Bill Text: MN HF2615 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Pesticide gross sales fee increased, proceeds dedicated to updating pesticide applicator education and certification, and money appropriated.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-29 - Introduction and first reading, referred to Agriculture and Rural Development Policy and Finance [HF2615 Detail]
Download: Minnesota-2011-HF2615-Introduced.html
1.2relating to agriculture; increasing the pesticide gross sales fees; dedicating the
1.3proceeds to updating pesticide applicator education and certification; requiring
1.4reports; appropriating money;amending Minnesota Statutes 2010, sections
1.518B.26, subdivision 3; 18B.305; proposing coding for new law in Minnesota
1.6Statutes, chapter 18B.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. [18B.055] PESTICIDE APPLICATOR EDUCATION AND
1.9CERTIFICATION.
1.10 Subdivision 1. Appropriation; reporting required. Notwithstanding section
1.1118B.05, the amount collected under section 18B.26, subdivision 3, through the temporary
1.120.1 percent surcharge on pesticide gross sales though calendar year 2016 is appropriated
1.13to the commissioner to update pesticide applicator training and certification processes
1.14and materials. The commissioner shall report to the legislative committees with
1.15jurisdiction over agriculture finance no later than January 15 each fiscal year regarding the
1.16commissioner's accomplishments and additional efforts planned through fiscal year 2017.
1.17 Subd. 2. Expiration. This section expires on June 30, 2017.
1.18 Sec. 2. Minnesota Statutes 2010, section 18B.26, subdivision 3, is amended to read:
1.19 Subd. 3. Registration application and gross sales fee. (a) For an agricultural
1.20pesticide, a registrant shall pay an annual registration application fee for each agricultural
1.21pesticide of $350. The fee is due by December 31 preceding the year for which the
1.22application for registration is made. The fee is nonrefundable.
1.23(b) For a nonagricultural pesticide, a registrant shall pay a minimum annual
1.24registration application fee for each nonagricultural pesticide of $350. The fee is due by
2.1December 31 preceding the year for which the application for registration is made. The
2.2fee is nonrefundable. The registrant of a nonagricultural pesticide shall pay, in addition to
2.3the $350 minimum fee, a fee of 0.6 percent for calendar years 2012 through 2016, and
2.40.5 percent thereafter, of annual gross sales of the nonagricultural pesticide in the state
2.5and the annual gross sales of the nonagricultural pesticide sold into the state for use in
2.6this state. The commissioner may not assess a fee under this paragraph if the amount
2.7due based on percent of annual gross sales is less than $10. The registrant shall secure
2.8sufficient sales information of nonagricultural pesticides distributed into this state from
2.9distributors and dealers, regardless of distributor location, to make a determination. Sales
2.10of nonagricultural pesticides in this state and sales of nonagricultural pesticides for
2.11use in this state by out-of-state distributors are not exempt and must be included in the
2.12registrant's annual report, as required under paragraph (g), and fees shall be paid by the
2.13registrant based upon those reported sales. Sales of nonagricultural pesticides in the
2.14state for use outside of the state are exempt from the gross sales fee in this paragraph if
2.15the registrant properly documents the sale location and distributors. A registrant paying
2.16more than the minimum fee shall pay the balance due by March 1 based on the gross
2.17sales of the nonagricultural pesticide by the registrant for the preceding calendar year. A
2.18pesticide determined by the commissioner to be a sanitizer or disinfectant is exempt
2.19from the gross sales fee.
2.20(c) For agricultural pesticides, a licensed agricultural pesticide dealer or licensed
2.21pesticide dealer shall pay a gross sales fee of 0.65 percent for calendar years 2012 through
2.222016, and 0.55 percent thereafter, of annual gross sales of the agricultural pesticide in the
2.23state and the annual gross sales of the agricultural pesticide sold into the state for use in
2.24this state.
2.25(d) In those cases where a registrant first sells an agricultural pesticide in or into the
2.26state to a pesticide end user, the registrant must first obtain an agricultural pesticide dealer
2.27license and is responsible for payment of the annual gross sales fee under paragraph (c),
2.28record keeping under paragraph (i), and all other requirements of section18B.316 .
2.29(e) If the total annual revenue from fees collected in fiscal year 2011, 2012, or
2.302013, by the commissioner on the registration and sale of pesticides, not including the 0.1
2.31percent surcharge dedicated to pesticide applicator education and certification through
2.32fiscal year 2017, is less than $6,600,000, the commissioner, after a public hearing, may
2.33increase proportionally the pesticide sales and product registration fees under this chapter
2.34by the amount necessary to ensure this level of revenue is achieved. The authority under
2.35this section expires on June 30, 2014. The commissioner shall report any fee increases
3.1under this paragraph 60 days before the fee change is effective to the senate and house of
3.2representatives agriculture budget divisions.
