AN ACT GENERALLY REVISING THE PESTICIDE LAWS; DIRECTING THAT CIVIL PENALTIES COLLECTED PURSUANT TO SECTION 80-8-306, MCA, BE DEPOSITED INTO A SPECIAL REVENUE ACCOUNT FOR PESTICIDE CLEANUP; ALLOWING FOR ELECTRONIC VERIFICATION OF A RESTRICTED PESTICIDE PURCHASER'S LICENSE OR PERMIT; ALLOWING THE DEPARTMENT OF AGRICULTURE TO ADOPT RULES CONCERNING DEALER VERIFICATION OF A RESTRICTED PESTICIDE PURCHASER'S LICENSE OR PERMIT; AMENDING SECTIONS 80-8-116 AND 80-8-207, MCA; AND PROVIDING AN EFFECTIVE DATE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 80-8-116, MCA, is amended to read:

"80-8-116. Pesticide management account -- deposit of fees and penalties -- investment. (1) There is a pesticide management account within the state special revenue fund established in 17-2-102.

(2) All licensing, permit, registration, and devices and blending plant fees collected under parts 1 and 2 of this chapter must be deposited in the pesticide management account for the purpose of administering this chapter, including but not limited to:

(a) the cost of equipment and facilities;

(b) the cost of inspecting, investigating, analyzing, and examining:

(i) pesticide products;

(ii) applicators, operators, and other users of pesticides;

(iii) dealers and retailers selling pesticides;

(iv) pesticide equipment, storage, disposal, and operational facilities; and

(c) related pest and pesticide activities authorized by Title 80, chapter 7, part 5, and 80-7-711 through 80-7-714 and 80-7-720.

(3) The department may direct the board of investments to invest the funds collected under this section, pursuant to the provisions of 17-6-201. The income from the investments must be credited to the pesticide management account within the state special revenue fund."

Section 2. Pesticide cleanup special revenue account. (1) There is a pesticide cleanup special revenue account in the state special revenue fund established in 17-2-102.

(2) There must be deposited in the pesticide cleanup account any civil penalties collected under 80-8-306.

(3) The funds must be used by the department for cleanup and associated costs when a responsible party cannot be identified and located or if the responsible party is unable or unwilling to clean up the pesticide contamination and there is an imminent need to protect agriculture, health, or the environment.

(4) Unencumbered and unexpended funds remaining in the pesticide cleanup account at the end of the fiscal year may not lapse but must be carried forward for the stated purpose unless appropriated by subsequent legislative action.

(5) If a responsible party is identified and located after expenditure of the funds in the pesticide cleanup account, the department may initiate recovery of the funds through a voluntary agreement or in district court.

Section 3. Section 80-8-207, MCA, is amended to read:

"80-8-207. Dealers. (1) It is unlawful for a person to sell, offer for sale, deliver, or have delivered within the state a pesticide without first obtaining a license from the department for each calendar year or portion of a year. A separate dealer's license and fee is required for each location or outlet from which pesticides are distributed, sold, held for sale, or offered for sale. Pesticide field personnel or salespeople employed directly out of the same location or outlet and under a licensed dealer are not required to obtain a license. The dealer shall furnish the department with the names and addresses of its field personnel and salespeople selling pesticides within the state.

(2) The application for a license must be accompanied by a fee of $45. Dealers applying for renewal of a license shall do so on or before March 1 of the calendar year. A dealer applying for renewal of a license after March 1 must be assessed a $25 late licensing fee.

(3) The dealer shall require the purchaser of a restricted pesticide to exhibit the purchaser's license or permit issued under authority of this chapter, or the dealer may verify, under procedures authorized by the department, the purchaser's license or permit through a department list or by electronic means before completing a sale. The department may adopt rules concerning dealer verification of licenses and permits.

(4) The department shall assess an additional annual license fee of $30 on dealers to fund the waste pesticide and pesticide container collection, disposal, and recycling program. Fees collected under this subsection must be deposited in the state special revenue account pursuant to 80-8-112.

(5) Pharmacists licensed as provided for in 37-7-302 and 37-7-303, veterinarians licensed as provided for in 37-18-302 and 37-18-303, and certified pharmacies licensed under 37-7-321 are not required to be licensed to sell pesticides, provided that the certified pharmacies and veterinarians register with the department each year. However, the certified pharmacies and veterinarians shall meet all other requirements concerning the commercial sale of pesticides. The department shall take into account the professional licensing requirements of pharmacists, certified pharmacies, and veterinarians when adopting rules. (Subsection (4) terminates June 30, 1999--sec. 14, Ch. 465, L. 1993.)"

Section 4. Codification instruction. [Section 2] is intended to be codified as an integral part of Title 80, chapter 8, and the provisions of Title 80, chapter 8, apply to [section 2].

Section 5. Effective date. [This act] is effective July 1, 1999.

- END -

I hereby certify that the within bill,

HB 0391, originated in the House.

Chief Clerk of the House

Speaker of the House

Signed this	day

of	, .

President of the Senate

Signed this	day

of	, .

HOUSE BILL NO. 391

INTRODUCED BY D. HEDGES

AN ACT GENERALLY REVISING THE PESTICIDE LAWS; DIRECTING THAT CIVIL PENALTIES COLLECTED PURSUANT TO SECTION 80-8-306, MCA, BE DEPOSITED INTO A SPECIAL REVENUE ACCOUNT FOR PESTICIDE CLEANUP; ALLOWING FOR ELECTRONIC VERIFICATION OF A RESTRICTED PESTICIDE PURCHASER'S LICENSE OR PERMIT; ALLOWING THE DEPARTMENT OF AGRICULTURE TO ADOPT RULES CONCERNING DEALER VERIFICATION OF A RESTRICTED PESTICIDE PURCHASER'S LICENSE OR PERMIT; AMENDING SECTIONS 80-8-116 AND 80-8-207, MCA; AND PROVIDING AN EFFECTIVE DATE.