Bill Text: IA HF2145 | 2011-2012 | 84th General Assembly | Enrolled

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Bill Title: A bill for an act establishing regulations to permit access to surplus lines insurance in this state, and providing civil and criminal penalties, coordinating provisions, and repeals, and including effective date provisions. Effective 3-29-12.

Spectrum: Committee Bill

Status: (Passed) 2012-03-26 - Sent to Governor. H.J. 643. [HF2145 Detail]

Download: Iowa-2011-HF2145-Enrolled.html

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House File 2145
AN ACT
ESTABLISHING REGULATIONS TO PERMIT ACCESS TO SURPLUS LINES
INSURANCE IN THIS STATE, AND PROVIDING CIVIL AND CRIMINAL
PENALTIES, COORDINATING PROVISIONS, AND REPEALS, AND
INCLUDING EFFECTIVE DATE PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
SURPLUS LINES INSURANCE
Section 1. NEW SECTION . 515I.1 Purpose.
1. The purposes of this chapter are to do all of the
following:
a. Establish a system of regulation which will permit
orderly access to surplus lines insurance in this state.
b. Encourage admitted insurers to make new and innovative
types of insurance available to consumers in this state.
c. Protect persons seeking insurance in this state.
d. Permit surplus lines insurance to be placed with
reputable and financially sound nonadmitted insurers.
e. Provide a system through which persons may independently
procure surplus lines insurance.
f. Protect revenues of this state.
g. Foster a national system of regulation of surplus
lines insurance by collaborating with other state insurance
commissioners.
h. Provide a system which subjects surplus lines insurance
activities in this state to the jurisdiction of the insurance
commissioner and state and federal courts in suits by or on
behalf of the state.
i. Ensure compliance with the federal Nonadmitted and
Reinsurance Reform Act of 2010, Tit. V, subtit. B, of the

House File 2145, p. 2
federal Dodd-Frank Wall Street Reform and Consumer Protection
Act.
2. This division shall be liberally construed to promote
these purposes.
Sec. 2. NEW SECTION . 515I.2 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Admitted insurer” means an insurer licensed to do
insurance business in this state.
2. “Affiliate” means, with respect to an insurer, any entity
that controls, is controlled by, or is under common control
with the insurer.
3. “Affiliated group” means any group of entities that are
affiliates.
4. “Commercial insurance” means insurance for businesses or
professionals.
5. “Commissioner” means the commissioner of insurance, or
the commissioner’s designees.
6. “Control” means either of the following:
a. That an entity directly or indirectly, or acting through
one or more other persons, owns, controls, or has the power
to vote twenty-five percent or more of any class of voting
securities of another entity.
b. That an entity controls in any manner the election of a
majority of the directors or trustees of another entity.
7. “Eligible surplus lines insurer” means either of the
following:
a. A nonadmitted insurer that has filed an application with
the commissioner and been approved for placement of surplus
lines insurance and appears on the Iowa listing of nonadmitted
companies.
b. A nonadmitted insurer domiciled outside of the United
States that is listed on the quarterly listing of alien
insurers maintained by the national association of insurance
commissioners.
8. “Exempt commercial purchaser” means any person purchasing
commercial insurance that, at the time of placement, meets all
of the following requirements:
a. The person employs or retains a qualified risk manager to
negotiate insurance coverage.
b. The person has paid aggregate nationwide commercial
property and casualty insurance premiums in excess of one
hundred thousand dollars in the immediately preceding twelve

