Senate Study Bill 3215





                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED DEPARTMENT OF
                                            COMMERCE/INSURANCE DIVISION
                                            BILL)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to various matters under the purview of the
  2    insurance division of the department of commerce including the
  3    securities and regulated industries bureau, insurance premium
  4    taxes, the uniform securities Act, insurance division
  5    procedures, regulation of insurance companies and other
  6    entities including administrative penalties, motor vehicle
  7    service contracts, county and state mutual insurance
  8    associations, reciprocal or interinsurance insurers,
  9    consolidation, merger and reinsurance contracts, insurance
 10    holding company systems, and cemeteries.
 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
 12 TLSB 5363DP 81
 13 av/cf/24

PAG LIN



  1  1    Section 1.  Section 11.6, subsection 1, paragraph b,
  1  2 subparagraph (6), Code Supplement 2005, is amended to read as
  1  3 follows:
  1  4    (6)  A joint investment trust organized pursuant to chapter
  1  5 28E shall file the audit reports required by this chapter with
  1  6 the administrator of the securities and regulated industries
  1  7 bureau of the insurance division of the department of commerce
  1  8 within ten days of receipt from the auditor.  The auditor of a
  1  9 joint investment trust shall provide written notice to the
  1 10 administrator of the time of delivery of the reports to the
  1 11 joint investment trust.
  1 12    Sec. 2.  Section 22.7, Code Supplement 2005, is amended by
  1 13 adding the following new subsections:
  1 14    NEW SUBSECTION.  52.  Information obtained and prepared by
  1 15 the commissioner of insurance pursuant to section 507.14.
  1 16    NEW SUBSECTION.  53.  Information obtained and prepared by
  1 17 the commissioner of insurance pursuant to section 507E.5.
  1 18    Sec. 3.  Section 432.1, subsection 3, Code Supplement 2005,
  1 19 is amended to read as follows:
  1 20    3.  The applicable percent, as provided in subsection 4, of
  1 21 the gross amount of premiums, assessments, and fees received
  1 22 during the preceding calendar year by every company or
  1 23 association other than life on contracts of insurance other
  1 24 than life for business done in this state, including all
  1 25 insurance upon property situated in this state, after
  1 26 deducting the amounts returned upon canceled policies,
  1 27 certificates and rejected applications but not including the
  1 28 gross premiums written, assessments, and fees in connection
  1 29 with ocean marine insurance authorized in section 515.48.
  1 30    Sec. 4.  Section 432.5, Code 2005, is amended to read as
  1 31 follows:
  1 32    432.5  RISK RETENTION GROUPS.
  1 33    A risk retention group organized and operating pursuant to
  1 34 Pub. L. No. 99=563, also known as the risk retention
  1 35 amendments of 1986, shall pay as taxes to the director of
  2  1 revenue an amount equal to the applicable percent, as provided
  2  2 in section 432.1, subsection 4, of the gross amount of the
  2  3 premiums received written during the previous calendar year
  2  4 for risks placed in this state.  A resident or nonresident
  2  5 producer shall report and pay the taxes on the premiums for
  2  6 risks that the producer has placed in this state with or on
  2  7 behalf of a risk retention group.  The failure of a risk
  2  8 retention group to pay the tax imposed in this section shall
  2  9 result in the risk retention group being considered an
  2 10 unauthorized insurer under chapter 507A.
  2 11    Sec. 5.  Section 502.102, subsection 5, paragraph b,
  2 12 subparagraph (3), Code Supplement 2005, is amended to read as
  2 13 follows:
  2 14    (3)  An industrial loan company that is not an "insured
  2 15 depository institution" as defined in section 3(c)(2) of the
  2 16 Federal Deposit Insurance Act, 12 U.S.C. } 1813(c)(2), or any
  2 17 successor federal statute.
  2 18    Sec. 6.  Section 502.102, subsection 27A, Code Supplement
  2 19 2005, is amended to read as follows:
  2 20    27A.  "Securities and regulated industries bureau" means
  2 21 the securities and regulated industries bureau of the
  2 22 insurance division of the department of commerce.
  2 23    Sec. 7.  Section 502.201, subsection 8A, paragraph b,
  2 24 unnumbered paragraph 1, Code 2005, is amended to read as
  2 25 follows:
  2 26    A mutual or cooperative organization, including a
  2 27 cooperative association organized in good faith under and for
  2 28 any of the purposes enumerated in chapter 497, 498, 499, or
  2 29 501, or 501A, that deals in commodities or supplies goods or
  2 30 services in transactions primarily with and for the benefit of
  2 31 its members, if all of the following apply:
  2 32    Sec. 8.  Section 502.304, subsection 2A, Code 2005, is
  2 33 amended to read as follows:
  2 34    2A.  REPORTS AND EXAMINATIONS.  The administrator may by
  2 35 rule or order require as a condition of registration by
  3  1 qualification, and at the expense of the applicant or
  3  2 registrant, that a report by an accountant, engineer,
  3  3 appraiser, or other professional person be filed.  The
  3  4 administrator may also designate one or more employees of the
  3  5 securities and regulated industries bureau to make an
  3  6 examination of the business and records of an issuer of
  3  7 securities for which a registration statement has been filed
  3  8 by qualification, at the expense of the applicant or
  3  9 registrant.
  3 10    Sec. 9.  Section 502.412, subsection 2, paragraph a, Code
  3 11 Supplement 2005, is amended to read as follows:
  3 12    a.  Institute a revocation or suspension proceeding under
  3 13 this subsection based solely on an order issued under a law of
  3 14 another state that is reported to the administrator or a
  3 15 designee of the administrator more than one year after the
  3 16 date of the order on which it is based.
  3 17    Sec. 10.  Section 502.412, subsection 3, Code Supplement
  3 18 2005, is amended to read as follows:
  3 19    3.  DISCIPLINARY PENALTIES == REGISTRANTS.  If the
  3 20 administrator finds that the order is in the public interest
  3 21 and subsection 4, paragraphs "a" through "f", "h", "i", "j",
  3 22 or "l", and or "m", authorizes the action, an order under this
  3 23 chapter may censure, impose a bar, or impose a civil penalty
  3 24 in an amount not to exceed a maximum of five thousand dollars
  3 25 for a single violation or five hundred thousand dollars for
  3 26 more than one violation, on a registrant, and, if the
  3 27 registrant is a broker=dealer or investment adviser, a
  3 28 partner, officer, director, or person having a similar status
  3 29 or performing similar functions, or a person directly or
  3 30 indirectly in control, of the broker=dealer or investment
  3 31 adviser.
  3 32    Sec. 11.  Section 502.510, subsection 1, paragraph e, Code
  3 33 2005, is amended to read as follows:
  3 34    e.  If the basis for relief under this section may have
  3 35 been a violation of section 502.509, subsection 3 5, an offer
  4  1 to reimburse in cash the consideration paid for the advice and
  4  2 interest at the legal rate from the date of payment.
  4  3    Sec. 12.  Section 502.601, subsection 1, Code Supplement
  4  4 2005, is amended to read as follows:
  4  5    1.  ADMINISTRATION.  This chapter shall be administered by
  4  6 the commissioner of insurance of this state.  The
  4  7 administrator shall appoint a deputy administrator who shall
  4  8 be exempt from the merit system provisions of chapter 8A,
  4  9 subchapter IV.  The deputy administrator is the principal
  4 10 operations officer of the securities and regulated industries
  4 11 bureau of the insurance division of the department of
  4 12 commerce.  The deputy administrator is responsible to the
  4 13 administrator for the routine administration of this chapter
  4 14 and the management of the securities and regulated industries
  4 15 bureau.  In the absence of the administrator, whether because
  4 16 of vacancy in the office, by reason of absence, physical
  4 17 disability, or other cause, the deputy administrator shall be
  4 18 the acting administrator and shall, for that period, have and
  4 19 exercise the authority conferred upon the administrator.  The
  4 20 administrator may by order delegate to the deputy
  4 21 administrator any or all of the functions assigned to the
  4 22 administrator under this chapter.  The administrator shall
  4 23 employ officers, attorneys, accountants, and other employees
  4 24 as needed for the administration of this chapter.
  4 25    Sec. 13.  Section 502A.1, subsection 1, Code 2005, is
  4 26 amended to read as follows:
  4 27    1.  "Administrator" means the administrator of the
  4 28 securities and regulated industries bureau of the insurance
  4 29 division of the department of commerce.
  4 30    Sec. 14.  Section 502A.15, subsection 1, Code 2005, is
  4 31 amended to read as follows:
  4 32    1.  This chapter shall be administered by the administrator
  4 33 of the securities and regulated industries bureau of the
  4 34 insurance division of the department of commerce.
  4 35    Sec. 15.  Section 505.16, subsection 2, Code 2005, is
  5  1 amended to read as follows:
  5  2    2.  The insurance commissioner shall approve rules for
  5  3 carrying out this section including rules relating to the
  5  4 preparation of information to be provided before and after a
  5  5 test and the protection of confidentiality of personal and
  5  6 medical records of insurance applicants and policyholders.
  5  7 The rules shall require a person engaged in the business of
  5  8 insurance who receives results of a positive human
  5  9 immunodeficiency virus test of an insurance applicant or
  5 10 policyholder to report those results to a physician or
  5 11 alternative testing site of the applicant's or policyholder's
  5 12 choice, or if the applicant or policyholder does not choose a
  5 13 physician or alternative testing site to receive the results,
  5 14 to the Iowa department of public health.
  5 15    Sec. 16.  NEW SECTION.  505.27  CONSENT TO JURISDICTION.
  5 16    A person committing any act governed by chapter 502, 502A,
  5 17 505 through 523G, or 523I constitutes consent by that person
  5 18 to the jurisdiction of the commissioner of insurance and the
  5 19 district courts of this state.
  5 20    Sec. 17.  NEW SECTION.  505.28  ADMINISTRATIVE HEARINGS.
  5 21    The commissioner of insurance shall have the authority to
  5 22 appoint as a hearing officer a designee or an independent
  5 23 administrative law judge.  Duties of a hearing officer shall
  5 24 include hearing contested cases arising from conduct governed
  5 25 by chapters 502, 502A, 505 through 523G, and 523I.  Sections
  5 26 10A.801 and 17A.11 do not apply to the appointment of a
  5 27 designee or an administrative law judge pursuant to this
  5 28 section.
  5 29    Sec. 18.  Section 507.10, subsection 5, paragraph b, Code
  5 30 2005, is amended to read as follows:
  5 31    b.  The commissioner is not prevented from disclosing the
  5 32 content of an examination report, preliminary examination
  5 33 report or results, or any matter relating to the report, to an
  5 34 insurance department of any other state or country, to the
  5 35 national association of insurance commissioners, or to law
  6  1 enforcement officials of this or any other state or an agency
  6  2 of the federal government at any time, so long as such agency
  6  3 or office receiving the report, or matters relating to the
  6  4 report, agrees in writing to maintain the confidentiality of
  6  5 the report or such matters in a manner consistent with this
  6  6 chapter.
  6  7    Sec. 19.  Section 507.14, Code 2005, is amended to read as
  6  8 follows:
  6  9    507.14  CONFIDENTIAL DOCUMENTS == EXCEPTIONS.
  6 10    1.  A preliminary report of an examination of a domestic or
  6 11 foreign insurer, and all notes, work papers, or other
  6 12 documents related to an examination of an insurer are not
  6 13 public confidential records under chapter 22 except when
  6 14 sought by the insurer to whom they relate, an insurance
  6 15 regulator of another state, or the national association of
  6 16 insurance commissioners, and shall be privileged and
  6 17 confidential in any judicial or administrative proceeding
  6 18 except any of the following:
  6 19    1.  a.  An action commenced by the commissioner under
  6 20 chapter 507C.
  6 21    2.  b.  An administrative proceeding brought by the
  6 22 insurance division under chapter 17A.
  6 23    3.  c.  A judicial review proceeding under chapter 17A
  6 24 brought by an insurer to whom the records relate.
  6 25    4.  d.  An action or proceeding which arises out of the
  6 26 criminal provisions of the laws of this state or the United
  6 27 States.
  6 28    5.  e.  An action brought in a shareholders' derivative
  6 29 suit against an insurer.
  6 30    6.  f.   An action brought to recover moneys or to recover
  6 31 upon an indemnity bond for embezzlement, misappropriation, or
  6 32 misuse of insurer funds.
  6 33    2.  A report of an examination of a domestic or foreign
  6 34 insurer which is preliminary under the rules of the division
  6 35 is not a public a confidential record under chapter 22 except
  7  1 when sought by the insurer to which the report relates or an
  7  2 insurance regulator of another state, and is privileged and
  7  3 confidential in any judicial or administrative proceeding.
  7  4    3.  All work papers, notes, recorded information,
  7  5 documents, market conduct annual statements, and copies
  7  6 thereof that are produced or obtained by or disclosed to the
  7  7 commissioner or any other person in the course of analysis by
  7  8 the commissioner of the financial condition or market conduct
  7  9 of an insurer are confidential records under chapter 22 and
  7 10 shall be privileged and confidential in any judicial or
  7 11 administrative proceeding except any of the following:
  7 12    a.  An action commenced by the commissioner under chapter
  7 13 507C.
  7 14    b.  An administrative proceeding brought by the insurance
  7 15 division under chapter 17A.
  7 16    c.  A judicial review proceeding under chapter 17A brought
  7 17 by an insurer to whom the records relate.
  7 18    d.  An action or proceeding which arises out of the
  7 19 criminal provisions of the laws of this state or the United
  7 20 States.
  7 21    4.  Confidential documents, materials, information,
  7 22 administrative or judicial orders, or other actions may be
  7 23 disclosed to a regulatory official of any state, federal
  7 24 agency, or foreign country provided that the recipients are
  7 25 required, under their law, to maintain their confidentiality.
  7 26 Confidential records may be disclosed to the national
  7 27 association of insurance commissioners provided that the
  7 28 association certifies by written statement that the
  7 29 confidentiality of the records will be maintained.
  7 30    5.  A financial statement filed by an employer self=
  7 31 insuring workers' compensation liability pursuant to section
  7 32 87.11, or the working papers of an examiner or the division in
  7 33 connection with calculating appropriate security and reserves
  7 34 for the self=insured employer are not public confidential
  7 35 records under chapter 22 except when sought by the employer to
  8  1 which the financial statement or working papers relate or an
  8  2 insurance or workers' compensation self=insurance regulator of
  8  3 another state, and are privileged and confidential in any
  8  4 judicial or administrative proceeding.  The financial
  8  5 information of a nonpublicly traded employer which self=
  8  6 insures for workers' compensation liability pursuant to
  8  7 section 87.11 is protected as proprietary trade secrets to the
  8  8 extent consistent with the commissioner's duties to oversee
  8  9 the security of self=insured workers' compensation liability.
