71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2246
House Bill 2604
Sponsored by Representative JENSON; Representatives KRIEGER,
MORGAN, P SMITH, Senators FERRIOLI, NELSON (at the request of
County Commissioner Bill Hansell)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Exempts state and local governmental bodies from requirement
for pesticide operator license when applying pesticides to
property of another governmental body. Extends exemption from
operator license and financial responsibility requirements to
government application of pesticides pursuant to law, ordinance,
rule or order for purposes of controlling or eradicating noxious
weeds or pests.
A BILL FOR AN ACT
Relating to pesticides; amending ORS 634.106 and 634.116.
Be It Enacted by the People of the State of Oregon: + }
SECTION 1. ORS 634.106 is amended to read:
634.106. ORS 634.112 to 634.126 and 634.146 shall not apply to:
(1) Manufacturers of materials engaged in research or
experimental work on pesticides.
(2) Persons engaged in the business of a pesticide operator or
applicator only in the application of any pollenicide.
(3) Persons licensed as veterinarians under ORS chapter 686 who
are engaged in the practice of veterinary medicine within the
scope of their veterinary medicine practice and employees of
{ - such persons - } { + licensed veterinarians + } when
acting within the scope of their employment.
(4) { + (a) Agencies, instrumentalities or political
subdivisions of the United States or, + } except as otherwise
provided in ORS 634.116 { + , + } { - : - }
{ - (a) Agencies, instrumentalities and political
subdivisions of the United States or the State of Oregon and
their officers, agents or employees acting within the scope of
their authority in the conduct of research of pesticides or in
the application of pesticides upon property owned or under the
control, supervision or jurisdiction of such agencies,
instrumentalities or political subdivisions; however, this
exemption shall not apply to pesticide operators applying
pesticides with power-driven application equipment or devices
under contract for such agencies, instrumentalities or political
subdivisions. - }
{ - (b) Counties, cities or municipal corporations which only
authorize or permit their employees and their pesticide equipment
to apply pesticides on property owned or under the control,
supervision or jurisdiction of each such governmental body, or in
enforcing or carrying out a law, ordinance, rule or order
relating to the application of pesticides for the purposes of
controlling or eradicating noxious weeds or pests. - } { + of
the State of Oregon, when:
(A) Conducting research on pesticides;
(B) Applying pesticides to property under the ownership,
possession, control or jurisdiction of a federal, state or local
agency, instrumentality, political subdivision, county, city,
town, municipal corporation, irrigation, drainage or other
district or other federal, state or local governmental body; or
(C) Applying pesticides pursuant to law, ordinance, rule or
order for purposes of controlling or eradicating noxious weeds or
pests. The exemptions set forth in this subsection do not apply
to pesticide operators applying pesticides with power-driven
application equipment or devices under contract with an agency,
instrumentality or political subdivision.
(b) Except as otherwise provided in ORS 634.116, a county,
city, town, municipal corporation, irrigation, drainage or other
district or other local governmental body when:
(A) Applying pesticides to property under the ownership,
possession, control or jurisdiction of a federal, state or local
agency, instrumentality, political subdivision, county, city,
town, municipal corporation, irrigation, drainage or other
district or other federal, state or local governmental body; or
(B) Applying pesticides pursuant to law, ordinance, rule or
order for purposes of controlling or eradicating noxious weeds or
pests. + }
(5) A farmer or forestland owner applying pesticides, other
than restricted-use or highly toxic pesticides, by use of
equipment of the farmer or forestland owner for others on an
occasional basis not amounting to a principal or regular
occupation, if the farmer does not publicly hold out as a
pesticide applicator and if the pesticides that are applied are
furnished by the owner of the land on which such pesticides are
applied.
(6) Persons who do not advertise or publicly hold themselves
out as being in the business of applying pesticides but whose
main or principal work or business is the maintenance of small or
home lawns, shrubs or gardens.
(7) Persons who do not advertise or publicly hold themselves
out as being in the business of applying pesticides and whose
principal activity or business as related to pesticides is
selling pesticides or selling or leasing equipment.
(8) Railroads, to the extent that the application of pesticides
is by their regular employees, on land or property under their
ownership, supervision, control or jurisdiction, except that if
power-operated spray equipment is used for applying volatile
herbicides, { - such - } { + the + } application shall be
under the direct supervision of a licensed public applicator.
