Bill Text: IA HF71 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act establishing daylight saving time as the official time in this state throughout the year.

Spectrum: Moderate Partisan Bill (Republican 8-1)

Status: (Introduced) 2019-01-31 - Subcommittee recommends passage. [HF71 Detail]

Download: Iowa-2019-HF71-Introduced.html
House File 71 - Introduced HOUSE FILE 71 BY SEXTON , KAUFMANN , WILLS , FISHER , A. MEYER , SORENSEN , KLEIN , JONES , and MAXWELL 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 1776HH (3) 88 ec/rn
H.F. 71 Section 1. Section 1D.1, Code 2019, 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 2019, 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 1776HH (3) 88 ec/rn 1/ 8
H.F. 71 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; but this policy shall not be valid unless 23 countersigned by the duly authorized agent of this company at 24 ...... 25 ........ ........ 26 Secretary. President. 27 Countersigned this .... 28 day of ...... (month), ... (year). 29 ........ 30 Agent. 31 SECOND PAGE OF STANDARD FIRE POLICY 32 Concealment —— fraud. This entire policy shall be void 33 if, whether before or after a loss, an insured has willfully 34 concealed or misrepresented any material fact or circumstance 35 -2- LSB 1776HH (3) 88 ec/rn 2/ 8
H.F. 71 concerning this insurance or the subject thereof, or the 1 interest of an insured therein, or in case of any fraud or 2 false swearing by an insured relating thereto. 3 Uninsurable and excepted property. This policy shall not 4 cover accounts, bills, currency, deeds, evidences of debt, 5 money or securities; nor, unless specifically named hereon in 6 writing, bullion or manuscripts. 7 Perils not included. This company shall not be liable for 8 loss by fire or other perils insured against in this policy 9 caused, directly or indirectly, by: (a) Enemy attack by armed 10 forces, including action taken by military, naval or air forces 11 in resisting an actual or an immediately impending enemy 12 attack; (b) invasion; (c) insurrection; (d) rebellion; (e) 13 revolution; (f) civil war; (g) usurped power; (h) order of any 14 civil authority except acts of destruction at the time of and 15 for the purpose of preventing the spread of fire, provided that 16 such fire did not originate from any of the perils excluded by 17 this policy; (i) neglect of an insured to use all reasonable 18 means to save and preserve the property at and after a loss, 19 or when the property is endangered by fire in neighboring 20 premises; (j) nor shall this company be liable for loss by 21 theft. 22 Other insurance. Other insurance may be prohibited or the 23 amount of insurance may be limited by endorsement attached 24 hereto. 25 Conditions suspending or restricting insurance. Unless 26 otherwise provided in writing added hereto this company shall 27 not be liable for loss occurring under any of the following 28 circumstances: 29 [a] While the hazard is created or increased by any means 30 within the control or knowledge of an insured. 31 [b] While a described building, whether intended for 32 occupancy by owner or tenant, is vacant or unoccupied beyond a 33 period of sixty consecutive days. 34 [c] As a result of explosion or riot, unless fire ensue, and 35 -3- LSB 1776HH (3) 88 ec/rn 3/ 8
H.F. 71 in that event for loss by fire only. 1 Other perils or subjects. Any other peril to be insured 2 against or subject of insurance to be covered in this policy 3 shall be by endorsement in writing hereon or added hereto. 4 Added provisions. The extent of the application of insurance 5 under this policy and of the contribution to be made by this 6 company in case of loss, and any other provision or agreement 7 not inconsistent with the provisions of this policy, may be 8 provided for in writing added hereto, but no provision may be 9 waived except such as by the terms of this policy is subject to 10 change. 11 Waiver provisions. No permission affecting this insurance 12 shall exist, or waiver of any provision be valid, unless 13 granted herein or expressed in writing added hereto. No 14 provision, stipulation or forfeiture shall be held to be waived 15 by any requirement or proceeding on the part of this company 16 relating to appraisal or to any examination provided for 17 herein. 18 Cancellation of policy. This policy shall be canceled at any 19 time at the request of the insured, in which case this company 20 shall, upon demand and surrender of this policy, refund the 21 excess of paid premium above the customary short rates for the 22 expired time. This policy may be canceled at any time by this 23 company by giving to the insured a five days’ written notice 24 of cancellation with or without tender of the excess of paid 25 premium above the pro rata premium for the expired time, which 26 excess, if not tendered, shall be refunded on demand. Notice 27 of cancellation shall state that said excess premium (if not 28 tendered) will be refunded on demand. 29 Mortgagee interests and obligations. If loss hereunder is 30 made payable, in whole or in part, to a designated mortgagee 31 not named herein as the insured, such interest in this policy 32 may be canceled by giving to such mortgagee a ten days’ written 33 notice of cancellation. 34 If the insured fails to render proof of loss such mortgagee, 35 -4- LSB 1776HH (3) 88 ec/rn 4/ 8
