AN ACT to create and enact a new section to chapter 4.1-33 of the North Dakota Century Code, relating to pe...
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SB 2086 — AN ACT to create and enact a new section to chapter 4.1-33 of the North Dakota Century Code, relating to pesticide certification standards; and to amend and reenact sections 4.1-33-01 and 4.1-33-03, subdivision b of subsection 1 of section 4.1-33-12, section 4.1-33-13, subsection 1 of section 4.1-33-16, and subsection 5 of section 4.1-33-20 of North Dakota Century Code, relating to pesticide control.
Last action — Filed with Secretary Of State 04/23
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 07, 2025. Enacted.
Signed by Governor Kelly Armstrong (Republican) on April 23, 2025.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 3 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Relating to pesticide certification standards; and to amend and reenact sections 4.1‑33‑01 and 4.1‑33‑03, subdivision b of subsection 1 of section 4.1‑33‑12, section 4.1‑33‑13, subsection 1 of section 4.1‑33‑16, and subsection 5 of section 4.1‑33‑20 of North Dakota Century Code, relating to pesticide control.
Bill Text
What changed in the latest version
250 added · 259 removedPlain-language change summary
The updated version of Senate Bill 2086 includes clarifications and definitions related to pesticide use and certification. Notably, terms like "animal," "antimicrobial pesticide," "applicator," and "certified applicator" are better defined to ensure a clearer understanding of who is responsible for pesticide application and what qualifies as a restricted use. These changes matter because they help establish clearer guidelines for certification and use, which can enhance safety and compliance in pesticide management, ultimately protecting both public health and the environment.
25.8120.01000 Sixty-ninth Legislative Assembly of North Dakota In Regular Session Commencing Tuesday, January 7, 2025 SENATE BILL NO.
2086 of(Agriculture North Dakota Introduced by Agriculture and Veterans Affairs CommitteeCommittee) (At the request of the Agriculture Commissioner) AAN BILLACT for an Act to create and enact a new section to chapter 4.1-33 of the North Dakota Century Code, relating to pesticide certification standards;
"Applicator" means anyanya person who applies a pesticide to land.
"Certified applicator" means anyanyan individual who is certified under this chapter to purchase or use a restricted use pesticide.
"Defoliant" means anyanya substance or mixture of substances intended to cause the leaves or foliage to drop from a plant, with or without causing abscission.
Page7. No.
1"Desiccant" 25.8120.01000means Sixty-ninthanya Legislativesubstance Assemblyor 7.mixture of substances intended to artificially accelerate the drying of plant tissue.
"Desiccant" means any substance or mixture of substances intended to artificially accelerate the drying of plant tissue.
"Device" means anyanyan instrument or contrivance, other than a firearm, which is intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life, other than human and other than bacteria, virus, or other micro-organism on or in living humans or other living animals, but not including equipment used for the application of pesticides when sold separately from pesticide.
"Distribute" means to offer for sale, hold for sale, sell, barter, ship, deliver, or supply pesticides in thisthisthe state.
"Environment" includes water, air, land, and all plants andand, humanshumans, and other animals living therein,thereinthere, and the interrelationships that existexistexisting among them.
"Equipment" means anyanya type of ground, water, or aerial equipment or contrivance using motorized, mechanical, or pressurized power and used to apply anyanya pesticide on land and anything that may be growing, inhabiting, or stored on or in that land.
The term does not includeS. any pressurized hand-held household apparatus used to apply any pesticide, or any equipment or contrivance of which the individual who is applying the pesticide is the source of power or energy to make the pesticide application.
B.
NO.
2086 - PAGE 2 include anya pressurized hand-held household apparatus used to apply anya pesticide, or any equipment or contrivance of which the individual who is applying the pesticide is the source of power or energy to make the pesticide application.
"Fungus" means anyanya non-chlorophyll-bearing thallophytes, that is, anyanya non-chlorophyll-bearing plant of a lower order than mosses and liverworts as, for example, rust, smut, mildew, mold, yeast, and bacteria, except thosethosefungus on or in living humans or other living animals, and except thosethosefungus on or in processed food, beverages, or pharmaceuticals.
"Insect" means anyanyone of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class of insecta, comprising six-legged, usually winged forms, and to other allied classes of arthropods whosewhosefor which members are wingless and usually have more than six legs.
