1.1                          A bill for an act 
  1.2             relating to agriculture; providing for issuance of 
  1.3             aquatic pest control licenses; amending Minnesota 
  1.4             Statutes 1994, sections 18B.32; 18B.33, subdivision 1; 
  1.5             and 18B.34, subdivision 1; proposing coding for new 
  1.6             law in Minnesota Statutes, chapter 18B. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [18B.315] [AQUATIC PEST CONTROL LICENSE.] 
  1.9      Subdivision 1.  [REQUIREMENT.] (a) A person may not engage 
  1.10  in aquatic pest control applications: 
  1.11     (1) for hire without an aquatic pest control license; and 
  1.12     (2) as a sole proprietorship, company, partnership, or 
  1.13  corporation unless the person is or employs a licensed master in 
  1.14  aquatic pest control operations. 
  1.15     (b) An aquatic pest control licensee must have a valid 
  1.16  license identification card when applying pesticides for hire 
  1.17  and must display it upon demand by an authorized representative 
  1.18  of the commissioner or law enforcement officer.  The license 
  1.19  identification card must contain information required by the 
  1.20  commissioner. 
  1.21     Subd. 2.  [LICENSES.] (a) An aquatic pest control license: 
  1.22     (1) expires on December 31 of the year for which the 
  1.23  license is issued; and 
  1.24     (2) is not transferable. 
  1.25     (b) The commissioner shall establish categories of master 
  1.26  and journeyman for a person to be licensed under an aquatic pest 
  2.1   control license. 
  2.2      Subd. 3.  [APPLICATION.] (a) A person must apply to the 
  2.3   commissioner for an aquatic pest control license on forms and in 
  2.4   a manner required by the commissioner.  The commissioner shall 
  2.5   require the applicant to pass a written, closed-book, monitored 
  2.6   examination or oral examination, or both, and may also require a 
  2.7   practical demonstration regarding aquatic pest control.  The 
  2.8   commissioner shall establish the examination procedure, 
  2.9   including the phases and contents of the examination. 
  2.10     (b) The commissioner may license a person as a master under 
  2.11  an aquatic pest control license if the person has the necessary 
  2.12  qualifications through knowledge and experience to properly 
  2.13  plan, determine, and supervise the selection and application of 
  2.14  pesticides in aquatic pest control.  To demonstrate the 
  2.15  qualifications and become licensed as a master under the aquatic 
  2.16  pest control license, a person must: 
  2.17     (1) pass a closed-book test administered by the 
  2.18  commissioner; 
  2.19     (2) have direct experience as a licensed journeyman under 
  2.20  an aquatic pest control license for at least two years by this 
  2.21  state or a state with equivalent certification requirements, or 
  2.22  have at least 1,600 hours of qualifying experience in the 
  2.23  previous four years as determined by the commissioner; and 
  2.24     (3) show practical knowledge and field experience under 
  2.25  clause (2) in the actual selection and application of pesticides 
  2.26  under varying conditions. 
  2.27     (c) The commissioner may license a person as a journeyman 
  2.28  under an aquatic pest control license if the person: 
  2.29     (1) has the necessary qualifications in the practical 
  2.30  selection and application of pesticides; 
  2.31     (2) has passed a closed-book examination given by the 
  2.32  commissioner; and 
  2.33     (3) is engaged as an employee of or is working under the 
  2.34  direction of a person licensed as a master under an aquatic pest 
  2.35  control license. 
  2.36     Subd. 4.  [RENEWAL.] (a) An aquatic pest control applicator 
  3.1   license may be renewed on or before the expiration of an 
  3.2   existing license subject to reexamination, attendance at 
  3.3   workshops approved by the commissioner, or other requirements 
  3.4   imposed by the commissioner to provide the applicator with 
  3.5   information regarding changing technology and to help assure a 
  3.6   continuing level of competency and ability to use pesticides 
  3.7   safely and properly.  The commissioner may require an additional 
  3.8   demonstration of applicator qualification if the applicator has 
  3.9   had a license suspended or revoked or has otherwise had a 
  3.10  history of violations of this chapter. 
  3.11     (b) If a person fails to renew an aquatic pest control 
  3.12  license within three months of its expiration, the person must 
  3.13  obtain an aquatic pest control license subject to the 
  3.14  requirements, procedures, and fees required for an initial 
  3.15  license. 
  3.16     Subd. 5.  [FINANCIAL RESPONSIBILITY.] (a) An aquatic pest 
  3.17  control license may not be issued unless the applicant furnishes 
  3.18  proof of financial responsibility.  The financial responsibility 
  3.19  may be demonstrated by: 
  3.20     (1) proof of net assets equal to or greater than $50,000; 
  3.21  or 
  3.22     (2) a performance bond or insurance of a kind and in an 
  3.23  amount determined by the commissioner. 