  8 10    6.  Analysis notes, work papers, or other documents related
  8 11 to the analysis of an insurer are not public confidential
  8 12 records under chapter 22.
  8 13    Sec. 20.  Section 507A.4, Code 2005, is amended by adding
  8 14 the following new subsection:
  8 15    NEW SUBSECTION.  10.  a.  A self=funded health benefit plan
  8 16 sponsored by an employer in this state under the federal
  8 17 Employee Retirement Income Security Act of 1974, as codified
  8 18 in 29 U.S.C. } 1169, which provides health benefits to
  8 19 independent contractors of the employer and to spouses and
  8 20 dependents of the independent contractors, if the plan is
  8 21 granted a waiver from the provisions of this chapter by the
  8 22 commissioner and meets all of the following conditions:
  8 23    (1)  There is a written contract between the sponsor of the
  8 24 health benefit plan and the independent contractor which
  8 25 establishes the relationship between the parties to the
  8 26 contract and provides for the personal services to be provided
  8 27 by the independent contractor to the sponsor of the health
  8 28 benefit plan pursuant to the contract.
  8 29    (2)  The personal services to be provided by the
  8 30 independent contractor pursuant to the contract are directly
  8 31 related to the principal business of the sponsor of the health
  8 32 benefit plan.
  8 33    (3)  The contract provides that the independent contractor
  8 34 will provide services to the sponsor of the health benefit
  8 35 plan on an exclusive basis.
  9  1    (4)  The inclusion of the independent contractor in the
  9  2 sponsor's health benefit plan is incidental to the contractual
  9  3 relationship between the sponsor of the health benefit plan
  9  4 and the independent contractor.
  9  5    (5)  Independent contractors and their spouses and
  9  6 dependents included in an employer=sponsored health benefit
  9  7 plan do not in total equal more than one=third of the total
  9  8 persons covered by the health benefit plan.
  9  9    (6)  The health benefit plan is administered by an
  9 10 authorized insurer or an authorized third=party administrator.
  9 11    b.  The sponsor of the health benefit plan shall file an
  9 12 application for waiver from the provisions of this chapter
  9 13 with the commissioner as prescribed by the commissioner and
  9 14 shall file periodic statements and information as required by
  9 15 the commissioner.  The commissioner shall adopt rules pursuant
  9 16 to chapter 17A implementing this subsection.  All statements
  9 17 and information filed with or disclosed to the commissioner
  9 18 pursuant to this subsection are confidential records pursuant
  9 19 to chapter 22.
  9 20    c.  If at any time the commissioner determines that a
  9 21 health benefit plan for which a waiver has been granted does
  9 22 not meet all of the conditions of paragraph "a", and the rules
  9 23 adopted by the commissioner under paragraph "b", the
  9 24 commissioner may terminate the waiver granted to the health
  9 25 benefit plan.
  9 26    d.  A self=funded employer=sponsored health benefit plan
  9 27 which has a valid waiver from the provisions of this chapter
  9 28 shall not be considered any of the following:
  9 29    (1)  An insurance company or association of any kind or
  9 30 character under section 432.1.
  9 31    (2)  A member insurer of the Iowa life and health insurance
  9 32 guaranty association as defined in section 508C.5, subsection
  9 33 8.
  9 34    (3)  A carrier under chapter 513B.
  9 35    (4)  A member of the Iowa individual health benefit
 10  1 reinsurance association under section 513C.10.
 10  2    (5)  An entity subject to chapter 514C.
 10  3    (6)  A multiple employer welfare arrangement as defined in
 10  4 subsection 9.
 10  5    e.  A self=funded employer=sponsored health benefit plan
 10  6 which has received a waiver from the provisions of this
 10  7 chapter shall be considered to be a self=funded employer=
 10  8 sponsored health plan under the federal Employee Retirement
 10  9 Income Security Act of 1974, as codified in 29 U.S.C. } 1169,
 10 10 and not subject to this title so long as the waiver is in
 10 11 effect.
 10 12    f.  The provision of health benefits to an independent
 10 13 contract or by a self=funded employer=sponsored health benefit
 10 14 plan which meets all of the conditions of paragraph "a" shall
 10 15 not in and of itself create an employer=employee relationship
 10 16 between the independent contractor and the sponsor of the
 10 17 health benefit plan.
 10 18    Sec. 21.  Section 507A.7, subsection 3, Code 2005, is
 10 19 amended to read as follows:
 10 20    3.  Nothing in subsection 1 of this section shall be
 10 21 construed to prevent an unauthorized person or foreign or
 10 22 alien insurer from filing a motion to quash a writ or to set
 10 23 aside service thereof made in the manner provided in sections
 10 24 507A.5 and section 507A.6, on the ground that such
 10 25 unauthorized person or insurer has not done any of the acts
 10 26 enumerated in section 507A.3.
 10 27    Sec. 22.  Section 507A.9, subsection 1, Code 2005, is
 10 28 amended to read as follows:
 10 29    1.  Effective with For all premiums collected during the
 10 30 calendar year 1967, except premiums on lawfully procured
 10 31 surplus lines insurance, every unauthorized insurer shall pay
 10 32 to the commissioner of insurance before March 1, next
 10 33 succeeding the calendar year in which the insurance was so
 10 34 effectuated, continued, or renewed a premium tax of two
 10 35 percent of on gross premiums charged for such insurance on
 11  1 subjects resident, located, or to be performed in this state
 11  2 equal to the applicable percent, as provided in section 432.1.
 11  3 Such insurance whether procured through negotiation or an
 11  4 application, in whole or in part occurring or made within or
 11  5 outside of this state, or for which premiums in whole or in
 11  6 part are remitted directly or indirectly from within or
 11  7 outside of this state, shall be deemed to be insurance
 11  8 procured or continued in this state.  The term "premium"
 11  9 includes all premiums, membership fees, assessments, dues, and
 11 10 any other consideration for insurance.  If the tax prescribed
 11 11 by this section is not paid within the time stated, the tax
 11 12 shall be increased by a penalty of twenty=five percent and by
 11 13 the amount of an additional penalty computed at the rate of
 11 14 one percent per month or any part thereof from the date such
 11 15 payment was due to the date paid.
 11 16    Sec. 23.  Section 507B.4, Code 2005, is amended by adding
 11 17 the following new subsections:
 11 18    NEW SUBSECTION.  9A.  USE OF INQUIRIES.  Considering either
 11 19 of the following events for purposes of surcharging,
 11 20 declining, nonrenewing, or canceling personal lines property
 11 21 and casualty insurance coverage or a binder for personal lines
 11 22 property and casualty insurance coverage:
 11 23    a.  An applicant's or insured's inquiry into the type or
 11 24 level of coverage of a policy, or an inquiry into whether a
 11 25 policy will cover a loss.
 11 26    b.  An insured's inquiry regarding coverage of a policy for
 11 27 a loss if the insured does not file a claim.
 11 28    NEW SUBSECTION.  9B.  HISTORY OF A PROPERTY.  Declining to
 11 29 insure a property not previously owned by an applicant for
 11 30 personal lines property and casualty insurance, based solely
 11 31 on the loss history of a previous owner of the property,
 11 32 unless the insurer can provide evidence that the previous
 11 33 owner did not repair damage to the property.
 11 34    NEW SUBSECTION.  9C.  DISCLOSURE OF USE OF CLAIMS HISTORY.
 11 35 Failing to inform an applicant at the time that an application
 12  1 for personal lines property and casualty insurance is made, in
 12  2 writing or in the same medium as the application is made, that
 12  3 the insurer will consider the applicant's or insured's claims
 12  4 history in determining whether to decline, cancel, nonrenew,
 12  5 or surcharge such a policy, and that a claim made by an
 12  6 insured will be reported to an insurance support organization.
 12  7    NEW SUBSECTION.  15.  REQUIRED DISCLOSURES.  Failing to
 12  8 inform a prospective purchaser of insurance that an insurance
 12  9 producer is acting as a licensed insurance producer, or
 12 10 failing to disclose the full name of the insurance company
 12 11 which the insurance producer will represent in the insurance
 12 12 sales presentation.  In sales presentations where an insurance
 12 13 producer is not involved, an insurer shall disclose the full
 12 14 name of the insurer to a prospective purchaser.
 12 15    NEW SUBSECTION.  16.  INFORMATION.  Failing or refusing to
 12 16 furnish any individual, upon reasonable request, information
 12 17 to which that individual is entitled, or to respond to a
 12 18 formal written request or complaint from any individual.
 12 19    NEW SUBSECTION.  17.  PROHIBITED TRANSACTIONS.  Executing
 12 20 an insurance transaction with an individual without the
 12 21 individual's consent, or selling an insurance policy or rider
 12 22 to an individual that is a duplication of a policy or rider
 12 23 that the individual already owns or for which the individual
 12 24 has already applied at the time of the sale.
 12 25    Sec. 24.  Section 507B.4, Code 2005, is amended by adding
 12 26 the following new unnumbered paragraph:
 12 27    NEW UNNUMBERED PARAGRAPH.  For purposes of subsections 9A,
 12 28 9B, and 9C, "personal lines property and casualty insurance"
 12 29 means insurance sold to individuals and families primarily for
 12 30 noncommercial purposes as provided in chapter 522B.
 12 31    Sec. 25.  NEW SECTION.  507B.4B  SUITABILITY.
 12 32    1.  A person shall not recommend to any individual the
 12 33 purchase, sale, or exchange of any life insurance policy or
 12 34 annuity, or any rider, endorsement, or amendment thereto,
 12 35 unless the person has reasonable grounds to believe that the
 13  1 recommendation is suitable for the individual based on a
 13  2 reasonable inquiry into the individual's financial status,
 13  3 investment objectives, and other relevant information.
 13  4    2.  A person engaged in the business of life insurance and
 13  5 annuities shall establish and maintain a system to monitor
 13  6 recommendations made, that is reasonably designed to achieve
 13  7 compliance with subsection 1.
 13  8    3.  The commissioner shall adopt rules pursuant to chapter
 13  9 17A establishing procedures and standards for implementation
 13 10 of the suitability requirements of subsection 1.
 13 11    Sec. 26.  NEW SECTION.  507B.15  ADMINISTRATIVE HEARINGS.
 13 12    Section 505.28 is applicable to hearings required by
 13 13 sections 507B.6, 507B.6A, and 507B.7.
 13 14    Sec. 27.  Section 507C.2, subsection 13, Code Supplement
 13 15 2005, is amended by adding the following new unnumbered
 13 16 paragraph:
 13 17    NEW UNNUMBERED PARAGRAPH.  "General assets" does not
 13 18 include that portion of the assets of the insurer allocated to
 13 19 and accumulated in a separate account established pursuant to
 13 20 section 508A.1, unless otherwise provided by the applicable
 13 21 policy, annuity, agreement, instrument, or contract.  However,
 13 22 if any assets allocated to and accumulated in a separate
 13 23 account, after the satisfaction of any liabilities with regard
 13 24 to the operation of the separate account, are in excess of an
 13 25 amount equal to the reserves and other liabilities with
 13 26 respect to the separate account, the excess shall be treated
 13 27 as part of the general assets of the insurer.
 13 28    Sec. 28.   Section 507C.42, unnumbered paragraph 1, Code
 13 29 2005, is amended to read as follows:
 13 30    The priority of distribution of claims from the insurer's
 13 31 estate shall be in accordance with the order in which each
 13 32 class of claims is set forth.  Claims in each class shall be
 13 33 paid in full or adequate funds retained for the payment before
 13 34 the members of the next class receive any payment.  Subclasses
 13 35 shall not be established within a class.  As used in this
 14  1 section, "insurer's estate" means the general assets of the
 14  2 insurer.  The order of distribution of claims is:
 14  3    Sec. 29.  Section 507C.42, subsection 2, Code 2005, is
 14  4 amended to read as follows:
 14  5    2.  CLASS 2.  Claims under policies, including claims of
 14  6 the federal or any state or local government, for losses
 14  7 incurred, including third=party claims, claims against the
 14  8 insurer for liability for bodily injury or for injury to or
 14  9 destruction of tangible property which are not under policies,
 14 10 claims of a guaranty association or foreign guaranty
 14 11 association, claims under funding agreements as provided in
 14 12 section 508.31A, subsection 3, claims for an insufficiency in
 14 13 the assets allocated to and accumulated in a separate account
 14 14 as provided in section 508A.1, subsection 8, and claims for
 14 15 unearned premium.  Claims under life insurance and annuity
 14 16 policies, whether for death proceeds, annuity proceeds, or
 14 17 investment values, shall be treated as loss claims.  That
 14 18 portion of a loss, indemnification for which is provided by
 14 19 other benefits or advantages recovered by the claimant, shall
 14 20 not be included in this class, other than benefits or
 14 21 advantages recovered or recoverable in discharge of familial
 14 22 obligations of support or by way of succession at death or as
 14 23 proceeds of life insurance, or as gratuities.  A payment by an
 14 24 employer to an employee is not a gratuity.
 14 25    Sec. 30.  Section 507E.5, Code 2005, is amended by striking
 14 26 the section and inserting in lieu thereof the following:
 14 27    507E.5  CONFIDENTIALITY.
 14 28    1.  All investigation files, investigation reports, and all
 14 29 other investigative information in the possession of the
 14 30 bureau are confidential records under chapter 22 except as
 14 31 specifically provided in this section and are not subject to
 14 32 discovery, subpoena, or other means of legal compulsion for
 14 33 their release until opened for public inspection by the
 14 34 bureau, or upon the consent of the bureau, or until a court of
 14 35 competent jurisdiction determines, after notice to the bureau
 15  1 and hearing, that the bureau will not be unnecessarily
 15  2 hindered in accomplishing the purposes of this chapter by
 15  3 their opening for public inspection.  However, investigative
 15  4 information in the possession of the bureau may be disclosed,
 15  5 in the commissioner's discretion, to appropriate licensing
 15  6 authorities within this state, another state or the District
 15  7 of Columbia, or a territory or country in which a licensee is
 15  8 licensed or has applied for a license.
 15  9    2.  The commissioner may share documents, materials, or
 15 10 other information, including confidential and privileged
 15 11 documents, materials, or other information, with other state,
 15 12 federal, and international regulatory agencies, with the
 15 13 national association of insurance commissioners and its
 15 14 affiliates or subsidiaries, and with state, federal, and
 15 15 international law enforcement authorities, provided that the
 15 16 recipient agrees to maintain the confidential and privileged
 15 17 status of the document, material, or other information,
 15 18 pursuant to Iowa law.
 15 19    3.  The commissioner may receive documents, materials, or
 15 20 other information, including otherwise confidential and
 15 21 privileged documents, materials, or other information, from
 15 22 other local, state, federal, and international regulatory
 15 23 agencies, the national association of insurance commissioners
 15 24 and its affiliates or subsidiaries, and local, state, federal,
 15 25 and international law enforcement authorities, and shall
 15 26 maintain as confidential and privileged any document,
 15 27 material, or other information received with notice or the
 15 28 understanding that it is confidential or privileged under the
 15 29 laws of the jurisdiction that is the source of the document,
 15 30 material, or other information.
