1 STATE OF OKLAHOMA
2 1st Session of the 59th Legislature (2023)
3 HOUSE BILL 2060 By: Roberts
4
5
6 AS INTRODUCED
7 An Act relating to professions and occupations;
creating the Oklahoma Landscaper Act; providing
8 definitions; requiring landscaper license; Oklahoma
Board of Agriculture may promulgate administrative
9 rules; amending 2 O.S. 2021, Section 3-82, which
relates pesticide dealer's permit; providing penalty
10 for violation; providing for codification; and
providing an effective date.
11
12
13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
14 SECTION 1. NEW LAW A new section of law to be codified
15 in the Oklahoma Statutes as Section 7000 of Title 59, unless there
16 is created a duplication in numbering, reads as follows:
17 This act shall be known and may be cited as the "Oklahoma
18 Landscaper Act".
19 SECTION 2. NEW LAW A new section of law to be codified
20 in the Oklahoma Statutes as Section 7001 of Title 59, unless there
21 is created a duplication in numbering, reads as follows:
22 As used in this act:
23 1. "Board" means the Oklahoma State Board of Agriculture;
24 2. "Landscaper" means a person who:
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1 a. is a pesticide applicator, gardener, landscape
2 gardener, garden or lawn caretaker or a grader or
3 cultivator of land involved in the selection,
4 placement, planting and maintenance of plant material,
5 and
6 b. services listed in division (1) of this paragraph
7 constitutes the primary source of income for this
8 person.
9 3. A landscaper under this act does not include:
10 a. persons who perform landscaping services that does not
11 offer restricted use pesticide application pursuant to
12 Sections 3-82 through 3-86 of Title 2 of the Oklahoma
13 Statutes, and
14 b. person who performs landscaping services as
15 supplemental income while attending school.
16 4. "Person" means an individual, partnership, corporation,
17 joint venture, trust, association or any other legal entity,
18 however, organized that employs more than four (4) people; and
19 5. "Primary source of income" means that such services
20 performed more than six (6) months out of the year and represent
21 more than fifty percent (50%) of the total income for that person.
22 SECTION 3. NEW LAW A new section of law to be codified
23 in the Oklahoma Statutes as Section 7002 of Title 59, unless there
24 is created a duplication in numbering, reads as follows:
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1 No person shall engage in landscaping business without first
2 obtaining a license from the Oklahoma Board of Agriculture.
3 SECTION 4. NEW LAW A new section of law to be codified
4 in the Oklahoma Statutes as Section 7003 of Title 59, unless there
5 is created a duplication in numbering, reads as follows:
6 The Oklahoma Board of Agriculture may promulgate administrative
7 rules to implement the provisions of the Oklahoma Landscaper Act.
8 SECTION 5. AMENDATORY 2 O.S. 2021, Section 3-82, is
9 amended to read as follows:
10 Section 3-82. A. LICENSE REQUIRED - 1. It shall be unlawful
11 for any person to act, operate, or do business or advertise as a
12 commercial, noncommercial, certified applicator, temporary certified
13 applicator, service technician, or private applicator unless the
14 person has obtained a valid applicator's license issued by the State
15 Board of Agriculture for the category of pesticide application in
16 which the person is engaged.
17 2. A license may be issued by the Board in any category of
18 pesticide application if the applicant qualifies and the applicant
19 is limited to the category of pesticide application named on the
20 license. The Board may establish categories of pesticide
21 application as necessary. Licenses shall be issued upon application
22 to the Board on a form prescribed by the Board. The application
23 shall contain information regarding the applicant's qualifications,
24
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1 proposed operations, and other information as specified by the
2 Board.
3 3. a. An aerial license shall not be issued or be valid
4 unless the applicant files with the Board a copy of a
5 valid document issued by the Federal Aviation
6 Administration showing that the person is qualified to
7 operate or supervise the operation of an aircraft
8 conducting agricultural operations. Applicants for an
9 aerial license and pilots working under a license may
10 be subject to a complete and thorough background
11 examination.
12 b. The Board shall promulgate rules regarding aerial
13 applicators and applications consistent with federal
14 law and shall solicit the assistance of the Federal
15 Aviation Agency in the enforcement of this subsection.
16 4. Each business location shall require a separate license and
17 separate certified applicator except that a certified applicator for
18 a noncommercial business location may also serve as the certified
19 applicator for one commercial business location.
