As Amended
SEC. 69-21-13. Licenses; furnishing of security; action for damages.
The commissioner shall require each person, firm, association or corporation who is granted a permit to use aircraft in the application of "hormone-type herbicides" to furnish to, and file with, the said commissioner a fidelity bond, insurance policy, or other security satisfactory to the commissioner, conditioned that the principal therein named shall pay for any and all damages suffered by any person, firm, association or corporation, by reason of the negligence of the principal or his or its agents or employees in the conduct of the business authorized by this article, and shall honestly conduct said business and as otherwise conditioned by said commissioner, provided that in no case shall a bond or other security provided for herein be less than ten thousand dollars ($10,000.00). Any person, firm, or corporation having a right of action, such person, firm, association or corporation, or any person, may bring suit against them or either of them for any damages caused by their negligence in the conduct of the business authorized hereunder, but in no event, however, shall the surety be named in or made a party to such action. No action for such damages may be brought or maintained, however, unless the person claiming the damages shall have filed with the commissioner a written statement claiming that he has been damaged, on a form prescribed by the commissioner, within sixty (60) days after the date that the damage occurred, or prior to the time that twenty-five percent (25%) of a crop damaged shall have been harvested. Such statement shall contain, but shall not be limited thereto, the name of the person or persons who operated the aircraft, if known, the permit number of the aircraft, if known, the name of the owner or lessee of the land on which the crops are grown and for which damages are claimed, and the date on which it is alleged that the damage occurred. The commissioner is required to prepare a form to be furnished to persons to be used in such cases, and such form shall contain such other requirements as the commissioner may deem proper. The commissioner shall, upon receipt of such statement, notify the licensee and/or operator of the aircraft, and the owner or lessee of the land or other person who may be charged with the responsibility for the damages claimed, and furnish copies of such statements as may be requested. Provided, however, that notwithstanding any other provision of this article, any person claiming damages hereunder may give notice to the landowner or lessee of the treated crop claiming that he has been damaged within sixty days after the date that the damage occurred, or prior to the time that twenty-five percent (25%) of a crop damaged shall have been harvested, which said notice shall preserve said persons, claiming damages, cause of action.
Should the surety furnished become unsatisfactory, said applicant shall execute a new bond and should he fail to do so, it shall be the duty of the commissioner to cancel his license and give him notice of said fact, and it shall be unlawful thereafter for such person to engage in said business without obtaining a new license.
SOURCES: Codes, 1942, Sec. 5000-23; Laws, 1952, ch. 169, Sec. 3; 1962, ch. 171, Sec. 1; 1971, ch. 475, Sec. 3, eff from and after July 1, 1971.