House File 2543 - Introduced HOUSE FILE 2543 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 2055) A BILL FOR An Act relating to the inclusion of the value of child 1 restraint systems in the partial loss or total loss 2 calculation for specified insurance settlements of 3 first-party automobile losses and including applicability 4 provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5172HV (2) 88 ko/rn
H.F. 2543 Section 1. NEW SECTION . 507B.4D Automobile loss settlements 1 —— child restraint systems. 2 1. If an automobile insurance policy provides for the 3 settlement of a first-party automobile partial loss or total 4 loss, a person shall include the value of any child restraint 5 system that is located in an automobile at the time the 6 automobile is subject to a partial loss that equals or exceeds 7 five thousand dollars in damage, or at the time the automobile 8 is totaled in the loss calculation. For purposes of this 9 section, “automobile” has the same meaning as defined in section 10 321.1, subsection 42, paragraph “d” , and “child restraint 11 system” has the same meaning as defined in section 321.446, 12 subsection 7. 13 2. The commissioner of insurance shall adopt rules pursuant 14 to chapter 17A as necessary to administer this section. 15 Sec. 2. APPLICABILITY. This Act applies to first-party 16 automobile partial losses, and first-party automobile total 17 losses, for automobiles that are subject to a partial loss or 18 to a total loss occurring on or after July 1, 2020. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill relates to the inclusion of the value of child 23 restraint systems in the partial or total loss calculation 24 for insurance settlements of first-party automobile partial 25 or total losses. The bill requires a person to include the 26 value of any child restraint systems that are located in an 27 automobile at the time the automobile is subject to a partial 28 loss that equals or exceeds $5,000 in damage or at the time the 29 automobile is totaled in the loss calculation. “Automobile” 30 is defined in the bill as a motor vehicle designed primarily 31 for carrying nine passengers or less, excluding motorcycles 32 and motorized bicycles. The bill defines “child restraint 33 system” as a specially designed seating system, including a 34 belt-positioning seat or a booster seat, that meets federal 35 -1- LSB 5172HV (2) 88 ko/rn 1/ 2
H.F. 2543 motor vehicle safety standards set forth in 49 C.F.R. §571.213. 1 The bill applies to first-party automobile partial or total 2 losses for automobiles that are subject to a partial or total 3 loss occurring on or after July 1, 2020. 4 -2- LSB 5172HV (2) 88 ko/rn 2/ 2