  3.24     (b) The bond or insurance must cover a period of time at 
  3.25  least equal to the term of the applicant's license.  The 
  3.26  commissioner must immediately suspend the license of a person 
  3.27  who fails to maintain the required bond or insurance.  The 
  3.28  performance bond or insurance policy must contain a provision 
  3.29  requiring the insurance or bonding company to notify the 
  3.30  commissioner by ten days before the effective date of 
  3.31  cancellation, termination, or any other change of the bond or 
  3.32  insurance.  If there is recovery against the bond or insurance, 
  3.33  additional coverage must be secured to maintain financial 
  3.34  responsibility equal to the original amount required. 
  3.35     (c) An employee of a licensed person is not required to 
  3.36  maintain an insurance policy or bond during the time the 
  4.1   employer is maintaining the required insurance or bond. 
  4.2      (d) Applications for reinstatement of a license suspended 
  4.3   under the provisions of this section must be accompanied by 
  4.4   proof of satisfaction of judgments previously rendered. 
  4.5      Subd. 6.  [FEES.] (a) An applicant for an aquatic pest 
  4.6   control license for a business must pay a nonrefundable 
  4.7   application fee of $100.  An employee of a licensed business 
  4.8   must pay a nonrefundable application fee of $50 for an 
  4.9   individual aquatic pest control license. 
  4.10     (b) An application received after expiration of the aquatic 
  4.11  pest control license is subject to a penalty fee of 50 percent 
  4.12  of the application fee. 
  4.13     (c) An applicant that meets renewal requirements by 
  4.14  reexamination instead of attending workshops must pay the 
  4.15  equivalent workshop fee for the reexamination as determined by 
  4.16  the commissioner. 
  4.17     Sec. 2.  Minnesota Statutes 1994, section 18B.32, is 
  4.18  amended to read: 
  4.19     18B.32 [STRUCTURAL ~~OR AQUATIC~~ PEST CONTROL LICENSE.] 
  4.20     Subdivision 1.  [REQUIREMENT.] (a) A person may not engage 
  4.21  in structural ~~or aquatic~~ pest control applications: 
  4.22     (1) for hire without a structural pest control license ~~or,~~ 
  4.23  ~~for an aquatic pest control application, an aquatic pest control~~ 
  4.24  ~~license~~; and 
  4.25     (2) as a sole proprietorship, company, partnership, or 
  4.26  corporation unless the person is or employs a licensed master in 
  4.27  structural pest control operations ~~or, for an aquatic pest~~ 
  4.28  ~~control application, a commercial aquatic applicator~~. 
  4.29     (b) A structural ~~or aquatic~~ pest control licensee must have 
  4.30  a valid license identification card when applying pesticides for 
  4.31  hire and must display it upon demand by an authorized 
  4.32  representative of the commissioner or a law enforcement 
  4.33  officer.  The license identification card must contain 
  4.34  information required by the commissioner.  
  4.35     (c) Notwithstanding the licensing requirements of this 
  4.36  subdivision, a person may control the following nuisance or 
  5.1   economically damaging wild animals, by trapping, without a 
  5.2   structural pest control license:  
  5.3      (1) fur-bearing animals, as defined in section 97A.015, 
  5.4   with a valid trapping license or special permit from the 
  5.5   commissioner of natural resources; and 
  5.6      (2) skunks, woodchucks, gophers, porcupines, coyotes, 
  5.7   moles, and weasels. 
  5.8      Subd. 2.  [LICENSES.] (a) A structural ~~or aquatic~~ pest 
  5.9   control license: 
  5.10     (1) expires on December 31 of the year for which the 
  5.11  license is issued; 
  5.12     (2) is not transferable; and 
  5.13     (3) must be prominently displayed to the public in the 
  5.14  structural ~~or aquatic~~ pest controller's place of business.  
  5.15     (b) The commissioner shall establish categories of master, 
  5.16  journeyman, and fumigator for a person to be licensed under a 
  5.17  structural pest control license ~~and, for an aquatic pest control~~ 
  5.18  ~~license, the categories of commercial aquatic applicator and~~ 
  5.19  ~~certified aquatic applicator~~. 
  5.20     Subd. 3.  [APPLICATION.] (a) A person must apply to the 
  5.21  commissioner for a structural ~~or aquatic~~ pest control license on 
  5.22  forms and in the manner required by the commissioner.  The 
  5.23  commissioner shall require the applicant to pass a written, 
  5.24  closed-book, monitored examination or oral examination, or both, 
  5.25  and may also require a practical demonstration regarding 
  5.26  structural ~~or aquatic~~ pest control.  The commissioner shall 
  5.27  establish the examination procedure, including the phases and 
  5.28  contents of the examination.  
