Text: HF00546 Text: HF00548 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 547 1 2 1 3 AN ACT 1 4 PROVIDING FOR EVIDENCE OF FINANCIAL RESPONSIBILITY FILED BY 1 5 COMMERCIAL PESTICIDE APPLICATORS, AND PROVIDING AN 1 6 EFFECTIVE DATE. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 206.2, Code 2003, is amended by adding 1 11 the following new subsections: 1 12 NEW SUBSECTION. 8A. "Department" means the department of 1 13 agriculture and land stewardship. 1 14 NEW SUBSECTION. 10A. "Financial institution" means a bank 1 15 or savings and loan association authorized by this state or by 1 16 the laws of the United States, which is a member of the 1 17 federal deposit insurance corporation or the federal savings 1 18 and loan insurance corporation. 1 19 Sec. 2. Section 206.13, Code 2003, is amended to read as 1 20 follows: 1 21 206.13SURETY BOND OR INSURANCEEVIDENCE OF FINANCIAL 1 22 RESPONSIBILITY REQUIREDOFBY COMMERCIAL APPLICATOR. 1 23 Thesecretarydepartment shall not issue a commercial 1 24 applicator's license as required in section 206.6 until the 1 25 applicant has furnished evidence of financial responsibility 1 26 with thesecretary consisting either ofdepartment. The 1 27 evidence of financial responsibility shall consist of a surety 1 28 bond,ora liability insurance policy, or an irrevocable 1 29 letter of credit issued by a financial institution. The 1 30 department may accept a certificationthereofof the evidence 1 31 of financial responsibility.Such surety bond or liability1 32insurance policyThe evidence of financial responsibility 1 33 shallprovide coverage topayon behalf oftheinsured all1 34sums which the insured shall becomeamount that the 1 35 beneficiary is legally obligated to pay as damagesas a result2 1ofcaused by the pesticide operations of the applicant. 2 2 However, thesurety bond or liability insurance policy will2 3 evidence of financial responsibility does not apply to damages 2 4 or an injury whichare eitheris expected or intended from the 2 5 standpoint of theinsuredbeneficiary.Any suchA liability 2 6 insurance policy shall be subject to the insurer's policy 2 7 provisions filed with and approved by the commissioner of 2 8 insurance. Thesurety bond or liability insurance policy2 9submitted asevidence of financial responsibility need not 2 10 apply to damages or injury to agricultural crops, plants, or 2 11 land being worked upon by the applicant. 2 12 The amount of thesurety bond or liability insurance2 13 evidence of financial responsibility as provided for in this 2 14 section shall be not less than fifty thousand dollars for 2 15 property damage and public liability insurance, each 2 16 separately.Such surety bond or liability insuranceThe 2 17 evidence of financial responsibility shall be maintained at 2 18 not less than thatsumamount at all times during the licensed 2 19 period. Thesecretarydepartment shall be notified ten days 2 20 prior to any reduction in the surety bond or liability 2 21 insurance made at the request of the applicant or cancellation 2 22 ofsuchthe surety bond by the surety or the liability 2 23 insurance by thesurety orinsurer. The department shall be 2 24 notified ninety days prior to any reduction of the amount of 2 25 the irrevocable letter of credit at the request of the 2 26 applicant or the cancellation of the irrevocable letter of 2 27 credit by the financial institution. The total and aggregate 2 28 liability of the surety,andinsurer, or financial institution 2 29 for all claims shall be limited to the face of the surety 2 30 bond,orliability insurance policy, or irrevocable letter of 2 31 credit. 2 32 Sec. 3. EFFECTIVE DATE. This Act, being deemed of 2 33 immediate importance, takes effect upon enactment. 2 34 2 35 3 1 3 2 CHRISTOPHER C. RANTS 3 3 Speaker of the House 3 4 3 5 3 6 3 7 MARY E. KRAMER 3 8 President of the Senate 3 9 3 10 I hereby certify that this bill originated in the House and 3 11 is known as House File 547, Eightieth General Assembly. 3 12 3 13 3 14 3 15 MARGARET THOMSON 3 16 Chief Clerk of the House 3 17 Approved , 2003 3 18 3 19 3 20 3 21 THOMAS J. VILSACK 3 22 Governor
Text: HF00546 Text: HF00548 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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