House File 2145, p. 3
months.
c. The person meets at least one of the following criteria:
(1) The person possesses a net worth in excess of twenty
million dollars except that beginning on January 1, 2015, and
on January 1 every five years thereafter, this amount shall be
adjusted to reflect the percentage change in the consumer price
index for all urban consumers for the most recent available
five-year period published by the United States department of
labor, bureau of labor statistics.
(2) The person generates annual revenues in excess of fifty
million dollars except that beginning on January 1, 2015, and
on January 1 every five years thereafter, this amount shall be
adjusted to reflect the percentage change in the consumer price
index for all urban consumers for the most recent available
five-year period published by the United States department of
labor, bureau of labor statistics.
(3) The person employs more than five hundred full-time or
full-time equivalent employees per individual insured or is a
member of an affiliated group employing more than one thousand
employees in the aggregate.
(4) The person is a nonprofit organization or public entity
generating annual budgeted expenditures of at least thirty
million dollars except that beginning on January 1, 2015, and
on January 1 every five years thereafter, this amount shall be
adjusted to reflect the percentage change in the consumer price
index for all urban consumers for the most recent available
five-year period published by the United States department of
labor, bureau of labor statistics.
(5) The person is a municipality with a population in excess
of fifty thousand persons.
9. “Home state” means:
a. Except as provided in paragraph “b” , with respect to an
insured either of the following:
(1) The state in which an insured maintains its principal
place of business or, in the case of an individual, the
individual’s principal residence.
(2) If one hundred percent of the insured risk is located
out of the state described in subparagraph (1), the state to
which the greatest percentage of the insured’s taxable premium
for that insurance policy or contract is allocated.
b. If more than one insured from an affiliated group is a
named insured on a single surplus lines insurance policy or
contract, the home state, as determined pursuant to paragraph

House File 2145, p. 4
“a” , subparagraph (1), of the member of the affiliated group
that has the largest percentage of premium attributed to it
under such insurance policy or contract.
10. “Independently procured insurance” means insurance
obtained by a person directly from a nonadmitted insurer.
11. “Insurer” means the same as defined in section 507.1,
subsection 2.
12. “Nonadmitted insurer” means an insurer not licensed to
do insurance business in this state. “Nonadmitted insurer” does
not include a risk retention group as defined in chapter 515E.
13. “Person” means the same as defined in section 507.1,
subsection 2, or any government or governmental entity.
14. “Placement” or “placed” means that an eligible surplus
lines insurer has accepted a premium and issued an insurance
policy or contract for a particular risk.
15. “Premium tax” means the tax imposed by the state on
a contract of insurance equal to the applicable percent, as
provided in section 432.1.
16. “Qualified risk manager” means a person who meets all
of the following requirements:
a. The person is an employee of, or third party consultant
retained by a commercial insurance policyholder.
b. The person provides skilled services in loss prevention,
loss reduction, or risk and insurance coverage analysis, and
purchase of insurance.
c. The person meets one of the following requirements:
(1) The person has a bachelor’s degree from an accredited
college or university in risk management, business
administration, finance, economics, or any other field
determined by the commissioner to demonstrate minimum
competence in risk management; and meets both of the following
requirements:
(a) Has three years of experience in risk financing, claims
administration, loss prevention, risk and insurance coverage
analysis, or purchasing commercial lines of insurance.
(b) Has one of the following designations:
(i) Chartered property and casualty underwriter.
(ii) Associate in risk management.
(iii) Certified risk manager.
(iv) Risk and insurance management society fellow.
(v) Any other designation, certification, or license
determined by the commissioner to demonstrate minimum
competency in risk management.

House File 2145, p. 5
(2) The person has at least seven years of experience in
risk financing, claims administration, loss prevention, risk
and insurance coverage analysis, or purchasing commercial lines
of insurance; and has any one of the designations specified in
subparagraph (1), subparagraph division (b).
(3) The person has at least ten years of experience in risk
financing, claims administration, loss prevention, risk and
insurance coverage analysis, or purchasing commercial lines of
insurance.
(4) The person has a graduate degree from an accredited
college or university in risk management, business
administration, finance, economics, or any other field
determined by the commissioner to demonstrate minimum
competence in risk management.
17. “Surplus lines insurance” means any property and
casualty insurance in this state on properties, risks, or
exposures, located or to be performed in this state, that is
placed through a surplus lines insurance producer with an
eligible surplus lines insurer. For purposes of this chapter
only, “surplus lines insurance” also includes disability
insurance that is in excess of policy limits available from an
admitted insurer.
18. “Surplus lines insurance producer” means a person
licensed pursuant to chapter 522B to sell, solicit, or
negotiate surplus lines insurance.
Sec. 3. NEW SECTION . 515I.3 Placement of surplus lines
insurance business with nonadmitted insurers.
1. Surplus lines insurance may be placed by a surplus lines
insurance producer with a nonadmitted insurer only if all of
the following requirements are met:
a. The proposed nonadmitted insurer is an eligible surplus
lines insurer.
b. The proposed nonadmitted insurer is authorized to write
the type of insurance sought in this state in its domiciliary
jurisdiction.
c. Unless otherwise exempt from this requirement, after a
diligent search the full amount or type of insurance cannot be
obtained from an admitted insurer.
d. All other requirements of this chapter are met.
2. a. In addition to the full amount of gross premiums
charged by the nonadmitted insurer for the insurance on which a
premium tax is imposed for surplus lines insurance for which
the insured’s home state is Iowa, a surplus lines insurance

