AB 32 — Revises provisions governing pest control. (BDR 49-176)

Sec.

555.273 All state agencies, municipal corporations and public utilities or any other governmental agency [shall be] and any government applicator is subject to the provisions of NRS 555.2605 to 555.460, inclusive, and sections 2 to 14, inclusive, and rulesrules5 - *AB32_R1* – 6 – adopted thereunder concerning the application of restricted-use pesticides by any person.

[.] - 79th Session (2017) – 6 – (b) The farmer-owner is not regularly engaged in the business of applying pesticides or performing pest control [for hire] as an operator, primary principal or principal or as a regular occupation, and the farmer-owner does not advertise or solicit pest control or publicly hold himself or herself out as being in the business of pest control or as [a pesticide] an applicator [.] ;

andande business of pest (c) The farmer-owner operates his or her equipment for applying pesticides only in the vicinity of the farmer-owner’s own property and for the accommodation of the farmer-owner’s neighbors for agricultural purposes only.

555.280 A natural person , including, without limitation, any consultant, demonstrator, researcher or specialist, shall not engage in pest control or serve as an agent, operator, pilot, primary principal , location principal or principal for that purpose within this State at any time without a license as an applicator issued by the Director.

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- 79th Session (2017) – 7 – 3.

Submitting bids to perform any work involving the application of pesticides for the elimination, extermination, control or preventionSec. of infestations or infections of those pests.

Sec.25.on oNRS 555.290 is hereby amended to read as follows:

25.

NRS 555.290 is hereby amended to read as follows:

[The] If an applicant for a license as an applicator is a primary principal or principal of a pest control business, the Director may require the applicant to show, upon examination, that the applicant possesses adequate knowledge concerning the proper use and application of pesticides and the dangerstheir involvedapplication.nd and precautions to be taken in connection with their2. application.

2.

If the extent of the applicant’s operations require it, the - *AB32_R1* – 8 – Director may require more than one officer, member or technician to take the examination.

or - 79th Session (2017) – 8 – (b) Possess university credits of not less than 16 credit hours in biological sciences of which not less than 8 credit hours must be in subjects directly related to the categories of pest control in which the applicant wishes to be licensed and have 6 or more months of practicalpra4.icaThe experiencerequirements inof pesticidesubsection application3 ordo relatednot pestapply control.to personsntrol.

4.holding a license issued by the Director before July 1, 1973, or to the renewal of the license of any such person.

The requirements of subsection 3 do not apply to persons holding a license issued by the Director before July 1, 1973, or to the renewal of the license of any such person.

If the Director finds [the] an applicant for a business license or a license as an applicator to be qualified, and upon the applicant’s appointing the Director agent for service of process and finding that the applicant has satisfied the requirements of NRS 555.325 and 555.330, as applicable, the Director shall issue [a] the license [to perform pest control within this State.] as applied for.for2.

2.

If the holder of the license is a natural person, the holder must submit with his or her application for renewal the statement required pursuant to NRS 555.325.] - *AB32_R1* – 9 – 3.

- 79th Session (2017) – 9 – Sec.

A natural person who applies for the issuance or renewal of a license [to perform pest control] pursuant to NRS 555.2605 to 555.460, inclusive, and sections 2 to 14, inclusive, of this act shall submit to the Director the statement prescribed by the Division of Welfare and Supportive Services of the Department ofofy the Health and Human Services pursuant to NRS 425.520.

or (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Director shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.arrearage.ine the Sec.

Sec.

- *AB32_R1* – 10 – (2) Subject to the limit for one person, not less than $300,000 for bodily injury to or death of two or more persons in any one accident;

and - 79th Session (2017) – 10 – (3) Not less than $100,000 for each occurrence of damage to property in any one accident.

2.pesticides or other materials declared hazardous or dangerous to humans, livestock, wildlife, crops or plantlife.

The Director may require drift insurance for the use of pesticides or other materials declared hazardous or dangerous to humans, livestock, wildlife, crops or plantlife.

(a) Is a primary principal , location principal or principal or intends to act as a primary principal , location principal or principal for a pest control business ;

[pursuant to NRS 555.3507;] and principal (b) Has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, a category A or B felony or [any crime involving moral turpitude,] a category C, D or E felony if the conviction occurred or the plea was entered for the category C, D or E felony during the immediately preceding 10 years in any court of competent jurisdiction in the United States or any other country.

In addition to any other requirements set forth in this chapter [,] and except as otherwise provided in subsection 3, each applicant for a license [to perform pest control] as an applicator specified in paragraph (a) of subsection 1 shall submit with his or her application a complete set of the applicant’s fingerprints and written permission authorizing the Director to forward the fingerprints to the Central - *AB32_R1* – 11 – Repository for Nevada Records of Criminal History for submission - 79th Session (2017) – 11 – to the Federal Bureau of Investigation for its report.