 15 31    4.  The commissioner may enter into agreements governing
 15 32 the sharing and use of documents, materials, or other
 15 33 information consistent with this section.
 15 34    5.  An investigator or other staff member of the bureau is
 15 35 not subject to subpoena in a civil action concerning any
 16  1 matter of which the investigator or other staff member has
 16  2 knowledge pursuant to a pending or continuing investigation
 16  3 being conducted by the bureau pursuant to this chapter.
 16  4    Sec. 31.  Section 508.13, Code 2005, is amended to read as
 16  5 follows:
 16  6    508.13  ANNUAL CERTIFICATE OF AUTHORITY.
 16  7    1.  On receipt of an application for a certificate of
 16  8 authority or renewal of a certificate of authority, fees, the
 16  9 deposit provided in section 511.8, subsection 16, and the
 16 10 statement, and the statement and evidence of investment of
 16 11 foreign companies, all of which shall be renewed annually, by
 16 12 the first day of March, the commissioner of insurance shall
 16 13 issue a certificate or a renewal of a certificate setting
 16 14 forth the corporate name of the company, its home office, that
 16 15 it has fully complied with the laws of the state and is
 16 16 authorized to transact the business of life insurance for the
 16 17 ensuing year, which certificate shall expire on the first day
 16 18 of June of the ensuing year, or sooner upon thirty days'
 16 19 notice given by the commissioner, of the next annual valuation
 16 20 of its policies.  Such certificate shall be renewed annually,
 16 21 upon the renewal of the deposit and statement by a domestic
 16 22 company, or of the statement and evidence of investment by a
 16 23 foreign company, and compliance with the conditions above
 16 24 required, and be subject to revocation as the original
 16 25 certificate.
 16 26    2.  A company shall submit annually on or before March 1 a
 16 27 completed application for renewal of its certificate of
 16 28 authority.  A certificate of authority shall expire on the
 16 29 first day of June next succeeding its issue and shall be
 16 30 renewed annually so long as the company transacts business in
 16 31 accordance with all legal requirements of the state.
 16 32    3.  A company that fails to timely file an application for
 16 33 renewal of its certificate of authority shall pay an
 16 34 administrative penalty of five hundred dollars to the
 16 35 treasurer of state for deposit in the general fund of the
 17  1 state as provided in section 505.7.
 17  2    4.  A copy of a certificate of authority, when certified by
 17  3 the commissioner, shall be admissible in evidence for or
 17  4 against a company, with the same effect as the original.
 17  5    Sec. 32.  Section 508A.1, Code 2005, is amended by adding
 17  6 the following new subsection:
 17  7    NEW SUBSECTION.   8.  If the assets of an insurer allocated
 17  8 to and accumulated in a separate account in connection with
 17  9 any policy, annuity, agreement, instrument, or contract, after
 17 10 the satisfaction of any liabilities with regard to the
 17 11 operation of the separate account, are insufficient to fully
 17 12 satisfy the insurer's express obligations under the policy,
 17 13 annuity, agreement, instrument, or contract, then claims for
 17 14 the unsatisfied portions of the insurer's obligations shall be
 17 15 class 2 claims under section 507C.42, subsection 2.
 17 16    Sec. 33.  Section 509.1, subsection 1, paragraph b, Code
 17 17 2005, is amended to read as follows:
 17 18    b.  The premium for the group life policy shall be paid by
 17 19 the policyholder, either wholly from the employer's funds or
 17 20 funds contributed by the employer, or partly from such funds
 17 21 and partly from funds contributed by the insured employees, or
 17 22 from both.  No A policy, except of group accident and health,
 17 23 may be issued on which the entire premium is to be derived
 17 24 from funds contributed by the insured employees.  A policy
 17 25 insurance on which part of the premium is to be derived from
 17 26 funds contributed by the insured employees may be placed in
 17 27 force only if at least seventy=five percent of the then
 17 28 eligible employees, excluding any as to whom evidence of
 17 29 individual insurability is not satisfactory to the insurer,
 17 30 elect to make the required contributions.  A policy on which
 17 31 no part of the premium is to be derived from funds contributed
 17 32 by the insured employees must insure all eligible employees,
 17 33 or all except any as to whom evidence of individual
 17 34 insurability is not satisfactory to the insurer.  As used in
 17 35 this paragraph, "accident and health insurance" does not
 18  1 include disability income insurance.
 18  2    Sec. 34.  Section 509A.15, subsection 1, paragraph d, Code
 18  3 2005 is amended to read as follows:
 18  4    d.  That the governing body has contracted or otherwise
 18  5 arranged with a third=party administrator who holds a current
 18  6 certificate of registration issued by the commissioner
 18  7 pursuant to section 510.21, or with a person not required to
 18  8 obtain the certificate as an a third=party administrator as
 18  9 defined in section 510.11, subsection 1.
 18 10    Sec. 35.  Section 509A.15, subsection 4, Code 2005, is
 18 11 amended to read as follows:
 18 12    4.  One or more political subdivisions of the state or one
 18 13 or more school corporations maintaining self=insured plans
 18 14 with yearly claims that do not exceed one two percent of each
 18 15 entity's general fund budget shall be exempt from the
 18 16 requirements of this section where the plan insures employees
 18 17 for all or part of a deductible, coinsurance payments, drug
 18 18 costs, short=term disability benefits, vision benefits, or
 18 19 dental benefits.
 18 20    The yearly claim amount shall be determined annually on the
 18 21 policy renewal date, or an alternative date established by
 18 22 rule, by a plan administrator or political subdivision or
 18 23 school corporation employee to be designated by the plan
 18 24 administrator.  The exemption shall not apply for the year
 18 25 following a year in which yearly claims are determined to
 18 26 exceed one two percent of the political subdivision's or
 18 27 school corporation's general fund budget.
 18 28    Sec. 36.  Section 509B.1, subsection 4, Code 2005, is
 18 29 stricken.
 18 30    Sec. 37.  Section 509B.5, subsection 1, Code 2005, is
 18 31 amended to read as follows:
 18 32    1.  Employers or group policyholders shall notify all
 18 33 employees or members of their continuation and conversion
 18 34 rights within ten days of termination of employment or
 18 35 membership.  The notice shall be in writing and delivered in
 19  1 person or mailed to the person's last known address.  However,
 19  2 continuation and conversion rights shall not be denied because
 19  3 of failure to provide proper notice.  After receiving proper
 19  4 notice the employee or member may request and shall receive
 19  5 continuation or conversion coverage in accordance with this
 19  6 chapter within ten days of the request, notwithstanding any
 19  7 other time limitation provided by this chapter.  Notification
 19  8 as provided in this section supersedes section 515.80 as that
 19  9 section relates to accident and health insurance.
 19 10    Sec. 38.  Section 510.11, Code 2005, is amended by striking
 19 11 the section and inserting in lieu thereof the following:
 19 12    510.11  DEFINITIONS.
 19 13    1.  "Life or health insurance" includes but is not limited
 19 14 to the following:
 19 15    a.  Individual or group accident and sickness insurance
 19 16 providing coverage on an expense=incurred basis.
 19 17    b.  An individual or group hospital or medical service
 19 18 contract issued pursuant to chapter 509, 514, or 514A.
 19 19    c.  An individual or group health maintenance organization
 19 20 contract regulated under chapter 514B.
 19 21    d.  An individual or group Medicare supplemental policy.
 19 22    e.  A long=term care policy.
 19 23    f.  An individual or group life insurance policy or annuity
 19 24 issued pursuant to chapter 508, 508A, or 509A.
 19 25    2.  "Third=party administrator" means a person who collects
 19 26 charges or premiums from, or who adjusts or settles claims on,
 19 27 residents of this state in connection with life or health
 19 28 insurance coverage or annuities other than any of the
 19 29 following:
 19 30    a.  A union or association on behalf of its members.
 19 31    b.  An insurance company which is either licensed in this
 19 32 state or acting as an insurer with respect to a policy
 19 33 lawfully issued and delivered by it in and pursuant to the
 19 34 laws of a state in which the insurer was authorized to do an
 19 35 insurance business.
 20  1    c.  An entity licensed under chapter 514, including its
 20  2 sales representatives licensed in this state when engaged in
 20  3 the performance of their duties as sales representatives.
 20  4    d.  A life or health agent or broker licensed in this
 20  5 state, whose activities are limited exclusively to the sale of
 20  6 insurance.
 20  7    e.  A creditor on behalf of its debtors with respect to
 20  8 insurance covering a debt between the creditor and its
 20  9 debtors.
 20 10    f.  A trust, its trustees, agents, and employees acting
 20 11 under the trust, established in conformity with 29 U.S.C. }
 20 12 186.
 20 13    g.  A trust exempt from taxation under section 501(a) of
 20 14 the Internal Revenue Code, its trustees, and employees acting
 20 15 under the trust.
 20 16    h.  A custodian, its agents, and employees acting pursuant
 20 17 to a custodial account which meets the requirements of section
 20 18 401(f) of the Internal Revenue Code.
 20 19    i.  A bank, credit union, or other financial institution
 20 20 which is subject to supervision or examination by federal or
 20 21 state banking authorities.
 20 22    j.  A credit card=issuing company which advances for and
 20 23 collects premiums or charges from its credit card holders who
 20 24 have authorized it to do so, if the company does not adjust or
 20 25 settle claims.
 20 26    k.  A person who adjusts or settles claims in the normal
 20 27 course of the person's practice or employment as an attorney,
 20 28 and who does not collect charges or premiums in connection
 20 29 with life or health insurance coverage or annuities.
 20 30    Sec. 39.  Section 510.12, Code 2005, is amended to read as
 20 31 follows:
 20 32    510.12  WRITTEN AGREEMENT NECESSARY.
 20 33    A person shall not act as an a third=party administrator
 20 34 without a written agreement between the third=party
 20 35 administrator and the insurer, and the written agreement shall
 21  1 be retained as part of the official records of both the
 21  2 insurer and the third=party administrator for the duration of
 21  3 the agreement plus five years.  The written agreement shall
 21  4 contain provisions which include the requirements of sections
 21  5 510.11 through 510.16, except insofar as those requirements do
 21  6 not apply to the functions performed by the third=party
 21  7 administrator.
 21  8    When a policy is issued to a trustee, a copy of the trust
 21  9 agreement and any amendments to the trust agreement shall be
 21 10 furnished to the insurer by the third=party administrator and
 21 11 shall be retained as part of the official records of both the
 21 12 insurer and the third=party administrator for the duration of
 21 13 the policy plus five years.
 21 14    Sec. 40.  Section 510.13, Code 2005, is amended to read as
 21 15 follows:
 21 16    510.13  PAYMENT TO THIRD=PARTY ADMINISTRATOR.
 21 17    If an insurer uses the services of an a third=party
 21 18 administrator under the terms of a written contract as
 21 19 required in section 510.12, payment to the third=party
 21 20 administrator of any premiums or charges for insurance by or
 21 21 on behalf of the insured shall be deemed to have been received
 21 22 by the insurer, and the payment of return premiums or claims
 21 23 by the insurer to the third=party administrator shall not be
 21 24 deemed payment to the insured or claimant until the payments
 21 25 are received by the insured or claimant.  This section does
 21 26 not limit any right of the insurer against the third=party
 21 27 administrator resulting from the third=party administrator's
 21 28 failure to make payments to the insurer, insureds, or
 21 29 claimants.
 21 30    Sec. 41.  Section 510.14, Code 2005, is amended to read as
 21 31 follows:
 21 32    510.14  MAINTENANCE OF INFORMATION.
 21 33    An A third=party administrator shall maintain at its
 21 34 principal administrative office for the duration of the
 21 35 written agreement referred to in section 510.12 plus five
 22  1 years, adequate books and records of all transactions between
 22  2 it, insurers, and insured persons.  The third=party
 22  3 administrator's books and records shall be maintained in
 22  4 accordance with prudent standards of insurance recordkeeping.
 22  5 The commissioner shall have access to such books and records
 22  6 for the purpose of examination, audit, and inspection.  Trade
 22  7 secrets contained in an a third=party administrator's books
 22  8 and records, including but not limited to the identity and
 22  9 addresses of policyholders and certificate holders, shall be
 22 10 confidential, except the commissioner may use trade secret
 22 11 information in any proceeding instituted against the third=
 22 12 party administrator.  The insurer retains the right to
 22 13 continuing access to the third=party administrator's books and
 22 14 records sufficient to permit the insurer to fulfill all of its
 22 15 contractual obligations to insured persons, subject to any
 22 16 restrictions in the written agreement between the insurer and
 22 17 third=party administrator on the proprietary rights of the
 22 18 parties in the third=party administrator's books and records.
 22 19    Sec. 42.  Section 510.15, Code 2005, is amended to read as
 22 20 follows:
 22 21    510.15  APPROVAL OF ADVERTISING.
 22 22    An A third=party administrator may use only such
 22 23 advertising pertaining to the business underwritten by an
 22 24 insurer as has been approved by the insurer in advance of its
 22 25 use.
 22 26    Sec. 43.  Section 510.17, Code 2005, is amended to read as
 22 27 follows:
 22 28    510.17  PREMIUM COLLECTION.
 22 29    1.  All insurance charges or premiums collected by an a
 22 30 third=party administrator on behalf of or for an insurer, and
 22 31 return premiums received from the insurer, shall be held by
 22 32 the third=party administrator in a fiduciary capacity.  Such
 22 33 funds shall be immediately remitted to the person or persons
 22 34 entitled to them, or shall be deposited promptly in a
 22 35 fiduciary bank account established and maintained by the
 23  1 third=party administrator.  If charges or premiums so
 23  2 deposited have been collected on behalf of or for more than
 23  3 one insurer, the third=party administrator shall cause the
 23  4 bank in which the fiduciary account is maintained to keep
 23  5 records clearly recording the deposits in and withdrawals from
 23  6 the account on behalf of or for each insurer.  The third=party
 23  7 administrator shall promptly obtain and keep copies of all
 23  8 such records and, upon request of an insurer, shall furnish
 23  9 the insurer with copies of the records pertaining to deposits
 23 10 and withdrawals on behalf of or for that insurer.
 23 11    2.  The third=party administrator shall not pay a claim by
 23 12 withdrawal from the fiduciary account.  Withdrawals from the
 23 13 fiduciary account shall be made, as provided in the written
 23 14 agreement between the third=party administrator and the
 23 15 insurer, for any of the following:
 23 16    a.  Remittance to an insurer entitled thereto.
 23 17    b.  Deposit in an account maintained in the name of the
 23 18 insurer.
 23 19    c.  Transfer to and deposit in a claims=paying account,
 23 20 with claims to be paid as provided in section 510.18.
 23 21    d.  Payment to a group policyholder for remittance to the
 23 22 insurer entitled thereto.
