Minnesota Legislature
HF 4164
as introduced - 93rd Legislature (2023 - 2024) Posted on 02/22/2024 02:55pm
Bill Text Versions
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| Introduction | Posted on 02/22/2024 |
Current Version - as introduced
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A bill for an act
relating to agriculture; modifying provisions related to pest control; amending
Minnesota Statutes 2022, sections 18B.32, subdivisions 4, 5; 18B.33, subdivisions
5, 6; 18B.34, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 18B.32, subdivision 4, is amended to read:
Subd. 4.
Renewal.
(a) new text begin An applicator may apply to renew new text end a structural pest control
applicator license deleted text begin may be reneweddeleted text end on or before the expiration of an existing license subject
to reexamination, attendance at workshops approved by the commissioner, or other
requirements imposed by the commissioner to provide the applicator with information
regarding changing technology and to help assure a continuing level of competency and new text begin an
new text end ability to use pesticides safely and properly.new text begin If the commissioner requires an applicator to
attend a recertification workshop and the applicator fails to attend the workshop, the
commissioner may require the applicator to pass a reexamination.new text end The commissioner may
require an additional demonstration of applicator qualification if the applicator has had a
license suspended or revoked or has otherwise had a history of violations of this chapter.
(b) If deleted text begin a persondeleted text end new text begin an applicatornew text end fails to renew a structural pest control license within three
months of its expiration, the deleted text begin persondeleted text end new text begin applicatornew text end must obtain a structural pest control license
subject to the requirements, procedures, and fees required for an initial license.
Sec. 2.
Minnesota Statutes 2022, section 18B.32, subdivision 5, is amended to read:
Subd. 5.
Financial responsibility.
(a) deleted text begin A structural pest control license may not be issued
unless the applicant furnishes proof of financial responsibility.deleted text end Thenew text begin commissioner may
suspend or revoke a structural pest control license if an applicator fails to provide proof of
financial responsibility upon the commissioner's request.new text end Financial responsibility may be
demonstrated by:
(1) proof of net assets equal to or greater than $50,000; or
(2) a performance bond or insurance of a kind and in an amount determined by the
commissioner.
(b) The bond or insurance must cover a period of time at least equal to the term of the
deleted text begin applicant'sdeleted text end new text begin applicator'snew text end license. The commissioner must immediately suspend the license
of deleted text begin a persondeleted text end new text begin an applicatornew text end who fails to maintain the required bond or insurance. The
performance bond or insurance policy must contain a provision requiring the insurance or
bonding company to notify the commissioner by ten days before the effective date of
cancellation, termination, or any other change of the bond or insurance. If there is recovery
against the bond or insurance, additional coverage must be securednew text begin by the applicatornew text end to
maintain financial responsibility equal to the original amount required.
(c) An employee of a licensed person is not required to maintain an insurance policy or
bond during the time the employer is maintaining the required insurance or bond.
(d) Applications for reinstatement of a license suspended under the provisions of this
section must be accompanied by proof of satisfaction of judgments previously rendered.
Sec. 3.
Minnesota Statutes 2022, section 18B.33, subdivision 5, is amended to read:
Subd. 5.
Renewal application.
(a) deleted text begin A persondeleted text end new text begin An applicatornew text end must apply to the
commissioner to renew a commercial applicator license. The commissioner may renew a
commercial applicator license accompanied by the application fee, subject to reexamination,
attendance at workshops approved by the commissioner, or other requirements imposed by
the commissioner to provide the applicator with information regarding changing technology
and to help assure a continuing level of competence and ability to use pesticides safely and
properly. deleted text begin The applicantdeleted text end new text begin Upon the receipt of an applicator's renewal application, the
commissioner may require the applicator to attend a recertification workshop. Depending
on the application category, the commissioner may require an applicator to complete a
recertification workshop once per year, once every two years, or once every three years. If
the commissioner requires an applicator to attend a recertification workshop and the
applicator fails to attend the workshop, the commissioner may require the applicator to pass
a reexamination. An applicatornew text end may renew a commercial applicator license within 12 months
after expiration of the license without having to meet initial testing requirements. The
commissioner may require new text begin an new text end additional demonstration of applicator qualification if deleted text begin a persondeleted text end new text begin
the applicatornew text end has had a license suspended or revoked or has had a history of violations of
this chapter.
(b) An deleted text begin applicantdeleted text end new text begin applicatornew text end that meets renewal requirements by reexamination instead
of attending workshops must pay the equivalent workshop fee for the reexamination as
determined by the commissioner.
Sec. 4.
Minnesota Statutes 2022, section 18B.33, subdivision 6, is amended to read:
Subd. 6.
Financial responsibility.
(a) deleted text begin A commercial applicator license may not be issued
unless the applicant furnishes proof of financial responsibility.deleted text end The new text begin commissioner may
suspend or revoke an applicator's commercial applicator license if the applicator fails to
provide proof of financial responsibility upon the commissioner's request. new text end Financial
responsibility may be demonstrated by: (1) proof of net assets equal to or greater than
$50,000; or (2) by a performance bond or insurance of the kind and in an amount determined
by the commissioner.
(b) The bond or insurance must cover a period of time at least equal to the term of the
deleted text begin applicant'sdeleted text end new text begin applicator'snew text end license. The commissioner must immediately suspend the license
of deleted text begin a persondeleted text end new text begin an applicatornew text end who fails to maintain the required bond or insurance. The
performance bond or insurance policy must contain a provision requiring the insurance or
bonding company to notify the commissioner by ten days before the effective date of
cancellation, termination, or any other change of the bond or insurance. If there is recovery
against the bond or insurance, additional coverage must be securednew text begin by the applicatornew text end to
maintain financial responsibility equal to the original amount required.
(c) An employee of a licensed deleted text begin persondeleted text end new text begin applicatornew text end is not required to maintain an insurance
policy or bond during the time the employer is maintaining the required insurance or bond.
(d) Applications for reinstatement of a license suspended under the provisions of this
section must be accompanied by proof of satisfaction of judgments previously rendered.
Sec. 5.
Minnesota Statutes 2022, section 18B.34, subdivision 4, is amended to read:
Subd. 4.
Renewal.
(a) deleted text begin A persondeleted text end new text begin An applicatornew text end must apply to the commissioner to renew
a noncommercial applicator license. The commissioner may renew a license subject to
reexamination, attendance at workshops approved by the commissioner, or other requirements
imposed by the commissioner to provide the applicator with information regarding changing
technology and to help assure a continuing level of competence and ability to use pesticides
safely and properly. new text begin Upon the receipt of an applicator's renewal application, the commissioner
may require the applicator to attend a recertification workshop. Depending on the application
category, the commissioner may require an applicator to complete a recertification workshop
once per year, once every two years, or once every three years. If the commissioner requires
an applicator to attend a recertification workshop and the applicator fails to attend the
workshop, the commissioner may require the applicator to pass a reexamination. new text end The
commissioner may require an additional demonstration of applicator qualification if the
applicator has had a license suspended or revoked or has otherwise had a history of violations
of this chapter.
(b) An deleted text begin applicantdeleted text end new text begin applicatornew text end that meets renewal requirements by reexamination instead
of attending workshops must pay the equivalent workshop fee for the reexamination as
determined by the commissioner.
(c) An deleted text begin applicantdeleted text end new text begin applicatornew text end has 12 months to renew the license after expiration without
having to meet initial testing requirements.