"Label" means the written, printed, or graphic matter on, or attached to, the pesticide or device or any of itsitsthe pesticide or device's containers or wrappers.
or Pageb. No.
2 25.8120.01000 Sixty-ninth Legislative Assembly b.
"Nematode" means an invertebrate animalsanimalsanimal of the phylum nemathelminthes, and class nematoda, i.e., unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, and inhabiting soil, water, plants, or plant parts, may also be called nemas or eelworms.
"Pest" means anyanyan insect, rodent, nematode, fungus, or weed;
AnyAnyA substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest;
AnyAnyA substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.
"Pesticide dealer" means anyanya person, other than a pesticide wholesaler, distributing pesticides.
"Plant regulator" means anyanya substance or mixture of substances intended, through physiological action, to accelerate or retard the rate of growth or rate of maturation, or to otherwiseS. alter the behavior of plants or the produce thereof, but does not include Page No.
3B. 25.8120.01000 Sixty-ninth Legislative Assembly substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments.
NO.
2086 - PAGE 3 otherwise alter the behavior of plants or the produce thereof, but does not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments.
"Restricted use pesticide" means anyanya pesticide formulation that is classified as restricted use by the United States environmental protection agency or the agriculture commissioner under section 4.1-34-06.
"Tank mix" means anyanya pesticidal formulation used alone or in combination with another pesticide and mixed with a liquid carrier prior to application.
"Unreasonable adverse effects on the environment" means anyanyan unreasonable risk to humans or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide.
"Weed" means anyanya plant that grows where not wanted.
"Wildlife" means all living things that are neitherneithernot human, domesticated, nor,noror, as defined in this chapter, pests, including mammals, birds, and aquatic life.
PageStandards No.for pesticide certification.
4 25.8120.01000 Sixty-ninth Legislative Assembly Standards for pesticide certification.
The rules may relate to the time, place, manner, methods, materials, and amounts and concentrations, in connection with the application of the pesticide, and may restrict or prohibit use of pesticides in designated areas during specifiedS. periods of time and shall encompass all reasonable factors which the board deems necessary to prevent damage or injury by drift or misapplication to:
B.
NO.
Show all 79 changed lines (39 more)
2086 - PAGE 4 specified periods of time and shallmust encompass all reasonable factors whichthat the board deems necessary to prevent damage or injury by drift or misapplication to:
In adopting rules, the board shall give consideration to pertinent research findings and recommendations of other agencies of thisthisthe state, the federal government, or other reliable sources.
TheseTheseThe standards and requirements must relate to the use and handling of pesticides.
In determining thesethesethe standards and requirements, the board shall take into considerationadopt standards and requirements prescribed by the United States environmental protection agency in the pesticide certification standards.
Page4. No.
5 25.8120.01000 Sixty-ninth Legislative Assembly 4.
136 et seq.], the board mayshall make reports to the United States environmental protection agency in the form and containing the information as thatthatthe agency requires.
The identification of pests under this chapter whenwhenif the board finds particular organisms to be annoying or otherwise injurious or harmful to agriculture, health, and the environment.
(1) Complies complies with the certification requirements established by the board;
or (2) Is under the direct supervision of a certified applicator.applicator while applying a restricted use herbicide.
It is a violation of this chapter for anyanya person to:
1.S.
B.
NO.
2086 - PAGE 5 1.
Page6. No.
6 25.8120.01000 Sixty-ninth Legislative Assembly 6.
PageSECTION No.6.
7 25.8120.01000 Sixty-ninth Legislative Assembly SECTION 6.
1.S.
B.
NO.
2086 - PAGE 6 1.
The certification requirements of this chapter do not apply to a competent person applying a restricted use pesticidespesticidesherbicide under the direct supervision of a private applicator, unless the pesticidepesticideherbicide label requires that a certified applicator personally apply the particular pesticide.pesticideherbicide.
A pesticidepesticideAn herbicide is deemed to be applied under the direct supervision of a private applicator if it is applied by a competent person acting under the instruction and control of a private applicator who is available if and when needed, even though the private applicator is not physically present at the time and place that the pesticidepesticideherbicide is applied.
