Senate File 2077 - Introduced SENATE FILE 2077 BY ZAUN (COMPANION TO HF 2059 BY SEXTON) A BILL FOR An Act establishing daylight saving time as the official time 1 in this state throughout the year. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5815XS (4) 88 ec/rn
S.F. 2077 Section 1. Section 1D.1, Code 2020, is amended to read as 1 follows: 2 1D.1 Standard time and daylight Daylight saving time as 3 official time . 4 The standard Daylight saving time shall be the official time 5 in this state . Daylight saving time is the solar time of the 6 ninetieth meridian of longitude west of Greenwich, England, 7 commonly known as central standard time, except that from 2:00 8 ante meridiem of the first Sunday of April in every year until 9 2:00 ante meridiem of the last Sunday of October in the same 10 year, standard time shall be advanced one hour. The period of 11 time so advanced shall be known as “daylight saving time” . 12 Sec. 2. Section 515.109, subsection 6, paragraph a, Code 13 2020, is amended to read as follows: 14 a. The form of the standard policy (with permission to 15 substitute for the word “company” a more accurate descriptive 16 term for the type of insurer) shall be as follows: 17 FIRST PAGE OF STANDARD FIRE POLICY 18 No. ... 19 (Space for insertion of name of company or companies issuing 20 the policy and other matter permitted to be stated at the head 21 of the policy.) 22 (Space for listing amounts of insurance, rates and premiums 23 for the basic coverages insured under the standard form of 24 policy and for additional coverages or perils insured under 25 endorsements attached.) 26 IN CONSIDERATION OF THE PROVISIONS AND STIPULATIONS HEREIN 27 OR ADDED HERETO AND OF ...... DOLLARS PREMIUM this company, 28 for the term of ...... from the .... day of ....... (month), 29 ..... (year), to the .... day of ....... (month), .... 30 (year), at noon, Standard Time, at location of property 31 involved, to an amount not exceeding ......... Dollars, does 32 insure ........ and legal representatives, to the extent of 33 the actual cash value of the property at the time of loss, 34 but not exceeding the amount which it would cost to repair or 35 -1- LSB 5815XS (4) 88 ec/rn 1/ 8
S.F. 2077 replace the property with material of like kind and quality 1 within a reasonable time after such loss, without allowance for 2 any increased cost of repair or reconstruction by reason of any 3 ordinance or law regulating construction or repair, and without 4 compensation for loss resulting from interruption of business 5 or manufacture, nor in any event for more than the interest of 6 the insured, against all DIRECT LOSS BY FIRE, LIGHTNING AND BY 7 REMOVAL FROM PREMISES ENDANGERED BY THE PERILS INSURED AGAINST 8 IN THIS POLICY, EXCEPT AS HEREINAFTER PROVIDED, to the property 9 described hereinafter while located or contained as described 10 in this policy, or pro rata for five days at each proper place 11 to which any of the property shall necessarily be removed for 12 preservation from the perils insured against in this policy, 13 but not elsewhere. 14 Assignment of this policy shall not be valid except with 15 the written consent of this company. This policy is made and 16 accepted subject to the foregoing provisions and stipulations 17 and those hereinafter stated, which are hereby made a part of 18 this policy, together with such other provisions, stipulations 19 and agreements as may be added hereto, as provided in this 20 policy. 21 IN WITNESS WHEREOF, this company has executed and attested 22 these presents. 23 ........ ........ 24 Secretary. President. 25 SECOND PAGE OF STANDARD FIRE POLICY 26 Concealment —— fraud. This entire policy shall be void 27 if, whether before or after a loss, an insured has willfully 28 concealed or misrepresented any material fact or circumstance 29 concerning this insurance or the subject thereof, or the 30 interest of an insured therein, or in case of any fraud or 31 false swearing by an insured relating thereto. 32 Uninsurable and excepted property. This policy shall not 33 cover accounts, bills, currency, deeds, evidences of debt, 34 money or securities; nor, unless specifically named hereon in 35 -2- LSB 5815XS (4) 88 ec/rn 2/ 8