H.F. 71 upon notice, shall render proof of loss in the form herein 1 specified within sixty days thereafter and shall be subject 2 to the provisions hereof relating to appraisal and time of 3 payment and of bringing suit. If this company shall claim 4 that no liability existed as to the mortgagor or owner, it 5 shall, to the extent of payment of loss to the mortgagee, 6 be subrogated to all the mortgagee’s rights of recovery, but 7 without impairing mortgagee’s right to sue; or it may pay off 8 the mortgage debt and require an assignment thereof and of 9 the mortgage. Other provisions relating to the interests and 10 obligations of such mortgagee may be added hereto by agreement 11 in writing. 12 Pro rata liability. This company shall not be liable for a 13 greater proportion of any loss than the amount hereby insured 14 shall bear to the whole insurance covering the property against 15 the peril involved, whether collectible or not. 16 Requirements in case loss occurs. The insured shall give 17 immediate written notice to this company of any loss, protect 18 the property from further damage, forthwith separate the 19 damaged and undamaged personal property, put it in the best 20 possible order, furnish a complete inventory of the destroyed, 21 damaged and undamaged property, showing in detail quantities, 22 costs, actual cash value and amounts of loss claimed; AND 23 WITHIN SIXTY DAYS AFTER THE LOSS, UNLESS SUCH TIME IS EXTENDED 24 IN WRITING BY THIS COMPANY, THE INSURED SHALL RENDER TO THIS 25 COMPANY A PROOF OF LOSS, signed and sworn to by the insured, 26 stating the knowledge and belief of the insured as to the 27 following: The time and origin of the loss, the interest of 28 the insured and of all others in the property, the actual cash 29 value of each item thereof and the amount of loss thereto, all 30 encumbrances thereon, all other contracts of insurance, whether 31 valid or not, covering any of said property, any changes in the 32 title, use, occupation, location, possession or exposures of 33 said property since the issuing of this policy, by whom and 34 for what purpose any building herein described and the several 35 -5- LSB 1776HH (3) 88 ec/rn 5/ 8
H.F. 71 parts thereof were occupied at the time of loss and whether 1 or not it then stood on leased ground, and shall furnish a 2 copy of all the descriptions and schedules in all policies 3 and, if required, verified plans and specifications of any 4 building, fixtures or machinery destroyed or damaged. The 5 insured, as often as may be reasonably required, shall exhibit 6 to any person designated by this company all that remains of 7 any property herein described, and submit to examinations 8 under oath by any person named by this company, and subscribe 9 the same; and, as often as may be reasonably required, shall 10 produce for examination all books of account, bills, invoices 11 and other vouchers, or certified copies thereof if originals be 12 lost, at such reasonable time and place as may be designated by 13 this company or its representative, and shall permit extracts 14 and copies thereof to be made. 15 Appraisal. In case the insured and this company shall fail 16 to agree as to the actual cash value or the amount of loss, 17 then, on the written demand of either, each shall select a 18 competent and disinterested appraiser and notify the other of 19 the appraiser selected within twenty days of such demand. The 20 appraisers shall first select a competent and disinterested 21 umpire; and failing for fifteen days to agree upon such umpire, 22 then, on request of the insured or this company, such umpire 23 shall be selected by a judge of a court of record in the state 24 in which the property covered is located. The appraisers shall 25 then appraise the loss, stating separately actual cash value 26 and loss to each item; and, failing to agree, shall submit 27 their differences, only, to the umpire. An award in writing, 28 so itemized, of any two when filed with this company shall 29 determine the amount of actual cash value and loss. Each 30 appraiser shall be paid by the party selecting the appraiser 31 and the expenses of appraisal and umpire shall be paid by the 32 parties equally. 33 Company’s options. It shall be optional with this company 34 to take all, or any part, of the property at the agreed or 35 -6- LSB 1776HH (3) 88 ec/rn 6/ 8
H.F. 71 appraised value, and also to repair, rebuild or replace the 1 property destroyed or damaged with other of like kind and 2 quality within a reasonable time, on giving notice of its 3 intention so to do within thirty days after the receipt of the 4 proof of loss herein required. 5 Abandonment. There can be no abandonment to this company of 6 any property. 7 When loss payable. The amount of loss for which this 8 company may be liable shall be payable sixty days after proof 9 of loss, as herein provided, is received by this company and 10 ascertainment of the loss is made either by agreement between 11 the insured and this company expressed in writing or by the 12 filing with this company of an award as herein provided. 13 Suit. No suit or action on this policy for the recovery of 14 any claim shall be sustainable in any court of law or equity 15 unless all the requirements of this policy shall have been 16 complied with, and unless commenced within twelve months next 17 after inception of the loss. 18 Subrogation. This company may require from the insured an 19 assignment of all right of recovery against any party for loss 20 to the extent that payment therefor is made by this company. 21 THIRD PAGE OF STANDARD FIRE POLICY 22 ATTACH FORM BELOW THIS LINE 23 FOURTH PAGE OF STANDARD FIRE POLICY 24 STANDARD FIRE INSURANCE POLICY 25 Expires . . . . . . . . . . . . . . . . . . 26 Property . . . . . . . . . . . . . . . . . 27 Amount $ . . . . . . . . . . Total 28 Premium $ . . . . . . 29 . . . . 30 Insured . . . . . . . . . . . . . . . . . . 31 ____________________________________________________________ 32 SEE INSIDE OF POLICY FOR PERILS COVERED 33 -7- LSB 1776HH (3) 88 ec/rn 7/ 8
H.F. 71 NO. 1 (Space of approximately two (2) inches for use of Agent or 2 Insurer.) 3 (Space of approximately two (2) inches for use of Agent or 4 Insurer.) 5 Sec. 3. Section 714G.1, subsection 6, Code 2019, is amended 6 to read as follows: 7 6. “Normal business hours” means Sunday through Saturday, 8 between the hours of 6:00 a.m. and 9:30 p.m., central standard 9 time or central daylight saving time. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill establishes daylight saving time as the official 14 time in this state throughout the year. 15 -8- LSB 1776HH (3) 88 ec/rn 8/ 8
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