LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6478 NOTE PREPARED: Dec 16, 2020
BILL NUMBER: HB 1215 BILL AMENDED:
SUBJECT: Enforcement of Pesticide Violations.
FIRST AUTHOR: Rep. Lehe BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED: GENERAL IMPACT: State
X DEDICATED
FEDERAL
Summary of Legislation: This bill provides a list of violations for which the State Chemist may impose a
civil penalty. It eliminates the schedule of civil penalties as adopted by the Indiana Pesticide Review Board.
(Under current law, the State Chemist imposes a civil penalty in accordance with a schedule of civil penalties
as adopted by the Indiana Pesticide Review Board.) It also provides that the State Chemist may reduce a civil
penalty for certain violations by 20% for each mitigating action taken by a person responsible for the
violation.
Effective Date: July 1, 2021.
Explanation of State Expenditures: The Office of Indiana State Chemist (OISC) will experience an
increase in workload relating to imposing civil penalties and monitoring for allowable mitigating actions as
described in this bill. These additional requirements may be fulfilled using the existing staff and resources.
Explanation of State Revenues: The money collected from these civil penalties may be used only to provide
education about pesticides. Any increase or decrease in the total annual amount received from pesticide
violations under this bill will impact the total amount credited to the Office of Purdue Pesticide Programs
to provide pesticide education.
The pesticide section of the OISC is charged with administration of the Indiana pesticide laws. The following
table shows the total pesticide civil penalties received annually from 2015-2019:
HB 1215 1
 CY Pesticide Civil Penalties
2015 $108,935.75
2016 $61,738.75
2017 $78,816.25
2018 $91,573.75
2019 $121,637.50
This bill organizes civil penalties for pesticide violations into three groups, allowing a maximum fine of up
to $250, $500, or $1,000 for a violation depending on the group the violation is placed. The lowest level
violations (those carrying up to a $250 fine) may only impose a fee if a warning has been issued to the
violator for such violation in the past five years. Both the lowest level violations and middle level violations
(those carrying up to a $500 fee) can have the fine amount reduced if the violator takes specific mitigating
actions outlined in the bill. The highest level violations (those carrying up to a $1,000 fine) require no
warning nor offer any mitigating actions to reduce the fine amount. The current law groups all violations
together and allows up to a $250 fine for the first violation, $500 for a second violation, and $1,000 for each
subsequent violation.
Additional Information: OISC has issued 31,619 pesticide credentials, including licenses for 5,388 pesticide
application businesses, 11,172 pesticide applicators, 3,639 pesticide technicians, 602 pesticide dealers, and
10,818 farmers using pesticides.
In 2018, the OISC pesticide staff investigated 562 complaint cases, an amount higher than the ten-year annual
average of 379 complaint cases.
Explanation of Local Expenditures:
Explanation of Local Revenues:
State Agencies Affected: Office of Indiana State Chemist; Purdue University.
Local Agencies Affected:
Information Sources: 2018 Indiana Pesticide Regulatory Summary Report of Activities:
https://www.oisc.purdue.edu/pesticide/pdf/summary_report_2018.pdf
Office of Indiana State Chemist website Pesticide Section:
https://www.oisc.purdue.edu/pesticide/index.html
Fiscal Analyst: Jason Barrett, 317-232-9809.
LS 6478 2


Statutes affected:
1. Introduced House Bill (H): 15-16-4-69, 15-16-5-66