20 5. A license shall not be issued for the category of pesticide
21 application of any applicant or representative who has a temporary
22 certification.
23 B. CERTIFICATION REQUIRED - 1. A license shall be issued only
24 after satisfactory completion of the certification standards by the
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1 person who shall be the certified applicator under the license.
2 Temporary certified applicators do not qualify as the certified
3 applicator for a license, nor may they act as a certified
4 applicator. The Board shall deny the application for certification,
5 recertification, issuance, or renewal of a certificate or license
6 for a failure to show proper qualification under the rules or for
7 violations of any provisions of this section. A certificate in any
8 category shall be valid for five (5) years unless suspended,
9 canceled, or revoked by the Board or until recertification is
10 required for the category, and may be renewed after successful
11 completion of recertification requirements. The Board may require
12 certified applicators to be recertified once in a five-year period.
13 2. A certified service technician identification shall be
14 issued upon application and completion of certification standards
15 determined by the Board. Temporary certified applicators may
16 qualify as a certified service technician. No person shall act, do
17 business as, or advertise as a service technician unless the person
18 has met all the qualifications and standards as required by the
19 Board. The service technicians' identification shall be issued in
20 the name of the licensed entity. The licensee shall ensure that the
21 service technician identification is returned to the Board upon
22 termination of the employee. A service technician identification
23 shall be valid for a period of five (5) years unless suspended,
24 canceled, or revoked by the Board, until recertification is required
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1 by the Board, or until the service technician leaves the employ of
2 the licensed entity. The Oklahoma Department of Agriculture, Food,
3 and Forestry may issue a service technician identification upon
4 completion of the following:
5 a. a determination is made by the Department that the
6 applicant has successfully completed the written
7 examination,
8 b. the licensed entity provides a completed service
9 technician identification application form at the time
10 of testing, and
11 c. all appropriate fees are paid at the time of testing.
12 3. Each license, except for private applicators, shall expire
13 on dates established by the Department in administrative rules and
14 may be renewed for the ensuing calendar year, without penalty or
15 reexamination, if a properly completed application is filed with the
16 Board on a date established by the Department. If the application
17 is not received by the due date, a penalty of twice the amount of
18 the renewal fee shall be charged for renewal of the license. If the
19 application is not received within thirty (30) days following the
20 due date, an additional one-hundred-dollar penalty shall be paid
21 prior to license renewal.
22 All private applicator licenses are in effect for five (5) years
23 and may be renewed by application after completion of a continuing
24 education program or written exam approved by the Board.
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1 C. The following fees shall be paid to the Board:
2 1. A fee of One Hundred Dollars ($100.00) for each category of
3 pesticide application shall be paid to the Board for the issuance or
4 renewal of a commercial applicator business license. Not more than
5 Five Hundred Dollars ($500.00) total category fees shall be charged
6 annually to any business location of an applicator;
7 2. A fee of Fifty Dollars ($50.00) shall be paid to the Board
8 for each written examination conducted by the Board;
9 3. A fee of Fifty Dollars ($50.00) shall be paid to the Board
10 for each practical examination conducted by the Board;
11 4. A fee of Twenty Dollars ($20.00) shall be paid to the Board
12 for the issuance or renewal of a private applicator's license;
13 5. A fee of Fifty Dollars ($50.00) shall be paid to the Board
14 for the issuance or renewal of a noncommercial business license.
15 Not more than Two Hundred Fifty Dollars ($250.00) total category
16 fees shall be charged annually to any noncommercial business
17 location of an applicator;
18 6. A fee of Twenty Dollars ($20.00) shall be paid to the Board
19 for the issuance or renewal of service technician identification;
20 7. A fee of Ten Dollars ($10.00) shall be paid to the Board for
21 the issuance of duplicate licenses or certificates or transfer of
22 service technician identification;
23 8. A fee of Fifty Dollars ($50.00) shall be paid to the Board
24 for each recertification procedure; and
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1 9. A fee of One Hundred Dollars ($100.00) shall be paid to the
2 Board for each reciprocal certification procedure for applicator
3 certifications.
4 D. All fees shall be deposited in the State Department of
5 Agriculture Revolving Fund.
6 E. Fees shall be paid to the Board prior to the processing of
7 any application.
8 F. Failure to pay any fee identified with licenses, permits,
9 pesticide registrations, or certification shall require the Board to
10 deny the application.
