Text: HSB00235                          Text: HSB00237
Text: HSB00200 - HSB00299               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 236

Bill Text

PAG LIN
  1  1    Section 1.  Section 206.2, Code 2003, is amended by adding
  1  2 the following new subsections:
  1  3    NEW SUBSECTION.  8A.  "Department" means the department of
  1  4 agriculture and land stewardship.
  1  5    NEW SUBSECTION.  10A.  "Financial institution" means a bank
  1  6 or savings and loan association authorized by this state or by
  1  7 the laws of the United States, which is a member of the
  1  8 federal deposit insurance corporation or the federal savings
  1  9 and loan insurance corporation.
  1 10    Sec. 2.  Section 206.13, Code 2003, is amended to read as
  1 11 follows:
  1 12    206.13  SURETY BOND OR INSURANCE REQUIRED OF COMMERCIAL
  1 13 APPLICATOR.
  1 14    The secretary department shall not issue a commercial
  1 15 applicator's license as required in section 206.6 until the
  1 16 applicant has furnished evidence of financial responsibility
  1 17 with the secretary consisting either of department.  The
  1 18 evidence of financial responsibility shall consist of a surety
  1 19 bond, or a liability insurance policy, or an irrevocable
  1 20 letter of credit issued by a financial institution.  The
  1 21 department may accept a certification thereof of the evidence
  1 22 of financial responsibility.  Such surety bond or liability
  1 23 insurance policy The evidence of financial responsibility
  1 24 shall provide coverage to pay on behalf of the insured all
  1 25 sums which the insured shall become amount that the
  1 26 beneficiary is legally obligated to pay as damages as a result
  1 27 of caused by the pesticide operations of the applicant.
  1 28 However, the surety bond or liability insurance policy will
  1 29 evidence of financial responsibility does not apply to damages
  1 30 or an injury which are either is expected or intended from the
  1 31 standpoint of the insured beneficiary.  Any such A liability
  1 32 insurance policy shall be subject to the insurer's policy
  1 33 provisions filed with and approved by the commissioner of
  1 34 insurance.  The surety bond or liability insurance policy
  1 35 submitted as evidence of financial responsibility need not
  2  1 apply to damages or injury to agricultural crops, plants, or
  2  2 land being worked upon by the applicant.
  2  3    The amount of the surety bond or liability insurance
  2  4 evidence of financial responsibility as provided for in this
  2  5 section shall be not less than fifty thousand dollars for
  2  6 property damage and public liability insurance, each
  2  7 separately.  Such surety bond or liability insurance The
  2  8 evidence of financial responsibility shall be maintained at
  2  9 not less than that sum amount at all times during the licensed
  2 10 period.  The secretary department shall be notified ten days
  2 11 prior to any reduction at the request of the applicant or
  2 12 cancellation of such surety bond or liability insurance the
  2 13 evidence of financial responsibility by the surety or insurer
  2 14 of the surety bond, insurance policy, or irrevocable letter of
  2 15 credit.  The total and aggregate liability of the surety and
  2 16 bond, insurer, or financial institution for all claims shall
  2 17 be limited to the face value of the bond, or liability
  2 18 insurance policy, or letter of credit.  
  2 19                           EXPLANATION
  2 20    This bill amends Code chapter 206 which provides for the
  2 21 regulation of pesticides by the department of agriculture and
  2 22 land stewardship.  Code section 206.6 provides that a person
  2 23 engaged in the business of applying pesticides must be
  2 24 licensed.  The bill in part amends Code section 206.13 which
  2 25 currently requires that a licensee furnish the department with
  2 26 evidence of financial responsibility consisting of either a
  2 27 surety bond or a liability insurance policy.  The bill
  2 28 provides that the licensee may also file an irrevocable letter
  2 29 of credit with the department.  
  2 30 LSB 2975HC 80
  2 31 da/sh/8
     

Text: HSB00235                          Text: HSB00237
Text: HSB00200 - HSB00299               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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