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House File 777

Partial Bill History

Bill Text

PAG LIN
  1  1                                              HOUSE FILE 777
  1  2 
  1  3                             AN ACT 
  1  4 RELATING TO THE LIMITED LICENSURE OF MOTOR VEHICLE RENTAL 
  1  5    COMPANIES BY AUTHORIZING MOTOR VEHICLE RENTAL COMPANIES TO
  1  6    OFFER AND SELL CERTAIN TYPES OF INSURANCE WITH THE RENTAL 
  1  7    OF VEHICLES, PROVIDING FOR LICENSURE OF COUNTER EMPLOYEES,
  1  8    RELATING TO THE USE OF QUALIFIED VENDOR FOR PURPOSES OF
  1  9    ADMINISTERING EXAMINATIONS, AND PROVIDING FOR A FEE FOR
  1 10    LICENSE ISSUANCE.  
  1 11 
  1 12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 13 
  1 14    Section 1.  NEW SECTION.  522A.1  PURPOSE.
  1 15    The purpose of this chapter is to provide for the limited
  1 16 licensing of rental companies when a motor vehicle rental
  1 17 company sells travel or automobile-related insurance products
  1 18 or coverage in connection with and incidental to the rental of
  1 19 vehicles.
  1 20    Sec. 2.  NEW SECTION.  522A.2  DEFINITIONS.
  1 21    As used in this chapter, unless the context otherwise
  1 22 requires:
  1 23    1.  "Commissioner" means the commissioner of insurance
  1 24 appointed pursuant to section 505.2.
  1 25    2.  "Counter employee" means any employee at least eighteen
  1 26 years of age employed by a rental company that offers the
  1 27 products described in this chapter.
  1 28    3.  "Limited licensee" means a person at least eighteen
  1 29 years of age or an entity authorized to sell certain insurance
  1 30 coverages relating to the rental of vehicles.
  1 31    4.  "Rental agreement" means any written agreement setting
  1 32 forth the terms and conditions governing the use of a vehicle
  1 33 provided by a rental company for rental.
  1 34    5.  "Rental company" means any person or entity in the
  1 35 business of primarily providing vehicles intended for the
  2  1 private transportation of passengers to the public under a
  2  2 rental agreement for a period not to exceed ninety days.
  2  3    6.  "Rental period" means the term of the rental agreement.
  2  4    7.  "Renter" means any person obtaining the use of a
  2  5 vehicle from a rental company under the terms of a rental
  2  6 agreement for a period not to exceed ninety days.
  2  7    8.  "Vehicle" means a motor vehicle under section 321.1
  2  8 used for the private transportation of passengers, including
  2  9 passenger vans, minivans, and sport utility vehicles, or used
  2 10 for the transportation of cargo with a gross vehicle weight of
  2 11 less than twenty-six thousand and one pounds and not requiring
  2 12 the operator to possess a commercial driver's license,
  2 13 including cargo vans, pickup trucks, and trucks.
  2 14    Sec. 3.  NEW SECTION.  522A.3  LIMITED LICENSES.
  2 15    1.  Notwithstanding the provisions of chapter 522, the
  2 16 commissioner may issue a limited license to a rental company
  2 17 that has complied with the requirements of this chapter.  The
  2 18 limited license shall authorize the limited licensee to offer
  2 19 or sell insurance with the rental of vehicles.
  2 20    2.  As a prerequisite for issuance of a limited license
  2 21 under this section, a written application for a limited
  2 22 license, which is signed by an officer of the applicant, shall
  2 23 be filed with the commissioner.  The application shall be in a
  2 24 form and contain information prescribed by the commissioner.
  2 25 The application shall include a list of all rental locations
  2 26 where the rental company intends to conduct business.  An
  2 27 updated list shall be provided to the commissioner within
  2 28 thirty business days from any date on which the list is
  2 29 amended.
  2 30    3.  If a provision of this section is violated by a limited
  2 31 licensee, the commissioner may, after notice and a hearing,
  2 32 revoke or suspend a limited license issued under this section,
  2 33 or impose any other penalties, including suspending permission
  2 34 for the transaction of insurance offers or sales at specific
  2 35 rental locations where violations of this section have
  3  1 occurred, as the commissioner deems to be necessary or
  3  2 convenient to carry out the purposes of this section.
  3  3    4.  A rental company licensed pursuant to this section may
  3  4 offer or sell insurance issued by an insurance carrier
  3  5 authorized to do business in this state and only in connection
  3  6 with and incidental to the rental of a vehicle.  A renter
  3  7 shall not be required to purchase coverage in order to rent a
  3  8 vehicle.  The type of insurance offered or sold by a limited
  3  9 licensee, whether at the rental office or by preselection of
  3 10 coverage in a master, corporate, group rental, or individual
  3 11 agreement, may be in any of the following general categories:
  3 12    a.  Personal accident insurance covering the risks of
  3 13 travel, including, but not limited to, accident and health
  3 14 insurance that provides coverage, as applicable, to a renter
  3 15 and other rental vehicle occupants for accidental death or
  3 16 dismemberment and reimbursement for medical expenses resulting
  3 17 from an accident that occurs during the rental period.
  3 18    b.  Liability insurance that provides coverage, as
  3 19 applicable, to a renter and other authorized drivers of rental
  3 20 vehicles for liability arising from the operation of the
  3 21 rental vehicle.
  3 22    c.  Personal effects insurance that provides coverage, as
  3 23 applicable, to a renter and other vehicle occupants for the
  3 24 loss of, or damage to, personal effects that occurs during the
  3 25 rental period.
  3 26    d.  Roadside assistance and emergency sickness protection
  3 27 programs.
  3 28    5.  Insurance shall only be sold by a limited licensee
  3 29 pursuant to this section if all of the following apply:
  3 30    a.  The rental period of the rental agreement does not
  3 31 exceed ninety consecutive days.
  3 32    b.  At every rental location where a rental agreement is
  3 33 executed, brochures or other written materials are readily
