House File 2180 - Introduced
HOUSE FILE
BY LUKAN
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to consideration by insurance companies of
2 traffic accidents involving volunteer emergency services
3 providers.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 6090HH 81
6 av/je/5
PAG LIN
1 1 Section 1. NEW SECTION. 80.43 TRAFFIC ACCIDENTS
1 2 INVOLVING VOLUNTEER EMERGENCY SERVICES PROVIDERS.
1 3 1. For the purposes of this section, "volunteer emergency
1 4 services provider" means a reserve peace officer as defined in
1 5 section 80D.1A, a volunteer fire fighter as defined in section
1 6 85.61, an emergency medical care provider or emergency rescue
1 7 technician as defined in section 147A.1 who is a volunteer but
1 8 is not covered as a volunteer emergency services provider
1 9 under chapter 97A, 97B, or 411.
1 10 2. The commissioner shall adopt rules to define when a
1 11 traffic accident involving the operation of a motor vehicle by
1 12 a volunteer emergency services provider occurs in the
1 13 provider's line of duty as a volunteer emergency services
1 14 provider.
1 15 3. Any traffic accident involving the operation of a motor
1 16 vehicle by a volunteer emergency services provider shall be
1 17 reported by the governmental entity that the provider serves
1 18 to the department of public safety for review pursuant to the
1 19 rules adopted under subsection 1, and the department shall
1 20 certify whether or not the accident occurred while in the
1 21 provider's line of duty. If the department certifies that the
1 22 accident occurred in the provider's line of duty, the
1 23 department shall forward the certification to the state
1 24 department of transportation.
1 25 4. The certification shall be maintained by the state
1 26 department of transportation as part of the accident report
1 27 required pursuant to section 321.266.
1 28 5. An insurance company transacting business in this state
1 29 shall not consider a traffic accident that occurred while a
1 30 volunteer emergency services provider was operating a motor
1 31 vehicle in the provider's line of duty for the purpose of
1 32 establishing motor vehicle insurance rates charged by the
1 33 insurer for that person or as a reason to refuse to issue,
1 34 cancel, or refuse to renew any motor vehicle insurance policy
1 35 of that person, unless the traffic accident results from the
2 1 provider's reckless operation of the motor vehicle or reckless
2 2 disregard for the safety of others as determined by the agency
2 3 responsible for investigation of the accident.
2 4 EXPLANATION
2 5 This bill prohibits consideration by insurance companies of
2 6 certain traffic accidents involving volunteer emergency
2 7 services providers.
2 8 The bill requires the commissioner of the department of
2 9 safety to adopt rules defining when a traffic accident
2 10 involving the operation of a motor vehicle by a volunteer
2 11 emergency services provider occurs in the provider's line of
2 12 duty as a provider.
2 13 The bill requires the governmental entity that a provider
2 14 serves to report such a traffic accident to the department of
2 15 safety for the department to review pursuant to the rules
2 16 adopted and to certify whether or not the accident occurred in
2 17 the provider's line of duty. If so, the department is
2 18 required to forward the certification to the state department
2 19 of transportation to be maintained as part of the accident
2 20 report required pursuant to Code section 321.266.
2 21 The bill prohibits an insurance company from considering
2 22 such a traffic accident for the purpose of establishing motor
2 23 vehicle insurance rates charged to the volunteer emergency
2 24 services provider by the insurer or as a reason to refuse to
2 25 issue, cancel, or refuse to renew any motor vehicle insurance
2 26 policy of the volunteer emergency services provider, unless
2 27 the agency responsible for investigation of the accident
2 28 determines that the accident resulted from the volunteer
2 29 emergency services provider's reckless operation of the motor
2 30 vehicle or reckless disregard for the safety of others.
2 31 For purposes of the bill, "volunteer emergency services
2 32 provider" means a volunteer fire fighter as defined in Code
2 33 section 85.61, a volunteer emergency medical care provider or
2 34 volunteer emergency rescue technician as defined in Code
2 35 section 147A.1 who is not covered as a volunteer emergency
3 1 services provider under Code chapter 97A, 97B, or 411, or a
3 2 reserve peace officer as defined in Code section 80D.1A.
3 3 LSB 6090HH 81
3 4 av:rj/je/5