House File 2145, p. 6
producer shall collect and pay to the state of Iowa the
appropriate amount of premium tax as provided in section 432.1
for surplus lines insurance. The commissioner shall adopt
rules to specify the use of credits or deductions that may be
applied to the premium tax.
b. The tax on any portion of the premium unearned at the
termination of the surplus lines insurance that has been
credited by the state shall be returned to the policyholder
directly by the surplus lines insurance producer. The surplus
lines insurance producer is prohibited from rebating, for any
reason, any part of the tax.
3. This section shall not apply to a person properly
licensed as an insurance producer, who, for a fee and pursuant
to a written agreement, is engaged solely to offer advice,
counsel, opinion, or service to an insured with respect to
the benefits, advantages, or disadvantages promised under
any proposed or in-force policy of insurance if the person
does not, directly or indirectly, participate in the sale,
solicitation, or negotiation of insurance on behalf of the
insured.
4. Insurance placed under this section shall be valid and
enforceable as to all parties.
Sec. 4. NEW SECTION . 515I.4 Requirements for eligible
surplus lines insurers.
1. When this state is the home state of the insured, a
nonadmitted insurer shall not place any surplus lines insurance
business in this state unless the insurer has been approved
for such activity by the commissioner. A nonadmitted insurer
seeking to qualify as an eligible surplus lines insurer shall
submit a request to so qualify in a form and format as directed
by the commissioner which demonstrates all of the following:
a. Capital and surplus or its equivalent under the laws of
the insurer’s domiciliary jurisdiction which equals the greater
of either of the following:
(1) The minimum capital and surplus requirements under the
laws of this state.
(2) Fifteen million dollars.
b. Evidence that the nonadmitted insurer is in good standing
with its domiciliary regulator.
2. The commissioner may waive the requirements of this
section or set specific requirements on a case-by-case
basis upon an affirmative finding of acceptability by
the commissioner that the placement of insurance with the

House File 2145, p. 7
nonadmitted insurer is necessary and will not be detrimental
to the public and to policyholders. In determining whether
business may be placed with a nonadmitted insurer, the
commissioner shall consider all of the following:
a. The interests of the public and policyholders.
b. The length of time the insurer has been licensed to
do insurance business in its domiciliary jurisdiction and
elsewhere.
c. The unavailability of particular coverages from other
admitted insurers or eligible surplus lines insurers in this
state.
d. The size of the nonadmitted insurer as measured by
the insurer’s assets, capital and surplus, reserves, premium
writings, insurance in force, or other appropriate criteria.
e. The kinds of business the nonadmitted insurer writes, the
insurer’s net exposure, and the extent to which the insurer’s
business is diversified among several lines of insurance and
geographic locations.
f. The past and projected trend in the size of the
nonadmitted insurer’s capital and surplus considering such
factors as premium growth, operating history, loss and expense
ratios, or other appropriate criteria.
3. Eligible surplus lines insurers shall not be required to
file or seek approval of their forms and rates.
Sec. 5. NEW SECTION . 515I.5 Duties of surplus lines
insurance producers.
1. A surplus lines insurance producer shall not issue
or deliver any evidence of insurance or purport to insure
or represent that insurance will be or has been written by
an eligible surplus lines insurer, unless the producer has
authority from the insurer to bind the risk to be insured, or
has received information from the insurer in the regular course
of business that the coverage has been granted.
2. Upon placement of surplus lines insurance, the surplus
lines insurance producer shall promptly deliver to the insured
the policy or contract, or if the policy or contract is not
then available, a certificate cover note, binder, or other
evidence of insurance. The certificate cover note, binder,
or other evidence of insurance shall contain information as
specified by the commissioner by rule.
3. As soon as is reasonably possible after the placement
of the insurance, the surplus lines insurance producer shall
deliver a copy of the policy or contract or, if not available,

