Assembly Bill No. 30–Assemblyman de Braga

 

CHAPTER..........

 

AN ACT relating to the application of pesticides; revising the amount of insurance coverage required for a license to apply pesticides; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

   Section 1. NRS 555.330 is hereby amended to read as follows:

   555.330  1.  The director shall require from each applicant for a pest

 control license proof of public liability and property damage insurance in

 an amount of:

   (a) Except as otherwise provided in paragraph (b), not less than

 $10,000 . [, nor more than $200,000.]

   (b) If the license would authorize the application of pesticides by

 aircraft:

     (1) Not less than $100,000 for bodily injury to or death of one

 person in any one accident;

     (2) Subject to the limit for one person, not less than $300,000 for

 bodily injury to or death of two or more persons in any one accident;

 and

     (3) Not less than $100,000 for each occurrence of damage to

 property in any one accident.

The director may accept a liability insurance policy or surety bond in the

 proper amount.

   2.  The director may require drift insurance for the use of pesticides or

 other materials declared hazardous or dangerous to man, livestock,

 wildlife, crops or plantlife.

   3.  Any person injured by the breach of any such obligation is entitled

 to sue in his own name in any court of competent jurisdiction to recover

 the damages he sustained by that breach, if each claim is made within 6

 months after the alleged injury.

   4.  The director on his own motion may, or upon receipt of a verified

 complaint of an interested person shall, investigate, as he deems necessary,

 any loss or damage resulting from the application of any pesticide by a

 licensed pest control operator. A verified complaint of loss or damage

 must be filed within 60 days after the time that the occurrence of the loss

 or damage becomes known except that, if a growing crop is alleged to

 have been damaged, the verified complaint must be filed before 50 percent

 of the crop has been harvested. A report of investigations resulting from a

 verified complaint must be furnished to the person who filed the

 complaint.

   Sec. 2.  The amendatory provisions of this act apply only to an

 applicant for the issuance or renewal of a pest control license for a period

 beginning on or after January 1, 2002.

 

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