3.3 (f) An additional fee of 50 percent of the registration application fee must be paid by
3.4the applicant for each pesticide to be registered if the application is a renewal application
3.5that is submitted after December 31.
3.6 (g) A registrant must annually report to the commissioner the amount, type and
3.7annual gross sales of each registered nonagricultural pesticide sold, offered for sale, or
3.8otherwise distributed in the state. The report shall be filed by March 1 for the previous
3.9year's registration. The commissioner shall specify the form of the report or approve
3.10the method for submittal of the report and may require additional information deemed
3.11necessary to determine the amount and type of nonagricultural pesticide annually
3.12distributed in the state. The information required shall include the brand name, United
3.13States Environmental Protection Agency registration number, and amount of each
3.14nonagricultural pesticide sold, offered for sale, or otherwise distributed in the state, but
3.15the information collected, if made public, shall be reported in a manner which does not
3.16identify a specific brand name in the report.
3.17(h) A licensed agricultural pesticide dealer or licensed pesticide dealer must annually
3.18report to the commissioner the amount, type, and annual gross sales of each registered
3.19agricultural pesticide sold, offered for sale, or otherwise distributed in the state or into the
3.20state for use in the state. The report must be filed by January 31 for the previous year's
3.21sales. The commissioner shall specify the form, contents, and approved electronic method
3.22for submittal of the report and may require additional information deemed necessary to
3.23determine the amount and type of agricultural pesticide annually distributed within the
3.24state or into the state. The information required must include the brand name, United States
3.25Environmental Protection Agency registration number, and amount of each agricultural
3.26pesticide sold, offered for sale, or otherwise distributed in the state or into the state.
3.27(i) A person who registers a pesticide with the commissioner under paragraph (b),
3.28or a registrant under paragraph (d), shall keep accurate records for five years detailing
3.29all distribution or sales transactions into the state or in the state and subject to a fee and
3.30surcharge under this section.
3.31(j) The records are subject to inspection, copying, and audit by the commissioner
3.32and must clearly demonstrate proof of payment of all applicable fees and surcharges
3.33for each registered pesticide product sold for use in this state. A person who is located
3.34outside of this state must maintain and make available records required by this subdivision
3.35in this state or pay all costs incurred by the commissioner in the inspecting, copying, or
3.36auditing of the records.
4.1(k) The commissioner may adopt by rule regulations that require persons subject
4.2to audit under this section to provide information determined by the commissioner to be
4.3necessary to enable the commissioner to perform the audit.
4.4 (l) A registrant who is required to pay more than the minimum fee for any pesticide
4.5under paragraph (b) must pay a late fee penalty of $100 for each pesticide application fee
4.6paid after March 1 in the year for which the license is to be issued.
4.7 Sec. 3. Minnesota Statutes 2010, section 18B.305, is amended to read:
4.818B.305 PESTICIDE EDUCATION AND TRAINING.
4.9 Subdivision 1. Education and training. (a) The commissioner shall develop,
4.10in conjunction with the University of Minnesota Extension Service and the Minnesota
4.11State Colleges and Universities System, innovative educational and training programs
4.12addressing pesticide concerns including:
4.13(1) water quality protection;
4.14(2) endangered species;
4.15(3) pesticide residues in food and water;
4.16(4) worker protection;
4.17(5) chronic toxicity;
4.18(6) integrated pest management and pest resistance;and
4.19(7) pesticide disposal; and
4.20(8) pesticide drift.
4.21(b) The commissioner shall appoint educational planning committees which must
4.22include representatives of industry.
4.23(c) Specific current regulatory concerns must be discussed and, if appropriate,
4.24incorporated into each training session.
4.25(d) The commissioner may approve programs from private industry, higher
4.26education institutions and nonprofit organizations that meet minimum requirements for
4.27education, training, and certification.
4.28 Subd. 2. Training manual and examination development. The commissioner, in
4.29conjunction with the University of Minnesota Extension Service and the Minnesota State
4.30Colleges and Universities System, shall continually revise and update pesticide applicator
4.31training manuals and examinations. The manuals and examinations must be written to
4.32meet or exceed the minimum standards required by the United States Environmental
4.33Protection Agency and pertinent state specific information. Questions in the examinations
4.34must be determined by the responsible agencies. Manuals and examinations must include
5.1pesticide management practices that discuss prevention of pesticide occurrence in
5.2groundwaters groundwater and surface water of the state.
