Bill Text: MN SF2727 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Bee deaths caused by pesticide poisoning compensation authorization; pollinator emergency response team establishment and appropriation
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-03-27 - Comm report: To pass as amended and re-refer to Finance [SF2727 Detail]
Download: Minnesota-2013-SF2727-Engrossed.html
1.2relating to pesticides; providing compensation for bee deaths caused by pesticide
1.3poisoning under certain circumstances; authorizing a pollinator emergency
1.4response team; establishing pollinator bank; requiring a report; appropriating
1.5money;amending Minnesota Statutes 2012, sections 18B.01, by adding
1.6subdivisions; 18B.03, by adding a subdivision; 18B.04; 85A.02, subdivision 2;
1.7proposing coding for new law in Minnesota Statutes, chapter 18B.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 18B.01, is amended by adding a
1.10subdivision to read:
1.11 Subd. 1c. Apiary. "Apiary" means a place where a collection of one or more hives
1.12or colonies of bees or the nuclei of bees are kept.
1.13 Sec. 2. Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
1.14to read:
1.15 Subd. 2a. Bee. "Bee" means any stage of the common honeybee, Apis mellifera (L).
1.16 Sec. 3. Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
1.17to read:
1.18 Subd. 2b. Bee owner. "Bee owner" means a person who owns an apiary.
1.19 Sec. 4. Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
1.20to read:
1.21 Subd. 4c. Colony. "Colony" means the aggregate of worker bees, drones, the queen,
1.22and developing young bees living together as a family unit in a hive or other dwelling.
2.1 Sec. 5. Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
2.2to read:
2.3 Subd. 11a. Hive. "Hive" means a frame hive, box hive, box, barrel, log gum, skep,
2.4or any other receptacle or container, natural or artificial, or any part of one, which is
2.5used as domicile for bees.
2.6 Sec. 6. Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
2.7to read:
2.8 Subd. 20a. Pollinator. "Pollinator" means an insect that pollinates flowers.
2.9 Sec. 7. Minnesota Statutes 2012, section 18B.03, is amended by adding a subdivision
2.10to read:
2.11 Subd. 4. Pollinators. The commissioner may take enforcement action under
2.12chapter 18D for a violation of this chapter, or any rule adopted under this chapter,
2.13that results in harm to pollinators, including but not limited to applying a product in
2.14a manner inconsistent with the product's label or labeling and resulting in pollinator
2.15death or willfully applying pesticide in a manner inconsistent with the product label or
2.16labeling. The commissioner must deposit any penalty collected under this subdivision in
2.17the pesticide regulatory account in section 18B.05.
2.18 Sec. 8. Minnesota Statutes 2012, section 18B.04, is amended to read:
2.1918B.04 PESTICIDE IMPACT ON ENVIRONMENT.
2.20(a) The commissioner shall:
2.21(1) determine the impact of pesticides on the environment, including the impacts on
2.22surface water and groundwater in this state;
2.23(2) develop best management practices involving pesticide distribution, storage,
2.24handling, use, and disposal; and
2.25(3) cooperate with and assist other state agencies and local governments to protect
2.26public health, pollinators, and the environment from harmful exposure to pesticides.
2.27(b) The commissioner may assemble a pollinator emergency response team of
2.28experts under section 16C.10, subdivision 2, to consult in the investigation of pollinator
2.29deaths or illnesses. The pollinator emergency response team may include representatives
2.30from local, state, and federal agencies; academia, including the University of Minnesota;
2.31or other professionals as deemed necessary by the commissioner.
3.1 Sec. 9. [18B.055] COMPENSATION FOR BEES KILLED BY PESTICIDE;
3.2APPROPRIATION.
3.3 Subdivision 1. Compensation required. (a) The commissioner of agriculture must
3.4compensate a person for an acute pesticide poisoning resulting in the death of bees or loss
3.5of bee colonies owned by the person, provided:
3.6(1) the person who applied the pesticide cannot be determined;
3.7(2) the person who applied the pesticide did so in a manner consistent with the
3.8pesticide product's label or labeling; or
3.9(3) the person who applied the pesticide did so in a manner inconsistent with the
3.10pesticide product's label or labeling.
3.11(b) Except as provided in this section, the bee owner is entitled to the fair market
3.12value of the dead bees and bee colonies losses as determined by the commissioner upon
3.13recommendation by academic experts and bee keepers. In any fiscal year, a bee owner
3.14must not be compensated for a claim that is less than $100 or compensated more than
3.15$20,000 for all eligible claims.
