Bill Text: MS HB734 | 2013 | Regular Session | Introduced
Bill Title: Pesticides registration fee; increase to fund Law Enforcement Officers and Fire Fighters Death Benefit Fund.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-02-05 - Died In Committee [HB734 Detail]
Download: Mississippi-2013-HB734-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Agriculture; Ways and Means
By: Representative Stringer
House Bill 734
AN ACT TO AMEND SECTION 69-23-7, MISSISSIPPI CODE OF 1972, TO INCREASE THE AMOUNT OF THE ANNUAL FEE FOR REGISTERING PESTICIDES WITH THE DEPARTMENT OF AGRICULTURE AND COMMERCE; TO PROVIDE THAT HALF OF THE AMOUNT OF THE INCREASE IN THE FEE SHALL BE DEPOSITED INTO A SPECIAL FUND IN THE STATE TREASURY KNOWN AS THE "LAW ENFORCEMENT OFFICERS AND FIRE FIGHTERS DEATH BENEFITS FUND"; TO AMEND SECTION 45-2-1, MISSISSIPPI CODE OF 1972, TO INCREASE THE AMOUNT OF THE BENEFIT PAID TO THE DESIGNATED BENEFICIARY OF A LAW ENFORCEMENT OFFICER OR FIREFIGHTER KILLED OR WHO RECEIVES A BODILY INJURY THAT RESULTS IN THE DEATH OF THE COVERED OFFICER OR FIREFIGHTER WHICH OCCURS WHILE ENGAGED IN THE PERFORMANCE OF THE INDIVIDUAL'S OFFICIAL DUTIES TO $200,000.00; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 69-23-7, Mississippi Code of 1972, is amended as follows:
69-23-7. (1) Every pesticide which is distributed, sold or offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state shall be registered in the office of the commissioner, and such registration shall be renewed annually. Products which have the same formula, are manufactured by the same person, the labeling of which contains the same claims, and the labels bear a designation identifying the products as the same pesticide, may be registered as a single pesticide. Additional names and labels shall be added by supplement statements during the current period of registration. The registrant shall file with the commissioner a statement including:
(a) The name and address of the registrant and the name and address of the person whose name will appear on the label if other than the registrant;
(b) The name of the pesticide;
(c) A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including directions for use and the use classification as provided for in FIFRA;
(d) If requested by the commissioner, a full description of the tests made and the results upon which the claims are based. In the case of renewal of registration, a statement shall be required only for information which is different from that furnished when the pesticide was registered or last reregistered; and
(e) Any other information required by the commissioner which may be prescribed by regulation.
(2) The registrant shall
pay an annual fee of * * * Three Hundred Dollars ($300.00)
for each brand or grade of pesticide registered. * * * Two Hundred Fifty Dollars ($250.00)
of the fees collected under this section shall be deposited in a special fund
in the State Treasury * * * to the credit of
the Department of Agriculture and Commerce, and shall be subject to
appropriation by the * * *
Legislature. The fees in that special fund shall be used by the * * *
department for enforcement of this chapter. Fifty Dollars
($50.00) of the fees collected under this section shall be deposited in the Law
Enforcement Officers and Fire Fighters Death Benefit Trust Fund, established
under Section 45-2-1(3)(a). The Department of Agriculture and Commerce may
contract with the Department of Environmental Quality for a groundwater
monitoring program.
(3) The commissioner, whenever he deems it necessary in the administration of this chapter, may require the submission of the complete formula of any pesticide. If it appears to the commissioner that the composition of the articles warrants the proposed claims for it, and if the article and its labeling and other material required to be submitted comply with the requirements of Section 69-23-5, he shall register the article, if the article is registered under FIFRA. If the state is certified by the administrator of EPA to register pesticides pursuant to Section 24(c) of FIFRA, the commissioner may register the article to meet special local needs if he determines that the registration will not be in violation of FIFRA.