House File 2145, p. 8
a certificate of insurance to the insured to replace any
evidence of insurance previously issued. Each policy or
contract or certificate of insurance shall contain or have
attached a complete record of all policy or contract insuring
agreements, conditions, exclusions, clauses, endorsements, or
any other material facts that would regularly be included in
the policy or contract.
4. If, after delivery of any evidence of insurance, there
is any change in the identity of the eligible surplus lines
insurer, or the proportion of the risk assumed by such insurer,
or any other material change in coverage as stated in the
original evidence of insurance, or in any other material change
as to the insurance coverage so evidenced, the surplus lines
insurance producer shall promptly issue and deliver to the
insured an appropriate substitute for, or endorsement of the
original document, accurately showing the current status of
the coverage and the surplus lines insurer responsible for the
coverage.
5. Each surplus lines insurance producer shall keep a
full and true record of each surplus lines insurance policy
or contract placed by an eligible surplus lines insurer and
issued or delivered by that person which covers risks wholly
or partly located or to be performed in this state. These
records and any other records deemed reasonably necessary by
the commissioner shall be made available to the commissioner
for examination upon request. Records shall be maintained for
a period of not less than five years following termination of
the surplus lines insurance policy or contract.
6. A surplus lines insurance producer shall file a report
and remit all premium taxes due to this state for all surplus
lines insurance placed by an eligible surplus lines insurer and
issued or delivered by that person during the reporting period
established by the commissioner. The specific requirements
for the timing of and content of the report and the manner of
filing shall be specified by the commissioner by rule.
Sec. 6. NEW SECTION . 515I.6 Actions against eligible
surplus lines insurers.
An eligible surplus lines insurer may be sued upon a cause of
action arising in this state under a surplus lines insurance
policy or contract placed by the insurer or upon evidence of
insurance placed by the insurer and issued or delivered in
this state by a surplus lines insurance producer. A policy
or contract issued by an eligible surplus lines insurer shall

House File 2145, p. 9
contain a provision stating the substance of this section and
designating the person upon whom service of process can be made
on behalf of the insurer.
Sec. 7. NEW SECTION . 515I.7 Effect of payment to surplus
lines insurance producer.
A payment of premium to a surplus lines insurance producer
acting for a person other than the producer in procuring,
continuing, or renewing any policy or contract of surplus lines
insurance procured under this chapter shall be deemed to be
payment to the eligible surplus lines insurer, notwithstanding
any other conditions or stipulations that are inserted in the
policy or contract of insurance.
Sec. 8. NEW SECTION . 515I.8 Referrals to surplus lines
insurance producers.
A surplus lines insurance producer may accept referrals
to place surplus lines insurance from any other licensed
insurance producer and the surplus lines insurance producer may
compensate the referring insurance producer for the referral.
Sec. 9. NEW SECTION . 515I.9 Exempt commercial purchasers.
A surplus lines insurance producer seeking to procure or
place surplus lines insurance in this state for an exempt
commercial purchaser is not required to make a diligent search
to determine whether the full amount or type of insurance
sought by such exempt commercial purchaser can be obtained from
an admitted insurer if both of the following requirements are
met:
1. The surplus lines insurance producer has disclosed
to the exempt commercial purchaser that such insurance may
be available from an admitted insurer that may provide the
purchaser with greater protection and with more regulatory
oversight.
2. The exempt commercial purchaser has subsequently
requested in writing that the surplus lines insurance producer
place such insurance with an eligible surplus lines insurer.
Sec. 10. NEW SECTION . 515I.10 Independently procured
surplus lines insurance —— premium tax —— penalty.
1. When this state is the home state of the insured, a
person who directly procures, continues, or renews a surplus
lines insurance policy or contract independently and without
using a surplus lines insurance producer on properties,
risks, or exposures located or to be performed in whole or in
part in this state shall file a written report regarding the
transaction with the commissioner, in a manner and method as