S.F. 2077 writing, bullion or manuscripts. 1 Perils not included. This company shall not be liable for 2 loss by fire or other perils insured against in this policy 3 caused, directly or indirectly, by: (a) Enemy attack by armed 4 forces, including action taken by military, naval or air forces 5 in resisting an actual or an immediately impending enemy 6 attack; (b) invasion; (c) insurrection; (d) rebellion; (e) 7 revolution; (f) civil war; (g) usurped power; (h) order of any 8 civil authority except acts of destruction at the time of and 9 for the purpose of preventing the spread of fire, provided that 10 such fire did not originate from any of the perils excluded by 11 this policy; (i) neglect of an insured to use all reasonable 12 means to save and preserve the property at and after a loss, 13 or when the property is endangered by fire in neighboring 14 premises; (j) nor shall this company be liable for loss by 15 theft. 16 Other insurance. Other insurance may be prohibited or the 17 amount of insurance may be limited by endorsement attached 18 hereto. 19 Conditions suspending or restricting insurance. Unless 20 otherwise provided in writing added hereto this company shall 21 not be liable for loss occurring under any of the following 22 circumstances: 23 [a] While the hazard is created or increased by any means 24 within the control or knowledge of an insured. 25 [b] While a described building, whether intended for 26 occupancy by owner or tenant, is vacant or unoccupied beyond a 27 period of sixty consecutive days. 28 [c] As a result of explosion or riot, unless fire ensue, and 29 in that event for loss by fire only. 30 Other perils or subjects. Any other peril to be insured 31 against or subject of insurance to be covered in this policy 32 shall be by endorsement in writing hereon or added hereto. 33 Added provisions. The extent of the application of insurance 34 under this policy and of the contribution to be made by this 35 -3- LSB 5815XS (4) 88 ec/rn 3/ 8
S.F. 2077 company in case of loss, and any other provision or agreement 1 not inconsistent with the provisions of this policy, may be 2 provided for in writing added hereto, but no provision may be 3 waived except such as by the terms of this policy is subject to 4 change. 5 Waiver provisions. No permission affecting this insurance 6 shall exist, or waiver of any provision be valid, unless 7 granted herein or expressed in writing added hereto. No 8 provision, stipulation or forfeiture shall be held to be waived 9 by any requirement or proceeding on the part of this company 10 relating to appraisal or to any examination provided for 11 herein. 12 Cancellation of policy. This policy shall be canceled at any 13 time at the request of the insured, in which case this company 14 shall, upon demand and surrender of this policy, refund the 15 excess of paid premium above the customary short rates for the 16 expired time. This policy may be canceled at any time by this 17 company by giving to the insured a five days’ written notice 18 of cancellation with or without tender of the excess of paid 19 premium above the pro rata premium for the expired time, which 20 excess, if not tendered, shall be refunded on demand. Notice 21 of cancellation shall state that said excess premium (if not 22 tendered) will be refunded on demand. 23 Mortgagee interests and obligations. If loss hereunder is 24 made payable, in whole or in part, to a designated mortgagee 25 not named herein as the insured, such interest in this policy 26 may be canceled by giving to such mortgagee a ten days’ written 27 notice of cancellation. 28 If the insured fails to render proof of loss such mortgagee, 29 upon notice, shall render proof of loss in the form herein 30 specified within sixty days thereafter and shall be subject 31 to the provisions hereof relating to appraisal and time of 32 payment and of bringing suit. If this company shall claim 33 that no liability existed as to the mortgagor or owner, it 34 shall, to the extent of payment of loss to the mortgagee, 35 -4- LSB 5815XS (4) 88 ec/rn 4/ 8
S.F. 2077 be subrogated to all the mortgagee’s rights of recovery, but 1 without impairing mortgagee’s right to sue; or it may pay off 2 the mortgage debt and require an assignment thereof and of 3 the mortgage. Other provisions relating to the interests and 4 obligations of such mortgagee may be added hereto by agreement 5 in writing. 6 Pro rata liability. This company shall not be liable for a 7 greater proportion of any loss than the amount hereby insured 8 shall bear to the whole insurance covering the property against 9 the peril involved, whether collectible or not. 10 Requirements in case loss occurs. The insured shall give 11 immediate written notice to this company of any loss, protect 12 the property from further damage, forthwith separate the 13 damaged and undamaged personal property, put it in the best 14 possible order, furnish a complete inventory of the destroyed, 15 damaged and undamaged property, showing in detail quantities, 16 costs, actual cash value and amounts of loss claimed; AND 17 WITHIN SIXTY DAYS AFTER THE LOSS, UNLESS SUCH TIME IS EXTENDED 18 IN WRITING BY THIS COMPANY, THE INSURED SHALL RENDER TO THIS 19 COMPANY A PROOF OF LOSS, signed and sworn to by the insured, 20 stating the knowledge and belief of the insured as to the 21 following: The time and origin of the loss, the interest of 22 the insured and of all others in the property, the actual cash 23 value of each item thereof and the amount of loss thereto, all 24 encumbrances thereon, all other contracts of insurance, whether 25 valid or not, covering any of said property, any changes in the 26 title, use, occupation, location, possession or exposures of 27 said property since the issuing of this policy, by whom and 28 for what purpose any building herein described and the several 29 parts thereof were occupied at the time of loss and whether 30 or not it then stood on leased ground, and shall furnish a 31 copy of all the descriptions and schedules in all policies 32 and, if required, verified plans and specifications of any 33 building, fixtures or machinery destroyed or damaged. The 34 insured, as often as may be reasonably required, shall exhibit 35 -5- LSB 5815XS (4) 88 ec/rn 5/ 8