SECTION 2. ORS 634.116 is amended to read:
634.116. (1) A pesticide operator's license, or supplements
thereto, shall authorize the licensee to engage in one or more of
the classes of pest control or pesticide application business
prescribed by the State Department of Agriculture under ORS
634.306 (2).
(2) During a license period, and after a person has been issued
a license to engage in certain classes of pest control or
pesticide application business during a license period, the
department upon receiving an additional application and
applicable fees, may authorize the licensee to engage in
additional classes of pest control or pesticide application
business for the remainder of the license period as prescribed in
ORS 634.306 (2).
(3)(a) { + The department shall establish + } a pesticide
operator license fee { - shall be established by the
department - } not to exceed $90 for the first class of pest
control or pesticide application business as prescribed in ORS
634.306 (2) and not to exceed $15 for each additional class.
(b) After a person makes first application for a specific
license period, if later during the same license period the
person desires to engage in additional classes of pest control or
pesticide application businesses, such person shall pay the fee
for each additional class established by the department not to
exceed $20.
(4) At least one { - person who is - } owner or part owner
of the pest control or pesticide application business shall also
obtain and maintain a pesticide applicator's license if the
pesticide operator is a sole proprietorship or { - is - } a
partnership. At least one officer or { - one - } employee
shall { - also - } obtain and maintain a pesticide
applicator's license if the pesticide operator is a corporation.
{ - At any time there is a - } { + If a pesticide operator is
found to be in + } violation of this subsection, the pesticide
operator's license, notwithstanding { - the provisions of - }
ORS 183.310 to 183.550, { - shall be - } { + is + }
automatically suspended until
{ - such time as - } the pesticide operator is in compliance.
If the business is owned by one individual, the department shall
make no charge for the pesticide applicator license issued to the
individual under ORS 634.122.
(5) The department shall not issue or renew a pesticide
operator's license until the applicant or licensee has furnished
evidence to the department, in the form of a public liability
policy issued by an insurance company qualified to do business in
Oregon, protecting the applicant or licensee against liability
for injury or death to persons and loss of or damage to property
resulting from the application of pesticides, or in lieu of
{ - such insurance - } { + a policy + }, has furnished a
deposit of cash, surety bond or other evidence of financial
responsibility acceptable to the department { - which - } { +
that + } may be applied by the department to the payment of
damages resulting from { - such - } { + operator + }
liability. However:
(a) Except as required under paragraph (b) of this subsection,
the financial responsibility required by this section shall not
apply to damages or injury to crops, real or personal property
being worked upon by the applicant.
(b) If the applicant or licensee is to be engaged in the
business of controlling or eradicating structural pests, or pests
within a public or private place, or pests within private or
public places where food is served, prepared or processed or
where persons are regularly housed, the financial responsibility
required by this section shall apply to damages or injury to real
or personal property being worked upon, as well as all the other
real and personal property set forth in this section.
(6) The financial responsibility required by subsection (5) of
this section { - shall be in the amount of - } { + must
be + } not less than $25,000 for bodily injury to one or more
persons and not less than $25,000 for property damage.
(7) Notwithstanding the provisions of ORS 183.310 to 183.550,
{ - at any time - } { + if + } the licensed pesticide
operator fails to maintain the financial responsibility required
by subsections (5) and (6) of this section, the license
{ - shall be - } { + is + } automatically suspended until the
department again verifies the pesticide operator is in compliance
with { - the provisions of such - } subsections { + (5) and
(6) + } of this section. The { + liability insurance company
shall notify the + } department { - shall be notified in
writing by the liability insurance company - } at least 30 days
prior to any cancellation of an insurance policy required by this
section.
(8) Notwithstanding the provisions of ORS 105.810 and 105.815
or other laws to the contrary, the amount of damages for which a
pesticide operator or pesticide applicator is liable as a result
of use of pesticides, or financial responsibility for the same
{ - shall be - } { + is + } limited to actual damages only.
