General Assembly: 87 (2018 Regular GA) - Chapter 1145 - Municipal risk protection

Published: 2018-05-16

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S.F. 2400

AN ACT relating to municipal risk protection and the classification of library districts as municipalities for the purpose of joining a local government risk pool and including effective date provisions.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 670.7, subsection 1, Code 2018, is amended to read as follows: 1. The governing body of a municipality may purchase a policy of liability insurance

insuring against all or any part of liability which might be incurred by the municipality or its officers, employees, and agents under section 670.2 and section 670.8 and may similarly purchase insurance covering torts specified in section 670.4. The governing body of a municipality may adopt a self-insurance program, including but not limited to the investigation and defense of claims, the establishment of a reserve fund for claims, the payment of claims, and the administration and management of the self-insurance program, to cover all or any part of the liability. The governing body of a municipality may join and pay funds into a local government risk pool to protect itself the municipality against any or all liability, loss of property, or any other risk associated with the operation of the municipality. The governing body of a municipality may enter into insurance agreements obligating the municipality to make payments beyond its current budget year to provide or procure the policies of insurance, self-insurance program, or local government risk pool. The premium costs of the insurance, the costs of a self-insurance program, the costs of a local government risk pool, and the amounts payable under the insurance agreements may be paid out of the general fund or any available funds or may be levied in excess of any tax limitation imposed by statute. However, for school districts, the costs shall be included in the district management levy as provided in section 296.7 if the district has certified a district management levy. If the district has not certified a district management levy, the cost shall be paid from the general fund. Any independent or autonomous board or commission in the municipality having authority to disburse funds for a particular municipal function without approval of the governing body may similarly enter into insurance agreements, procure liability insurance, adopt a self-insurance program, or join a local government risk pool within the field of its operation.

Sec. 2. Section 670.7, subsection 4, Code 2018, is amended to read as follows: 4. The association of Iowa fairs or a fair as defined in section 174.1 and a library district

established pursuant to section 336.2 shall each be deemed to be a municipality as defined in this chapter only for the purpose of joining a local government risk pool as provided in this section.

Sec. 3. EFFECTIVEDATE. This Act, being deemed of immediate importance, takes effect upon enactment.

Approved May 16, 2018

Thu Sep 27 13:44:13 2018 1/ 1