Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 283-S.F.No. 304 
           An act relating to agriculture; requiring aquatic pest 
          control applicators to be licensed; establishing 
          categories of commercial aquatic applicator and 
          certified aquatic applicator; exempting certain 
          applications from aquatic pest control licensure 
          requirements; amending Minnesota Statutes 1992, 
          sections 18B.32; 18B.33, subdivisions 1 and 4; and 
          18B.34, subdivisions 1 and 3. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 18B.32, is 
amended to read: 
    18B.32 [STRUCTURAL OR AQUATIC PEST CONTROL LICENSE.] 
    Subdivision 1.  [REQUIREMENT.] (a) A person may not engage 
in structural or aquatic pest control applications: 
    (1) for hire without a structural pest control license or, 
for an aquatic pest control application, an aquatic pest control 
license; and 
    (2) as a sole proprietorship, company, partnership, or 
corporation unless the person is or employs a licensed master in 
structural pest control operations or, for an aquatic pest 
control application, a commercial aquatic applicator. 
    (b) A structural or aquatic pest control licensee must have 
a valid license identification card when applying pesticides for 
hire and must display it upon demand by an authorized 
representative of the commissioner or a law enforcement 
officer.  The license identification card must contain 
information required by the commissioner.  
    Subd. 2.  [LICENSES.] (a) A structural or aquatic pest 
control license: 
    (1) expires on December 31 of the year for which the 
license is issued; 
    (2) is not transferable; and 
    (3) must be prominently displayed to the public in the 
structural or aquatic pest controller's place of business.  
    (b) The commissioner shall establish categories of master, 
journeyman, and fumigator for a person to be licensed under a 
structural pest control license and, for an aquatic pest control 
license, the categories of commercial aquatic applicator and 
certified aquatic applicator. 
    Subd. 3.  [APPLICATION.] (a) A person must apply to the 
commissioner for a structural or aquatic pest control license to 
be licensed as a master, journeyman, or fumigator on forms and 
in the manner required by the commissioner.  The commissioner 
shall require the applicant to pass a written, closed-book, 
monitored examination or oral examination, or both, and may also 
require a practical demonstration regarding structural or 
aquatic pest control.  The commissioner shall establish the 
examination procedure, including the phases and contents of the 
examination.  
    (b) The commissioner may license a person as a master under 
a structural pest control license or, for aquatic pest control 
applications, as a commercial aquatic applicator if the person 
has the necessary qualifications through knowledge and 
experience to properly plan, determine, and supervise the 
selection and application of pesticides in structural or aquatic 
pest control.  To demonstrate the qualifications and become 
licensed as a master under a structural pest control license or, 
for aquatic pest control applications, as a commercial aquatic 
applicator, a person must:  
    (1) pass closed-book testing administered by the 
commissioner; and 
    (2) by have direct experience as a licensed journeyman 
under a structural pest control license or, for aquatic pest 
control applications, by direct experience as a certified 
aquatic applicator under a commercial aquatic applicator for at 
least two years by this state or a state with equivalent 
certification requirements or as a full-time licensed master in 
another state with equivalent certification requirements or, for 
aquatic pest control applications, have at least 1,600 hours of 
qualifying experience in the previous four years as determined 
by the commissioner; and 
    (3) show practical knowledge and field experience under 
clause (2) in the actual selection and application of pesticides 
under varying conditions.  
    (c) The commissioner may license a person as a journeyman 
under a structural pest control license or, for aquatic pest 
control applications, as a certified aquatic applicator if the 
person:  
    (1) has the necessary qualifications in the practical 
selection and application of pesticides; 
    (2) has passed a closed-book examination given by the 
commissioner; and 
    (3) is engaged as an employee of or is working under the 
direction of a person licensed as a master under a structural 
pest control license or, for aquatic pest control applications, 
under a commercial aquatic applicator.  
    (d) The commissioner may license a person as a fumigator 
under a structural pest control license if the person:  
    (1) has knowledge of the practical selection and 
application of fumigants; 
    (2) has passed a closed-book examination given by the 
commissioner; and 
    (3) is licensed by the commissioner as a master or 
journeyman under a structural pest control license.  
    (e) The licensing requirements of paragraph (b) for 
commercial aquatic applicators are satisfied if a person:  (1) 
has at least two years direct experience with an aquatic 
category endorsement on a commercial applicator license; (2) can 
show practical knowledge and field experience in the actual 
selection and application of aquatic pesticides under varying 
conditions; and (3) applies for a license as a commercial 
aquatic applicator before August 1, 1994. 