After providing an opportunity for a hearing, the commissioner may deny, suspend, revoke, or modify the provision of any certification issued under this chapter, if the commissioner determines that the applicant for certification or the holder of a certificate has violated this chapter or any rules adopted under this chapter, or has a criminal conviction is subject to a final order imposing a civil penalty under section 136l of the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C.
PageS. No.
8B. 25.8120.01000
NO.
2086 - PAGE 7 ____________________________ ____________________________ President of the Senate Speaker of the House ____________________________ ____________________________ Secretary of the Senate Chief Clerk of the House This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North Dakota and is known on the records of that body as Senate Bill No.
2086.
Senate Vote:
Yeas 46 Nays 0 Absent 1 House Vote:
Yeas 68 Nays 25 Absent 1 ____________________________ Secretary of the Senate Received by the Governor at ________M.
on _____________________________________, 2025.
Approved at ________M.
on __________________________________________________, 2025.
____________________________ Governor Filed in this office this ___________day of _______________________________________, 2025, at ________ o’clock ________M.
____________________________ Secretary of State
Show all 79 changed rows (39 more)
View plain text versions (2)
- Enrolled Enrollment Current pdf
- Introduced View text pdf
Action History
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Filed with Secretary Of State 04/23
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Signed by Governor 04/22
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Sent to Governor
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Signed by President
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Signed by Speaker
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Second reading, passed, yeas 46 nays 0
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Concurred
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Returned to Senate (12)
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Second reading, passed as amended, yeas 68 nays 25
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Amendment adopted, placed on calendar
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Reported back amended, do pass, amendment placed on calendar 14 0 0
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Rereferred to Agriculture
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Laid over one legislative day
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Reported back, do pass, place on calendar 7 5 2
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Committee Hearing 09:15
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Introduced, first reading, referred Agriculture Committee
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Received from Senate
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Second reading, passed, yeas 47 nays 0
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Reported back, do pass, place on calendar 5 0 0
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Committee Hearing 10:05
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Introduced, first reading, referred Agriculture and Veterans Affairs Committee
Sponsors
- Agriculture and Veterans Affairs · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on · 25 voted No
Sponsors (1)
- Agriculture and Veterans Affairs
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 41 | 0 | 0 | 1 |
| Democratic | 5 | 0 | 0 | 0 |
| Total | 46 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (47)
| Member | Party | Vote |
|---|---|---|
| Boschee, Josh | Democratic | Yea |
| Braunberger, Ryan | Democratic | Yea |
| Hogan, Kathy | Democratic | Yea |
| Marcellais, Richard | Democratic | Yea |
| Mathern, Tim | Democratic | Yea |
| Axtman, Michelle | Republican | Yea |
| Barta, Jeff | Republican | Yea |