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directed by the commissioner by rule.
2. When this state is the home state of the insured,
each person who has independently procured a surplus lines
insurance policy or contract shall pay a premium tax at a
rate appropriate to the amount of premium tax equal to the
applicable percent, as provided in section 432.1. The tax
shall be remitted via a method and schedule and in a manner as
directed by the commissioner by rule.
3. The commissioner may assess a penalty of one percent of
the delinquent amount of taxes owed per month as specified in
section 507A.9.
Sec. 11. NEW SECTION . 515I.11 Violations and penalties.
1. The commissioner may, after notice and a hearing, declare
a surplus lines insurer ineligible to place surplus lines
insurance in the state if at any time the commissioner has
reason to believe that a surplus lines insurer meets any of the
following conditions:
a. Is in unsound financial condition or has acted in an
untrustworthy manner.
b. No longer meets the standards set forth in this chapter.
c. Has willfully violated the laws of this state.
d. Does not conduct its claims settlement practices in a
fair and reasonable manner.
e. Has committed an unfair or deceptive insurance trade
practice under chapter 507B.
2. The commissioner may suspend, revoke, or refuse to renew
the license of a surplus lines insurance producer or impose any
sanction or penalty allowed under chapter 507B after notice and
hearing for one or more of the following grounds:
a. Removal of the resident surplus lines insurance
producer’s principal place of business from this state without
notice to the commissioner.
b. Removal of the resident surplus lines insurance
producer’s office accounts and records from this state during
the period for which the accounts and records are required to
be maintained.
c. Closure of the surplus lines insurance producer’s
office for a period of more than thirty business days, unless
permission is granted by the commissioner.
d. Failure to file required reports with the commissioner
or the commissioner’s designee.
e. Failure to remit surplus lines insurance premium taxes to
this state as directed by the commissioner.

House File 2145, p. 11
f. Violating any provision of this chapter.
g. For any cause for which an insurance producer license
could be denied, revoked, or suspended, or renewal refused or a
civil penalty imposed under chapter 522B.
3. The commissioner may initiate an administrative
proceeding against a surplus lines insurance producer for the
collection of unpaid premium taxes. The commissioner may
assess a penalty of one percent of the delinquent amount of
taxes owed per month as specified in section 507A.9 and any
other penalties allowed by law.
4. A person that represents or aids a nonadmitted insurer
in violation of this chapter shall be subject to criminal
penalties as set forth in section 507A.10.
Sec. 12. NEW SECTION . 515I.12 Cease and desist orders ——
civil and criminal penalties.
1. Upon a determination by the commissioner, after a
hearing conducted pursuant to chapter 17A, that a surplus lines
insurance producer, an eligible surplus lines insurer, or a
nonadmitted insurer has violated a provision of this chapter,
the commissioner shall reduce the findings of the hearing to
writing and deliver a copy of the findings to the producer
or insurer. The commissioner may issue an order requiring
the producer or insurer to cease and desist from engaging in
the conduct resulting in the violation and may assess a civil
penalty of not more than fifty thousand dollars against the
producer or insurer.
2. a. Upon a determination by the commissioner that a
surplus lines insurance producer, an eligible surplus lines
insurer, or a nonadmitted insurer has engaged, is engaging,
or is about to engage in any act or practice constituting a
violation of this chapter or a rule adopted or order issued
under this chapter, the commissioner may issue a summary order,
including a brief statement of findings of fact, conclusions
of law, and policy reasons for the decision, and directing the
producer or insurer to cease and desist from engaging in the
act or practice or to take other affirmative action as is in
the judgment of the commissioner necessary to comply with the
requirements of this chapter.
b. A surplus lines insurance producer, an eligible surplus
lines insurer, or a nonadmitted insurer to whom a summary order
has been issued under this subsection may contest the order by
filing a request for a contested case proceeding and hearing as
provided in chapter 17A and in accordance with rules adopted by