 23 23    e.  Payment to the third=party administrator of its
 23 24 commission, fees, or charges.
 23 25    f.  Remittance of return premiums to the persons entitled
 23 26 thereto.
 23 27    Sec. 44.  Section 510.18, Code 2005, is amended to read as
 23 28 follows:
 23 29    510.18  PAYMENT OF CLAIMS.
 23 30    A claim paid by the third=party administrator from funds
 23 31 collected on behalf of the insurer shall be paid only on a
 23 32 draft, check, or by electronic funds transfer as authorized by
 23 33 the insurer.
 23 34    Sec. 45.  Section 510.19, Code 2005, is amended to read as
 23 35 follows:
 24  1    510.19  CLAIM ADJUSTMENT AND SETTLEMENT.
 24  2    The compensation paid to an a third=party administrator
 24  3 shall not be contingent on claim experience on policies for
 24  4 which the third=party administrator adjusts or settles claims.
 24  5 This section does not prevent the compensation of an a third=
 24  6 party administrator from being based on premiums or charges
 24  7 collected or number of claims paid or processed.
 24  8    Sec. 46.  Section 510.20, Code 2005, is amended to read as
 24  9 follows:
 24 10    510.20  NOTIFICATION REQUIRED.
 24 11    When the services of an a third=party administrator are
 24 12 used, the third=party administrator shall provide a written
 24 13 notice, approved by the insurer, to insured individuals,
 24 14 advising them of the identity of and relationship among the
 24 15 third=party administrator, the policyholder, and the insurer.
 24 16 When an a third=party administrator collects funds, it must
 24 17 shall identify and state separately in writing to the person
 24 18 paying to the third=party administrator any charge or premium
 24 19 for insurance coverage the amount of any such charge or
 24 20 premium specified by the insurer for such insurance coverage.
 24 21    Sec. 47.  Section 510.21, Code 2005, is amended to read as
 24 22 follows:
 24 23    510.21  CERTIFICATE OF REGISTRATION REQUIRED.
 24 24    A person shall not act as or represent oneself to be an a
 24 25 third=party administrator in this state, other than an
 24 26 adjuster licensed in this state for the kinds of business for
 24 27 which the person is acting as an a third=party administrator,
 24 28 unless the person holds a current certificate of registration
 24 29 as an a third=party administrator issued by the commissioner
 24 30 of insurance.  A certificate of registration as an a third=
 24 31 party administrator is renewable every three years.  Failure
 24 32 to hold a certificate subjects the third=party administrator
 24 33 to the sanctions set out in section 507B.7.  The certificate
 24 34 shall be issued by the commissioner to an a third=party
 24 35 administrator unless the commissioner, after due notice and
 25  1 hearing, determines that the third=party administrator is not
 25  2 competent, trustworthy, financially responsible, or of good
 25  3 personal and business reputation, or has had a previous
 25  4 application for an insurance license denied for cause within
 25  5 the preceding five years.
 25  6    An application for registration shall be accompanied by a
 25  7 filing fee of one hundred dollars.  After notice and hearing,
 25  8 the commissioner may impose any or all of the sanctions set
 25  9 out in section 507B.7, upon finding that either the third=
 25 10 party administrator violated any of the requirements of
 25 11 section 515.134 and sections 510.1A through 510.20 and this
 25 12 section, or the third=party administrator is not competent,
 25 13 trustworthy, financially responsible, or of good personal and
 25 14 business reputation.
 25 15    Sec. 48.  Section 510.22, subsections 1 and 3, Code 2005,
 25 16 are amended to read as follows:
 25 17    1.  The person acting as an a third=party administrator is
 25 18 primarily in a business other than that of a third=party
 25 19 administrator.
 25 20    3.  The regular duties being performed as an a third=party
 25 21 administrator are such that the covered persons are not likely
 25 22 to be injured by a waiver of such requirements.
 25 23    Sec. 49.  Section 510.23, Code 2005, is amended to read as
 25 24 follows:
 25 25    510.23  UNFAIR COMPETITION OR UNFAIR AND DECEPTIVE ACTS OR
 25 26 PRACTICES PROHIBITED.
 25 27    An A third=party administrator is subject to chapter 507B
 25 28 relating to unfair insurance trade practices.
 25 29    Sec. 50.  Section 511.8, subsection 1, paragraph b, Code
 25 30 2005, is amended to read as follows:
 25 31    b.  Bonds or other evidences of indebtedness issued,
 25 32 assumed, or guaranteed by the United States of America, or by
 25 33 any agency or instrumentality of the United States of America
 25 34 include investments in an open=end management investment
 25 35 company registered with the federal securities and exchange
 26  1 commission under the federal Investment Company Act of 1940,
 26  2 15 U.S.C. } 80(a) 80a=1 et seq., and operated in accordance
 26  3 with 17 C.F.R. } 270.2a=7, the portfolio of which is limited
 26  4 to the United States government obligations described in
 26  5 paragraph "a", and which are included in the national
 26  6 association of insurance commissioners' securities valuation
 26  7 office's United States direct obligations==full faith and
 26  8 credit exempt list.
 26  9    Sec. 51.  Section 511.8, subsection 18, Code 2005, is
 26 10 amended by adding the following new paragraph:
 26 11    NEW PARAGRAPH  c.  Common stocks or shares issued by any
 26 12 federal home loan bank under the Federal Home Loan Bank Act,
 26 13 12 U.S.C. } 1421 et seq., and the Acts amendatory thereof, are
 26 14 eligible if the total investment in those stocks or shares
 26 15 does not exceed one=half of one percent of the legal reserve.
 26 16    Sec. 52.  Section 511.8, subsection 22, paragraph b, Code
 26 17 2005, is amended by striking the paragraph and inserting in
 26 18 lieu thereof the following:
 26 19    b.  To be eligible as investments, financial instruments
 26 20 used in hedging transactions shall be either of the following:
 26 21    (1)  Be between an insurer and a counterparty that meets
 26 22 the qualifications established in subsection 5 for an issuer,
 26 23 obligor, or guarantor of bonds or other evidences of
 26 24 indebtedness issued, assumed, or guaranteed by a corporation
 26 25 incorporated under the laws of the United States or of any
 26 26 state, district, or insular or territorial possession thereof,
 26 27 or Canada, or that meets the qualifications established in
 26 28 subsection 19 for an issuer, obligor, or guarantor of bonds or
 26 29 other evidences of indebtedness issued, assumed, or guaranteed
 26 30 by a corporation incorporated under the laws of a foreign
 26 31 government other than Canada.
 26 32    (2)  Be between an insurer and a conduit and be
 26 33 collateralized by cash or obligations which are eligible under
 26 34 subsection 1, 2, 3, 5, 19, or 24, are deposited with a
 26 35 custodian bank as defined in subsection 21, and are held under
 27  1 a written agreement with the custodian bank that complies with
 27  2 subsection 21 and provides for the proceeds of the collateral,
 27  3 subject to the terms and conditions of the applicable
 27  4 collateral or other credit support agreement, to be remitted
 27  5 to the legal reserve deposit of the company or association and
 27  6 to vest in the state in accordance with section 508.18
 27  7 whenever proceedings under that section are instituted.
 27  8 Paragraphs "c", "d", and "e" of this subsection are not
 27  9 applicable to investments in financial instruments used in
 27 10 hedging transactions eligible pursuant to this subparagraph.
 27 11 As used in this subparagraph, "conduit" means a person within
 27 12 an insurer's insurance holding company system, as defined in
 27 13 section 521A.1, subsection 5, which aggregates hedging
 27 14 transactions by other persons within the insurance holding
 27 15 company system and replicates them with counterparties.
 27 16    (a)  Financial instruments used in hedging transactions
 27 17 between an insurer and a conduit which are collateralized by
 27 18 obligations eligible under subsection 5, 19, or 24 are
 27 19 eligible only to the extent that such securities deposited as
 27 20 collateral are not in excess of two percent of the legal
 27 21 reserve in the securities of any one corporation, less any
 27 22 securities of that corporation owned by the insurer or which
 27 23 are the subject of hedging transactions by the insurer, that
 27 24 are included in the insurer's legal reserve.
 27 25    (b)  Financial instruments used in hedging transactions
 27 26 between an insurer and a conduit which are collateralized by
 27 27 obligations eligible under subsection 5 or by cash equivalents
 27 28 eligible under subsection 24, other than a class one money
 27 29 market fund, are eligible only to the extent that such
 27 30 securities deposited as collateral are not in excess of ten
 27 31 percent of the legal reserve, less any obligations eligible
 27 32 under subsection 5 or cash equivalents eligible under
 27 33 subsection 24, other than a class one money market fund, owned
 27 34 by the insurer or which are the subject of hedging
 27 35 transactions by the insurer, that are included in the
 28  1 insurer's legal reserve.
 28  2    (c)  Financial instruments used in hedging transactions
 28  3 between an insurer and a conduit which are collateralized by
 28  4 obligations eligible under subsection 19 are eligible only to
 28  5 the extent that such securities deposited as collateral are
 28  6 not in excess of twenty percent of the legal reserve, less any
 28  7 securities eligible under subsection 19 owned by the insurer
 28  8 or which are the subject of hedging transactions by the
 28  9 insurer, that are included in the insurer's legal reserve.
 28 10    (3)  Financial instruments used in hedging transactions
 28 11 shall be eligible only as provided by this paragraph "b" and
 28 12 rules adopted by the commission pursuant to chapter 17A
 28 13 setting standards for hedging transactions between an insurer
 28 14 and a conduit as authorized under section 521A.5, subsection
 28 15 1, paragraph "b".
 28 16    Sec. 53.  Section 511.8, subsection 22, paragraph e, Code
 28 17 2005, is amended to read as follows:
 28 18    e.  Investments in financial instruments of foreign
 28 19 governments or foreign corporate obligations, other than
 28 20 Canada, used in hedging transactions are not eligible in
 28 21 excess of shall be included in the limitation contained in
 28 22 subsection 19 that allows only twenty percent of the legal
 28 23 reserve, less any foreign investment authorized by subsection
 28 24 19 owned by the company or association and in which its legal
 28 25 reserve is invested of the company or association to be
 28 26 invested in such foreign investments, except insofar as the
 28 27 financial instruments are collateralized by cash or United
 28 28 States government obligations as authorized by subsection 1
 28 29 deposited with a custodian bank as defined in subsection 21,
 28 30 and held under a written agreement with the custodian bank
 28 31 that complies with subsection 21 and provides for the proceeds
 28 32 of the collateral, subject to the terms and conditions of the
 28 33 applicable collateral or other credit support agreement, to be
 28 34 remitted to the legal reserve deposit of the company or
 28 35 association and to vest in the state in accordance with
 29  1 section 508.18 whenever proceedings under that section are
 29  2 instituted.
 29  3    This paragraph "e" does not authorize the inclusion of
 29  4 financial instruments used in hedging transactions in an
 29  5 insurer's legal reserve that are in excess of the eligibility
 29  6 limitation provided in paragraph "d" unless the financial
 29  7 instruments are collateralized as provided in this paragraph
 29  8 "e".
 29  9    Sec. 54.  Section 511.8, Code 2005, is amended by adding
 29 10 the following new subsection:
 29 11    NEW SUBSECTION.  24.  CASH EQUIVALENTS.
 29 12    a.  As used in this subsection, unless the context
 29 13 otherwise requires:
 29 14    (1)  "Cash equivalents" means highly liquid investments
 29 15 with an original term to maturity of ninety days or less that
 29 16 are all of the following:
 29 17    (a)  Readily convertible to a known amount of cash without
 29 18 penalty.
 29 19    (b)  So near maturity that the investment presents an
 29 20 insignificant risk of change in value.
 29 21    (c)  Rated any of the following:
 29 22    (i)  "P=1" by Moody's investors services, inc.
 29 23    (ii)  "A=1" by Standard and Poor's division of McGraw=Hill
 29 24 companies, inc., or by the national association of insurance
 29 25 commissioners' securities valuation office.
 29 26    (iii)  Equivalent by a nationally recognized statistical
 29 27 rating organization that is recognized by the national
 29 28 association of insurance commissioners' securities valuation
 29 29 office.
 29 30    (2)  "Class one money market fund" means investments in an
 29 31 open=end management investment company registered with the
 29 32 federal securities and exchange commission under the federal
 29 33 Investment Company Act of 1940, 15 U.S.C. } 80a=1 et seq., and
 29 34 operated in accordance with 17 C.F.R. } 270.2a=7, that
 29 35 qualifies for investment using the bond class one reserve
 30  1 factor under the purposes and procedures of the national
 30  2 association of insurance commissioners' securities valuation
 30  3 office.
 30  4    b.  Cash equivalents include a class one money market fund.
 30  5    c.  Cash equivalents, other than a class one money market
 30  6 fund, are not eligible in excess of two percent of the legal
 30  7 reserve in the obligations of any one corporation, and are not
 30  8 eligible in excess of ten percent of the legal reserve.
 30  9    Sec. 55.  Section 512B.25, Code 2005, is amended to read as
 30 10 follows:
 30 11    512B.25  ANNUAL LICENSE == RENEWAL.
 30 12    A society which is authorized to transact business in this
 30 13 state on January 1, 1991, and a society licensed on or after
 30 14 January 1, 1991, may continue in business until June 1, 1991.
 30 15 The authority of the a society to transact business in this
 30 16 state may thereafter be renewed annually.  A license
 30 17 terminates on the succeeding June 1.  However, a license
 30 18 issued shall continue in full force and effect until a new
 30 19 license is issued or specifically refused.  A society shall
 30 20 submit annually on or before March 1 a completed application
 30 21 for renewal of its license.  For each license or renewal the
 30 22 society shall pay the commissioner a fee of fifty dollars.  A
 30 23 society that fails to timely file an application for renewal
 30 24 shall pay an administrative penalty of five hundred dollars to
 30 25 the treasurer of state for deposit in the general fund of the
 30 26 state as provided in section 505.7.  A duly certified copy or
 30 27 duplicate of the license is prima facie evidence that the
 30 28 licensee is a fraternal benefit society within the meaning of
 30 29 this chapter.
 30 30    Sec. 56.  Section 512B.27, subsection 3, Code 2005, is
 30 31 amended by striking the subsection.
 30 32    Sec. 57.  Section 513C.9, subsection 1, Code 2005, is
 30 33 amended by striking the subsection.
 30 34    Sec. 58.  NEW SECTION.  514.9A  CERTIFICATE OF AUTHORITY ==
 30 35 RENEWAL.
 31  1    A certificate of authority of a corporation formed under
 31  2 this chapter expires on June 1 succeeding its issue and shall
 31  3 be renewed annually so long as the corporation transacts its
 31  4 business in accordance with all legal requirements.  A
 31  5 corporation shall submit annually, on or before March 1, a
 31  6 completed application for renewal of its certificate of
 31  7 authority.  A corporation that fails to timely file an
 31  8 application for renewal shall pay an administrative penalty of
 31  9 five hundred dollars to the treasurer of state for deposit in
 31 10 the general fund of the state as provided in section 505.7.  A
 31 11 duly certified copy or duplicate of the certificate is
 31 12 admissible in evidence for or against the corporation with the
 31 13 same effect as the original.