| Beard, Todd | Republican | Yea |
| Bekkedahl, Brad | Republican | Yea |
| Boehm, Keith | Republican | Yea |
| Burckhard, Randy A. | Republican | Yea |
| Castaneda, Jose L. | Republican | Yea |
| Cleary, Sean | Republican | Yea |
| Clemens, David A. | Republican | Yea |
| Conley, Cole | Republican | Yea |
| Cory, Claire | Republican | Yea |
| Davison, Kyle | Republican | Yea |
| Dever, Dick | Republican | Yea |
| Dwyer, Michael | Republican | Yea |
| Enget, Mark | Republican | Yea |
| Erbele, Robert | Republican | Yea |
| Gerhardt, Justin | Republican | Yea |
| Hogue, David | Republican | Yea |
| Kessel, Greg | Republican | Yea |
| Klein, Jerry | Republican | Yea |
| Larson, Diane | Republican | Yea |
| Lee, Judy | Republican | Yea |
| Lemm, Randy D. | Republican | Yea |
| Luick, Larry | Republican | Yea |
| Magrum, Jeffery J. | Republican | Yea |
| Meyer, Scott | Republican | Yea |
| Myrdal, Janne | Republican | Yea |
| Patten, Dale | Republican | Yea |
| Paulson, Bob | Republican | Yea |
| Powers, Michelle | Republican | Yea |
| Roers, Kristin | Republican | Yea |
| Rummel, Dean | Republican | Yea |
| Schaible, Donald | Republican | Yea |
| Sickler, Jonathan | Republican | Yea |
| Sorvaag, Ronald | Republican | Yea |
| Thomas, Paul J. | Republican | Yea |
| Walen, Chuck | Republican | Yea |
| Wanzek, Terry M. | Republican | Yea |
| Weber, Mark F. | Republican | Yea |
| Weston, Kent | Republican | Yea |
| Wobbema, Mike | Republican | Not Voting |
| van Oosting, Desiree | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 60 | 23 | 0 | 0 |
| Democratic | 8 | 2 | 0 | 1 |
| Total | 68 | 25 | 0 | 1 |
| % of votes cast | 72% | 27% | 0% | 1% |
How each member voted (94)
| Member | Party | Vote |
|---|---|---|
| Brown, Collette | Democratic | Nay |
| Conmy, Liz | Democratic | Yea |
| Davis, Jayme | Democratic | Not Voting |
| Dobervich, Gretchen | Democratic | Yea |
| Finley-DeVille, Lisa | Democratic | Nay |
| Foss, Austin | Democratic | Yea |
| Hager, LaurieBeth | Democratic | Yea |
| Hanson, Karla Rose | Democratic | Yea |
| Ista, Zachary | Democratic | Yea |
| Mitskog, Alisa | Democratic | Yea |
| Schneider, Mary | Democratic | Yea |
| Anderson, Bert | Republican | Yea |
| Anderson, Dick | Republican | Nay |
| Anderson, Karen A. | Republican | Yea |
| Bahl, Landon | Republican | Yea |
| Beltz, Mike | Republican | Yea |
| Berg, Mike | Republican | Yea |
| Bolinske, Macy | Republican | Nay |
| Bosch, Glenn | Republican | Yea |
| Brandenburg, Mike | Republican | Yea |
| Brown, TJ | Republican | Nay |
| Christianson, Nels | Republican | Nay |
| Dockter, Jason | Republican | Yea |
| Dressler, Ty | Republican | Yea |
| Fegley, Clayton | Republican | Yea |
| Fisher, Jay | Republican | Yea |
| Frelich, Kathy | Republican | Nay |
| Grindberg, Karen | Republican | Yea |
| Grueneich, Jim | Republican | Nay |
| Hagert, Jared C. | Republican | Yea |
| Hatlestad, Patrick R. | Republican | Yea |
| Hauck, Dori | Republican | Yea |
| Headland, Craig | Republican | Yea |
| Heilman, Matthew | Republican | Nay |
| Heinert, Pat D. | Republican | Yea |
| Henderson, Donna | Republican | Nay |
| Hendrix, Jared | Republican | Nay |
| Holle, Dawson | Republican | Nay |
| Hoverson, Jeff | Republican | Nay |
| Johnson, Jorin | Republican | Yea |
| Johnston, Daniel | Republican | Nay |
| Jonas, Jim | Republican | Yea |
| Karls, Karen | Republican | Yea |
| Kasper, Jim | Republican | Nay |
| Kempenich, Keith | Republican | Yea |
| Kiefert, Dwight | Republican | Yea |
| Klemin, Lawrence R. | Republican | Yea |
| Koppelman, Ben | Republican | Nay |
| Lefor, Mike | Republican | Yea |
| Longmuir, Donald W. | Republican | Yea |
| Louser, Scott | Republican | Yea |
| Maki, Roger A. | Republican | Nay |
| Marschall, Andrew | Republican | Nay |
| Martinson, Bob | Republican | Yea |
| McLeod, Carrie | Republican | Yea |
| Meier, Lisa | Republican | Yea |
| Monson, David | Republican | Yea |
| Morton, Desiree | Republican | Nay |
| Motschenbacher, Mike | Republican | Nay |
