1.1                          A bill for an act 
  1.2             relating to agriculture; changing certain pesticide 
  1.3             provisions; amending Minnesota Statutes 2000, section 
  1.4             18B.315, subdivision 3; Minnesota Statutes 2001 
  1.5             Supplement, section 18B.36, subdivision 1; proposing 
  1.6             coding for new law in Minnesota Statutes, chapter 18D. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 18B.315, 
  1.9   subdivision 3, is amended to read: 
  1.10     Subd. 3.  [APPLICATION.] (a) A person must apply to the 
  1.11  commissioner for an aquatic pest control license on forms and in 
  1.12  a manner required by the commissioner.  The commissioner shall 
  1.13  require the applicant to pass a written, closed-book, monitored 
  1.14  examination or oral examination, or both, and may also require a 
  1.15  practical demonstration regarding aquatic pest control.  The 
  1.16  commissioner shall establish the examination procedure, 
  1.17  including the phases and contents of the examination. 
  1.18     (b) The commissioner may license a person as a master under 
  1.19  an aquatic pest control license if the person has the necessary 
  1.20  qualifications through knowledge and experience to properly 
  1.21  plan, determine, and supervise the selection and application of 
  1.22  pesticides in aquatic pest control.  To demonstrate the 
  1.23  qualifications and become licensed as a master under the aquatic 
  1.24  pest control license, a person must: 
  1.25     (1) pass a closed-book test administered by the 
  1.26  commissioner; 
  2.1      (2) have direct experience as a licensed journeyman under 
  2.2   an aquatic pest control license or as a licensed pesticide 
  2.3   applicator for at least two years by this state or a state with 
  2.4   equivalent certification requirements~~, or have at least 1,600~~ 
  2.5   ~~hours of qualifying experience in the previous four years as~~ 
  2.6   ~~determined by the commissioner~~; and 
  2.7      (3) show practical knowledge and field experience under 
  2.8   clause (2) in the actual selection and application of pesticides 
  2.9   under varying conditions. 
  2.10     (c) The commissioner may license a person as a journeyman 
  2.11  under an aquatic pest control license if the person: 
  2.12     (1) has the necessary qualifications in the practical 
  2.13  selection and application of pesticides; 
  2.14     (2) has passed a closed-book examination given by the 
  2.15  commissioner; and 
  2.16     (3) is engaged as an employee of or is working under the 
  2.17  direction of a person licensed as a master under an aquatic pest 
  2.18  control license. 
  2.19     Sec. 2.  Minnesota Statutes 2001 Supplement, section 
  2.20  18B.36, subdivision 1, is amended to read: 
  2.21     Subdivision 1.  [REQUIREMENT.] (a) Except for a licensed 
  2.22  commercial or noncommercial applicator, only a certified private 
  2.23  applicator may use a restricted use pesticide to produce an 
  2.24  agricultural commodity: 
  2.25     (1) as a traditional exchange of services without financial 
  2.26  compensation; 
  2.27     (2) on a site owned, rented, or managed by the person or 
  2.28  the person's employees; or 
  2.29     (3) when the private applicator is one of two or fewer 
  2.30  ~~specified individuals employed as agricultural employment as~~ 
  2.31  ~~defined by section 268.035, subdivision 2,~~ employees and the 
  2.32  owner or operator is a certified private applicator or is 
  2.33  licensed as a noncommercial applicator. 
  2.34     (b) A private applicator may not purchase a restricted use 
  2.35  pesticide without presenting a certified private applicator card 
  2.36  or the card number. 
  3.1      Sec. 3.  [18D.302] [FALSE STATEMENT OR RECORD.] 
  3.2      A person must not make or offer a false statement, record, 
  3.3   or other information as part of: 
  3.4      (1) an application for registration, license, 
  3.5   certification, permit, or land application of contaminated soil 
  3.6   or other media under this chapter or chapter 18B, 18C, or 18F or 
  3.7   rules adopted under one of those chapters; 
  3.8      (2) records or reports required under this chapter or 
  3.9   chapter 18B, 18C, 18E, or 18F or rules adopted under one of 
  3.10  those chapters; or 
  3.11     (3) an investigation of a violation of this chapter or 
  3.12  chapter 18B, 18C, 18E, or 18F or rules adopted under one of 
  3.13  those chapters.