HF 164 (LSB 2188YH (1) 89)

HOUSE FILE 164

BY  NORDMAN

A BILL FOR

An Act relating to the inclusion of the value of child restraint systems in the partial loss calculation for specified insurance settlements of first-party automobile partial losses and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  507B.4D  Automobile partial loss settlements —— child restraint systems.

   1.  If an automobile insurance policy provides for the settlement of a first-party automobile partial loss, a person shall include the value of any child restraint system that is located in an automobile at the time the automobile is subject to a partial loss that equals or exceeds five thousand dollars in damage. For purposes of this section, “automobile” has the same meaning as defined in section 321.1, subsection 42, paragraph “d”, and “child restraint system” has the same meaning as defined in section 321.446, subsection 7.
   2.  The commissioner of insurance shall adopt rules pursuant to chapter 17A as necessary to administer this section.
    Sec. 2.  APPLICABILITY.  This Act applies to first-party automobile partial losses for automobiles that are subject to a partial loss occurring on or after July 1, 2021.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the inclusion of the value of child restraint systems in the partial loss calculation for insurance settlements of first-party automobile partial losses. The bill requires a person to include the value of any child restraint systems that are located in an automobile at the time the automobile is subject to a partial loss that equals or exceeds $5,000 in damage. “Automobile” is defined in the bill as a motor vehicle designed primarily for carrying nine passengers or less, excluding motorcycles and motorized bicycles. The bill defines “child restraint system” as a specially designed seating system, including a belt-positioning seat or a booster seat, that meets federal motor vehicle safety standards set forth in 49 C.F.R. §571.213.
   The bill applies to first-party automobile partial losses for automobiles that are subject to a partial loss occurring on or after July 1, 2021.