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State of South Dakota
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NINETY-FOURTH SESSION LEGISLATIVE ASSEMBLY, 2019 |
| 930B0501 | SENATE BILL NO. 147 |
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Introduced by: Senators Rusch, Foster, Kennedy, Nelson, Novstrup, Otten (Ernie), Soholt,
Solano, Stalzer, Steinhauer, and White and Representatives Rasmussen,
Barthel, Bordeaux, Brunner, Duba, Frye-Mueller, Glanzer, Greenfield (Lana),
Johnson (Chris), Latterell, Peterson (Sue), Randolph, Ring, Saba, Smith
(Jamie), Steele, Sullivan, Weis, Wiese, and Zikmund
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FOR AN ACT ENTITLED, An Act to provide certain provisions regarding commercial
pesticide applicators.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 38-21-17 be amended to read:
38-21-17. No person may engage in the business of applying pesticides to the lands of another, by air or ground method, advertise as being in the business of applying pesticides to thelands of another at any time, land of another by air or ground method, apply pesticides while in
the performance of duties as a governmental employee or otherwise act as a commercial
applicator without an applicator's license issued by the secretary of agriculture, unless exempted
under the provisions of this chapter. The secretary shall require a fee of twenty-five dollars for
each applicator license issued. The secretary of agriculture shall issue an applicator license to
government employees without a license fee. The fee exempt license is valid only when the
applicator is applying pesticides in the course of employment for the governmental entity. Any
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 38-21-17 be amended to read:
38-21-17. No person may engage in the business of applying pesticides to the lands of another, by air or ground method, advertise as being in the business of applying pesticides to the
person who violates this section is subject to a civil penalty not to exceed five thousand dollars
per violation.
Section 2. That chapter 38-21 be amended by adding a NEW SECTION to read:
The secretary may not issue an commercial applicator's license unless the applicant has
furnished evidence of financial responsibility with the secretary consisting either of a surety
bond or a liability insurance policy. The surety bond shall be in a minimum amount of three
hundred thousand dollars, or the liability insurance shall be in a minimum amount of one
hundred thousand dollars.
Section 3. That chapter 38-21 be amended by adding a NEW SECTION to read:
Section 3. That chapter 38-21 be amended by adding a NEW SECTION to read:
If a licensed applicator fails to maintain evidence of financial responsibility pursuant to the
provisions of section 2 of this Act, the secretary shall cancel the applicator's license. The
applicant may not engage in the business of applying pesticides until the applicator complies
with section 2 of this Act and the applicator is reinstated by the secretary.