S.F. 2077 to any person designated by this company all that remains of 1 any property herein described, and submit to examinations 2 under oath by any person named by this company, and subscribe 3 the same; and, as often as may be reasonably required, shall 4 produce for examination all books of account, bills, invoices 5 and other vouchers, or certified copies thereof if originals be 6 lost, at such reasonable time and place as may be designated by 7 this company or its representative, and shall permit extracts 8 and copies thereof to be made. 9 Appraisal. In case the insured and this company shall fail 10 to agree as to the actual cash value or the amount of loss, 11 then, on the written demand of either, each shall select a 12 competent and disinterested appraiser and notify the other of 13 the appraiser selected within twenty days of such demand. The 14 appraisers shall first select a competent and disinterested 15 umpire; and failing for fifteen days to agree upon such umpire, 16 then, on request of the insured or this company, such umpire 17 shall be selected by a judge of a court of record in the state 18 in which the property covered is located. The appraisers shall 19 then appraise the loss, stating separately actual cash value 20 and loss to each item; and, failing to agree, shall submit 21 their differences, only, to the umpire. An award in writing, 22 so itemized, of any two when filed with this company shall 23 determine the amount of actual cash value and loss. Each 24 appraiser shall be paid by the party selecting the appraiser 25 and the expenses of appraisal and umpire shall be paid by the 26 parties equally. 27 Company’s options. It shall be optional with this company 28 to take all, or any part, of the property at the agreed or 29 appraised value, and also to repair, rebuild or replace the 30 property destroyed or damaged with other of like kind and 31 quality within a reasonable time, on giving notice of its 32 intention so to do within thirty days after the receipt of the 33 proof of loss herein required. 34 Abandonment. There can be no abandonment to this company of 35 -6- LSB 5815XS (4) 88 ec/rn 6/ 8
S.F. 2077 any property. 1 When loss payable. The amount of loss for which this 2 company may be liable shall be payable sixty days after proof 3 of loss, as herein provided, is received by this company and 4 ascertainment of the loss is made either by agreement between 5 the insured and this company expressed in writing or by the 6 filing with this company of an award as herein provided. 7 Suit. No suit or action on this policy for the recovery of 8 any claim shall be sustainable in any court of law or equity 9 unless all the requirements of this policy shall have been 10 complied with, and unless commenced within twelve months next 11 after inception of the loss. 12 Subrogation. This company may require from the insured an 13 assignment of all right of recovery against any party for loss 14 to the extent that payment therefor is made by this company. 15 THIRD PAGE OF STANDARD FIRE POLICY 16 ATTACH FORM BELOW THIS LINE 17 FOURTH PAGE OF STANDARD FIRE POLICY 18 STANDARD FIRE INSURANCE POLICY 19 Expires . . . . . . . . . . . . . . . . . . 20 Property . . . . . . . . . . . . . . . . . 21 Amount $ . .. .. .. .. . Total 22 Premium $ . .. .. .. .. 23 . 24 Insured . . . . . . . . . . . . . . . . . . 25 ________________________________________________________________________________________________________________________ 26 SEE INSIDE OF POLICY FOR PERILS COVERED 27 NO. 28 (Space of approximately two (2) inches for use of Agent or 29 Insurer.) 30 (Space of approximately two (2) inches for use of Agent or 31 Insurer.) 32 Sec. 3. Section 714G.1, subsection 6, Code 2020, is amended 33 to read as follows: 34 6. “Normal business hours” means Sunday through Saturday, 35 -7- LSB 5815XS (4) 88 ec/rn 7/ 8
S.F. 2077 between the hours of 6:00 a.m. and 9:30 p.m., central standard 1 time or central daylight saving time. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill establishes daylight saving time as the official 6 time in this state throughout the year. 7 -8- LSB 5815XS (4) 88 ec/rn 8/ 8