1.3proceeds to updating pesticide applicator education and certification; requiring
1.4reports; appropriating money;amending Minnesota Statutes 2010, sections
1.518B.26, subdivision 3; 18B.305; proposing coding for new law in Minnesota
1.6Statutes, chapter 18B.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. [18B.055] PESTICIDE APPLICATOR EDUCATION AND
1.9CERTIFICATION.
1.10 Subdivision 1. Appropriation; reporting required. Notwithstanding section
1.1118B.05, the amount collected under section 18B.26, subdivision 3, through the temporary
1.120.1 percent surcharge on pesticide gross sales though calendar year 2016 is appropriated
1.13to the commissioner to update pesticide applicator training and certification processes
1.14and materials. The commissioner shall report to the legislative committees with
1.15jurisdiction over agriculture finance no later than January 15 each fiscal year regarding the
1.16commissioner's accomplishments and additional efforts planned through fiscal year 2017.
1.17 Subd. 2. Expiration. This section expires on June 30, 2017.
1.18 Sec. 2. Minnesota Statutes 2010, section 18B.26, subdivision 3, is amended to read:
1.19 Subd. 3. Registration application and gross sales fee. (a) For an agricultural
1.20pesticide, a registrant shall pay an annual registration application fee for each agricultural
1.21pesticide of $350. The fee is due by December 31 preceding the year for which the
1.22application for registration is made. The fee is nonrefundable.
1.23(b) For a nonagricultural pesticide, a registrant shall pay a minimum annual
1.24registration application fee for each nonagricultural pesticide of $350. The fee is due by
2.1December 31 preceding the year for which the application for registration is made. The
2.2fee is nonrefundable. The registrant of a nonagricultural pesticide shall pay, in addition to
2.3the $350 minimum fee, a fee of 0.6 percent for calendar years 2012 through 2016, and
2.40.5 percent thereafter, of annual gross sales of the nonagricultural pesticide in the state
2.5and the annual gross sales of the nonagricultural pesticide sold into the state for use in
2.6this state. The commissioner may not assess a fee under this paragraph if the amount
2.7due based on percent of annual gross sales is less than $10. The registrant shall secure
2.8sufficient sales information of nonagricultural pesticides distributed into this state from
2.9distributors and dealers, regardless of distributor location, to make a determination. Sales
2.10of nonagricultural pesticides in this state and sales of nonagricultural pesticides for
2.11use in this state by out-of-state distributors are not exempt and must be included in the
2.12registrant's annual report, as required under paragraph (g), and fees shall be paid by the
2.13registrant based upon those reported sales. Sales of nonagricultural pesticides in the
2.14state for use outside of the state are exempt from the gross sales fee in this paragraph if
2.15the registrant properly documents the sale location and distributors. A registrant paying
2.16more than the minimum fee shall pay the balance due by March 1 based on the gross
2.17sales of the nonagricultural pesticide by the registrant for the preceding calendar year. A
2.18pesticide determined by the commissioner to be a sanitizer or disinfectant is exempt
2.19from the gross sales fee.
2.20(c) For agricultural pesticides, a licensed agricultural pesticide dealer or licensed
2.21pesticide dealer shall pay a gross sales fee of 0.65 percent for calendar years 2012 through
2.222016, and 0.55 percent thereafter, of annual gross sales of the agricultural pesticide in the
2.23state and the annual gross sales of the agricultural pesticide sold into the state for use in
2.24this state.
2.25(d) In those cases where a registrant first sells an agricultural pesticide in or into the
2.26state to a pesticide end user, the registrant must first obtain an agricultural pesticide dealer
2.27license and is responsible for payment of the annual gross sales fee under paragraph (c),
2.28record keeping under paragraph (i), and all other requirements of section
2.29(e) If the total annual revenue from fees collected in fiscal year 2011, 2012, or
2.302013, by the commissioner on the registration and sale of pesticides, not including the 0.1
2.31percent surcharge dedicated to pesticide applicator education and certification through
2.32fiscal year 2017, is less than $6,600,000, the commissioner, after a public hearing, may
2.33increase proportionally the pesticide sales and product registration fees under this chapter
2.34by the amount necessary to ensure this level of revenue is achieved. The authority under
2.35this section expires on June 30, 2014. The commissioner shall report any fee increases
3.1under this paragraph 60 days before the fee change is effective to the senate and house of
3.2representatives agriculture budget divisions.
