SF 2071

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; changing provisions of plant 
  1.3             pests, fertilizer, and lime; changing licensing 
  1.4             requirements for aquatic pest control applicators; 
  1.5             amending Minnesota Statutes 1994, sections 18.52, 
  1.6             subdivisions 2 and 5; 18.53; 18B.32; 18B.33, 
  1.7             subdivision 1; 18B.34, subdivision 1; 18C.005, 
  1.8             subdivisions 6, 13, 20, 22, 33, 34, and by adding a 
  1.9             subdivision; 18C.115, subdivision 2; 18C.215, 
  1.10            subdivisions 1 and 2; 18C.415, subdivision 1; 18C.531, 
  1.11            subdivision 8, and by adding a subdivision; 18C.545, 
  1.12            subdivision 2; and 18E.03, subdivision 4; proposing 
  1.13            coding for new law in Minnesota Statutes, chapter 18B; 
  1.14            repealing Minnesota Statutes 1994, section 18C.531, 
  1.15            subdivision 26. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 1994, section 18.52, 
  1.18  subdivision 2, is amended to read: 
  1.19     Subd. 2.  [EXPIRATION.] Said certificate shall expire 
  1.20  annually on November 15 of each year December 31.  
  1.21     Sec. 2.  Minnesota Statutes 1994, section 18.52, 
  1.22  subdivision 5, is amended to read: 
  1.23     Subd. 5.  [FEES; PENALTY.] A nursery stock dealer shall pay 
  1.24  an annual fee based on the dealer's gross sales during the 
  1.25  preceding certificate year.  A nursery stock dealer operating 
  1.26  for the first year will pay the minimum fee. 
  1.27    Dealers:
  1.28    (1)  Gross sales up to                 at a location
  1.29         $5,000                            $70 per location
  1.30    
  2.1     (2)  Gross sales over $5,000           at a location
  2.2          up to $10,000                     $100 per location
  2.3     
  2.4     (3)  Gross sales over $10,000          at a location
  2.5          up to $25,000                     $200 per location
  2.6     
  2.7     (4)  Gross sales over $25,000          at a location
  2.8          up to $75,000                     $300 per location
  2.9     
  2.10    (5)  Gross sales over $75,000          at a location
  2.11         up to $100,000                    $400 per location
  2.12    
  2.13    (6)  Gross sales over $100,000         at a location
  2.14         up to $250,000                    $500 per location
  2.16    (7)  Gross sales over $250,000         at a location
  2.17                                           $600 per location
  2.18     In addition to the above fees, a minimum penalty of $10 or 
  2.19  25 percent of the fee due, whichever is greater, shall be 
  2.20  charged for any application for renewal not received by January 
  2.21  1 of the year following expiration of a certificate. 
  2.22     Sec. 3.  Minnesota Statutes 1994, section 18.53, is amended 
  2.23  to read: 
  2.24     18.53 [GREENHOUSE CERTIFICATION.] 
  2.25     The commissioner may inspect and certify greenhouses and 
  2.26  greenhouse plants as being free from plant pests upon request of 
  2.27  the greenhouse operator and issue a greenhouse certificate.  The 
  2.28  fee is $50 for each greenhouse operator.  The certificate 
  2.29  expires on November 15 December 31 next following the date of 
  2.30  issue.  
  2.31     Sec. 4.  [18B.315] [AQUATIC PEST CONTROL LICENSE.] 
  2.32     Subdivision 1.  [REQUIREMENT.] (a) A person may not engage 
  2.33  in aquatic pest control applications: 
  2.34     (1) for hire without an aquatic pest control license; and 
  2.35     (2) as a sole proprietorship, company, partnership, or 
  2.36  corporation unless the person is or employs a licensed master in 
  3.1   aquatic pest control operations. 
  3.2      (b) An aquatic pest control licensee must have a valid 
  3.3   license identification card when applying pesticides for hire 
  3.4   and must display it upon demand by an authorized representative 
  3.5   of the commissioner or law enforcement officer.  The license 
  3.6   identification card must contain information required by the 
  3.7   commissioner. 
  3.8      Subd. 2.  [LICENSES.] (a) An aquatic pest control license: 
  3.9      (1) expires on December 31 of the year for which the 
  3.10  license is issued; 
  3.11     (2) is not transferable; and 
  3.12     (3) must be prominently displayed to the public in the 
  3.13  aquatic pest controller's place of business. 
  3.14     (b) The commissioner shall establish categories of master 
  3.15  and journeyman for a person to be licensed under an aquatic pest 
  3.16  control license. 
  3.17     Subd. 3.  [APPLICATION.] (a) A person must apply to the 
  3.18  commissioner for an aquatic pest control license on forms and in 
  3.19  a manner required by the commissioner.  The commissioner shall 
  3.20  require the applicant to pass a written, closed-book, monitored 
  3.21  examination or oral examination, or both, and may also require a 
  3.22  practical demonstration regarding aquatic pest control.  The 
  3.23  commissioner shall establish the examination procedure, 
  3.24  including the phases and contents of the examination. 
  3.25     (b) The commissioner may license a person as a master under 
  3.26  an aquatic pest control license if the person has the necessary 
  3.27  qualifications through knowledge and experience to properly 
  3.28  plan, determine, and supervise the selection and application of 
  3.29  pesticides in aquatic pest control.  To demonstrate the 
  3.30  qualifications and become licensed as a master under the aquatic 
  3.31  pest control license, a person must: 
  3.32     (1) pass a closed-book test administered by the 
  3.33  commissioner; 
  3.34     (2) have direct experience as a licensed journeyman under 
  3.35  an aquatic pest control license for at least two years by this 
  3.36  state or a state with equivalent certification requirements, or 
  4.1   have at least 1,600 hours of qualifying experience in the 
  4.2   previous four years as determined by the commissioner; and 
  4.3      (3) show practical knowledge and field experience under 
  4.4   clause (2) in the actual selection and application of pesticides 
  4.5   under varying conditions. 
  4.6      (c) The commissioner may license a person as a journeyman 
  4.7   under an aquatic pest control license if the person: 
  4.8      (1) has the necessary qualifications in the practical 
  4.9   selection and application of pesticides; 
  4.10     (2) has passed a closed-book examination given by the 
  4.11  commissioner; and 
  4.12     (3) is engaged as an employee of or is working under the 
  4.13  direction of a person licensed as a master under an aquatic pest 
  4.14  control license. 
  4.15     Subd. 4.  [RENEWAL.] (a) An aquatic pest control applicator 
  4.16  license may be renewed on or before the expiration of an 
  4.17  existing license subject to reexamination, attendance at 
  4.18  workshops approved by the commissioner, or other requirements 
  4.19  imposed by the commissioner to