H-8393

   Amend House File 2491 as follows:
   1.  Page 25, after line 5 by inserting: 
   <Sec. ___.  NEW SECTION.  481A.11A  Deer-motor vehicle collision indemnity fund —— appropriation.
   1.  As used in this section:
   a.  “Deer-motor vehicle collision” means an accident that occurs on a roadway when a deer suddenly enters the path of a motor vehicle and the motor vehicle strikes the deer.
   b.  “Roadway” means as defined in section 321.1.
   2.  A deer-motor vehicle collision indemnity fund is created in the state treasury to be administered by the department of natural resources. The indemnity fund shall consist of moneys appropriated to the fund from the state fish and game protection fund pursuant to subsection 5. The moneys in the fund shall be used to compensate a person for loss in the value of the person’s property due to property damage caused by a deer-motor vehicle collision. 
   3.  Upon application and investigation, the department shall compensate a person involved in a deer-motor vehicle collision for property damage caused by the collision in an amount not to exceed one thousand dollars per collision. If a person involved in a deer-motor vehicle collision is covered by a motor vehicle policy providing collision coverage, the department shall compensate the person for the loss in the value of the person’s property only to the extent that the person is not compensated through the policy due to the deductible or limit of coverage provisions of the policy.
   4.  The natural resource commission shall adopt rules pursuant to chapter 17A to establish application procedures and eligibility requirements, and to provide for the assessment of property damage caused by a deer-motor vehicle collision.
   5.  For the fiscal year commencing July 1, 2018, and each succeeding fiscal year, there is appropriated from the state fish and game protection fund to the deer-motor vehicle collision indemnity fund an amount necessary to pay the state liability for property claims made by persons pursuant to this section due to deer-motor vehicle collisions. 
   6.  This section shall not be construed to require the compensation of any person for bodily injury resulting from a deer-motor vehicle collision or to impose liability on the state for bodily injury resulting from a deer-motor vehicle collision.>
   2.  By renumbering as necessary.

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HEARTSILL of Marion