Bill Text: MI HB5730 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Occupations; individual licensing and registration; pesticide applicator licensing; extend during a declared emergency. Amends secs. 8312 & 8317 of 1994 PA 451 (MCL 324.8312 & 324.8317).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-04-28 - Bill Electronically Reproduced 04/30/2020 [HB5730 Detail]
Download: Michigan-2019-HB5730-Introduced.html
HOUSE BILL NO. 5730
April 24, 2020, Introduced by Rep. Iden 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.
