(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 30–Assemblyman de Braga

 

Prefiled January 22, 2001

 

____________

 

Referred to Committee on Natural Resources,
Agriculture, and Mining

 

SUMMARY—Revises amount of insurance coverage required for license to apply pesticides. (BDR 49‑372)

 

FISCAL NOTE:  Effect on Local Government: No.

                             Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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:

 

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

1-2    555.330  1.  The director shall require from each applicant for a pest

1-3  control license proof of public liability and property damage insurance in

1-4  an amount of:

1-5    (a) Except as otherwise provided in paragraph (b), not less than

1-6  $10,000 . [, nor more than $200,000.]

1-7    (b) If the license would authorize the application of pesticides by

1-8  aircraft:

1-9       (1) Not less than $100,000 for bodily injury to or death of one

1-10  person in any one accident;

1-11      (2) Subject to the limit for one person, not less than $300,000 for

1-12  bodily injury to or death of two or more persons in any one accident; and

1-13      (3) Not less than $100,000 for each occurrence of damage to

1-14  property in any one accident.

1-15  The director may accept a liability insurance policy or surety bond in the

1-16  proper amount.

1-17  2.  The director may require drift insurance for the use of pesticides or

1-18  other materials declared hazardous or dangerous to man, livestock,

1-19  wildlife, crops or plantlife.

2-1    3.  Any person injured by the breach of any such obligation is entitled

2-2  to sue in his own name in any court of competent jurisdiction to recover the

2-3  damages he sustained by that breach, if each claim is made within 6

2-4  months after the alleged injury.

2-5    4.  The director on his own motion may, or upon receipt of a verified

2-6  complaint of an interested person shall, investigate, as he deems necessary,

2-7  any loss or damage resulting from the application of any pesticide by a

2-8  licensed pest control operator. A verified complaint of loss or damage must

2-9  be filed within 60 days after the time that the occurrence of the loss or

2-10  damage becomes known except that, if a growing crop is alleged to have

2-11  been damaged, the verified complaint must be filed before 50 percent of

2-12  the crop has been harvested. A report of investigations resulting from a

2-13  verified complaint must be furnished to the person who filed the complaint.

2-14  Sec. 2.  The amendatory provisions of this act apply only to an

2-15  applicant for the issuance or renewal of a pest control license for a period

2-16  beginning on or after January 1, 2002.

 

2-17  H