 31 14    Sec. 59.  Section 514B.3, subsection 10, Code 2005, is
 31 15 amended by striking the subsection.
 31 16    Sec. 60.  NEW SECTION.  514B.3B  CERTIFICATE OF AUTHORITY
 31 17 == RENEWAL.
 31 18    A certificate of authority of a health maintenance
 31 19 organization formed under this chapter expires on June 1
 31 20 succeeding its issue and shall be renewed annually so long as
 31 21 the organization transacts its business in accordance with all
 31 22 legal requirements.  A health maintenance organization shall
 31 23 submit annually, on or before March 1, a completed application
 31 24 for renewal of its certificate of authority.  A health
 31 25 maintenance organization that fails to timely file an
 31 26 application for renewal shall pay an administrative penalty of
 31 27 five hundred dollars to the treasurer of state for deposit in
 31 28 the general fund of the state as provided in section 505.7.  A
 31 29 duly certified copy or duplicate of the certificate is
 31 30 admissible in evidence for or against the organization with
 31 31 the same effect as the original.
 31 32    Sec. 61.  Section 514B.12, Code 2005, is amended to read as
 31 33 follows:
 31 34    514B.12  ANNUAL REPORT.
 31 35    1.  A health maintenance organization shall annually on or
 32  1 before the first day of March file with the commissioner or a
 32  2 depository designated by the commissioner a report verified by
 32  3 at least two of the principal officers of the health
 32  4 maintenance organization and covering the preceding calendar
 32  5 year.  The report shall be on forms prescribed by the
 32  6 commissioner and shall include:
 32  7    1.  a.  Financial statements of the organization including
 32  8 a balance sheet as of the end of the preceding calendar year
 32  9 and statement of profit and loss for the year then ended,
 32 10 certified by a certified public accountant or an independent
 32 11 public accountant.
 32 12    2.  b.  Any material changes in the information submitted
 32 13 pursuant to section 514B.3.
 32 14    3.  c.  The number of persons enrolled during the year, the
 32 15 number of enrollees as of the end of the year and the number
 32 16 of enrollments terminated during the year.
 32 17    4.  d.  Other information relating to the performance of
 32 18 the health maintenance organization as is necessary to enable
 32 19 the commissioner to carry out the commissioner's duties under
 32 20 this chapter.
 32 21    2.  The commissioner shall refuse to renew a certificate of
 32 22 authority of a health maintenance organization that fails to
 32 23 comply with the provisions of this section and the
 32 24 organization's right to transact new business in this state
 32 25 shall immediately cease until the organization has so
 32 26 complied.
 32 27    3.  A health maintenance organization that fails to timely
 32 28 file the report required under subsection 1 is in violation of
 32 29 this section and shall pay an administrative penalty of five
 32 30 hundred dollars to the treasurer of state for deposit in the
 32 31 general fund of the state as provided in section 505.7.
 32 32    4.  The commissioner may give notice to a health
 32 33 maintenance organization that the organization has not timely
 32 34 filed the report required under subsection 1 and is in
 32 35 violation of this section.  If the organization fails to file
 33  1 the required report and comply with this section within ten
 33  2 days of the date of the notice, the organization shall pay an
 33  3 additional administrative penalty of one hundred dollars for
 33  4 each day that the failure continues to the treasurer of state
 33  5 for deposit in the general fund of the state as provided in
 33  6 section 505.7.
 33  7    Sec. 62.  Section 514B.22, Code 2005, is amended by
 33  8 striking the section and inserting in lieu thereof the
 33  9 following:
 33 10    514B.22  FEES.
 33 11    When not otherwise provided, a foreign or domestic health
 33 12 maintenance organization doing business in this state shall
 33 13 pay the commissioner of insurance the fees as required in
 33 14 section 511.24.
 33 15    Sec. 63.  Section 514B.33, Code 2005, is amended by adding
 33 16 the following new subsection:
 33 17    NEW SUBSECTION.  3A.  Sections 514B.3B and 514B.12 apply to
 33 18 all foreign and domestic limited service organizations
 33 19 authorized to do business in this state.
 33 20    Sec. 64.  Section 514C.1, Code 2005, is amended to read as
 33 21 follows:
 33 22    514C.1  SUPPLEMENTAL COVERAGE FOR ADOPTED OR NEWLY BORN
 33 23 CHILDREN.
 33 24    1.  Any policy of individual or group accident and sickness
 33 25 insurance providing coverage on an expense incurred basis, and
 33 26 any individual or group hospital or medical service contracts
 33 27 issued pursuant to chapters 509, 514, and 514A, which provide
 33 28 coverage for a family member of the insured or subscriber
 33 29 shall also provide that the health insurance benefits
 33 30 applicable for children shall, subject to the enrollment
 33 31 requirements of this section, be payable with respect to a
 33 32 newly born child of the insured or subscriber from the moment
 33 33 of birth, or, in the situation of a newly adopted child of a
 33 34 covered person, such child shall be covered from the earlier
 33 35 of any of the following:
 34  1    a.  The date of placement of the child for the purpose of
 34  2 adoption and continuing in the same manner as for other
 34  3 dependents of the covered person, unless the placement is
 34  4 disrupted prior to legal adoption and the child is removed
 34  5 from placement.
 34  6    b.  The date of entry of an order granting the covered
 34  7 person custody of the child for purposes of adoption.
 34  8    c.  The effective date of adoption.
 34  9    2.  The coverage for adopted or newly born children shall
 34 10 consist of coverage for injury or sickness including the
 34 11 necessary care and treatment of medically diagnosed congenital
 34 12 defects and birth abnormalities and is not subject to any
 34 13 preexisting condition exclusion.
 34 14    3.  If payment of a specific premium or subscription fee is
 34 15 required to provide coverage for a newly born child, the
 34 16 policy or contract may require that notification of birth of a
 34 17 newly born child and payment of the required premium or fees
 34 18 must be furnished to the insurer or nonprofit service or
 34 19 indemnity corporation within thirty=one sixty days after the
 34 20 date of birth in order to have coverage continue beyond such
 34 21 thirty=one day period.
 34 22    4.  If payment of a specific premium or subscription fee is
 34 23 not required to provide coverage for a newly born child, the
 34 24 policy or contract may require that notification of birth of a
 34 25 newly born child must be furnished to the insurer or nonprofit
 34 26 service or indemnity corporation within sixty days after the
 34 27 date of birth in order for coverage to be provided for the
 34 28 child from the date of birth.
 34 29    5.  a.  If payment of a specific premium or subscription
 34 30 fee is required to provide coverage for a newly adopted child
 34 31 or child placed for adoption, the policy or contract may
 34 32 require that notification of the adoption or placement for
 34 33 adoption and payment of the required premium or fees must be
 34 34 furnished to the insurer or nonprofit service or indemnity
 34 35 corporation within sixty days after the coverage is required
 35  1 to begin under this section.
 35  2    b.  If payment of a specific premium or subscription fee is
 35  3 not required to provide coverage for a newly adopted child or
 35  4 child placed for adoption, the policy or contract may require
 35  5 that notification of the adoption or placement for adoption
 35  6 must be furnished to the insurer or nonprofit service or
 35  7 indemnity corporation within sixty days after the coverage is
 35  8 required to begin under this section.
 35  9    c.  If a covered person fails to provide the required
 35 10 notice or to make payment of premium or subscription fees
 35 11 within the sixty=day period required in this subsection, the
 35 12 newly adopted child or child placed for adoption shall be
 35 13 treated no less favorably by a health carrier than other
 35 14 dependents of the covered person, other than newly born
 35 15 children, who seek coverage under a policy or contract at a
 35 16 time other than the time when the dependent is first eligible
 35 17 to apply for coverage.
 35 18    Sec. 65.  Section 514C.3, Code 2005, is amended to read as
 35 19 follows:
 35 20    514C.3  DENTIST'S SERVICES UNDER ACCIDENT AND SICKNESS
 35 21 INSURANCE POLICIES.
 35 22    A policy of accident and sickness insurance issued in this
 35 23 state which provides payment or reimbursement for any service
 35 24 which is within the lawful scope of practice of a licensed
 35 25 dentist shall provide benefits for the service whether the
 35 26 service is performed by a licensed physician or a licensed
 35 27 dentist.  As used in this section, "licensed physician"
 35 28 includes persons licensed under chapter 148, 150, or 150A and
 35 29 "policy of accident and sickness insurance" includes
 35 30 individual or group policies as defined in section 509B.1,
 35 31 subsections subsection 3 and 4.
 35 32    Sec. 66.  Section 514E.7, Code Supplement 2005, is amended
 35 33 by adding the following new subsection:
 35 34    NEW SUBSECTION.  6.  The association is not required to
 35 35 make plan coverage available to an individual who is covered
 36  1 or is eligible for any continued group coverage under Internal
 36  2 Revenue Code } 4980B, the federal Employee Retirement Income
 36  3 Security Act of 1974, codified at 29 U.S.C. } 1001 et seq.,
 36  4 the federal Public Health Service Act of July 1, 1944,
 36  5 codified at 42 U.S.C. } 201 et seq., or any continued group
 36  6 coverage required by the state.  For purposes of this
 36  7 subsection, an individual who would have been eligible for
 36  8 such continuation of group coverage, but is not eligible
 36  9 solely because the individual or other responsible party
 36 10 failed to make the required election of coverage during the
 36 11 applicable time period, or terminated such coverage prior to
 36 12 the end of such applicable time period, shall be deemed to be
 36 13 eligible for such group coverage until the date on which the
 36 14 individual's continuing group coverage would have expired had
 36 15 an election been made or a termination not occurred.
 36 16    Sec. 67.  Section 514J.7, Code 2005, is amended by adding
 36 17 the following new subsections:
 36 18    NEW SUBSECTION.  9.  If an enrollee dies before the
 36 19 completion of the external review process, the process shall
 36 20 continue to completion if there is potential liability of a
 36 21 carrier or organized delivery system to the estate of the
 36 22 enrollee.
 36 23    NEW SUBSECTION.  10.  a.  If an enrollee who has already
 36 24 received a service or treatment under a plan requests external
 36 25 review of the plan's coverage decision and changes to another
 36 26 plan before the external review process is completed, the
 36 27 carrier or organized delivery system whose coverage was in
 36 28 effect at the time the service or treatment was received is
 36 29 responsible for completing the external review process.
 36 30    b.  If an enrollee who has not yet received service or
 36 31 treatment requests external review of a plan's coverage
 36 32 decision and then changes to another plan prior to receipt of
 36 33 the service or treatment and completion of the external review
 36 34 process, the external review process shall begin anew with the
 36 35 enrollee's current carrier or organized delivery system.  In
 37  1 this instance, the external review process shall be conducted
 37  2 in an expedited manner.
 37  3    Sec. 68.  Section 515.24, Code 2005, is amended to read as
 37  4 follows:
 37  5    515.24  TAX == COMPUTATION.
 37  6    For the purpose of determining the basis of any tax upon
 37  7 the "gross amount of premiums", or "gross receipts from
 37  8 premiums, assessments, fees, and promissory obligations", now
 37  9 or hereafter imposed upon any fire or casualty insurance
 37 10 company under any law of this state, such gross amount or
 37 11 gross receipts shall consist of the gross written premiums or
 37 12 receipts for direct insurance, without including or deducting
 37 13 any amounts received or paid for reinsurance except that any
 37 14 company reinsuring windstorm or hail risks written by county
 37 15 mutual insurance associations shall be required to pay a two
 37 16 percent tax on as a tax, the applicable percent provided in
 37 17 section 432.1, calculated upon the gross amount of reinsurance
 37 18 premiums received upon such risks, but with such other
 37 19 deductions as provided by law, and in addition deducting any
 37 20 so=called dividend or return of savings or gains to
 37 21 policyholders; provided that as to any deposits or deposit
 37 22 premiums received by any such company, the taxable premiums
 37 23 shall be the portion of such deposits or deposit premiums
 37 24 earned during the year with such deductions therefrom as
 37 25 provided by law.
 37 26    Sec. 69.  Section 515.42, Code 2005, is amended to read as
 37 27 follows:
 37 28    515.42  TENURE OF CERTIFICATE == RENEWAL == EVIDENCE.
 37 29    Such A certificate of authority shall expire on the first
 37 30 day of June next succeeding its issue, and shall be renewed
 37 31 annually so long as such company shall transact business in
 37 32 accordance with the requirements of law; a copy of which
 37 33 certificate, when certified to by the commissioner of
 37 34 insurance, shall be admissible in evidence for or against a
 37 35 company with the same effect as the original.  A company shall
 38  1 submit annually, on or before March 1, a completed application
 38  2 for renewal of its certificate of authority.  A company that
 38  3 fails to timely file an application for renewal shall pay an
 38  4 administrative penalty of five hundred dollars to the
 38  5 treasurer of state for deposit in the general fund of the
 38  6 state as provided in section 505.7.
 38  7    Sec. 70.  NEW SECTION.  515.147A  ADMINISTRATIVE PENALTY.
 38  8    1.  An excess and surplus lines insurance agent that fails
 38  9 to timely file the report required in section 515.147 is in
 38 10 violation of this section and shall pay an administrative
 38 11 penalty of five hundred dollars to the treasurer of state for
 38 12 deposit in the general fund of the state as provided in
 38 13 section 505.7.
 38 14    2.  The commissioner shall refuse to renew the license of
 38 15 an agent that fails to comply with the provisions of section
 38 16 515.147 and this section and the agent's right to transact new
 38 17 business in this state shall immediately cease until the agent
 38 18 has so complied.
 38 19    3.  The commissioner may give notice to an agent that the
 38 20 agent has not timely filed the report required under section
 38 21 515.147 and is in violation of this section.  If the agent
 38 22 fails to file the required report within ten days of the date
 38 23 of the notice, the agent shall pay an additional
 38 24 administrative penalty of one hundred dollars for each day
 38 25 that the failure continues to the treasurer of state for
 38 26 deposit in the general fund of the state as provided in
 38 27 section 505.7.
 38 28    Sec. 71.  Section 515A.6, subsection 1, Code 2005, is
 38 29 amended to read as follows:
 38 30    1.  a.  A corporation, an unincorporated association, a
 38 31 partnership or an individual, whether located within or
 38 32 outside this state, may make application to the commissioner
 38 33 for license as a rating organization for such kinds of
 38 34 insurance, or subdivision or class of risk or a part or
 38 35 combination thereof as are specified in its application and
 39  1 shall file therewith (a) a with the application all of the
 39  2 following:
 39  3    (1)  A copy of its constitution, its articles of agreement
 39  4 or association or its certificate of incorporation, and of its
 39  5 bylaws, rules and regulations governing the conduct of its
 39  6 business, (b) a.