11 G. INSURANCE REQUIRED - 1. The Board shall not issue a
12 commercial applicator's license until the applicant has furnished
13 evidence of an insurance policy or certificate by an insurer or
14 broker authorized to do business in this state insuring the
15 commercial applicator and any agents against liability resulting
16 from the operations of the commercial applicator. The insurance
17 shall not be applied to damage or injury to agricultural crops,
18 plants, or land being worked upon by the commercial applicator.
19 2. The amount of liability shall not be less than that set by
20 the Board for each property damage arising out of actual use of any
21 pesticide. The liability shall be maintained at not less than that
22 sum at all times during the licensing period. The Board shall be
23 notified fifteen (15) days prior to any reduction in liability.
24
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1 3. If the furnished liability becomes unsatisfactory, the
2 applicant shall immediately execute new liability upon notice from
3 the Board. If new liability is not immediately obtained, the Board
4 shall, upon notice, cancel the license. It shall be unlawful for
5 the person to engage in the business of applying pesticides until
6 the liability is brought into compliance and the license reinstated.
7 H. DAMAGES - 1. Prior to filing an action against an
8 applicator for damages to growing crops or plants, any person
9 alleging damages to growing crops or plants shall:
10 a. within ninety (90) calendar days of the date that the
11 alleged damages occurred or prior to the time that
12 twenty-five percent (25%) of the allegedly damaged
13 crops or plants are harvested, whichever occurs first,
14 file a written complaint statement with the Department
15 regarding the alleged damages, and
16 b. between the date of filing of the written complaint
17 pursuant to subparagraph a of this paragraph and the
18 date harvesting or destruction of the allegedly
19 damaged crops or plants occurs, allow the applicator
20 and the representatives of the applicator reasonable
21 access to the property to inspect and take samples of
22 the allegedly damaged crops or plants during
23 reasonable hours. The representatives of the
24 applicator may include, but not be limited to, crop
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1 consultants, bondsmen, and insurers. Nothing in this
2 subparagraph shall limit in any way the harvesting or
3 destruction of the allegedly damaged crops or plants
4 in the ordinary course of business and practice.
5 2. Any person failing to comply with paragraph 1 of this
6 subsection shall be barred from filing an action for damages against
7 the applicator.
8 I. PERMIT REQUIRED – 1. It shall be unlawful for any person to
9 sell, offer for sale, or distribute within this state any restricted
10 use pesticide without first obtaining a restricted use pesticide
11 dealer's permit issued by the Board.
12 2. A permit may be issued by the Board in any category of
13 pesticide sales if the applicant qualifies under the provisions of
14 this section and the applicant is limited to the category of
15 pesticide sales named on the permit. The Board may establish
16 categories of pesticide sales as necessary.
17 3. The permit shall be issued only upon application on a form
18 prescribed by the Board and the application shall contain
19 information regarding the applicant's proposed operation and other
20 information as specified by the Board.
21 4. Each business location engaged in the sale or distribution
22 of restricted use pesticides shall require a separate permit.
23 5. The annual permit fee for a restricted use pesticide dealer
24 permit shall be Fifty Dollars ($50.00) for each location.
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1 6. The Board may require a certified applicator to be present
2 at any location where designated restricted use pesticide sales
3 occur.
4 7. A holder of a restricted-use pesticide dealer's permit shall
5 only sell restricted-use pesticides to holders of a valid
6 applicator's license or another restricted-use pesticide dealer's
7 permit holder. Holders of a restricted-use pesticide dealer's
8 permit who violate this provision shall receive a fine of One
9 Thousand Five Hundred Dollars ($1,500.00) per violation to be issued
10 by the State Board of Agriculture or authorized agents of the Board.
11 J. PESTICIDE REGISTRATION REQUIRED – 1. Every pesticide or
12 device distributed, sold, or offered for sale within this state or
13 delivered for transportation or transported in intrastate or
14 interstate commerce shall be registered with the Board.
15 2. The registrant shall file with the Board a statement
16 including, but not limited to:
17 a. the name and address of the registrant and the name
18 and address of the person whose name shall appear on
19 the label, if other than the registrant,
20 b. the name of the pesticide or device,
21 c. a complete copy of the labeling accompanying the
22 pesticide or device and a statement of all claims to
23 be made for it, and directions for use, and
24
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1 d. if requested by the Board, a full description of the
2 tests made and the results upon which the claims are
3 based. In renewing a registration, a statement shall