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House File 599

Partial Bill History

Bill Text

PAG LIN
  1  1                                           HOUSE FILE 599     
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO PROPERTY INSURANCE, INCLUDING ESTABLISHMENT OF A
  1  5    MANDATORY PLAN TO ASSURE FAIR ACCESS TO INSURANCE REQUIRE-
  1  6    MENTS, AND PROVIDING FOR AN EFFECTIVE DATE AND RETROACTIVE
  1  7    APPLICABILITY.  
  1  8 
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 10 
  1 11    Section 1.  NEW SECTION.  515F.30  SHORT TITLE.
  1 12    This division may be cited as the "Fair Access to Insurance
  1 13 Requirements Plan Act", or the "FAIR Plan Act".
  1 14    Sec. 2.  NEW SECTION.  515F.31  PURPOSE.
  1 15    The purposes of this division include all of the following:
  1 16    1.  To make basic property insurance available to qualified
  1 17 applicants with the least possible administrative detail and
  1 18 expense.
  1 19    2.  To establish a plan, an industry placement facility and
  1 20 a joint reinsurance association for the equitable distribution
  1 21 and placement of risks among insurers.
  1 22    3.  To utilize fully the voluntary insurance market as a
  1 23 source of essential property insurance.
  1 24    4.  To encourage the delivery of basic property insurance
  1 25 at the most reasonable cost possible, provided that insurance
  1 26 pricing by the FAIR plan is actuarially self-supporting and
  1 27 does not actively compete with insurance pricing in the
  1 28 voluntary insurance market.
  1 29    Sec. 3.  NEW SECTION.  515F.32  DEFINITIONS.
  1 30    1.  "Basic property insurance" means insurance against
  1 31 direct loss to property as defined in the standard fire policy
  1 32 and extended coverage, vandalism, and malicious mischief
  1 33 endorsements; homeowners insurance; and such other coverage or
  1 34 classes of insurance as may be added to the FAIR plan by the
  1 35 commissioner.  "Basic property insurance" does not include any
  2  1 of the following:
  2  2    a.  Automobile insurance.
  2  3    b.  Inland marine insurance.
  2  4    2.  "Insurer" includes all companies or associations
  2  5 licensed to transact insurance business in this state under
  2  6 chapters 515, 518, and 518A, and companies or associations
  2  7 admitted or seeking to be admitted to do business in this
  2  8 state under any of those chapters, notwithstanding any
  2  9 provision of the Code to the contrary.
  2 10    3.  "Plan" means the FAIR plan to assure fair access to
  2 11 insurance requirements established pursuant to section
  2 12 515F.33.
  2 13    Sec. 4.  NEW SECTION.  515F.33  FAIR PLAN ESTABLISHED.
  2 14    The FAIR plan to assure fair access to insurance
  2 15 requirements is established.  The plan shall operate subject
  2 16 to the provisions and conditions of this division.
  2 17    Sec. 5.  NEW SECTION.  515F.34  MEMBERSHIP.
  2 18    1.  Eligibility for membership in the FAIR plan and its
  2 19 underwriting association requires all of the following:
  2 20    a.  The insurer must be licensed to write property
  2 21 insurance in this state.
  2 22    b.  The insurer is engaged in writing property insurance in
  2 23 this state, including the property insurance components of
  2 24 multiperil on a direct basis.
  2 25    2.  Each insurer that meets the eligibility requirements in
  2 26 subsection 1 shall be required to do all of the following:
  2 27    a.  Automatically subscribe to the articles of agreement
  2 28 for the FAIR plan and the underwriting association as a
  2 29 prerequisite to authority to transact property insurance
  2 30 business in this state.
  2 31    b.  Become and remain a member both of the FAIR plan and
  2 32 the underwriting association.
  2 33    c.  Comply with the requirements of the FAIR plan and the
  2 34 underwriting association as a condition of the insurer's
  2 35 authority to transact property insurance business in this
  3  1 state.
  3  2    Sec. 6.  NEW SECTION.  515F.35  STATUS OF PLAN.
  3  3    1.  The FAIR plan is not and shall not be deemed a
  3  4 department, unit, agency, or instrumentality of the state.
  3  5    2.  All debts, claims, obligations, and liabilities