  3 34 available to a prospective renter that include all of the
  3 35 following information:
  4  1    (1)  A clear and correct summary of the material terms of
  4  2 coverage offered to renters, including the identity of the
  4  3 insurer.
  4  4    (2)  A disclosure that the coverage offered by the rental
  4  5 company may provide a duplication of coverage already provided
  4  6 by a renter's personal automobile insurance policy,
  4  7 homeowner's insurance policy, personal liability insurance
  4  8 policy, or other source of coverage.
  4  9    (3)  A statement that the purchase by a renter of the types
  4 10 of coverage specified in this section is not required in order
  4 11 to rent a vehicle.
  4 12    (4)  A description of the process for filing a claim in the
  4 13 event a renter elects to purchase coverage and in the event of
  4 14 a claim.
  4 15    c.  Evidence of coverage in the rental agreement is
  4 16 provided to every renter who elects to purchase such coverage.
  4 17    d.  A fee, compensation, or commission is not paid to an
  4 18 employee by a rental company dependent based solely on the
  4 19 sale of insurance under any limited license issued pursuant to
  4 20 this section.
  4 21    6.  Any limited license issued under this section shall
  4 22 authorize a counter employee of the limited licensee to act
  4 23 individually on behalf, and under the supervision, of the
  4 24 limited licensee with respect to the offer and sale of
  4 25 coverage specified in this section.
  4 26    7.  A rental company counter employee must successfully
  4 27 pass an examination covering the insurance products offered
  4 28 for sale by the rental company in connection with and
  4 29 incidental to the rental of vehicles by the rental company.
  4 30 The examination shall be approved and administered by the
  4 31 insurance division or a vendor approved by the insurance
  4 32 division pursuant to section 522A.6.  The counter employee
  4 33 shall file an application with the commissioner for an
  4 34 individual license.  Any application shall be deemed approved
  4 35 unless the commissioner notifies the rental company of the
  5  1 denial or rejection of the application within thirty days of
  5  2 receiving the application.  An application shall not include
  5  3 requirements greater in scope than defined in this section.
  5  4    8.  A limited licensee pursuant to this section shall not
  5  5 be required to treat moneys collected from renters purchasing
  5  6 insurance when renting vehicles as moneys received in a
  5  7 fiduciary capacity, provided that the charges for coverage are
  5  8 itemized and are ancillary to a rental agreement.  The offer
  5  9 or sale of insurance not in conjunction with a rental
  5 10 agreement shall not be permitted.
  5 11    9.  A limited licensee under this section shall not
  5 12 advertise, represent, or otherwise hold itself out or hold any
  5 13 of its employees out as licensed insurers, insurance agents,
  5 14 or insurance brokers.
  5 15    10.  A limited licensee shall not engage in this state in
  5 16 any of the following:
  5 17    a.  A trade practice defined in chapter 507B as, or
  5 18 determined pursuant to section 507B.6 to be, an unfair method
  5 19 of competition or an unfair or deceptive act or practice in
  5 20 the business of insurance.
  5 21    b.  An illegal sales practice or unfair trade practice as
  5 22 defined in rules adopted pursuant to chapter 17A by the
  5 23 commissioner.
  5 24    11.  An individual license, authorization, and
  5 25 certification to offer or sell insurance products under this
  5 26 chapter shall expire when the counter employee's employment
  5 27 terminates with the rental company.
  5 28    Sec. 4.  NEW SECTION.  522A.4  TERM OF LIMITED LICENSE.
  5 29    A limited license issued pursuant to this chapter is valid
  5 30 for three years and may be renewed without examination if the
  5 31 renewal application is received in a timely manner.
  5 32    Sec. 5.  NEW SECTION.  522A.5  FEES.
  5 33    The fee for a counter employee license shall be fifty
  5 34 dollars per counter employee.  In no case shall any combined
  5 35 fees exceed one thousand dollars in any calendar year for any
  6  1 one rental company or limited license or licensee or renewal
  6  2 license.
  6  3    Sec. 6.  NEW SECTION.  522A.6  VENDOR QUALIFICATIONS.
  6  4    If a qualified vendor is available, the commissioner shall
  6  5 utilize the qualified vendor closest in proximity to where the
  6  6 counter employee is employed to meet the requirements in
  6  7 section 522A.3.  A vendor shall have at least two years
  6  8 teaching experience relating to the topic of the products
  6  9 described in this chapter.  For purposes of this section, the
  6 10 commissioner may approve a rental company that meets the
  6 11 requirements of this section as a qualifying vendor to
  6 12 administer the requirements in section 522A.3.
  6 13    Sec. 7.  NEW SECTION.  522A.7  RULES.
  6 14    The commissioner shall adopt rules necessary for the
  6 15 administration of this chapter.  
  6 16 
  6 17 
  6 18                                                             
  6 19                               BRENT SIEGRIST
  6 20                               Speaker of the House
  6 21 
  6 22 
  6 23                                                             
  6 24                               MARY E. KRAMER
  6 25                               President of the Senate
  6 26 
  6 27    I hereby certify that this bill originated in the House and
  6 28 is known as House File 777, Seventy-eighth General Assembly.
  6 29 
  6 30 
  6 31                                                             
  6 32                               ELIZABETH ISAACSON
  6 33                               Chief Clerk of the House
  6 34 Approved                , 1999
  6 35 
  7  1 
  7  2                               
  7  3 THOMAS J. VILSACK
  7  4 Governor
     

Text: HF00776                           Text: HF00778
Text: HF00700 - HF00799                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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