| Murphy, Eric J. | Republican | Yea |
| Nathe, Mike | Republican | Yea |
| Nehring, Dennis | Republican | Yea |
| Nelson, Jon O. | Republican | Yea |
| Novak, Anna S. | Republican | Yea |
| O'Brien, Emily | Republican | Yea |
| Olson, Jeremy | Republican | Yea |
| Olson, Jeremy | Republican | Nay |
| Osowski, Doug | Republican | Yea |
| Ostlie, Mitch | Republican | Yea |
| Porter, Todd | Republican | Yea |
| Pyle, Brandy L. | Republican | Yea |
| Richter, David | Republican | Yea |
| Rios, Nico | Republican | Yea |
| Rohr, Karen M. | Republican | Yea |
| Ruby, Dan | Republican | Yea |
| Ruby, Matthew | Republican | Nay |
| Sanford, Mark | Republican | Yea |
| Satrom, Bernie | Republican | Yea |
| Schatz, Mike | Republican | Nay |
| Schauer, Austen | Republican | Yea |
| Schreiber-Beck, Cynthia | Republican | Yea |
| Steiner, Vicky | Republican | Yea |
| Stemen, Gregory | Republican | Yea |
| Swiontek, Steve | Republican | Yea |
| Toman, Nathan | Republican | Yea |
| Tveit, Bill | Republican | Yea |
| VanWinkle, Lori | Republican | Nay |
| Vetter, Steve | Republican | Nay |
| Vigesaa, Don | Republican | Yea |
| Vollmer, Daniel R. | Republican | Yea |
| Wagner, Scott | Republican | Yea |
| Warrey, Jonathan | Republican | Yea |
| Weisz, Robin | Republican | Yea |
| Wolff, Christina | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 42 | 0 | 0 | 0 |
| Democratic | 5 | 0 | 0 | 0 |
| Total | 47 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (47)
| Member | Party | Vote |
|---|---|---|
| Boschee, Josh | Democratic | Yea |
| Braunberger, Ryan | Democratic | Yea |
| Hogan, Kathy | Democratic | Yea |
| Marcellais, Richard | Democratic | Yea |
| Mathern, Tim | Democratic | Yea |
| Axtman, Michelle | Republican | Yea |
| Barta, Jeff | Republican | Yea |
| Beard, Todd | Republican | Yea |
| Bekkedahl, Brad | Republican | Yea |
| Boehm, Keith | Republican | Yea |
| Burckhard, Randy A. | Republican | Yea |
| Castaneda, Jose L. | Republican | Yea |
| Cleary, Sean | Republican | Yea |
| Clemens, David A. | Republican | Yea |
| Conley, Cole | Republican | Yea |
| Cory, Claire | Republican | Yea |
| Davison, Kyle | Republican | Yea |
| Dever, Dick | Republican | Yea |
| Dwyer, Michael | Republican | Yea |
| Enget, Mark | Republican | Yea |
| Erbele, Robert | Republican | Yea |
| Gerhardt, Justin | Republican | Yea |
| Hogue, David | Republican | Yea |
| Kessel, Greg | Republican | Yea |
| Klein, Jerry | Republican | Yea |
| Larson, Diane | Republican | Yea |
| Lee, Judy | Republican | Yea |
| Lemm, Randy D. | Republican | Yea |
| Luick, Larry | Republican | Yea |
| Magrum, Jeffery J. | Republican | Yea |
| Meyer, Scott | Republican | Yea |
| Myrdal, Janne | Republican | Yea |
| Patten, Dale | Republican | Yea |
| Paulson, Bob | Republican | Yea |
| Powers, Michelle | Republican | Yea |
| Roers, Kristin | Republican | Yea |
| Rummel, Dean | Republican | Yea |
| Schaible, Donald | Republican | Yea |
| Sickler, Jonathan | Republican | Yea |
| Sorvaag, Ronald | Republican | Yea |
| Thomas, Paul J. | Republican | Yea |
| Walen, Chuck | Republican | Yea |
| Wanzek, Terry M. | Republican | Yea |
| Weber, Mark F. | Republican | Yea |
| Weston, Kent | Republican | Yea |
| Wobbema, Mike | Republican | Yea |
| van Oosting, Desiree | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 2086 do?
- Relating to pesticide certification standards; and to amend and reenact sections 4.1‑33‑01 and 4.1‑33‑03, subdivision b of subsection 1 of section 4.1‑33‑12, section 4.1‑33‑13, subsection 1 of section 4.1‑33‑16, and subsection 5 of section 4.1‑33‑20 of North Dakota Century Code, relating to pesticide control.
- Who sponsors SB 2086?
- SB 2086 is sponsored by Agriculture and Veterans Affairs.
- What is the current status of SB 2086?
- This bill has been enacted into law. Introduced January 07, 2025. Enacted.
- Where can I track SB 2086?
- Track SB 2086 free on One Click Politics — get push/email alerts when it moves.
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