 39  7    (2)  A list of its members and subscribers, (c) the.
 39  8    (3)  The name and address of a resident of this state upon
 39  9 whom notices or orders of the commissioner or process
 39 10 affecting such rating organization may be served and (d) a.
 39 11    (4)  A statement of its qualifications as a rating
 39 12 organization.
 39 13    b.  If the commissioner finds that the applicant is
 39 14 competent, trustworthy, and otherwise qualified to act as a
 39 15 rating organization and that its constitution, articles of
 39 16 agreement or association or certificate of incorporation, and
 39 17 its bylaws, rules and regulations governing the conduct of its
 39 18 business conform to the requirements of law, the commissioner
 39 19 shall issue a license specifying the kinds of insurance, or
 39 20 subdivisions or classes of risks or parts or combinations
 39 21 thereof for which the applicant is authorized to act as a
 39 22 rating organization.  Every such application shall be granted
 39 23 or denied in whole or in part by the commissioner within sixty
 39 24 days of the date of its filing with the commissioner.
 39 25    c.  Licenses issued pursuant to this section shall remain
 39 26 in effect for three years unless sooner suspended or revoked
 39 27 by the commissioner.  The fee for said license shall be
 39 28 twenty=five dollars.
 39 29    d.  Licenses issued pursuant to this section may be
 39 30 suspended or revoked by the commissioner, after hearing upon
 39 31 notice, in the event the rating organization ceases to meet
 39 32 the requirements of this subsection.
 39 33    e.  Every rating organization shall notify the commissioner
 39 34 promptly of every change in (a) its any of the following:
 39 35    (1)  Its constitution, its articles of agreement or
 40  1 association, or its certificate of incorporation, and its
 40  2 bylaws, rules and regulations governing the conduct of its
 40  3 business, (b) its.
 40  4    (2)  Its list of members and subscribers and (c) the.
 40  5    (3)  The name and address of the resident of this state
 40  6 designated by it upon whom notices or orders of the
 40  7 commissioner or process affecting such rating organization may
 40  8 be served.
 40  9    Sec. 72.  Section 515A.9, Code 2005, is amended to read as
 40 10 follows:
 40 11    515A.9  INFORMATION TO BE FURNISHED INSUREDS == HEARINGS
 40 12 AND APPEALS OF INSUREDS.
 40 13    Every rating organization and every insurer which makes its
 40 14 own rate shall, within a reasonable time after receiving
 40 15 written request therefor and upon payment of such reasonable
 40 16 charge as it may make, furnish to any insured affected by a
 40 17 rate made by it, or to the authorized representative of such
 40 18 insured, all pertinent information as to such rate.  Every
 40 19 rating organization and every insurer which makes its own
 40 20 rates shall provide within this state reasonable means whereby
 40 21 any person aggrieved by the application of its rating system
 40 22 may be heard, in person or by the person's authorized
 40 23 representative, on the person's written request to review the
 40 24 manner in which such rating system has been applied in
 40 25 connection with the insurance afforded the person.  Such
 40 26 review of the manner in which a rating system has been applied
 40 27 is not a contested case under chapter 17A.  If the rating
 40 28 organization or insurer fails to grant or reject such request
 40 29 within thirty days after it is made, applicant may proceed in
 40 30 the same manner as if the application had been rejected.  Any
 40 31 party affected by the action of such rating organization or
 40 32 such insurer on such request may, within thirty days after
 40 33 written notice of such action, appeal to the commissioner,
 40 34 who, after a hearing held upon not less than ten days' written
 40 35 notice to the appellant and to such rating organization or
 41  1 insurer, may affirm or reverse such action.  Such appeal to
 41  2 the commissioner of the manner in which a rating system has
 41  3 been applied is not a contested case under chapter 17A.
 41  4    Sec. 73.  Section 515A.10, subsection 2, Code 2005, is
 41  5 amended to read as follows:
 41  6    2.  Every advisory organization shall file with the
 41  7 commissioner (a) a all of the following:
 41  8    a.  A copy of its constitution, its articles of agreement
 41  9 or association or its certificate of incorporation and of its
 41 10 bylaws, rules and regulations governing its activities, (b) a.
 41 11    b.  A list of its members, (c) the.
 41 12    c.  The name and address of a resident of this state upon
 41 13 whom notices or orders of the commissioner or process issued
 41 14 at the commissioner's direction may be served, and (d) an.
 41 15    d.  An agreement that the commissioner may examine such
 41 16 advisory organization in accordance with the provisions of
 41 17 section 515A.12.
 41 18    Sec. 74.  Section 515B.16, Code 2005, is amended to read as
 41 19 follows:
 41 20    515B.16  ACTIONS AGAINST THE ASSOCIATION.
 41 21    Any action against the association shall be brought against
 41 22 the association in the association's own name.  The Polk
 41 23 county district court shall have exclusive jurisdiction and
 41 24 venue of such actions.  Service of the original notice in
 41 25 actions against the association may be made on any officer of
 41 26 the association or upon the commissioner of insurance on
 41 27 behalf of the association.  The commissioner shall promptly
 41 28 transmit any notice so served upon the commissioner to the
 41 29 association.  Any action against the association shall be
 41 30 commenced within three years after the date of the order of
 41 31 liquidation.
 41 32    Sec. 75.  Section 515E.3, unnumbered paragraph 2, Code
 41 33 2005, is amended by striking the unnumbered paragraph.
 41 34    Sec. 76.  NEW SECTION.  515E.3A  FOREIGN RISK RETENTION
 41 35 GROUP MAY BECOME DOMESTIC.
 42  1    1.  A risk retention group that is organized under the laws
 42  2 of any other state for the purpose of writing insurance, as
 42  3 authorized by this chapter, may redomesticate to this state by
 42  4 doing all of the following:
 42  5    a.  Complying with section 490.902.
 42  6    b.  Complying with all of the requirements of law relative
 42  7 to the organization and licensing of a domestic risk retention
 42  8 group and the capital and surplus requirement set forth in
 42  9 subsection 4.
 42 10    c.  Designating its principal place of business in this
 42 11 state.
 42 12    2.  A risk retention group that meets the requirements of
 42 13 subsection 1 shall be entitled to a certificate of its
 42 14 corporate existence and a license to transact business in this
 42 15 state, and be subject in all respects to the authority and
 42 16 jurisdiction of this state.
 42 17    3.  The certificate of authority, producer appointments and
 42 18 licenses, rates, and other items which are in existence at the
 42 19 time a risk retention group transfers its corporate domicile
 42 20 to this state pursuant to this section shall continue in full
 42 21 force and effect upon such transfer.  For purposes of existing
 42 22 authorizations and all other corporate purposes, the risk
 42 23 retention group is deemed to be the same entity as it was
 42 24 prior to the transfer of its domicile.  All outstanding
 42 25 policies of any transferring risk retention group shall remain
 42 26 in full force and effect.
 42 27    4.  A risk retention group redomesticating to this state
 42 28 pursuant to this chapter shall comply with the minimum capital
 42 29 and surplus requirements of chapter 521E or five million
 42 30 dollars, whichever is greater.  If the risk retention group's
 42 31 prior domestic regulator allowed the use of letters of credit
 42 32 to meet that regulator's surplus requirements, the risk
 42 33 retention group may continue to use the letters of credit to
 42 34 meet this state's minimum surplus requirements for up to five
 42 35 years from the date of redomestication in this state.  The
 43  1 risk retention group shall eliminate a minimum of twenty
 43  2 percent of the letters of credit being used each year based
 43  3 upon the aggregate amount of letters of credit being used to
 43  4 meet surplus requirements at the time of redomestication in
 43  5 this state.
 43  6    5.  Letters of credit used by a risk retention group to
 43  7 meet surplus requirements shall be clean, irrevocable, and
 43  8 unconditionally issued or confirmed by a qualified United
 43  9 States financial institution as defined in section 521B.4,
 43 10 subsection 2.  The beneficiary of each letter of credit being
 43 11 used shall be the commissioner.
 43 12    6.  If a risk retention group redomesticating to this state
 43 13 fails to comply with the provisions of this section, the
 43 14 commissioner shall take action as prescribed in chapter 507C.
 43 15    7.  The commissioner shall adopt rules pursuant to chapter
 43 16 17A to implement this section.
 43 17    Sec. 77.  Section 515E.4, subsection 1, unnumbered
 43 18 paragraph 1, Code 2005, is amended to read as follows:
 43 19    Notice of operations and designation of commissioner as
 43 20 agent.  Before offering insurance in this state, a risk
 43 21 retention group shall submit to the commissioner all of the
 43 22 following:
 43 23    Sec. 78.  Section 515E.4, subsection 1, paragraph c, Code
 43 24 2005, is amended by striking the paragraph.
 43 25    Sec. 79.  Section 515E.8, subsection 3, Code 2005, is
 43 26 amended by striking the subsection.
 43 27    Sec. 80.  Section 515F.4, subsection 5, Code 2005, is
 43 28 amended to read as follows:
 43 29    5.  The rates may contain a provision for contingencies and
 43 30 an allowance permitting a reasonable profit.  In determining
 43 31 the reasonableness of the profit, consideration shall be given
 43 32 to investment income attributable to unearned premium and loss
 43 33 reserves.  Income from other sources shall not be considered.
 43 34    Sec. 81.  Section 515F.8, subsection 3, paragraph a,
 43 35 subparagraph (3), Code 2005, is amended to read as follows:
 44  1    (3)  The name and address of one or more residents of this
 44  2 state upon whom notices, process affecting it, or orders of
 44  3 the commissioner may be served.
 44  4    Sec. 82.  Section 515F.13, subsection 2, paragraph c, Code
 44  5 2005, is amended to read as follows:
 44  6    c.  A pool shall file with the commissioner a copy of its
 44  7 constitution; its articles of incorporation, agreement, or
 44  8 association; its bylaws, rules, and regulations governing its
 44  9 activities; its members; the name and address of a resident of
 44 10 this state upon whom notices or orders of the commissioner or
 44 11 process may be served; and any changes in amendments or
 44 12 changes in the foregoing.
 44 13    Sec. 83.  Section 515G.1, Code 2005, is amended by adding
 44 14 the following new subsections:
 44 15    NEW SUBSECTION.  2A.  "Eligible policyholder" means a
 44 16 policyholder who had a policy in force with a mutual insurer
 44 17 at any time during the three=year period immediately preceding
 44 18 the date of the adoption of a plan of conversion by the mutual
 44 19 insurer's board of directors, including the date of adoption
 44 20 of the plan of conversion, and who, therefore, is eligible to
 44 21 receive an equitable share of the remaining statutory surplus
 44 22 of the mutual insurer, after provision for the base value for
 44 23 voting policyholders, as a result of the conversion.
 44 24    NEW SUBSECTION.  5.  "Voting policyholder" means a
 44 25 policyholder who had a policy in force as provided in section
 44 26 515G.4.
 44 27    Sec. 84.  Section 515G.2, Code 2005, is amended to read as
 44 28 follows:
 44 29    515G.2  MUTUAL INSURER BECOMING STOCK COMPANY ==
 44 30 AUTHORIZATION.
 44 31    1.  A mutual insurer may become a stock insurance company
 44 32 pursuant to a plan of conversion established and approved in
 44 33 the manner provided by this chapter.  The plan of conversion
 44 34 shall be adopted by the board of directors of the insurer to
 44 35 become effective on a future stated date.
 45  1    2.  A plan of conversion may provide that a mutual
 45  2 insurance company may convert into a domestic stock insurance
 45  3 company, convert and merge, or convert and consolidate with a
 45  4 domestic stock insurance company, as provided in chapter 490
 45  5 or chapter 491, whichever is applicable.  However, a mutual
 45  6 insurance company is not required to comply with sections
 45  7 490.1102 and 490.1104 or sections 491.102 through 491.105
 45  8 relating to approval of merger or consolidation plans by
 45  9 boards of directors and shareholders.
 45 10    3.  If conversion from a mutual insurer to a stock company
 45 11 is to be undertaken by a transaction which would be governed
 45 12 by chapter 521 or 521A, but the plan of conversion adopted by
 45 13 the board of directors of the insurer includes approval of an
 45 14 acquisition of control, merger, consolidation, or reinsurance,
 45 15 then chapter 521 or 521A shall not be applicable to the
 45 16 transaction.  However, in that case, the commissioner may
 45 17 require any information from the person or persons acquiring
 45 18 control of the insurer as could be required under chapter 521
 45 19 or 521A, and may disapprove the transaction on any basis on
 45 20 which it could be disapproved under chapter 521 or 521A.
 45 21    Sec. 85.  Section 515G.3, subsection 3, Code 2005, is
 45 22 amended to read as follows:
 45 23    3.  The manner and basis of exchanging the equitable share
 45 24 of each mutual policyholder with a policy in force as provided
 45 25 in section 515G.4 for securities or other consideration, or
 45 26 both, of the stock corporation or an affiliate into which the
 45 27 mutual insurer is to be converted and the disposition of any
 45 28 unclaimed shares.  The plan shall also provide that each
 45 29 person who had a policy of insurance in effect on the date of
 45 30 adoption of the plan is entitled to receive in exchange for an
 45 31 equitable share, without additional payment, consideration
 45 32 payable in voting common shares of the insurer, or other
 45 33 consideration, or both.  The equitable share of the
 45 34 policyholder in the mutual insurer may include a rights of
 45 35 each voting policyholder and each eligible policyholder of the
 46  1 mutual insurer to be converted to a stock company pursuant to
 46  2 this chapter.  Such exchange may include a base value for each
 46  3 voting policyholder in recognition of the voting
 46  4 policyholder's voting rights as a mutual policyholder as well
 46  5 as consideration to be provided to each eligible policyholder
 46  6 in exchange for the eligible policyholder's rights as a mutual
 46  7 policyholder of the mutual insurer to be converted.  After
 46  8 determining the base value for to be provided to each voting
 46  9 policyholder in recognition of the voting rights of the voting
 46 10 policyholder and the balance of such, the equitable share of
 46 11 its each eligible policyholder in the remaining statutory
 46 12 surplus of the mutual insurer, plus any adjustments for
 46 13 nonadmitted assets or additional value permitted by the
 46 14 commissioner, to be provided to each eligible policyholder
 46 15 shall be determined by the ratio which the net earned premiums
 46 16 the eligible policyholder has properly and timely paid to the
 46 17 mutual insurer on insurance policies in effect during the
 46 18 three years three=year period immediately preceding the
 46 19 adoption of the plan of conversion, including the date of the
 46 20 adoption of the plan of conversion, bears to the total net
 46 21 earned premiums received by the mutual insurer from all
 46 22 eligible policyholders during that three=year period.  The
 46 23 base value to be provided to each voting policyholder in
 46 24 recognition of voting rights and the equitable share of each
 46 25 eligible policyholder may be exchanged, without additional
 46 26 payment, for securities or other consideration, or both, of
 46 27 the stock corporation or an affiliate into which the mutual
 46 28 insurer is to be converted.  If the base value for each voting
 46 29 policyholder or the equitable share of the each eligible
 46 30 policyholder entitles the policyholder to the purchase of a
 46 31 fractional share of stock, the policyholder has the option to
 46 32 receive the value of the fractional share in cash or purchase
 46 33 a full share by paying the balance in cash.  However,
 46 34 policyholders due a de minimus amount, as established by the
 46 35 commissioner, need not be offered the value of the fractional
 47  1 share or the option to purchase a full share.  The plan shall
 47  2 also provide for the disposition of any unclaimed shares.
