person. An exception is made for certified private applicators, who may apply restricted use pesticides in the production of agricultural commodities in limited circumstances. The amendments contained in HB2463 will serve to update the existing pesticide business license law requirements by requiring all licensees maintain liability insurance and by removing the outdated background check procedures currently required for each applicant that admits a felony conviction.
KDA does not have authority to run background checks, so this process only occurs when an applicant admits to a felony conviction on their application. This also requires the applicant to submit extensive documentation of their conviction and "rehabilitation." This requires considerable review by KDA staff. Not only does this put KDA in a difficult position, but it also makes this job field less accessible to some possible deserving candidates, simply because of the paperwork burden placed upon them. Therefore, we recommend that the denial of pesticide business licenses be based upon violations of state and federal law related to the application of pesticides and the operation of chemigation systems.
NEUTRAL
Steve Hitchcock, Government Affairs, Kansas Agriculture Aviation Association, appeared before the Committee as a neutral of HB2463. (Attachment 5) The Kansas Agricultural Aviation Association recognizes the KDA's need to update the Kansas Pesticide Law (KPL) by streamlining the financial responsibility requirement. Having alternate methods to meet this requirement has been a positive thing in providing some of our members with beneficial flexibility and has kept Kansas from being labeled an "insurance only" state in the realm of litigation. However, we understand the need to update requirements to more closely align with current practices, ease KDA record-keeping, and establish an effective minimum standard for entry into some licensee categories under the KPL.
Our past opposition to these changes was due to the fact that what was seen as necessary to address issues with licensees in other areas under the pesticide law was unnecessary and counter-productive for our members. This is a side effect of the broad range of industries covered by the KPL. We are here today to express our cooperation with the KDA on these changes and to ask for your support in the future for broader changes that address the needs of aerial applicators.
Written only neutral testimony of HB2463 was submitted by
- Shahira Stafford, Kansas Cooperative Counsel (Attachment 6)
- Randy E. Stookey, General Counsel, KGFA & KARA - Written Only (Attachment 7)
OPPONENT
Larrie Ann Brown, American Property Casualty Insurance Association, appear before the Committee as an opponent of HB2463. (Attachment 8) Representing nearly 60 percent of the US property casualty insurance market, the American Property Casualty Insurance Association (APCIA) promotes and protects the viability of private competition for the benefit of consumers and insurers. APCIA represents the broadest cross-section of home, auto, and business insurers of any national trade association.
On behalf of our members who provide surety bonds to pesticide licensees, we would respectfully request all stricken sections allowing the option of securing a surety bond to prove financial responsibility be reinserted. Surety bonds are a very common way for businesses to show proof of financial responsibility and are used widely accross the united States for this purpose. Surety bonds meet the public policy goal of protecting consumers from financial harm in a very cost-effective and easily achievable manner.
The Chair closed the hearing on HB2463 at 4:00pm.
