SENATE BILL NO. 869

April 24, 2020, Introduced by Senator SCHMIDT and referred to the Committee on Government Operations.

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 8312 and 8317 (MCL 324.8312 and 324.8317), as amended by 2015 PA 118.

the people of the state of michigan enact:

Sec. 8312. (1) To become a certified applicator, an applicant must satisfactorily complete the certification requirements prescribed by the director and categorized according to the various types of pesticide applications prescribed by rule and consistent with the regulations of the EPA.

(2) The application for a certified applicator certificate shall contain information considered to be pertinent by the director.

(3) A certified applicator applicant shall pay the appropriate fee as provided in under section 8317.

(4) The director shall issue a certificate to applicants an applicant that successfully comply complies with all certification requirements under this part.

(5) The director may restrict an applicant to use only a certain type of equipment or pesticide upon finding that the applicant is only qualified to use that type of equipment or pesticide.

(6) The director may refuse to issue or renew a certificate if an under any of the following circumstances:

(a) The applicant demonstrates an insufficient knowledge of any item called for in the application. or

(b) The applicant has unsatisfied judgments under this part or rules promulgated under this part against him or her. or if the

(c) The equipment to be used by the applicant is unsafe or inadequate to properly apply pesticides.

(7) The director may at any time deny, revoke, or suspend a private agricultural applicator certificate or a commercial applicator certificate for a violation of this part or upon conviction under section 14 of FIFRA, 7 USC 136l, or upon conviction under a state pesticide law of a reciprocating state in accordance with section 8320.

(8) The director shall inform an applicant who is denied an applicator certificate of the reasons why the certificate was denied.

(9) A person shall display his or her certificate upon the request of the director.

Sec. 8317. (1) An application submitted under this part shall be accompanied by the following application fee:

(a) For a commercial applicator certification, $75.00.

(b) For a private agricultural applicator certification, $50.00.

(c) For a commercial registered applicator, $45.00.

(d) For a private registered applicator, $50.00.

(2) Certificates for commercial applicators, private agricultural applicators, and registered applicators are valid for a period of not less than 3 years to be established by rule by the director. However, all 3-year certificates for commercial applicators, private applicators, and registered applicators issued under this part that were to expire on December 31, 2019, are unexpired and remain unexpired until June 30, 2020.

(3) The license application fee for a commercial applicator license is $100.00. The license expires annually on December 31.

(4) The registration application fee for the registration of pesticides sold, offered for sale, exposed for sale, or distributed is $100.00 per product. However, if the pesticide registration fee is received by the department after June 30, the registrant shall pay an additional late fee of $100.00 for each pesticide.

(5) The license application fee for a restricted use pesticide dealer's license is $100.00. The license expires annually on December 31.

(6) The license application fee for an agricultural pesticide dealer's license is $100.00. The license expires annually on December 31.

(7) Application fees submitted under this section are not refundable.

(8) Notwithstanding any other provision of subsection (1)(b) and (d), the The department shall waive any fee otherwise required under subsection (1)(b) and (d) if the individual responsible for paying the fee is, and provides proof satisfactory to the department that he or she is, an honorably discharged veteran of the armed forces Armed Forces of the United States.

(9) The department shall deposit application, license, registration, and administrative fees; and administrative , and civil , and noncriminal fines received, as well as any payment fines; and payments for costs or reimbursement to the department for investigation , received under this part in the agriculture licensing and inspection fees fund created in section 9 of the insect pest and plant disease act, 1931 PA 189, MCL 286.209. , to be used, pursuant to appropriation, Subject to appropriations, revenue deposited under this subsection shall be used by the director in administering and carrying out those duties required by law under this part.