(9) { + The department shall return + } the deposit required
by subsection (5) of this section { - shall be returned - } to
the pesticide operator if the pesticide operator at any time
establishes exemption from the financial responsibility
requirements under this chapter. After the expiration of two
years from the date of an injury, death, loss or damage, { + the
department shall return + } any deposit remaining { - shall be
returned - } to the pesticide operator or to the personal
representative of the pesticide operator except that the
department shall not make
{ - such - } { + a + } return if { - it - } { + the
department + } has received notice that an action for damages
arising out of the provisions of this section has been filed
against the pesticide operator for whom the deposit was made, and
the department has determined that { - such - } { + the + }
action is pending or that any judgment resulting from
{ - such - } { + the + } action remains unpaid.
(10) If the pesticide operator is to spray by aircraft, then
the department, in addition to other provisions of this section
relating to financial responsibility, may by { - regulation - }
{ + rule + } allow aircraft pesticide operators to reduce,
suspend or terminate the liability insurance, applicable to
spraying by aircraft, and required by subsections (5) and (6) of
this section during certain periods of the year.
(11) The department may by { - regulation - } { + rule + }
allow liability insurance policies required by subsections (5)
and (6) of this section to include deductible clauses of amounts
to be determined by the department.
(12) { + (a) + } The State of Oregon or { - its - } { +
state + } agencies, { + instrumentalities, political
subdivisions, + }counties, cities, { + towns, + } municipal
corporations, { + irrigation, drainage or other districts or + }
other { + state or local + } governmental bodies { - or
subdivisions thereof, irrigation districts, drainage districts,
public utilities and telecommunications utilities, shall not
be - } { + are not + } required to obtain a license as a
pesticide operator or to furnish evidence of financial
responsibility to the department { - , while - } { + when:
(A) + }Applying pesticides to { - land or - } property
under { - their - } { + the + } ownership,
{ - supervision - } { + possession + }, control or
jurisdiction { + of a federal, state or local agency,
instrumentality, political subdivision, county, city, town,
municipal corporation, irrigation, drainage or other district or
other federal, state or local governmental body; or
(B) Applying pesticides pursuant to law, ordinance, rule or
order for purposes of controlling or eradicating noxious weeds or
pests.
(b) A public utility or telecommunications utility is not
required to obtain a license as a pesticide operator or to
furnish evidence of financial responsibility to the department
when applying pesticides to property under the ownership,
possession or control of the utility + }.
(13) { + Subject to subsection (15) of this section, + } the
employees of the { - persons or - } agencies { + ,
instrumentalities, subdivisions, counties, cities, towns,
corporations, districts, bodies or utilities + } described in
subsection (12) of this section who perform or carry out the
work, duties or responsibilities of a pesticide applicator are
subject to the provisions of this chapter, except they shall be
issued 'public applicator ' licenses or, if they carry out the
work, duties or responsibilities of a pesticide trainee, shall be
issued 'public trainee' certificates, if they otherwise comply or
qualify with the provisions of this chapter relating thereto.
(14) The public applicator license or public trainee
certificate { - , as the case may be, - } shall be:
(a) Issued by the department upon payment of the fee for
{ - a - } { + the + } pesticide applicator license or
pesticide trainee certificate { - , as the case may be - } .
(b) Valid and used by the licensee or certificate holder only
{ - while working for and employed by one of the persons,
agencies or others named in subsection (12) of this section on
land or property under the ownership, supervision or jurisdiction
thereof - } { + when applying pesticides as described in
subsection (12) of this section + }.
(c) Renewed, suspended or revoked each year in the same manner,
under the same provisions and at the same time as other pesticide
applicator licenses and trainee certificates are renewed,
suspended or revoked.
{ - (15) As to persons, public agencies or others described
in subsection (12) of this section, and subdivisions of
government and their employees, - }
{ + (15)(a) + } The provisions of subsection (13) of this
section
{ - shall - } apply only to:
{ - (a) - } { + (A) + } Application of pesticides by aerial
spraying; or
{ - (b) - } { + (B) + } The propelling through air by
machine-powered devices of spray or dust containing
pesticides { + . + } { - ; and - }
{ - (c) Where such application is done by such persons or
agencies and their employees, such application shall be done - }
{ + (b) An employee described under subsection (13) of this
section may apply pesticides as described in this subsection
only + } under the immediate supervision of a person holding a
license as a pesticide applicator or public applicator.
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