An Act to require commercial pesticide applicators to maintain proof of financial responsibility.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added:

38-21-17.1. Commercial pesticide applicator--Proof of financial responsibility.

Each commercial pesticide applicator licensed under § 38-21-17 shall maintain proof of financial responsibility consisting of a surety bond, certificate of insurance, or a notarized letter from a financial institution or a certified public accountant attesting to net assets of at least one hundred thousand dollars. The proof of financial responsibility must be provided on demand to the secretary or an inspector from the Department of Agriculture. The surety bond shall be in an amount of at least one hundred thousand dollars. The liability insurance shall be in an amount of at least one hundred thousand dollars for bodily injury or death, for each person; and in an amount of at least one hundred thousand dollars for each aggregate occurrence; and one hundred thousand dollars for property damage for each occurrence.

The provisions of this section do not apply to any employee of a commercial pesticide applicator business or any government employee.