3.16(c) To be eligible for compensation under this section, the bee owner must be
3.17registered with a commonly utilized pesticide registry program, as designated by the
3.18commissioner of agriculture.
3.19 Subd. 2. Applicator responsible. In the event a person applies a pesticide in a
3.20manner inconsistent with the pesticide product's label or labeling requirements as approved
3.21by the commissioner and is determined to have caused the acute pesticide poisoning of bees,
3.22resulting in death or loss of a bee colony kept for commercial purposes, then the person so
3.23identified must bear the responsibility of restitution for the value of the bees to the owner.
3.24In these cases the commissioner must not provide compensation as provided in this section.
3.25 Subd. 3. Claim form. The bee owner must file a claim on forms provided by the
3.26commissioner and available on the Department of Agriculture's Web site.
3.27 Subd. 4. Determination. The commissioner must determine whether the death of
3.28the bees or loss of bee colonies was caused by an acute pesticide poisoning, whether the
3.29pesticide applicator can be determined, and whether the pesticide applicator applied the
3.30pesticide product in a manner consistent with the pesticide product's label or labeling.
3.31 Subd. 5. Payments; denial of compensation. (a) If the commissioner determines
3.32the bee death or loss of bee colony was caused by an acute pesticide poisoning and
3.33either the pesticide applicator cannot be determined or the pesticide applicator applied
3.34the pesticide product in a manner consistent with the pesticide product's label or labeling,
3.35the commissioner may award compensation from the pesticide regulatory account. If the
3.36pesticide applicator can be determined and the applicator applied the pesticide product
4.1in a manner inconsistent with the product's label or labeling, the commissioner may
4.2collect a penalty from the pesticide applicator sufficient to compensate the bee owner
4.3for the fair market value of the dead bees and bee colonies losses, and must award the
4.4money to the bee owner.
4.5(b) If the commissioner denies compensation claimed by a bee owner under this
4.6section, the commissioner must issue a written decision based upon the available evidence.
4.7The decision must include specification of the facts upon which the decision is based and
4.8the conclusions on the material issues of the claim. The commissioner must mail a copy
4.9of the decision to the bee owner.
4.10(c) A decision to deny compensation claimed under this section is not subject to the
4.11contested case review procedures of chapter 14, but may be reviewed upon a trial de
4.12novo in a court in the county where the loss occurred. The decision of the court may be
4.13appealed as in other civil cases. Review in court may be obtained by filing a petition for
4.14review with the administrator of the court within 60 days following receipt of a decision
4.15under this section. Upon the filing of a petition, the administrator must mail a copy to the
4.16commissioner and set a time for hearing within 90 days of the filing.
4.17 Subd. 6. Deduction from payment. The commissioner must reduce payments
4.18made under this section by any compensation received by the bee owner for dead bees and
4.19bee colonies losses as proceeds from an insurance policy or from another source.
4.20 Subd. 7. Appropriation. The amount necessary to pay claims under this section,
4.21not to exceed $150,000 per fiscal year, is appropriated from the pesticide regulatory
4.22account in section 18B.05.
4.23 Sec. 10. Minnesota Statutes 2012, section 85A.02, subdivision 2, is amended to read:
4.24 Subd. 2. Zoological Garden. The board shall acquire, construct, equip, operate
4.25and maintain the Minnesota Zoological Garden at a site in Dakota County legally
4.26described in Laws 1975, chapter 382, section 12. The Zoological Garden shall consist
4.27of adequate facilities and structures for the collection, habitation, preservation, care,
4.28exhibition, examination or study of wild and domestic animals, including, but not limited
4.29to mammals, birds, fish, amphibians, reptiles, crustaceans and mollusks. The board
4.30may provide such lands, buildings and equipment as it deems necessary for parking,
4.31transportation, entertainment, education or instruction of the public in connection with
4.32such Zoological Garden. The Zoological Garden is the official pollinator bank for the state
4.33of Minnesota. For purposes of this subdivision, "pollinator bank" means a program to
4.34avert the extinction of pollinator species by cultivating insurance breeding populations.
5.1 Sec. 11. BEE VALUATION PROTOCOL REQUIRED.
5.2No later than January 1, 2015, the commissioner of agriculture must report to
5.3the house of representatives and senate committees with jurisdiction over agriculture
5.4finance the protocol that the commissioner developed, in consultation with experts, for
5.5determining the fair market value of bees, hives, colonies, apiaries, and queen apiaries for
5.6purposes of compensation under Minnesota Statutes, section 18B.055.
