HF 1300

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; providing that insurers must 
  1.3             defend against claims relating to the use of 
  1.4             agricultural chemicals; amending Minnesota Statutes 
  1.5             1998, sections 18D.101; and 60A.08, by adding a 
  1.6             subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 18D.101, is 
  1.9   amended to read: 
  1.10     18D.101 [LIABILITY FOR APPLICATION.] 
  1.11     (a) Notwithstanding other law relating to liability for 
  1.12  agricultural chemical use, an end user or landowner is not 
  1.13  liable for the cost of active cleanup, or damages associated 
  1.14  with or resulting from agricultural chemicals in groundwater if 
  1.15  the person has applied or has had others apply agricultural 
  1.16  chemicals in compliance with state law, with any applicable 
  1.17  labeling, and orders of the commissioner.  An insurer must 
  1.18  defend against a claim related to the use of those chemicals as 
  1.19  described in section 60A.08, subdivision 15. 
  1.20     (b) It is a complete defense for liability if the person 
  1.21  has complied with the provisions in paragraph (a).  
  1.22     Sec. 2.  Minnesota Statutes 1998, section 60A.08, is 
  1.23  amended by adding a subdivision to read: 
  1.24     Subd. 15.  [AGRICULTURAL CHEMICALS.] A policy of liability 
  1.25  insurance issued to an end user of agricultural chemicals or a 
  1.26  landowner who uses agricultural chemicals must provide coverage 
  2.1   for defense of the end user or landowner against a claim related 
  2.2   to the use of those chemicals.