(4) If it does not appear to the commissioner that the article warrants the proposed claims for it or if the article and its labeling and other material required to be submitted do not comply with the provisions of this chapter, the commissioner may refuse to register the article. In order to protect the public, the commissioner may, at any time, cancel or suspend the registration of a pesticide if he determines that it does not comply with this chapter or creates an imminent hazard. If he receives a notice from the Commission on Environmental Quality under Section 49-17-26 in relation to state underground water quality standards, he may order the relabeling of any pesticide, or suspend or cancel the registration of any pesticide or any use of any pesticide, or adopt a regulation in accordance with Section 69-23-9 to protect the underground water resources, as defined in the Federal Safe Drinking Water Act. He may advise EPA of the manner in which a federally registered pesticide fails to comply with FIFRA and suggest the necessary corrections. Regulatory action taken under this subsection shall be conducted in accordance with Sections 69-25-51 through 69-25-63.
(5) Notwithstanding any other provision of this chapter, registration is not required in case of a pesticide shipped from one plant within this state to another plant within this state operated by the same person.
SECTION 2. Section 45-2-1, Mississippi Code of 1972, is amended as follows:
45-2-1. (1) Whenever used in this section, the term:
(a) "Covered individual" means a law enforcement officer or firefighter as defined in this section when employed by an employer as defined in this section; it does not include employees of independent contractors. "Covered individual" also includes volunteer firefighters.
(b) "Employer" means a state board, commission, department, division, bureau or agency, or a county, municipality or other political subdivision of the state, which employs, appoints or otherwise engages the services of covered individuals.
(c) "Firefighter" means an individual who is trained for the prevention and control of loss of life and property from fire or other emergencies, who is assigned to fire-fighting activity, and is required to respond to alarms and perform emergency actions at the location of a fire, hazardous materials or other emergency incident.
(d) "Law enforcement officer" means any lawfully sworn officer or employee of the state or any political subdivision of the state whose duties require the officer or employee to investigate, pursue, apprehend, arrest, transport or maintain custody of persons who are charged with, suspected of committing, or convicted of a crime, whether the officer is on regular duty on full-time status, an auxiliary or reserve officer, or is serving on a temporary or part-time status.
(2) (a) The Department of
Public Safety shall make a payment, as provided in this section, in the amount
of * * * Two Hundred Thousand Dollars ($200,000.00)
when a law enforcement officer, while engaged in the performance of the
person's official duties, is accidentally or intentionally killed or receives
accidental or intentional bodily injury that results in the loss of the covered
individual's life, provided that the killing is not the result of suicide and
that the bodily injury is not intentionally self-inflicted.
(b) The Department of
Public Safety shall make a payment, as provided in this section, in the amount
of * * * Two Hundred Thousand Dollars ($200,000.00)
when a firefighter, while engaged in the performance of the person's official
duties, is accidentally or intentionally killed or receives accidental or
intentional bodily injury that results in loss of the covered individual's
life, provided that the killing is not the result of suicide and that the
bodily injury is not intentionally self-inflicted.
(c) The payment provided for in this subsection shall be made to the beneficiary who was designated in writing by the covered individual, signed by the covered individual and delivered to the employer during the covered individual's lifetime. If no such designation is made, then the payment shall be made to the surviving child or children and spouse in equal portions, and if there is no surviving child or spouse, then to the parent or parents. If a beneficiary is not designated and there is no surviving child, spouse or parent, then the payment shall be made to the covered individual's estate.
(d) The payment made in this subsection is in addition to any workers' compensation or pension benefits and is exempt from the claims and demands of creditors of the covered individual.
(3) (a) There is established in the State Treasury a special fund to be known as the Law Enforcement Officers and Fire Fighters Death Benefits Trust Fund. The trust fund shall be funded by an initial appropriation of Two Hundred Thousand Dollars ($200,000.00), and shall be comprised of any additional funds made available by the Legislature or by donation, contribution, gift or any other source.
(b) The State Treasurer shall invest the monies of the trust fund in any of the investments authorized for the funds of the Public Employees' Retirement System under Section 25-11-121, and those investments shall be subject to the limitations prescribed by Section 25-11-121.
(c) Unexpended amounts remaining in the trust fund at the end of the state fiscal year shall not lapse into the State General Fund, and any income earned on amounts in the trust fund shall be deposited to the credit of the trust fund.
(4) The Department of Public Safety shall be responsible for the management of the trust fund and the disbursement of death benefits authorized under this section. The Department of Public Safety shall adopt rules and regulations necessary to implement and standardize the payment of death benefits under this section, to administer the trust fund created by this section and to carry out the purposes of this section.
SECTION 3. This act shall take effect and be in force from and after its passage.
