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House File 547

Partial Bill History

Bill Text

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    206.13  SURETY BOND OR INSURANCE EVIDENCE OF FINANCIAL
  1 22 RESPONSIBILITY REQUIRED OF BY COMMERCIAL APPLICATOR.
  1 23    The secretary department 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 the secretary consisting either of department.  The
  1 27 evidence of financial responsibility shall consist of a surety
  1 28 bond, or a liability insurance policy, or an irrevocable
  1 29 letter of credit issued by a financial institution.  The
  1 30 department may accept a certification thereof of the evidence
  1 31 of financial responsibility.  Such surety bond or liability
  1 32 insurance policy The evidence of financial responsibility
  1 33 shall provide coverage to pay on behalf of the insured all
  1 34 sums which the insured shall become amount that the
  1 35 beneficiary is legally obligated to pay as damages as a result
  2  1 of caused by the pesticide operations of the applicant.
  2  2 However, the surety bond or liability insurance policy will
  2  3 evidence of financial responsibility does not apply to damages
  2  4 or an injury which are either is expected or intended from the
  2  5 standpoint of the insured beneficiary.  Any such A 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.  The surety bond or liability insurance policy
  2  9 submitted as evidence 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 the surety bond or liability insurance
  2 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 insurance The
  2 17 evidence of financial responsibility shall be maintained at
  2 18 not less than that sum amount at all times during the licensed
  2 19 period.  The secretary department 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 of such the surety bond by the surety or the liability
  2 23 insurance by the surety or insurer.  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, and insurer, or financial institution
  2 29 for all claims shall be limited to the face of the surety
  2 30 bond, or liability 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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