Senate Amendment to House File 504 H-1321 Amend House File 504, as passed by the House, as 1 follows: 2 < 1. Page 1, line 3, by striking < 2. Subject > and 3 inserting < 2. a. Subject > 4 2. Page 1, line 10, by striking < A notice > and 5 inserting: 6 < b. A notice > 7 3. Page 1, by striking lines 12 and 13 and 8 inserting < by electronic means unless the notice is 9 sent and received as required pursuant to section 10 554D.117 in a manner that is verifiable and is 11 approved by the commissioner by rules adopted 12 pursuant to chapter 17A. Delivery of a notice or 13 document by electronic means in a manner that meets 14 the requirements of chapter 554D and this chapter, 15 and in a manner that is verifiable and is approved 16 by the commissioner by rule, may be used in lieu 17 of delivery by mail. Nothing in this section shall 18 prohibit the delivery of a courtesy copy of a notice of 19 cancellation, nonrenewal, or termination by electronic 20 means even if the manner of electronic delivery has not 21 been approved by the commissioner by rule if both of 22 the following requirements are met: 23 (1) The notice of cancellation, nonrenewal, or 24 termination is properly delivered by mail as provided 25 by law. 26 (2) The requirements of subsection 4 are 27 satisfied. > 28 4. Page 1, by striking lines 14 through 22 and 29 inserting: 30 < Sec. ___. Section 505B.1, subsection 4, paragraph 31 b, subparagraphs (1), (2), (3), and (4), Code 2015, are 32 amended to read as follows: 33 (1) Any The right or option of the party to have 34 the notice or document provided or made available in 35 paper or another nonelectronic form. 36 (2) The right of the party to withdraw consent to 37 have a notice or document delivered by electronic means 38 and any fees, conditions , or consequences imposed in 39 the event consent is withdrawn. 40 (3) Whether the party’s consent applies as follows: 41 (a) Only to the particular transaction as to which 42 the notice or document must be provided. 43 (b) To notices of cancellation, nonrenewal, or 44 termination. 45 (b) (c) To other identified categories of notices 46 or documents that may be delivered by electronic means 47 during the course of the parties’ relationship. 48 (4) (a) The means, after consent is given, by 49 which a party may obtain a paper copy of a notice or 50 -1- HF504.1835.S (1) 86 jh 1/ 2

document delivered by electronic means. 1 (b) The fee, if any, for the paper copy. 2 Sec. ___. Section 505B.1, subsection 4, paragraph 3 d, subparagraph (1), subparagraph division (b), Code 4 2015, is amended to read as follows: 5 (b) The right of the party to withdraw consent 6 without the imposition of any fee, condition , or 7 consequence that was not disclosed under paragraph “b” , 8 subparagraph (2). > 9 5. Page 1, by striking lines 23 through 28. 10 6. Page 2, by striking lines 27 through 32 and 11 inserting: 12 < NEW SUBSECTION . 11A. It shall be the exclusive 13 responsibility of an insurer to satisfy the 14 requirements of this section and to deliver any notice 15 or document sent to a party pursuant to this section. > 16 7. Page 4, after line 11 by inserting: 17 < Sec. ___. Section 522B.11, subsection 7, paragraph 18 e, Code 2015, is amended by striking the paragraph and 19 inserting in lieu thereof the following: 20 e. An insurance producer owes any duties and 21 responsibilities referred to in this subsection only 22 to the policy owner, a person in privity of contract 23 with the insurance producer, and the principal in an 24 agency relationship with the insurance producer. If a 25 person to whom an insurance producer owes duties and 26 responsibilities is deceased or incapacitated, a direct 27 and specifically identified beneficiary referenced 28 in a written instrument required by the insurer and 29 delivered to the insurance producer prior to the death 30 or incapacity may enforce the insurance producer’s 31 duties and responsibilities. An insurance producer 32 does not owe any duty or responsibility to a person who 33 was a direct and specifically identified beneficiary if 34 the policy owner changes the beneficiary in the manner 35 required by the policy or contract to remove the person 36 as a beneficiary. > 37 8. Title page, line 1, after < to > by inserting 38 < insurance, including > 39 9. Title page, line 2, after < documents > by 40 inserting < and to certain duties, responsibilities, and 41 liabilities of insurance producers > 42 10. By renumbering as necessary. 43 -2- HF504.1835.S (1) 86 jh 2/ 2 #5. #6. #7. #8. #9.