 47  3    Sec. 86.  Section 516E.1, Code Supplement 2005, is amended
 47  4 by adding the following new subsections:
 47  5    NEW SUBSECTION.  2A.  "Financial institution" means an
 47  6 institution that is all of the following:
 47  7    a.  Organized or, in the case of the office of a foreign
 47  8 banking organization located in the United States, licensed,
 47  9 under the laws of the United States or any state, and granted
 47 10 authority to operate with fiduciary powers.
 47 11    b.  Regulated, supervised, and examined by federal or state
 47 12 authorities empowered to regulate banks and trust companies.
 47 13    NEW SUBSECTION.  5A.  "Premium" means the consideration
 47 14 paid to an insurer for a reimbursement insurance policy.
 47 15    NEW SUBSECTION.  9A.  "Service company fee" means the
 47 16 consideration paid for a service contract.
 47 17    Sec. 87.  Section 516E.1, subsection 8, Code Supplement
 47 18 2005, is amended to read as follows:
 47 19    8.  "Reimbursement insurance policy" means a contractual
 47 20 liability insurance policy of insurance issued to a service
 47 21 company and pursuant to which the insurer agrees, for the
 47 22 benefit of the service contract holders, to discharge all of
 47 23 the obligations and liabilities of the service company under
 47 24 the terms of service contracts issued by the service company
 47 25 in the event of nonperformance by the service company.  For
 47 26 the purposes of this definition, "all obligations and
 47 27 liabilities" include, but are not limited to, failure of the
 47 28 service company to perform under the service contract and the
 47 29 return of the unearned service company fee in the event of the
 47 30 service company's unwillingness or inability to reimburse the
 47 31 unearned service company fee in the event of termination of a
 47 32 service contract that either provides reimbursement to a
 47 33 service company under the terms of insured service contracts
 47 34 issued or sold by the service company, or, in the event of
 47 35 nonperformance by the service company, pays, on behalf of the
 48  1 service company, all covered contractual obligations incurred
 48  2 by the service company under the terms of the insured service
 48  3 contracts issued or sold by the service company.
 48  4    Sec. 88.  Section 516E.2, subsection 3, Code Supplement
 48  5 2005, is amended to read as follows:
 48  6    3.  In order to assure the faithful performance of a
 48  7 service company's obligations to its service contract holders,
 48  8 the administrator may by rule require service contracts shall
 48  9 be secured by a reimbursement insurance policy in compliance
 48 10 with the requirements set forth in section 516E.4 or the
 48 11 service company shall comply with the financial responsibility
 48 12 and security standards set forth in section 516E.21.
 48 13    Sec. 89.  Section 516E.2, subsection 4, paragraph f, Code
 48 14 Supplement 2005, is amended by striking the paragraph.
 48 15    Sec. 90.  Section 516E.3, Code Supplement 2005, is amended
 48 16 to read as follows:
 48 17    516E.3  FILING AND FEE REQUIREMENTS.
 48 18    1.  SERVICE COMPANIES.
 48 19    a.  A service contract shall not be issued, sold, or
 48 20 offered for sale in this state unless a true and correct copy
 48 21 of the service contract, and the service company's
 48 22 reimbursement insurance policy, if applicable, have been filed
 48 23 with the commissioner by the service company.
 48 24    b.  A service company shall file a consent to service of
 48 25 process on the commissioner, and such other information as the
 48 26 commissioner requires, annually with the commissioner no later
 48 27 than the first day of August.  If the first day of August
 48 28 falls on a weekend or a holiday, the date for filing shall be
 48 29 the next business day.  In addition to the annual filing, the
 48 30 service company shall promptly file copies of any amended
 48 31 documents if material amendments have been made in the
 48 32 materials on file with the commissioner.  If an annual filing
 48 33 is made after the first of August and sales have occurred
 48 34 during the period when the service company was in
 48 35 noncompliance with this section, the commissioner shall assess
 49  1 an additional filing fee that is two times the amount normally
 49  2 required for an annual filing.  A fee shall not be charged for
 49  3 interim filings made to keep the materials filed with the
 49  4 division current and accurate.  The annual filing shall be
 49  5 accompanied by a filing fee determined by the commissioner
 49  6 which shall be sufficient to defray the costs of administering
 49  7 this chapter.
 49  8    c.  A service company shall promptly file the following
 49  9 information with the commissioner:
 49 10    (1)  A change in the name or ownership of the service
 49 11 company.
 49 12    (2)  The termination of the service company's business.
 49 13    The service company is not required to submit a fee as part
 49 14 of this filing.
 49 15    2.  PROVIDERS.
 49 16    a.  A service contract shall not be sold or offered for
 49 17 sale in this state unless a true and correct copy of the
 49 18 service contract has been filed with the commissioner by the
 49 19 provider.
 49 20    b.  a.  A provider shall file a consent to service of
 49 21 process on the commissioner, a notice with the name and
 49 22 ownership of the provider, and such other information as the
 49 23 commissioner requires, annually with the commissioner no later
 49 24 than August 1.  If August 1 falls on a weekend or a holiday,
 49 25 the date for filing shall be the next business day.  In
 49 26 addition to the annual filing, the provider shall promptly
 49 27 file copies of any amended documents if material amendments
 49 28 have been made in the materials on file with the commissioner.
 49 29 If an annual filing is made after August 1 and sales have
 49 30 occurred during the period when the provider was in
 49 31 noncompliance with this section, the commissioner shall assess
 49 32 an additional filing fee that is two times the amount normally
 49 33 required for an annual filing.  A fee shall not be charged for
 49 34 interim filings made to keep the materials filed with the
 49 35 division current and accurate.  The annual filing shall be
 50  1 accompanied by a filing fee in the amount of one hundred
 50  2 dollars.
 50  3    c.  b.  A provider shall promptly file the following
 50  4 information with the commissioner:
 50  5    (1)  A change in the name or ownership of the provider.
 50  6    (2)  The termination of the provider's business.
 50  7    A provider is not required to submit a fee as part of this
 50  8 filing.
 50  9    Sec. 91.  Section 516E.4, subsection 1, Code Supplement
 50 10 2005, is amended by striking the subsection and inserting in
 50 11 lieu thereof the following:
 50 12    1.  REQUIREMENTS.  A reimbursement insurance policy
 50 13 insuring a service contract issued, sold, or offered for sale
 50 14 in this state shall provide for all of the following:
 50 15    a.  The reimbursement insurance policy shall, in the event
 50 16 of the service company's failure to perform under the service
 50 17 contract or otherwise, either reimburse or pay on behalf of
 50 18 the service company any covered amounts that the service
 50 19 company is legally obligated to pay under the service
 50 20 contract, including the return of any unearned service company
 50 21 fee owed by the service company to the service contract
 50 22 holder.
 50 23    b.  An insurer that issues a reimbursement insurance policy
 50 24 shall assume full responsibility for the administration of
 50 25 claims made pursuant to a service contract in the event that
 50 26 the service company is unable to do so.
 50 27    c.  If a service covered under a service contract is not
 50 28 provided by the service company within sixty days of proof of
 50 29 loss by the service contract holder, the service contract
 50 30 holder is entitled to apply directly against the reimbursement
 50 31 insurance policy of the service company.
 50 32    Sec. 92.  Section 516E.4, Code Supplement 2005, is amended
 50 33 by adding the following new subsections:
 50 34    NEW SUBSECTION.  4.  OBLIGATIONS INSURED.  If a service
 50 35 company secures its service contracts with a reimbursement
 51  1 insurance policy, the reimbursement insurance policy shall
 51  2 insure one hundred percent of the obligations of all service
 51  3 contracts sold by the service company.
 51  4    NEW SUBSECTION.  5.  QUALIFICATIONS OF INSURER.  An insurer
 51  5 issuing a reimbursement insurance policy under this chapter
 51  6 shall be authorized, registered, or otherwise permitted to
 51  7 transact business in this state, or shall be an excess and
 51  8 surplus lines insurer authorized, registered, or otherwise
 51  9 permitted to transact business in this state, and shall meet
 51 10 one of the following requirements:
 51 11    a.  At the time the policy is filed with the commissioner,
 51 12 and continuously thereafter, the insurer maintains surplus as
 51 13 to policyholders and paid=in capital of at least fifteen
 51 14 million dollars and annually files copies of the insurer's
 51 15 financial statements, national association of insurance
 51 16 commissioners annual statement, and actuarial certification,
 51 17 if required and filed in the insurer's state of domicile.
 51 18    b.  At the time the policy is filed with the commissioner
 51 19 and continuously thereafter, the insurer does all of the
 51 20 following:
 51 21    (1)  Maintains surplus as to policyholders and paid=in
 51 22 capital of less than fifteen million dollars but at least ten
 51 23 million dollars.
 51 24    (2)  Demonstrates to the satisfaction of the commissioner
 51 25 that the insurer maintains a ratio of net written premiums,
 51 26 wherever written, to surplus as to policyholders and paid=in
 51 27 capital of not greater than three to one.
 51 28    (3)  Files copies annually of the insurer's financial
 51 29 statements, national association of insurance commissioners
 51 30 annual statement, and actuarial certification, if required and
 51 31 filed in the insurer's state of domicile.
 51 32    Sec. 93.  Section 516E.5, subsection 1, Code Supplement
 51 33 2005, is amended to read as follows:
 51 34    1.  a.  A service contract insured by a reimbursement
 51 35 insurance policy shall not be issued, sold, or offered for
 52  1 sale in this state unless the contract conspicuously states
 52  2 that the obligations of the service company to the service
 52  3 contract holder are guaranteed under a reimbursement insurance
 52  4 policy, including a statement in substantially the following
 52  5 form:
 52  6    "Obligations of the service company under this service
 52  7 contract are guaranteed under a reimbursement insurance
 52  8 policy.  If the service company fails to pay or provide
 52  9 service on a claim within sixty days after proof of loss has
 52 10 been filed with the service company, the service contract
 52 11 holder is entitled to make a claim directly against the
 52 12 reimbursement insurance policy."
 52 13    b.  A claim against a reimbursement insurance policy shall
 52 14 also include a claim for return of the unearned consideration
 52 15 service company fee paid for the service contract in excess of
 52 16 the premium paid.  A service contract shall conspicuously
 52 17 state the name and address of the issuer of the reimbursement
 52 18 insurance policy for that service contract.
 52 19    c.  A service contract issued, sold, or offered for sale in
 52 20 this state that is not insured under a reimbursement insurance
 52 21 policy shall contain a statement in substantially the
 52 22 following form:
 52 23    "Obligations of the service company under this service
 52 24 contract are backed by the full faith and credit of the
 52 25 service company."
 52 26    Sec. 94.  Section 516E.5, subsection 2, paragraphs a and b,
 52 27 Code Supplement 2005, are amended to read as follows:
 52 28    a.  Clearly and conspicuously states the name and address
 52 29 of the service company, and describes the service company's
 52 30 obligations to perform services or to arrange for the
 52 31 performance of services under the service contract, and states
 52 32 that the obligations of the service company to the service
 52 33 contract holder are guaranteed under a reimbursement insurance
 52 34 policy.
 52 35    b.  Clearly and conspicuously states the name and address
 53  1 of the issuer of the reimbursement insurance policy, if
 53  2 applicable.
 53  3    Sec. 95.  Section 516E.9, Code Supplement 2005, is amended
 53  4 to read as follows:
 53  5    516E.9  MISREPRESENTATIONS OF STATE APPROVAL.
 53  6    A service company shall not represent or imply in any
 53  7 manner that the service company has been sponsored,
 53  8 recommended, or approved or that the service company's
 53  9 abilities or qualifications have in any respect been passed
 53 10 upon by the state of Iowa, including the commissioner, the
 53 11 insurance division, or the division's securities and regulated
 53 12 industries bureau.
 53 13    Sec. 96.  Section 516E.15, subsection 1, paragraph b, Code
 53 14 Supplement 2005, is amended to read as follows:
 53 15    b.  A provider, or service company, or third=party
 53 16 administrator that fails to file documents and information
 53 17 with the commissioner as required pursuant to section 516E.3
 53 18 may be subject to a civil penalty.  The amount of the civil
 53 19 penalty shall not be more than four hundred dollars plus two
 53 20 dollars for each service contract that the person executed
 53 21 prior to satisfying the filing requirement.  However, a person
 53 22 who fails to file information regarding a change in the name
 53 23 or the termination of the business of a provider, or service
 53 24 company, or third=party administrator as required pursuant to
 53 25 section 516E.3 is subject to a civil penalty of not more than
 53 26 five hundred dollars.
 53 27    Sec. 97.  NEW SECTION.  516E.20  APPLICATION OF INSURANCE
 53 28 LAWS.
 53 29    The sale of a service contract under this chapter shall not
 53 30 be deemed to include the sale of insurance.  Unless a service
 53 31 company, third=party administrator, or provider is otherwise
 53 32 engaged in the sale of insurance, the insurance laws of this
 53 33 state are not applicable to the service company, third party
 53 34 administrator, or provider of such a service contract.
 53 35    Sec. 98.  NEW SECTION.  516E.21  FINANCIAL RESPONSIBILITY
 54  1 AND SECURITY REQUIREMENTS IN LIEU OF REIMBURSEMENT INSURANCE
 54  2 POLICY.
 54  3    1.  In lieu of obtaining a reimbursement insurance policy
 54  4 as provided in section 516E.2, subsection 3, a service company
 54  5 may secure its service contracts by maintaining a funded
 54  6 reserve account which complies with all of the following:
 54  7    a.  The reserve account shall be in a custodial account at
 54  8 a financial institution that is dedicated to the service
 54  9 company's outstanding obligations under service contracts
 54 10 issued and outstanding in this state.
 54 11    b.  The reserve account shall comply with rules adopted by
 54 12 the commissioner pursuant to chapter 17A establishing
 54 13 requirements for reserve accounts, reserve account agreements,
 54 14 or the method of valuing marketable securities as necessary to
 54 15 protect holders of service contracts issued and outstanding in
 54 16 this state.  The commissioner may require amendments to
 54 17 reserve account agreements that are not in compliance with the
 54 18 provisions of this section.
