2-2440.   Unlawful acts; pesticide business license,requirements and fees, exemptions; government agency registration, exemptions;license and registration renewals.(a) Subject to the provisions of subsection (d), it is unlawful for anypesticide business which has not been issued a pesticide business license to:

      (1)   Advertise, offer for sale, sell or perform any service for the control ofa pest on the property of another or apply a pesticide to the property ofanother within this state; or

      (2)   perform any service for the control of a pest or apply any pesticide onor at the premises of another person under any commission, division of receiptsor subcontracting arrangement with a licensed pesticide business.

      Nothing in this subsection shall be construed to require the licensing of anyperson applying restricted use pesticides to the property of another as acertified private applicator or under the supervision of a certifiedprivate applicator.

      (b)   Application for a pesticide business license or renewal shall be madeon a form obtained fromthe secretary and shall be accompanied by anapplication fee per category in which the licensee applies, and an additionalfee for each uncertified individual employed by the applicant to applypesticides. The application fee per category shall be$140 per category in which the licensee applies, except that on andafter July 1, 2015, the application fee per category shall be $112 per categoryin which the licensee applies. An additional fee of$15shall be paid for each uncertified individual employed by the applicant toapply pesticides, except that on andafter July 1, 2015, an additional fee of $10 shall be paid for each uncertifiedindividual employed by the applicant to apply pesticides. The applicationfee per category and the additional fee foreach uncertified employee in effect on the day preceding the effective date ofthis act shall continue in effect until the secretaryadopts rules and regulations fixing a different fee under this subsection. Anyuncertified individual employed for a period of more than 10 days in a 30-dayperiod or for five consecutive days by a licensee to apply pesticidessubsequent to such application shall be reported to the secretary within 30days of such employee's hiring and the fee shall be paid at that time. Eachapplication shall also include the following:

      (1)   The business name of the person applying for such license or renewal;

      (2)   if the applicant is an individual, receiver, trustee, representative,agent, firm, partnership, association, corporation or other organized groupof persons, whether or not incorporated, the full name of each owner ofthe firm or partnership or the names of the officers of the association,corporation or group;

      (3)   the principal business address of the applicant in the state andelsewhere; and

      (4)   any other information the secretary, by rules and regulations, deemsnecessary for the administration of this act.

      (c)   The secretary may issue a pesticide business license to apply pesticidesin categories for which an applicant has applied if the applicant files thebond, insurance, letter of credit or proof of an escrow account as requiredunder K.S.A. 2-2448, and amendments thereto, satisfies the requirements ofsubsection (b), and pays the required fees. Such license shall expire at theend of the calendar year for which it is issued unless it has been revoked orsuspended prior thereto. If a license is not issued as applied for, thesecretary shall inform the applicant in writing of the reasons therefor.

      (d)   The following persons shall be exempted from the licensing requirementsof this act:

      (1)   State or federal personnel using pesticides or pest control serviceswhile engaged in pesticide use research;

      (2)   veterinarians or physicians using pesticides as a part of theirprofessional services; and

      (3)   any person or such person's employee who applies pesticides on orat premises owned, leased or operated by such person.

      (e)   Subject to the provisions of subsection (d), it is unlawful for anygovernmental agency which has not been issued a government agency registrationto apply pesticides within this state. Application for government agencyregistration shall be made on aform obtained from thesecretary and shall be accompanied by a fee fixed by rules andregulations adopted by the secretary, except that suchfee shall not exceed $50, except that on andafter July 1, 2015, such fee shall not exceed $35. The governmental agencyregistrationfee in effect on the day preceding the effective date of this act shallcontinue in effect until the secretary adopts rules andregulations fixing a different fee therefor under this subsection. No feeshall be required of any township located within a county which has previouslyapplied for and received government agency registration. Each application forregistration shall contain information including, but not limited to:

      (1)   The name of the government agency;

      (2)   the mailing address of the applicant;

      (3)   the name and mailing address of the person who heads such agency andwho is authorized to receive correspondence and legal papers. Such personshall be: (A) The mayor or city manager for municipalities; (B) the chairpersonof the board of county commissioners for counties; (C) the township trustee fortownships; or (D) any person designated by any other governmental agency; and

      (4)   any other information the secretary, by rules and regulations, deemsnecessary for the administration of this act.

      (f)   If the secretary finds the application to be sufficient, the secretaryshall issue a government agency registration. The government agency is notrequired to furnish a surety bond under this act. Such government agencyregistration shall expire at the end of the calendar year for which it isissued unless it has been revoked or suspended prior thereto. If aregistration is not issued as applied for, the secretary shall inform theapplicant in writing of the reasons therefor.

      (g)   A pesticide business license or government agency registration may berenewed by meeting the same requirements as for a new license or registration.Neither the pesticide business license nor the government agency registrationshall be transferable, except that, in the event of the disability, incapacityor death of the owner, manager or legal agent of a pesticide business licensee,a permit may be issued by the secretary to permit the operation of suchbusiness until the expiration period of the license in effect at the time ofsuch disability, incapacity or death if the applicant therefor can show thatthe policies and services of such business will continue substantially asbefore, with due regard to protection of the public and the environment.

      (h)   No pesticide business license may be issued to any person until suchperson is or has in such person's employ one or more individuals who arecertified commercial applicators in each of the categories for which thelicense application is made.

      History:   L. 1976, ch. 1, § 3;L. 1977, ch. 3, § 2;L. 1982, ch. 4, § 8;L. 1982, ch. 7, § 1;L. 1985, ch. 13, § 1;L. 1987, ch. 12, § 9;L. 1989, ch. 6, § 12;L. 1994, ch. 199, § 1;L. 1994, ch. 336, § 4;L. 2002, ch. 181, § 3;L. 2004, ch. 85, § 3;L. 2009, ch. 128, § 11; July 1.