House File 2145, p. 12
the commissioner. However, the producer or insurer shall have
at least thirty days from the date that the order is issued in
order to file the request. Section 17A.18A is inapplicable to
a summary order issued under this subsection. If a hearing
is not timely requested, the summary order becomes final by
operation of law. The order shall remain effective from the
date of issuance until the date the order becomes final by
operation of law or is overturned by a presiding officer or
court following a request for hearing.
c. A surplus lines insurance producer, an eligible surplus
lines insurer, or a nonadmitted insurer violating a summary
order issued under this subsection shall be deemed in contempt
of that order. The commissioner may petition the district
court to enforce the order as certified by the commissioner.
The district court shall find the producer or insurer in
contempt of the order if the court finds after hearing that
the producer or insurer is not in compliance with the order.
The court may assess a civil penalty against the producer or
insurer and may issue further orders as it deems appropriate.
3. A person acting as a surplus lines insurance producer,
an eligible surplus lines insurer, or nonadmitted insurer who
willfully violates any provision of this chapter, or any rule
adopted or order issued under this chapter, is guilty of a
class “D” felony.
4. A person acting as a surplus lines insurance producer,
an eligible surplus lines insurer, or nonadmitted insurer who
willfully violates any provision of this chapter, or any rule
adopted or order issued under this chapter, when such violation
results in a loss of more than ten thousand dollars, is guilty
of a class “C” felony.
5. The commissioner may refer such evidence as is available
concerning violations of this chapter or of any rule adopted
or order issued under this chapter, or of the failure of a
person to comply with the licensing requirements of chapter
522B, to the attorney general or the proper county attorney who
may, with or without such reference, institute the appropriate
criminal proceedings under this chapter.
6. This chapter does not limit the power of the state to
punish any person for any conduct that constitutes a crime
under any other statute.
Sec. 13. NEW SECTION . 515I.13 Insurance policy or contract
remains valid.
A policy or contract of insurance issued or delivered by an

House File 2145, p. 13
eligible surplus lines insurer or a nonadmitted insurer which
is otherwise valid and contains a condition or provision not
in compliance with the requirements of this chapter is not
thereby rendered invalid but shall be construed and applied in
accordance with the conditions and provisions which would have
applied had the policy or contract been issued or delivered in
full compliance with this chapter.
Sec. 14. NEW SECTION . 515I.13A Scope of operation.
This chapter applies only to transactions when this state is
the home state of the applicant or the insured.
Sec. 15. NEW SECTION . 515I.14 Severability.
If any provision of this chapter, or the application of the
provision of this chapter to any person or circumstance, is
held invalid, the remainder of the chapter and the application
of the provision to persons or circumstances other than those
as to which it is held invalid, shall not be affected by that
holding.
Sec. 16. NEW SECTION . 515I.15 Rulemaking authority.
The commissioner shall adopt rules pursuant to chapter 17A
to implement the purposes of this chapter.
DIVISION II
COORDINATING PROVISIONS
Sec. 17. Section 432.1, subsection 3, Code 2011, is amended
to read as follows:
3. The applicable percent, as provided in subsection 4 , of
the gross amount of premiums written, and assessments and fees
received during the preceding calendar year by every company
or association other than life on contracts of insurance other
than life for business done in this state, including all
insurance upon property situated in this state except surplus
lines insurance , after deducting the amounts returned upon
canceled policies, certificates, and rejected applications
but not including the gross premiums written, and assessments
and fees received in connection with ocean marine insurance
authorized in section 515.48 . For surplus lines insurance,
the applicable percent, as provided in subsection 4, shall be
calculated on the amount of premiums written on surplus lines
insurance policies where the home state of the insured, as
defined in chapter 515I, is Iowa.
Sec. 18. Section 507A.4, subsection 1, Code Supplement
2011, is amended to read as follows:
1. The lawful transaction of surplus lines insurance as
permitted by sections 515.120 through 515.122 chapter 515I .

House File 2145, p. 14
Sec. 19. Section 515E.9, Code 2011, is amended to read as
follows:
515E.9 Purchasing group restrictions.
A purchasing group shall not purchase insurance from an
insurer not admitted in this state unless the purchase is
effected through a duly licensed agent or broker insurance
producer acting pursuant to sections 515.120 through 515.122
chapter 515I .
Sec. 20. Section 522B.6, subsection 2, paragraph g, Code
2011, is amended to read as follows:
g. Excess and surplus lines insurance provided by certain
nonadmitted insurers pursuant to section 515.120 chapter 515I .
Sec. 21. REPEAL. Sections 515.120 through 515.122, Code and
Code Supplement 2011, are repealed.
Sec. 22. EFFECTIVE UPON ENACTMENT. This Act, being deemed
of immediate importance, takes effect upon enactment.
______________________________
KRAIG PAULSEN
Speaker of the House
______________________________
JOHN P. KIBBIE
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 2145, Eighty-fourth General Assembly.
______________________________
W. CHARLES SMITHSON
Chief Clerk of the House
Approved _______________, 2012
______________________________
TERRY E. BRANSTAD
Governor