    Subd. 4.  [RENEWAL.] (a) A structural or aquatic pest 
control applicator license may be renewed 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 ability to use 
pesticides safely and properly.  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 a person fails to renew a structural or aquatic pest 
control license within three months of its expiration, the 
person must obtain a structural or aquatic pest control license 
subject to the requirements, procedures, and fees required for 
an initial license.  
    Subd. 5.  [FINANCIAL RESPONSIBILITY.] (a) A structural or 
aquatic pest control license may not be issued unless the 
applicant furnishes proof of financial responsibility.  The 
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 applicant's license.  The 
commissioner must immediately suspend the license of a person 
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 secured 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. 
    Subd. 6.  [FEES.] (a) An applicant for a structural pest 
control license or aquatic pest control license for a business 
must pay a nonrefundable application fee of $100.  An employee 
of a licensed business must pay a nonrefundable application fee 
of $50 for an individual structural or aquatic pest control 
license.  
    (b) An application received after expiration of the 
structural pest control license or aquatic pest control license 
is subject to a penalty fee of 50 percent of the application fee.
    (c) An applicant 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. 2.  Minnesota Statutes 1992, section 18B.33, 
subdivision 1, is amended to read: 
    Subdivision 1.  [REQUIREMENT.] (a) A person may not apply a 
pesticide for hire without a commercial applicator license for 
the appropriate use categories except a licensed structural pest 
control applicator or a structural pest control license or 
commercial aquatic pest control license.  
    (b) A person with a commercial applicator license may not 
apply pesticides on or into surface waters without an a 
commercial aquatic category endorsement on a commercial 
applicator pest control license under section 18B.32, except a 
commercial aquatic pest control license is not required for 
licensed commercial applicators applying pesticides for the 
purposes of:  
    (1) pest control on cultivated wild rice; 
    (2) mosquito and black fly control operations; 
    (3) pest control on rights-of-way; 
    (4) aerial pest control operations for emergent vegetation 
control; 
    (5) aerial application of piscicides; and 
    (6) pest control for silvicultural operations. 
    (c) A commercial applicator licensee must have a valid 
license identification card when applying pesticides for hire 
and must display it upon demand by an authorized representative 
of the commissioner or a law enforcement officer.  The 
commissioner shall prescribe the information required on the 
license identification card.  
    Sec. 3.  Minnesota Statutes 1992, section 18B.33, 
subdivision 4, is amended to read: 
    Subd. 4.  [APPLICATION.] (a) A person must apply to the 
commissioner for a commercial applicator license on forms and in 
the manner required by the commissioner.  The commissioner must 
prescribe and administer a closed-book, monitored examination, 
or equivalent measure to determine if the applicant is eligible 
for the commercial applicator license. 
    (b) Aerial applicators must also fulfill applicable 
requirements in chapter 360. 
    (c) An applicant that desires an aquatic category 
endorsement must pass an examination prepared by the 
commissioner of natural resources and administered by the 
department of agriculture. 
    Sec. 4.  Minnesota Statutes 1992, section 18B.34, 
subdivision 1, is amended to read: 
    Subdivision 1.  [REQUIREMENT.] (a) Except for a licensed 
commercial applicator, certified private applicator, a licensed 
aquatic pest control applicator, or licensed structural pest 
control applicator, a person, including a government employee, 
may not use a restricted use pesticide in performance of 
official duties without having a noncommercial applicator 
license for an appropriate use category.  
    (b) A licensed noncommercial applicator may not apply 
pesticides into or on surface waters without an a certified 
aquatic category endorsement on the pest control license, except 
a certified aquatic pest control license is not required for 
licensed noncommercial applicators applying pesticides for the 
purposes of:  
    (1) mosquito and black fly control operations; 
    (2) pest control on rights-of-way; 
    (3) pest control operations for purple loosestrife control; 
    (4) application of piscicides; and 
    (5) pest control for silvicultural operations.  
    (c) A licensee must have a valid license identification 
card when applying pesticides and must display it upon demand by 
an authorized representative of the commissioner or a law 
enforcement officer.  The license identification card must 
contain information required by the commissioner.  
    Sec. 5.  Minnesota Statutes 1992, section 18B.34, 
subdivision 3, is amended to read: 
    Subd. 3.  [APPLICATION.] A person must apply to the 
commissioner for a noncommercial applicator license on forms and 
in the manner required by the commissioner.  The commissioner 
must prescribe and administer a closed-book, monitored 
examination, or equivalent measure to determine if the applicant 
is eligible to acquire a noncommercial applicator license.  An 
applicant desiring to apply pesticides into or on surface waters 
must pass an examination prepared by the department of natural 
resources and administered by the commissioner. 
    Presented to the governor May 15, 1993 
    Signed by the governor May 19, 1993, 8:27 a.m.