Text: HSB00702                          Text: HSB00704
Text: HSB00700 - HSB00799               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 703

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  80.41  MOTOR VEHICLE ACCIDENT
  1  2 INVESTIGATION FEES – FUND.
  1  3    1.  The commissioner shall establish a fee to be charged by
  1  4 the Iowa state patrol for accident reports shared with
  1  5 insurance companies pursuant to section 321.271.  The fee
  1  6 shall be calculated to cover a substantial portion of the
  1  7 costs of conducting an investigation, taking into account the
  1  8 time an officer spends investigating an accident and producing
  1  9 a report, the officer's salary, any expenses related to
  1 10 contacting and interviewing participants and witnesses, and
  1 11 any other cost factors the commissioner determines to be
  1 12 appropriate.  The commissioner may establish a sliding fee
  1 13 scale based on the kind of investigation required for
  1 14 different categories of accidents and the number of parties
  1 15 involved in the accident.  The Iowa state patrol shall notify
  1 16 the state department of transportation of the accident
  1 17 investigation fee to be charged for a report filed pursuant to
  1 18 section 321.266 by an Iowa state patrol officer.
  1 19    2.  An Iowa state patrol fund is established in the office
  1 20 of the treasurer of state to be administered by the
  1 21 commissioner of public safety.  The fund shall consist of
  1 22 investigation fees collected by the Iowa state patrol, or by
  1 23 the state department of transportation on behalf of the Iowa
  1 24 state patrol, for copies of accident investigation reports
  1 25 issued pursuant to section 321.271, subsection 3.  Moneys in
  1 26 the fund are appropriated to the Iowa state patrol for
  1 27 employment of peace officers and purchase and maintenance of
  1 28 equipment required for the performance of the officers'
  1 29 duties.  Notwithstanding section 8.33, moneys in the Iowa
  1 30 state patrol fund at the end of a fiscal year shall not revert
  1 31 to the general fund of the state, but shall remain in the fund
  1 32 for expenditure in future fiscal years.  Notwithstanding
  1 33 section 12C.7, subsection 2, interest or earnings on moneys
  1 34 deposited in the Iowa state patrol fund shall be credited to
  1 35 the Iowa state patrol fund.
  2  1    Sec. 2.  Section 321.271, subsection 2, Code Supplement
  2  2 2003, is amended to read as follows:
  2  3    2.  All Except as provided in subsection 3, written reports
  2  4 filed by a law enforcement officer as required under section
  2  5 321.266 shall be made available to any party to an accident,
  2  6 the party's insurance company or its agent, the party's
  2  7 attorney, the federal motor carrier safety administration, or
  2  8 the attorney general, on upon written request to the
  2  9 department and the payment of a fee of four dollars for each
  2 10 copy.  If a copy of an investigating officer's report of a
  2 11 motor vehicle accident filed with the department is retained
  2 12 by the law enforcement agency of the officer who filed the
  2 13 report, a copy shall be made available to any party to the
  2 14 accident, the party's insurance company or its agent, the
  2 15 party's attorney, the federal motor carrier safety
  2 16 administration, or the attorney general, on upon written
  2 17 request and the payment of a fee.  However, the attorney
  2 18 general and the federal motor carrier safety administration
  2 19 shall not be required by the department or the law enforcement
  2 20 agency to pay a fee for a copy of a report filed by a law
  2 21 enforcement or investigating officer.
  2 22    Sec. 3.  Section 321.271, Code Supplement 2003, is amended
  2 23 by adding the following new subsection:
  2 24    NEW SUBSECTION.  3.  A written report filed by an officer
  2 25 of the Iowa state patrol as required under section 321.166
  2 26 shall be made available to the insurance company of any party
  2 27 to the accident, or to the insurance company's agent, upon
  2 28 written request to the department, or to the Iowa state patrol
  2 29 if a copy of the report is retained by the Iowa state patrol,
  2 30 and payment of an accident investigation fee established
  2 31 pursuant to section 80.41.
  2 32    Sec. 4.  Section 321.271, subsection 3, Code Supplement
  2 33 2003, is amended to read as follows:
  2 34    3. 4.  Notwithstanding subsections 1 and 2 through 3, the
  2 35 date, time, specific location, and immediate facts and
  3  1 circumstances surrounding a crime or incident shall not be
  3  2 kept confidential under this section, except in those unusual
  3  3 circumstances where disclosure would plainly and seriously
  3  4 jeopardize an investigation or pose a clear and present danger
  3  5 to the safety of an individual.  
  3  6                           EXPLANATION
  3  7    This bill allows the Iowa state patrol, or the state
  3  8 department of transportation on behalf of the Iowa state
  3  9 patrol, to charge an accident investigation fee to insurance
  3 10 companies and their agents for copies of accident reports
  3 11 filed by a state trooper.  Accident reports filed by a party
  3 12 involved in an accident or by another law enforcement agency
  3 13 will continue to be available to insurance companies of
  3 14 parties to the accident upon payment of a fee of $4, as
  3 15 provided under current law.
  3 16    The bill directs the commissioner of public safety to
  3 17 establish a fee calculated to recover a substantial portion of
  3 18 the Iowa state patrol's costs of investigating an accident and
  3 19 producing an accident investigation report.  The commissioner
  3 20 may establish a sliding fee scale based on the kind of
  3 21 investigation required for different types of accidents and
  3 22 the number of parties involved in the accident.
  3 23    An Iowa state patrol fund is established in the state
  3 24 treasury under the control of the commissioner of public
  3 25 safety.  Accident investigation fees are to be deposited in
  3 26 the fund and are appropriated to the Iowa state patrol for
  3 27 employment and equipment of peace officers.  
  3 28 LSB 5170YC 80
  3 29 dea/sh/8

Text: HSB00702                          Text: HSB00704
Text: HSB00700 - HSB00799               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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