  3  6 incurred by the FAIR plan shall be the debts, claims,
  3  7 obligations, and liabilities of the FAIR plan only, and are
  3  8 not the debts or pledges of credit of the state, or the
  3  9 state's agencies, instrumentalities, officers, or employees.
  3 10    3.  The moneys of the FAIR plan are not part of the general
  3 11 fund of the state, and the state shall not budget for or
  3 12 provide general fund appropriations to the plan.
  3 13    4.  The records, reports, and communications of the FAIR
  3 14 plan, the governing committee, the committees of the FAIR
  3 15 plan, and their representatives, producers, and employees are
  3 16 not public records.
  3 17    Sec. 7.  NEW SECTION.  515F.36  ADMINISTRATION.
  3 18    1.  A governing committee shall administer the FAIR plan,
  3 19 subject to the supervision of the commissioner, and operated
  3 20 by a manager appointed by the committee.
  3 21    2.  The committee shall consist of seven members, one of
  3 22 whom shall be elected by the committee from each of the
  3 23 following:
  3 24    a.  American insurance association.
  3 25    b.  Alliance of American insurers.
  3 26    c.  National association of independent insurers.
  3 27    d.  Iowa insurance institute.
  3 28    e.  Mutual insurance association of Iowa.
  3 29    f.  Independent insurance agents of Iowa.
  3 30    g.  All other insurers.
  3 31    3.  Not more than one insurer in a group under the same
  3 32 management or ownership shall serve on the committee at the
  3 33 same time.
  3 34    4.  The plan of operation and articles of association shall
  3 35 make provision for an underwriting association having
  4  1 authority on behalf of its members to cause to be issued
  4  2 property insurance policies, to reinsure in whole or in part
  4  3 any such policies, and to cede any such reinsurance.  The plan
  4  4 of operation and articles of association shall provide, among
  4  5 other things, for the perils to be covered, limits of
  4  6 coverage, geographical area of coverage, compensation and
  4  7 commissions, assessments of members, the sharing of expenses,
  4  8 income, and losses on an equitable basis, cumulative weighted
  4  9 voting for the governing committee of the association, the
  4 10 administration of the FAIR plan, and any other matter
  4 11 necessary or convenient for the purpose of assuring fair
  4 12 access to insurance requirements.
  4 13    Sec. 8.  NEW SECTION.  515F.37  RULES.
  4 14    The commissioner shall adopt rules necessary to administer
  4 15 this division.
  4 16    Sec. 9.  NEW SECTION.  515F.38  RETROACTIVE APPLICABILITY.
  4 17    This division applies retroactively to October 7, 1968, to
  4 18 validate action taken under the Iowa basic property insurance
  4 19 inspection and placement program adopted by the commissioner
  4 20 of insurance.
  4 21    Sec. 10.  Section 515F.3, unnumbered paragraph 2, Code
  4 22 2003, is amended to read as follows:
  4 23    This Except as otherwise provided in specific divisions of
  4 24 this chapter, this chapter does not apply to:
  4 25    Sec. 11.  EFFECTIVE DATE.  This Act, being deemed of
  4 26 immediate importance, takes effect upon enactment.  
  4 27 
  4 28 
  4 29                                                             
  4 30                               CHRISTOPHER C. RANTS
  4 31                               Speaker of the House
  4 32 
  4 33 
  4 34                                                             
  4 35                               MARY E. KRAMER
  5  1                               President of the Senate
  5  2 
  5  3    I hereby certify that this bill originated in the House and
  5  4 is known as House File 599, Eightieth General Assembly.
  5  5 
  5  6 
  5  7                                                             
  5  8                               MARGARET THOMSON
  5  9                               Chief Clerk of the House
  5 10 Approved                , 2003
  5 11 
  5 12 
  5 13                            
  5 14 THOMAS J. VILSACK
  5 15 Governor
     

Text: HF00598                           Text: HF00600
Text: HF00500 - HF00599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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