  5.29     (b) The commissioner may license a person as a master under 
  5.30  a structural pest control license ~~or, for aquatic pest control~~ 
  5.31  ~~applications, as a commercial aquatic applicator~~ if the person 
  5.32  has the necessary qualifications through knowledge and 
  5.33  experience to properly plan, determine, and supervise the 
  5.34  selection and application of pesticides in structural ~~or aquatic~~ 
  5.35  pest control.  To demonstrate the qualifications and become 
  5.36  licensed as a master under a structural pest control license ~~or,~~ 
  6.1   ~~for aquatic pest control applications, as a commercial aquatic~~ 
  6.2   ~~applicator~~, a person must:  
  6.3      (1) pass a closed-book ~~testing~~ test administered by the 
  6.4   commissioner; 
  6.5      (2) have direct experience as a licensed journeyman under a 
  6.6   structural pest control license ~~or, for aquatic pest control~~ 
  6.7   ~~applications, by direct experience as a certified aquatic~~ 
  6.8   ~~applicator under a commercial aquatic applicator~~ for at least 
  6.9   two years by this state or a state with equivalent certification 
  6.10  requirements or as a full-time licensed master in another state 
  6.11  with equivalent certification requirements ~~or, for aquatic pest~~ 
  6.12  ~~control applications, have at least 1,600 hours of qualifying~~ 
  6.13  ~~experience in the previous four years as determined by the~~ 
  6.14  ~~commissioner~~; and 
  6.15     (3) show practical knowledge and field experience under 
  6.16  clause (2) in the actual selection and application of pesticides 
  6.17  under varying conditions.  
  6.18     (c) The commissioner may license a person as a journeyman 
  6.19  under a structural pest control license ~~or, for aquatic pest~~ 
  6.20  ~~control applications, as a certified aquatic applicator~~ if the 
  6.21  person:  
  6.22     (1) has the necessary qualifications in the practical 
  6.23  selection and application of pesticides; 
  6.24     (2) has passed a closed-book examination given by the 
  6.25  commissioner; and 
  6.26     (3) is engaged as an employee of or is working under the 
  6.27  direction of a person licensed as a master under a structural 
  6.28  pest control license ~~or, for aquatic pest control applications,~~ 
  6.29  ~~under a commercial aquatic applicator~~.  
  6.30     (d) The commissioner may license a person as a fumigator 
  6.31  under a structural pest control license if the person:  
  6.32     (1) has knowledge of the practical selection and 
  6.33  application of fumigants; 
  6.34     (2) has passed a closed-book examination given by the 
  6.35  commissioner; and 
  6.36     (3) is licensed by the commissioner as a master or 
  7.1   journeyman under a structural pest control license.  
  7.2      ~~(e) The licensing requirements of paragraph (b) for~~ 
  7.3   ~~commercial aquatic applicators are satisfied if a person:~~ 
  7.4      ~~(1) has at least two years direct experience with an~~ 
  7.5   ~~aquatic category endorsement on a commercial applicator license;~~ 
  7.6      ~~(2) can show practical knowledge and field experience in~~ 
  7.7   ~~the actual selection and application of aquatic pesticides under~~ 
  7.8   ~~varying conditions; and~~ 
  7.9      ~~(3) applies for a license as a commercial aquatic~~ 
  7.10  ~~applicator before August 1, 1994.~~ 
  7.11     Subd. 4.  [RENEWAL.] (a) A structural ~~or aquatic~~ pest 
  7.12  control applicator license may be renewed on or before the 
  7.13  expiration of an existing license subject to reexamination, 
  7.14  attendance at workshops approved by the commissioner, or other 
  7.15  requirements imposed by the commissioner to provide the 
  7.16  applicator with information regarding changing technology and to 
  7.17  help assure a continuing level of competency and ability to use 
  7.18  pesticides safely and properly.  The commissioner may require an 
  7.19  additional demonstration of applicator qualification if the 
  7.20  applicator has had a license suspended or revoked or has 
  7.21  otherwise had a history of violations of this chapter. 
  7.22     (b) If a person fails to renew a structural ~~or aquatic~~ pest 
  7.23  control license within three months of its expiration, the 
  7.24  person must obtain a structural ~~or aquatic~~ pest control license 
  7.25  subject to the requirements, procedures, and fees required for 
  7.26  an initial license.  
  7.27     Subd. 5.  [FINANCIAL RESPONSIBILITY.] (a) A structural ~~or~~ 
  7.28  ~~aquatic~~ pest control license may not be issued unless the 
  7.29  applicant furnishes proof of financial responsibility.  The 
  7.30  financial responsibility may be demonstrated by: 
  7.31     (1) proof of net assets equal to or greater than $50,000; 
  7.32  or 
  7.33     (2) a performance bond or insurance of a kind and in an 
  7.34  amount determined by the commissioner.  