3.3 (f) An additional fee of 50 percent of the registration application fee must be paid by
3.4the applicant for each pesticide to be registered if the application is a renewal application
3.5that is submitted after December 31.
3.6 (g) A registrant must annually report to the commissioner the amount, type and
3.7annual gross sales of each registered nonagricultural pesticide sold, offered for sale, or
3.8otherwise distributed in the state. The report shall be filed by March 1 for the previous
3.9year's registration. The commissioner shall specify the form of the report or approve
3.10the method for submittal of the report and may require additional information deemed
3.11necessary to determine the amount and type of nonagricultural pesticide annually
3.12distributed in the state. The information required shall include the brand name, United
3.13States Environmental Protection Agency registration number, and amount of each
3.14nonagricultural pesticide sold, offered for sale, or otherwise distributed in the state, but
3.15the information collected, if made public, shall be reported in a manner which does not
3.16identify a specific brand name in the report.
3.17(h) A licensed agricultural pesticide dealer or licensed pesticide dealer must annually
3.18report to the commissioner the amount, type, and annual gross sales of each registered
3.19agricultural pesticide sold, offered for sale, or otherwise distributed in the state or into the
3.20state for use in the state. The report must be filed by January 31 for the previous year's
3.21sales. The commissioner shall specify the form, contents, and approved electronic method
3.22for submittal of the report and may require additional information deemed necessary to
3.23determine the amount and type of agricultural pesticide annually distributed within the
3.24state or into the state. The information required must include the brand name, United States
3.25Environmental Protection Agency registration number, and amount of each agricultural
3.26pesticide sold, offered for sale, or otherwise distributed in the state or into the state.
3.27(i) A person who registers a pesticide with the commissioner under paragraph (b),
3.28or a registrant under paragraph (d), shall keep accurate records for five years detailing
3.29all distribution or sales transactions into the state or in the state and subject to a fee and
3.30surcharge under this section.
3.31(j) The records are subject to inspection, copying, and audit by the commissioner
3.32and must clearly demonstrate proof of payment of all applicable fees and surcharges
3.33for each registered pesticide product sold for use in this state. A person who is located
3.34outside of this state must maintain and make available records required by this subdivision
3.35in this state or pay all costs incurred by the commissioner in the inspecting, copying, or
3.36auditing of the records.
4.1(k) The commissioner may adopt by rule regulations that require persons subject
4.2to audit under this section to provide information determined by the commissioner to be
4.3necessary to enable the commissioner to perform the audit.
4.4 (l) A registrant who is required to pay more than the minimum fee for any pesticide
4.5under paragraph (b) must pay a late fee penalty of $100 for each pesticide application fee
4.6paid after March 1 in the year for which the license is to be issued.
4.7 Sec. 3. Minnesota Statutes 2010, section 18B.305, is amended to read:
4.818B.305 PESTICIDE EDUCATION AND TRAINING.
4.9 Subdivision 1. Education and training. (a) The commissioner shall develop,
4.10in conjunction with the University of Minnesota Extension Service and the Minnesota
4.11State Colleges and Universities System, innovative educational and training programs
4.12addressing pesticide concerns including:
4.13(1) water quality protection;
4.14(2) endangered species;
4.15(3) pesticide residues in food and water;
4.16(4) worker protection;
4.17(5) chronic toxicity;
4.18(6) integrated pest management and pest resistance;
4.19(7) pesticide disposal; and
4.20(8) pesticide drift.
4.21(b) The commissioner shall appoint educational planning committees which must
4.22include representatives of industry.
4.23(c) Specific current regulatory concerns must be discussed and, if appropriate,
4.24incorporated into each training session.
4.25(d) The commissioner may approve programs from private industry, higher
4.26education institutions and nonprofit organizations that meet minimum requirements for
4.27education, training, and certification.
4.28 Subd. 2. Training manual and examination development. The commissioner, in
4.29conjunction with the University of Minnesota Extension Service and the Minnesota State
4.30Colleges and Universities System, shall continually revise and update pesticide applicator
4.31training manuals and examinations. The manuals and examinations must be written to
4.32meet or exceed the minimum standards required by the United States Environmental
4.33Protection Agency and pertinent state specific information. Questions in the examinations
4.34must be determined by the responsible agencies. Manuals and examinations must include
5.1pesticide management practices that discuss prevention of pesticide occurrence in
5.2
