Title 80, Title 80

The United States and the secretary of agriculture are free from liability by virtue of the transfer of the assets to the department under this part.

The department may adopt rules necessary to carry out the provisions of this part.

The board of hail insurance provided for in 2-15-3003: (1) shall hold meetings when necessary for the conduct of its business; (2) may adopt rules for the administration of this part; (3) shall prescribe blank forms for all purposes necessary, proper, and incidental to the effect…

(1) The appointed members of the board of hail insurance are entitled to compensation as provided in 2-15-122 for each day they are engaged in the transaction of official business. (2) All board members and employees must be allowed expenses as provided in 2-18-501 through 2-18-5…

(1) A person or an association of persons engaged in the growing of crops or other agricultural or horticultural products subject to injury or destruction by hail may, by individual or joint election filed with and approved by the board of hail insurance, accept the provisions of…

The department shall upon request explain the provisions of this part to each person engaged in the growing of crops subject to injury or destruction by hail. The department shall issue hail insurance policies to each person who desires to become subject to this part, to become l…

The crops grown on the lands of all persons who elect to become subject to this part must be insured under the provisions of this part for the acreage and the kind of crop for which fees for hail insurance have been imposed. The insurance must be provided for, determined, and adj…

When an applicant for hail insurance pays for the insurance at the time of application, the applicant is allowed a discount of 4%, less any transaction fees, and the insurance must be issued when the application and payment are received. All payments for hail insurance received b…

(1) An owner of land who is delinquent in paying fees pursuant to this part may not be allowed hail insurance under the provisions of this part unless the owner's application is accompanied by a payment for the delinquent amount, including interest imposed under 80-2-230, plus th…

The board may write not more than $75 of insurance on each acre of crops on nonirrigated land and not more than $114 of insurance on each acre on irrigated land, except that the board may specify different maximums for specialty crops. When more than one party desires hail insura…

Because of the unusual or unexpected variation in the severity of damage to crops that occurs from year to year and in order to enable the hail insurance board to spread the effect of these variations more evenly over all years, the board may negotiate for and secure reinsurance …

The department and the board of hail insurance shall adopt rules necessary for the administration and collection of hail insurance fees pursuant to this part.

(1) A fee is imposed on all land in this state growing crops subject to injury or destruction by hail if the owners of the land have elected to become subject to the provisions of this part. (2) The board of hail insurance shall annually estimate, as accurately as possible, the a…

(1) The board of hail insurance may, when it considers it advisable, establish as many districts as it considers advisable and may maintain maximum rates in various parts of the state. The rates must be commensurate with the risk incurred as nearly as it can determine from past e…

No later than November 1, the department shall notify each person insured of the amount of the fee due for hail insurance and that the fee must be paid to the department by November 30.

The hail insurance fees chargeable to the lands of each person who elects to become subject to this part must be collected by the department. If the fees are not paid, they are a lien on the lands against which they are imposed.

When any hail insurance issued under this part is secured by a crop lien only, the crop lien is a first lien on the insured crop, except for any crop lien that may have been given to secure the purchase price for the seed that was bought and used to plant and produce the insured …

(1) Each year when the hail board sets its annual fee for the payment of current losses, for expenses of administration, and for an addition to the reserve if conditions permit, it may not increase the fee enough in any year so that the addition to the reserve will exceed 5% of t…

When any crop insured under this part is destroyed by any other cause than hail, the applicant may, by furnishing the proof required by the board of hail insurance, cause the crop to be exempted from the regular fee of the board for the current year. The proof must be submitted t…

(1) The department shall collect all fees imposed under this part and transfer the money collected to the state treasurer for deposit pursuant to 80-2-232. The department shall use due diligence in collecting the fees provided for in this part. (2) All insurance fees are payable …

(1) The department shall transfer to the state treasurer all money collected under this part for deposit in the enterprise fund. All covered losses must be paid from the fund. (2) (a) All costs other than covered losses are administrative expenses and must be paid from the enterp…

All losses by hail to crops insured under this part must be reported within 14 days after the loss by the owner of the crops or by the owner's agent or attorney to the board of hail insurance. The board shall require the claimant to make a statement of the losses sustained, the c…

(1) The department shall retain a sufficient number of adjusters to appraise all losses by hail that are covered by hail insurance under this part. (2) The department may call on one or more of the adjusters to appraise each loss, and the adjusters shall promptly report their fin…

(1) If the party that has sustained the loss is dissatisfied with and refuses to accept the appraisal made by the official adjuster, the party has the right to appeal to the board of hail insurance. The party shall make the appeal within 10 days after receiving the appraisal. The…

(1) The department shall, as soon as practicable after the loss has been sustained, arrange for the payment of the loss in the following manner. From the amount of the loss as adjusted for each claimant, the department shall deduct the amount that the claimant then owes as a deli…

All money or benefits received from hail insurance are exempt from execution, are not liable to attachment, and may not be seized, taken, or appropriated by any local process to pay any debt or liability of the insured unless the amount is assigned and then for no more than the a…

(1) In a dispute in which a plant sample would serve a useful purpose to clarify, quantify, or settle the dispute, either party may file with the department a request that the department provide sampling services. (2) The department shall charge a fee that covers the costs of pro…