5.7 Sec. 12. APPROPRIATION.
5.8$100,000 in fiscal year 2015 is appropriated from the general fund to the
5.9commissioner of agriculture to compensate the pollinator emergency response team
5.10authorized in Minnesota Statutes, section 18B.04.
1.3poisoning under certain circumstances; authorizing a pollinator emergency
1.4response team; establishing pollinator bank; requiring a report; appropriating
1.5money;amending Minnesota Statutes 2012, sections 18B.01, by adding
1.6subdivisions; 18B.03, by adding a subdivision; 18B.04; 85A.02, subdivision 2;
1.7proposing coding for new law in Minnesota Statutes, chapter 18B.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 18B.01, is amended by adding a
1.10subdivision to read:
1.11 Subd. 1c. Apiary. "Apiary" means a place where a collection of one or more hives
1.12or colonies of bees or the nuclei of bees are kept.
1.13 Sec. 2. Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
1.14to read:
1.15 Subd. 2a. Bee. "Bee" means any stage of the common honeybee, Apis mellifera (L).
1.16 Sec. 3. Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
1.17to read:
1.18 Subd. 2b. Bee owner. "Bee owner" means a person who owns an apiary.
1.19 Sec. 4. Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
1.20to read:
1.21 Subd. 4c. Colony. "Colony" means the aggregate of worker bees, drones, the queen,
1.22and developing young bees living together as a family unit in a hive or other dwelling.
2.1 Sec. 5. Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
2.2to read:
2.3 Subd. 11a. Hive. "Hive" means a frame hive, box hive, box, barrel, log gum, skep,
2.4or any other receptacle or container, natural or artificial, or any part of one, which is
2.5used as domicile for bees.
2.6 Sec. 6. Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
2.7to read:
2.8 Subd. 20a. Pollinator. "Pollinator" means an insect that pollinates flowers.
2.9 Sec. 7. Minnesota Statutes 2012, section 18B.03, is amended by adding a subdivision
2.10to read:
2.11 Subd. 4. Pollinators. The commissioner may take enforcement action under
2.12chapter 18D for a violation of this chapter, or any rule adopted under this chapter,
2.13that results in harm to pollinators, including but not limited to applying a product in
2.14a manner inconsistent with the product's label or labeling and resulting in pollinator
2.15death or willfully applying pesticide in a manner inconsistent with the product label or
2.16labeling. The commissioner must deposit any penalty collected under this subdivision in
2.17the pesticide regulatory account in section 18B.05.
2.18 Sec. 8. Minnesota Statutes 2012, section 18B.04, is amended to read:
2.1918B.04 PESTICIDE IMPACT ON ENVIRONMENT.
2.20(a) The commissioner shall:
2.21(1) determine the impact of pesticides on the environment, including the impacts on
2.22surface water and groundwater in this state;
2.23(2) develop best management practices involving pesticide distribution, storage,
2.24handling, use, and disposal; and
2.25(3) cooperate with and assist other state agencies and local governments to protect
2.26public health, pollinators, and the environment from harmful exposure to pesticides.
2.27(b) The commissioner may assemble a pollinator emergency response team of
2.28experts under section 16C.10, subdivision 2, to consult in the investigation of pollinator
2.29deaths or illnesses. The pollinator emergency response team may include representatives
2.30from local, state, and federal agencies; academia, including the University of Minnesota;
2.31or other professionals as deemed necessary by the commissioner.
3.1 Sec. 9. [18B.055] COMPENSATION FOR BEES KILLED BY PESTICIDE;
3.2APPROPRIATION.
3.3 Subdivision 1. Compensation required. (a) The commissioner of agriculture must
3.4compensate a person for an acute pesticide poisoning resulting in the death of bees or loss
3.5of bee colonies owned by the person, provided:
3.6(1) the person who applied the pesticide cannot be determined;
3.7(2) the person who applied the pesticide did so in a manner consistent with the
3.8pesticide product's label or labeling; or
3.9(3) the person who applied the pesticide did so in a manner inconsistent with the
3.10pesticide product's label or labeling.
3.11(b) Except as provided in this section, the bee owner is entitled to the fair market
3.12value of the dead bees and bee colonies losses as determined by the commissioner upon
3.13recommendation by academic experts and bee keepers. In any fiscal year, a bee owner
3.14must not be compensated for a claim that is less than $100 or compensated more than
3.15$20,000 for all eligible claims.
3.16(c) To be eligible for compensation under this section, the bee owner must be
3.17registered with a commonly utilized pesticide registry program, as designated by the
3.18commissioner of agriculture.
