SB 227 – Enforcement of Pesticide Violations
Authored by Sen. Jean Leising (R-Oldenburg)
This bill provides a list of violations for which the state chemist may impose a civil penalty. It eliminates the schedule of civil penalties as adopted by the Indiana Pesticide Review Board. (Under current law, the state chemist imposes a civil penalty in accordance with a schedule of civil penalties as adopted by the Indiana Pesticide Review Board.) This bill also provides that the state chemist may adjust a civil penalty by 20% for certain violations if a person responsible for the violation takes mitigating actions.
Chamber position: Support
The latest: Heard in the House Agriculture and Rural Development Committee on Tuesday, the bill passed unanimously by a vote of 11-0. It is now eligible for a third reading vote before the full House.
Indiana Chamber action/commentary: We testified in support of the bill which is a compromise from the 2020 General Assembly. This is a rework of HB 1119, authored by Rep. Don Lehe (R-Brookston), and SB 438, authored by Sen. Jean Leising (R-Oldenburg), from the 2020 legislative session. We opposed those bills on the grounds that they would have unintended consequences to the overall business community even though they were supposed to be directed at the agriculture community. During the 2020 interim period, the Indiana Pesticide Review Board established a working group, in which the Chamber participated, to review civil penalties and make recommendations concerning civil penalties to the General Assembly. This bill is a result of those recommendations. While it raises civil penalties slightly, it provides the Office of Indiana State Chemist and the Pesticide Review Board with discretion to reduce penalties if there are mitigating circumstances.
Resource: Greg Ellis at (317) 264-6881 or email: gellis@indianachamber.com
