Senate File 2337 - Enrolled

PAG LIN



  1  1                                             SENATE FILE 2337
  1  2
  1  3                             AN ACT
  1  4 RELATING TO THE PURCHASE OF LIABILITY INSURANCE AND TO SELF-
  1  5    INSURANCE BY THE ASSOCIATION OF IOWA FAIRS.
  1  6
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8
  1  9    Section 1.  Section 87.4, Code 2007, is amended to read as
  1 10 follows:
  1 11    87.4  GROUP AND SELF=INSURED PLANS == TAX EXEMPTION == PLAN
  1 12 APPROVAL.
  1 13    For the purpose of complying with this chapter, groups of
  1 14 employers by themselves or in an association with any or all
  1 15 of their workers, may form insurance associations as hereafter
  1 16 provided, subject to such reasonable conditions and
  1 17 restrictions as may be fixed by the insurance commissioner;
  1 18 and membership in such mutual insurance organization as
  1 19 approved, together with evidence of the payment of premiums
  1 20 due, shall be evidence of compliance with this chapter.
  1 21    A self=insurance association formed under this section and
  1 22 an association comprised of cities or counties, or both, or
  1 23 the association of county fairs or a fair as defined in
  1 24 section 174.1, or community colleges as defined in section
  1 25 260C.2 or school corporations, or both, or other political
  1 26 subdivisions, which have entered into an agreement under
  1 27 chapter 28E for the purpose of establishing a self=insured
  1 28 program for the payment of workers' compensation benefits are
  1 29 exempt from taxation under section 432.1.
  1 30    A plan shall be submitted to the commissioner of insurance
  1 31 for review and approval prior to its implementation.  The
  1 32 commissioner shall adopt rules for the review and approval of
  1 33 a self=insured group plan provided under this section.  The
  1 34 rules shall include, but are not limited to, the following:
  1 35    1.  Procedures for submitting a plan for approval including
  2  1 the establishment of a fee schedule to cover the costs of
  2  2 conducting the review.
  2  3    2.  Establishment of minimum financial standards to ensure
  2  4 the ability of the plan to adequately cover the reasonably
  2  5 anticipated expenses.
  2  6    A self=insured program for the payment of workers'
  2  7 compensation benefits established by an association comprised
  2  8 of cities or counties, or both, or the association of county
  2  9 fairs or a fair as defined in section 174.1, or community
  2 10 colleges, as defined in section 260C.2, or other political
  2 11 subdivisions, which have entered into an agreement under
  2 12 chapter 28E, is not insurance, and is not subject to
  2 13 regulation under chapters 505 through 523C.  Membership in
  2 14 such an association together with payment of premiums due
  2 15 relieves the member from obtaining insurance as required in
  2 16 section 87.1.  Such an association is not required to submit
  2 17 its plan or program to the commissioner of insurance for
  2 18 review and approval prior to its implementation and is not
  2 19 subject to rules or rates adopted by the commissioner relating
  2 20 to workers' compensation group self=insurance programs.  Such
  2 21 a program is deemed to be in compliance with this chapter.
  2 22    The workers' compensation premium written on a municipality
  2 23 which is a member of an insurance pool which provides workers'
  2 24 compensation insurance coverage to a statewide group of
  2 25 municipalities, as defined in section 670.1, shall not be
  2 26 considered in the determination of any assessments levied
  2 27 pursuant to an agreement established under section 515A.15.
  2 28    Sec. 2.  NEW SECTION.  174.8A  LIABILITY INSURANCE.
  2 29    The association of Iowa fairs, or a fair, shall have the
  2 30 power to join a local government risk pool as provided in
  2 31 section 670.7.
  2 32    Sec. 3.  Section 670.7, Code 2007, is amended to read as
  2 33 follows:
  2 34    670.7  INSURANCE.
  2 35    1.  The governing body of a municipality may purchase a
  3  1 policy of liability insurance insuring against all or any part
  3  2 of liability which might be incurred by the municipality or
  3  3 its officers, employees, and agents under section 670.2 and
  3  4 section 670.8 and may similarly purchase insurance covering
  3  5 torts specified in section 670.4.  The governing body of a
  3  6 municipality may adopt a self=insurance program, including but
  3  7 not limited to the investigation and defense of claims, the
  3  8 establishment of a reserve fund for claims, the payment of
  3  9 claims, and the administration and management of the
  3 10 self=insurance program, to cover all or any part of the
  3 11 liability.  The governing body of a municipality may join and
  3 12 pay funds into a local government risk pool to protect itself
  3 13 against any or all liability.  The governing body of a
  3 14 municipality may enter into insurance agreements obligating
  3 15 the municipality to make payments beyond its current budget
  3 16 year to provide or procure the policies of insurance,
  3 17 self=insurance program, or local government risk pool.  The
  3 18 premium costs of the insurance, the costs of a self=insurance
  3 19 program, the costs of a local government risk pool, and the
  3 20 amounts payable under the insurance agreements may be paid out
  3 21 of the general fund or any available funds or may be levied in
  3 22 excess of any tax limitation imposed by statute.  However, for
  3 23 school districts, the costs shall be included in the district
  3 24 management levy as provided in section 296.7 if the district
  3 25 has certified a district management levy.  If the district has
  3 26 not certified a district management levy, the cost shall be
  3 27 paid from the general fund.  Any independent or autonomous
  3 28 board or commission in the municipality having authority to
  3 29 disburse funds for a particular municipal function without
  3 30 approval of the governing body may similarly enter into
  3 31 insurance agreements, procure liability insurance, adopt a
  3 32 self=insurance program, or join a local government risk pool
  3 33 within the field of its operation.
  3 34    2.  The procurement of this insurance constitutes a waiver
  3 35 of the defense of governmental immunity as to those exceptions
  4  1 listed in section 670.4 to the extent stated in the policy but
  4  2 shall have no further effect on the liability of the
  4  3 municipality beyond the scope of this chapter, but if a
  4  4 municipality adopts a self=insurance program or joins and pays
  4  5 funds into a local government risk pool the action does not
  4  6 constitute a waiver of the defense of governmental immunity as
  4  7 to the exceptions listed in section 670.4.
  4  8    3.  The existence of any insurance which covers in whole or
  4  9 in part any judgment or award which may be rendered in favor
  4 10 of the plaintiff, or lack of any such insurance, shall not be
  4 11 material in the trial of any action brought against the
  4 12 governing body of a municipality, or its officers, employees,
  4 13 or agents and any reference to such insurance, or lack of
  4 14 insurance, is grounds for a mistrial.  A self=insurance
  4 15 program or local government risk pool is not insurance and is
  4 16 not subject to regulation under chapters 505 through 523C.
  4 17    4.  The association of county fairs as defined in section
  4 18 174.1, or a fair, shall be deemed to be a municipality as
  4 19 defined in this chapter only for the purpose of joining a
  4 20 local government risk pool as provided in this section.
  4 21
  4 22
  4 23                                                             
  4 24                               JOHN P. KIBBIE
  4 25                               President of the Senate
  4 26
  4 27
  4 28                                                             
  4 29                               PATRICK J. MURPHY
  4 30                               Speaker of the House
  4 31
  4 32    I hereby certify that this bill originated in the Senate and
  4 33 is known as Senate File 2337, Eighty=second General Assembly.
  4 34
  4 35
  5  1                                                             
  5  2                               MICHAEL E. MARSHALL
  5  3                               Secretary of the Senate
  5  4 Approved                , 2008
  5  5
  5  6
  5  7                                
  5  8 CHESTER J. CULVER
  5  9 Governor