3.19 Subd. 2. Applicator responsible. In the event a person applies a pesticide in a
3.20manner inconsistent with the pesticide product's label or labeling requirements as approved
3.21by the commissioner and is determined to have caused the acute pesticide poisoning of bees,
3.22resulting in death or loss of a bee colony kept for commercial purposes, then the person so
3.23identified must bear the responsibility of restitution for the value of the bees to the owner.
3.24In these cases the commissioner must not provide compensation as provided in this section.
3.25 Subd. 3. Claim form. The bee owner must file a claim on forms provided by the
3.26commissioner and available on the Department of Agriculture's Web site.
3.27 Subd. 4. Determination. The commissioner must determine whether the death of
3.28the bees or loss of bee colonies was caused by an acute pesticide poisoning, whether the
3.29pesticide applicator can be determined, and whether the pesticide applicator applied the
3.30pesticide product in a manner consistent with the pesticide product's label or labeling.
3.31 Subd. 5. Payments; denial of compensation. (a) If the commissioner determines
3.32the bee death or loss of bee colony was caused by an acute pesticide poisoning and
3.33either the pesticide applicator cannot be determined or the pesticide applicator applied
3.34the pesticide product in a manner consistent with the pesticide product's label or labeling,
3.35the commissioner may award compensation from the pesticide regulatory account. If the
3.36pesticide applicator can be determined and the applicator applied the pesticide product
4.1in a manner inconsistent with the product's label or labeling, the commissioner may
4.2collect a penalty from the pesticide applicator sufficient to compensate the bee owner
4.3for the fair market value of the dead bees and bee colonies losses, and must award the
4.4money to the bee owner.
4.5(b) If the commissioner denies compensation claimed by a bee owner under this
4.6section, the commissioner must issue a written decision based upon the available evidence.
4.7The decision must include specification of the facts upon which the decision is based and
4.8the conclusions on the material issues of the claim. The commissioner must mail a copy
4.9of the decision to the bee owner.
4.10(c) A decision to deny compensation claimed under this section is not subject to the
4.11contested case review procedures of chapter 14, but may be reviewed upon a trial de
4.12novo in a court in the county where the loss occurred. The decision of the court may be
4.13appealed as in other civil cases. Review in court may be obtained by filing a petition for
4.14review with the administrator of the court within 60 days following receipt of a decision
4.15under this section. Upon the filing of a petition, the administrator must mail a copy to the
4.16commissioner and set a time for hearing within 90 days of the filing.
4.17 Subd. 6. Deduction from payment. The commissioner must reduce payments
4.18made under this section by any compensation received by the bee owner for dead bees and
4.19bee colonies losses as proceeds from an insurance policy or from another source.
4.20 Subd. 7. Appropriation. The amount necessary to pay claims under this section,
4.21not to exceed $150,000 per fiscal year, is appropriated from the pesticide regulatory
4.22account in section 18B.05.
4.23 Sec. 10. Minnesota Statutes 2012, section 85A.02, subdivision 2, is amended to read:
4.24 Subd. 2. Zoological Garden. The board shall acquire, construct, equip, operate
4.25and maintain the Minnesota Zoological Garden at a site in Dakota County legally
4.26described in Laws 1975, chapter 382, section 12. The Zoological Garden shall consist
4.27of adequate facilities and structures for the collection, habitation, preservation, care,
4.28exhibition, examination or study of wild and domestic animals, including, but not limited
4.29to mammals, birds, fish, amphibians, reptiles, crustaceans and mollusks. The board
4.30may provide such lands, buildings and equipment as it deems necessary for parking,
4.31transportation, entertainment, education or instruction of the public in connection with
4.32such Zoological Garden. The Zoological Garden is the official pollinator bank for the state
4.33of Minnesota. For purposes of this subdivision, "pollinator bank" means a program to
4.34avert the extinction of pollinator species by cultivating insurance breeding populations.
5.1 Sec. 11. BEE VALUATION PROTOCOL REQUIRED.
5.2No later than January 1, 2015, the commissioner of agriculture must report to
5.3the house of representatives and senate committees with jurisdiction over agriculture
5.4finance the protocol that the commissioner developed, in consultation with experts, for
5.5determining the fair market value of bees, hives, colonies, apiaries, and queen apiaries for
5.6purposes of compensation under Minnesota Statutes, section 18B.055.
5.7 Sec. 12. APPROPRIATION.
5.8$100,000 in fiscal year 2015 is appropriated from the general fund to the
5.9commissioner of agriculture to compensate the pollinator emergency response team
5.10authorized in Minnesota Statutes, section 18B.04.