  7.35     (b) The bond or insurance must cover a period of time at 
  7.36  least equal to the term of the applicant's license.  The 
  8.1   commissioner must immediately suspend the license of a person 
  8.2   who fails to maintain the required bond or insurance.  The 
  8.3   performance bond or insurance policy must contain a provision 
  8.4   requiring the insurance or bonding company to notify the 
  8.5   commissioner by ten days before the effective date of 
  8.6   cancellation, termination, or any other change of the bond or 
  8.7   insurance.  If there is recovery against the bond or insurance, 
  8.8   additional coverage must be secured to maintain financial 
  8.9   responsibility equal to the original amount required. 
  8.10     (c) An employee of a licensed person is not required to 
  8.11  maintain an insurance policy or bond during the time the 
  8.12  employer is maintaining the required insurance or bond. 
  8.13     (d)  Applications for reinstatement of a license suspended 
  8.14  under the provisions of this section must be accompanied by 
  8.15  proof of satisfaction of judgments previously rendered. 
  8.16     Subd. 6.  [FEES.] (a) An applicant for a structural pest 
  8.17  control license ~~or aquatic pest control license~~ for a business 
  8.18  must pay a nonrefundable application fee of $100.  An employee 
  8.19  of a licensed business must pay a nonrefundable application fee 
  8.20  of $50 for an individual structural ~~or aquatic~~ pest control 
  8.21  license.  
  8.22     (b) An application received after expiration of the 
  8.23  structural pest control license ~~or aquatic pest control license~~ 
  8.24  is subject to a penalty fee of 50 percent of the application fee.
  8.25     (c) An applicant that meets renewal requirements by 
  8.26  reexamination instead of attending workshops must pay the 
  8.27  equivalent workshop fee for the reexamination as determined by 
  8.28  the commissioner. 
  8.29     Sec. 3.  Minnesota Statutes 1994, section 18B.33, 
  8.30  subdivision 1, is amended to read: 
  8.31     Subdivision 1.  [REQUIREMENT.] (a) A person may not apply a 
  8.32  pesticide for hire without a commercial applicator license for 
  8.33  the appropriate use categories or a structural pest control 
  8.34  license or ~~commercial~~ aquatic pest control license.  
  8.35     (b) A person with a commercial applicator license may not 
  8.36  apply pesticides on or into surface waters without a commercial 
  9.1   aquatic pest control license under section 18B.32, except ~~a~~ 
  9.2   ~~commercial~~ an aquatic pest control license is not required for 
  9.3   licensed commercial applicators applying pesticides for the 
  9.4   purposes of:  
  9.5      (1) pest control on cultivated wild rice; 
  9.6      (2) mosquito and black fly control operations; 
  9.7      (3) pest control on rights-of-way; 
  9.8      (4) aerial pest control operations for emergent vegetation 
  9.9   control; 
  9.10     (5) aerial application of piscicides; and 
  9.11     (6) pest control for silvicultural operations. 
  9.12     (c) A commercial applicator licensee must have a valid 
  9.13  license identification card when applying pesticides for hire 
  9.14  and must display it upon demand by an authorized representative 
  9.15  of the commissioner or a law enforcement officer.  The 
  9.16  commissioner shall prescribe the information required on the 
  9.17  license identification card.  
  9.18     Sec. 4.  Minnesota Statutes 1994, section 18B.34, 
  9.19  subdivision 1, is amended to read: 
  9.20     Subdivision 1.  [REQUIREMENT.] (a) Except for a licensed 
  9.21  commercial applicator, certified private applicator, a licensed 
  9.22  aquatic pest control applicator, or licensed structural pest 
  9.23  control applicator, a person, including a government employee, 
  9.24  may not use a restricted use pesticide in performance of 
  9.25  official duties without having a noncommercial applicator 
  9.26  license for an appropriate use category.  
  9.27     (b) A licensed noncommercial applicator may not apply 
  9.28  pesticides into or on surface waters without ~~a certified~~ an 
  9.29  aquatic pest control license, except ~~a certified~~ an aquatic pest 
  9.30  control license is not required for licensed noncommercial 
  9.31  applicators applying pesticides for the purposes of:  
  9.32     (1) mosquito and black fly control operations; 
  9.33     (2) pest control on rights-of-way; 
  9.34     (3) pest control operations for purple loosestrife control; 
  9.35     (4) application of piscicides; and 
  9.36     (5) pest control for silvicultural operations.  
 10.1      (c) A licensee must have a valid license identification 
 10.2   card when applying pesticides and must display it upon demand by 
 10.3   an authorized representative of the commissioner or a law 
 10.4   enforcement officer.  The license identification card must 
 10.5   contain information required by the commissioner.