The application must be accompanied by a fee in an amount that is equal to any fee charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processingpro3.ssiIn thelieu of submitting a complete set of his or her fingerprints and written permission pursuant to subsection 2, an applicant may, in accordance with regulations adopted by the Department and upon the payment of any fee required by the Department pursuant to those regulations, submit any document or other information required by the Department to perform a background check of the applicant.

3.

In lieu of submitting a complete set of his or her fingerprints and written permission pursuant to subsection 2, an applicant may, in accordance with regulations adopted by the Department and upon the payment of any fee required by the Department pursuant to those regulations, submit any document or other information required by the Department to perform a background check of the applicant.

(c) The licensee has made false or fraudulent claims through any media by misrepresenting the effect of materials or methods to bebeny used;

- 79th Session (2017) – 12 – (h) The licensee has engaged in the business of pest control without having a licensed agent, operator, primary principal or principal in direct on-the-job supervision;

- *AB32_R1* – 12 – (i) The licensee has aided or abetted a licensed or an unlicensed person to evade the provisions of NRS 555.2605 to 555.460, inclusive, and sections 2 to 14, inclusive, of this act, combined or conspired with such a licensee or an unlicensed person to evade the provisions, or allowed [one’s] the license to be used by an unlicensed person;

A business license and any license issued to a principal of the business as an applicator is suspended automatically, without action of the Director, if the proof of public liability and property damage or drift insurance filed pursuant to NRS 555.330 is cancelled, and the [license remains] licenses remain suspended until the insurance is re-established.

Any - 79th Session (2017) – 13 – document or other information submitted pursuant to this subsection must be accompanied by the appropriate fees, if any, specified in regulations adopted by the Department for performing the background check.

A willful failure of a licensee to comply with the requirements of this subsection [3] constitutes an additional - *AB32_R1* – 13 – ground for the revocation, suspension or modification of the licenselicenseal [of the licensee] pursuant to this section.

The Director shall reinstate a license [to perform pest control] that has been suspended by a district court pursuant to NRS 425.540 if the Director receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to thethect person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

A person shall not use any restricted-use pesticide within this State at any time without a certificate issued by the Director - 79th Session (2017) – 14 – except a person using any restricted-use pesticide under the supervision of a certified applicator.

or (b) A special use permit pursuant to NRS 586.405, ¬ for a restricted-use pesticide, a person shall not use that pesticide without obtaining the required permit.

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The regulations must not be inconsistent with any regulations issued by this State or by the Federaloperation Governmentof relatingaircraft.ating to safety in air navigation or the operation2. of aircraft.

2.

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555.460 Any person violating the provisions of NRS 555.2605 to 555.420, inclusive, and sections 2 to 14, inclusive, of this act or the regulations adopted pursuant thereto, is guilty of a misdemeanor and, in addition to any criminal penalty, shall pay to the Department an administrative fine of not more than $5,000 per violation.

If anannt administrative fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the Department.

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Sec.561.375.

40.1.

NRS 561.375 is hereby amended to read as follows:

561.375 1.

- 79th Session (2017) – 16 – Sec.

2.Registration and Enforcement Account:osited in the Agriculture (a) Except as otherwise provided in NRS 586.270 and 586.940, fees collected pursuant to the provisions of chapter 586 of NRS.

The following fees must be deposited in the Agriculture Registration and Enforcement Account:

(a) Except as otherwise provided in NRS 586.270 and 586.940, fees collected pursuant to the provisions of chapter 586 of NRS.

- *AB32_R1* – 16 – (d) Laboratory fees collected for the testing of pesticides as authorized by NRS 561.305, and as are necessary pursuant to the provisions of NRS 555.2605 to 555.460, inclusive, and sections 2 to 14, inclusive, of this act and, except as otherwise provided in NRS 586.270 and 586.940, chapter 586 of NRS.

3.Enforcement Account may be made to carry out the provisions of and this chapter, NRS 555.2605 to 555.460, inclusive, and sections 2 to 14, inclusive, of this act or chapters 586, 588 and 590 of NRS or for any other purpose authorized by the Legislature.

Expenditures from the Agriculture Registration and Enforcement Account may be made to carry out the provisions of this chapter, NRS 555.2605 to 555.460, inclusive, and sections 2 to 14, inclusive, of this act or chapters 586, 588 and 590 of NRS or for any other purpose authorized by the Legislature.

- 79th Session (2017) – 17 – 2.

or (c) Engage in or perform pest control activities concerning wood-destroying pests or organisms issued pursuant to NRS 555.285, - *AB32_R1* – 17 – ¬ and who is otherwise qualified to hold the existing license on that date shall be deemed during the period for which the existing license was issued to be licensed as an applicator pursuant to NRS 555.280 or 555.285, as amended by sections 23 and 24 of this act, respectively, as applicable.

The provisions of NRS 354.599 do not apply to any additionalprovisions expenses of athis act.a local government that are related to the provisionsSec. of this act.

Sec.

This section and sections 2 to 41, inclusive, and 43 and 44 of this act become effective on July 1, 2017.

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