 54 19    c.  The reserve account shall not be an amount that is less
 54 20 than forty percent of the gross consideration received, less
 54 21 claims paid, on the sale of service contracts issued and
 54 22 outstanding by the service company in this state.
 54 23    d.  The reserve account shall be subject to examination and
 54 24 review by the commissioner or a designee on the premises of
 54 25 the financial institution where the account is located and the
 54 26 financial institution shall, upon request, produce documents
 54 27 or records as necessary to allow the commissioner or a
 54 28 designee to verify the value and safety of the assets of the
 54 29 reserve account.
 54 30    2.  The service company shall annually provide the
 54 31 commissioner with one of the following:
 54 32    a.  A copy of the service company's financial statements.
 54 33    b.  If the service company's financial statements are
 54 34 consolidated with those of its parent company, a copy of the
 54 35 parent company's most recent form 10=K or form 20=F filed with
 55  1 the federal securities and exchange commission within the last
 55  2 calendar year, or if the parent company does not file with the
 55  3 federal securities and exchange commission, a copy of the
 55  4 parent company's audited financial statements showing a net
 55  5 worth of at least one hundred million dollars.  If the service
 55  6 company's financial statements are consolidated with those of
 55  7 its parent company, the service company shall also provide a
 55  8 copy of a written agreement by the parent company guaranteeing
 55  9 the obligations of the service company under service contracts
 55 10 issued and outstanding by the service company in this state.
 55 11    3.  If a service contract company secures its contracts by
 55 12 maintaining a funded reserve account as provided in subsection
 55 13 1 but does not have or maintain a minimum net worth or
 55 14 stockholders equity of one hundred million dollars or more,
 55 15 the service company shall also meet one of the following
 55 16 requirements:
 55 17    a.  Maintain a security deposit trust fund which complies
 55 18 with all of the following:
 55 19    (1)  The security deposit trust fund shall be in an account
 55 20 at a financial institution.
 55 21    (2)  The security deposit trust fund shall be held,
 55 22 invested, and administered for the benefit and protection of
 55 23 service contract holders in this state in the event of
 55 24 nonperformance of the service contract by the service company.
 55 25    (3)  The security deposit trust fund shall comply with
 55 26 rules adopted by the commissioner pursuant to chapter 17A,
 55 27 establishing the form, terms, and conditions of security
 55 28 deposit trust fund agreements established pursuant to this
 55 29 paragraph "a".
 55 30    (4)  The security deposit trust fund shall be subject to
 55 31 recovery by any service contract holder sustaining actionable
 55 32 injury due to the failure of the service company to perform
 55 33 its obligations under the service contract.  A holder of a
 55 34 service contract issued in this state may, in the event of
 55 35 nonperformance by the service company, maintain an action and
 56  1 file a claim against the security deposit trust fund
 56  2 maintained by the service company.
 56  3    (5)  The security deposit trust fund shall not be
 56  4 commingled with other funds of the service company.
 56  5    (6)  The security deposit trust fund shall have a value of
 56  6 not less than five percent of the gross consideration received
 56  7 by the service company, less claims paid, for the sale of all
 56  8 service contracts issued and in force in this state, but not
 56  9 less than twenty=five thousand dollars, and consists of one or
 56 10 more of the following:
 56 11    (a)  Cash.
 56 12    (b)  Securities of the type eligible for deposit by
 56 13 insurers authorized to transact business in this state.
 56 14    (c)  Certificates of deposit.
 56 15    (d)  Another form of security as prescribed by the
 56 16 commissioner by rule.
 56 17    b.  File a surety bond with the commissioner that is issued
 56 18 by a surety company authorized to do business in this state,
 56 19 and that complies with all of the following:
 56 20    (1)  The surety bond is conditioned upon the service
 56 21 company's faithful performance of service contracts subject to
 56 22 this chapter.
 56 23    (2)  The surety bond is for the benefit of and subject to
 56 24 recovery by any service contract holder sustaining actionable
 56 25 injury due to the failure of the service company to perform
 56 26 its obligations under a service contract.  The surety's
 56 27 liability shall extend to all service contracts issued by the
 56 28 service company and outstanding in this state.  A holder of a
 56 29 service contract issued in this state may, in the event of
 56 30 nonperformance of the contract by the service company,
 56 31 maintain an action and file a claim against the surety bond
 56 32 filed by the service company.
 56 33    (3)  The surety bond is for an amount that is not less than
 56 34 five percent of the gross consideration received by the
 56 35 service company, less claims paid, for the sale of all service
 57  1 contracts issued and in force in this state, but not less than
 57  2 twenty=five thousand dollars.
 57  3    (4)  The surety bond cannot be canceled by the surety
 57  4 except upon written notice of cancellation by the surety to
 57  5 the commissioner by restricted certified mail, and not prior
 57  6 to the expiration of sixty days after receipt of the notice by
 57  7 the commissioner.
 57  8    Sec. 99.  Section 518.15, Code 2005, is amended to read as
 57  9 follows:
 57 10    518.15  REPORTS, AND EXAMINATIONS, AND RENEWALS.
 57 11    1.  The president or the vice president and secretary of
 57 12 each association authorized to do business under this chapter
 57 13 shall annually before the first day of March prepare under
 57 14 oath and file with the commissioner of insurance a full, true
 57 15 and complete statement of the condition of such association on
 57 16 the last day of the preceding year.  The commissioner of
 57 17 insurance shall prescribe the report forms and shall determine
 57 18 the information and data to be reported.
 57 19    2.  Such associations shall pay the same expenses of any
 57 20 examination made or ordered to be made by the commissioner of
 57 21 insurance and the same fees for the annual reports and annual
 57 22 certificates of authority as are required to be paid by
 57 23 domestic companies organized and doing business under chapter
 57 24 515, which certificates shall expire June 1 of the year
 57 25 following the date of issue.
 57 26    3.  A certificate of authority of an association formed
 57 27 under this chapter expires on June 1 succeeding its issue and
 57 28 shall be renewed annually so long as the association transacts
 57 29 its business in accordance with all legal requirements.  An
 57 30 association shall submit annually, on or before March 1, a
 57 31 completed application for renewal of its certificate of
 57 32 authority.
 57 33    4.  The commissioner shall refuse to renew the certificate
 57 34 of authority of an association that fails to comply with the
 57 35 provisions of this chapter.
 58  1    5.  An association formed under this chapter that fails to
 58  2 timely file the statement required under subsection 1 or the
 58  3 application for renewal required under subsection 3 is in
 58  4 violation of this section and shall pay an administrative
 58  5 penalty of five hundred dollars to the treasurer of state for
 58  6 deposit in the general fund of the state as provided in
 58  7 section 505.7.  The association's right to transact new
 58  8 business in this state shall immediately cease until the
 58  9 association has fully complied with this chapter.
 58 10    6.  The commissioner may give notice to an association that
 58 11 the association has not timely filed the statement required
 58 12 under subsection 1 or an application for renewal under
 58 13 subsection 3 and is in violation of this section.  If the
 58 14 association fails to file the required statement or
 58 15 application and comply with this section within ten days of
 58 16 the date of the notice, the association shall pay an
 58 17 additional administrative penalty of one hundred dollars for
 58 18 each day that the failure continues to the treasurer of state
 58 19 for deposit in the general fund of the state as provided in
 58 20 section 505.7.
 58 21    Sec. 100.  Section 518A.18, Code 2005, is amended to read
 58 22 as follows:
 58 23    518A.18  ANNUAL REPORT == PENALTIES.
 58 24    1.  An association doing business under this chapter, on or
 58 25 before March 1 of each year, shall prepare under oath and file
 58 26 with the commissioner of insurance an accurate and complete
 58 27 statement of the condition of the association as of the last
 58 28 day of the preceding calendar year.  The statement shall
 58 29 conform to the annual statement blank prepared pursuant to
 58 30 instructions prescribed by the commissioner.  All financial
 58 31 information reflected in the annual report shall be kept and
 58 32 prepared pursuant to accounting practices and procedures
 58 33 prescribed by the commissioner.  Statements filed with the
 58 34 commissioner pursuant to this section shall be tabulated and
 58 35 published by the commissioner of insurance in the annual
 59  1 report of insurance.
 59  2    2.  An association that fails to timely file the statement
 59  3 required under subsection 1 is in violation of this section
 59  4 and shall pay an administrative penalty of five hundred
 59  5 dollars for each violation to the treasurer of state for
 59  6 deposit in the general fund of the state as provided in
 59  7 section 505.7.
 59  8    3.  The commissioner may give notice to an association that
 59  9 the association has not timely filed the statement required
 59 10 under subsection 1 and is in violation of this section.  If
 59 11 the association fails to file the required statement and
 59 12 comply with this section within ten days of the date of the
 59 13 notice, the association shall pay an additional administrative
 59 14 penalty of one hundred dollars for each day that each failure
 59 15 continues to the treasurer of state for deposit in the general
 59 16 fund of the state as provided in section 505.7.
 59 17    4.  The association's right to transact new business in
 59 18 this state shall immediately cease until the association has
 59 19 fully complied with this chapter.
 59 20    Sec. 101.  Section 518A.35, subsection 1, Code 2005, is
 59 21 amended to read as follows:
 59 22    1.  A state mutual insurance association doing business
 59 23 under this chapter shall on or before the first day of March,
 59 24 each year, pay to the director of revenue, or a depository
 59 25 designated by the director, a sum equivalent to the applicable
 59 26 percent of the gross receipts from premiums and fees for
 59 27 business done within the state, including all insurance upon
 59 28 property situated in the state without including or deducting
 59 29 any amounts received or paid for reinsurance.  However, a
 59 30 company reinsuring windstorm or hail risks written by county
 59 31 mutual insurance associations is required to pay the
 59 32 applicable percent tax on the gross amount of reinsurance
 59 33 premiums received written upon such risks, but after deducting
 59 34 the amount returned upon canceled policies and rejected
 59 35 applications covering property situated within the state, and
 60  1 dividends returned to policyholders on property situated
 60  2 within the state.  For purposes of this section, "applicable
 60  3 percent" means the same as specified in section 432.1,
 60  4 subsection 4.
 60  5    Sec. 102.  Section 518A.40, Code 2005, is amended to read
 60  6 as follows:
 60  7    518A.40  ANNUAL FEES == RENEWALS == PENALTIES.
 60  8    1.  Such associations shall pay the same fees for annual
 60  9 reports and annual certificates of authority as are required
 60 10 to be paid by domestic companies organized and doing business
 60 11 under chapter 515, which certificates shall expire May 1 of
 60 12 the year following the date of issue.
 60 13    2.  A certificate of authority of an association formed
 60 14 under this chapter shall be renewed annually so long as the
 60 15 organization transacts its business in accordance with all
 60 16 legal requirements.  Such an association shall submit
 60 17 annually, on or before March 1, a completed application for
 60 18 renewal of its certificate of authority.
 60 19    3.  The commissioner shall refuse to renew the certificate
 60 20 of authority of a state mutual insurance association that
 60 21 fails to comply with the provisions of this chapter and the
 60 22 association's right to transact new business in this state
 60 23 shall immediately cease until the association has so complied.
 60 24    4.  An association that fails to timely file the
 60 25 application for renewal required under subsection 2 is in
 60 26 violation of this section and shall pay an administrative
 60 27 penalty of five hundred dollars to the treasurer of state for
 60 28 deposit in the general fund of the state as provided in
 60 29 section 505.7.
 60 30    Sec. 103.  Section 518C.17, Code 2005, is amended to read
 60 31 as follows:
 60 32    518C.17  ACTIONS AGAINST THE ASSOCIATION.
 60 33    An action against the association shall be brought against
 60 34 it in the association's own name and only in the Polk county
 60 35 district court.  Service of original notice in an action
 61  1 against the association may shall be made on any officer of
 61  2 the association or upon the commissioner of insurance on its
 61  3 behalf.  The commissioner shall promptly transmit any notice
 61  4 served upon the commissioner to the association.
 61  5    Sec. 104.  Section 520.4, subsection 9, Code 2005, is
 61  6 amended by striking the subsection.
 61  7    Sec. 105.  Section 520.5, Code 2005, is amended to read as
 61  8 follows:
 61  9    520.5  ACTIONS == VENUE == COMMISSIONER AS PROCESS AGENT.
 61 10    Concurrently with the filing of the declaration provided
 61 11 for by the terms of section 520.4, the attorney shall file
 61 12 with the commissioner of insurance, an instrument in writing
 61 13 executed by the attorney for said subscribers, conditioned
 61 14 that, upon the issuance of certificate of authority provided
 61 15 for in this chapter, action may be brought in the county in
 61 16 which the property or person insured thereunder is located,
 61 17 and that service of process shall be had upon the commissioner
 61 18 of insurance or upon the attorney in fact in all suits in this
 61 19 state, whether arising out of such policies, contracts,
 61 20 agreements or otherwise, which service shall be valid and
 61 21 binding upon all subscribers exchanging at any time reciprocal
 61 22 or interinsurance contracts through such attorney.  All suits
 61 23 of every kind and description brought against such reciprocal
 61 24 exchange or the subscribers thereto on account of their
 61 25 connection therewith, must be brought against the attorney in
 61 26 fact therefor or the exchange as such, and shall not be
 61 27 brought against any of the subscribers thereto individually on
 61 28 account of their connection with or membership in such
 61 29 reciprocal exchange, and must be brought in the manner and
 61 30 method above provided.
 61 31    Sec. 106.  Section 520.7, Code 2005, is amended to read as
 61 32 follows:
 61 33    520.7  JUDGMENT == SATISFACTION.
 61 34    A judgment rendered in any such case where service of
 61 35 process has been so had upon the commissioner of insurance,
 62  1 attorney in fact shall be valid and binding against any and
 62  2 all such subscribers as their interests appear and such
 62  3 judgment may be satisfied out of the funds in the possession
 62  4 of the attorney belonging to such subscribers.
 62  5    Sec. 107.  Section 520.10, Code 2005, is amended to read as
 62  6 follows:
 62  7    520.10  ANNUAL REPORT == EXAMINATION == PENALTIES.
 62  8    1.  Such attorney shall, within the time limited for filing
 62  9 the annual statement by insurance companies transacting the
 62 10 same kind of business, make a report, under oath, to the
 62 11 commissioner of insurance for each calendar year, showing the
 62 12 financial condition of affairs at the office where such
 62 13 contracts are issued and shall, at any and all times, furnish
 62 14 such additional information and reports as may be required;
 62 15 provided, however, that the attorney shall not be required to
 62 16 furnish the names and addresses of any subscribers except in
 62 17 case of an unpaid final judgment.  The business affairs,
 62 18 records, and assets of any such organization shall be subject
 62 19 to examination by the commissioner of insurance at any
 62 20 reasonable time, and such examination shall be at the expense
 62 21 of the organization examined.
 62 22    2.  A certificate of authority of a reciprocal or
 62 23 interinsurance insurer authorized under this chapter shall be
 62 24 renewed annually in accordance with section 520.12 so long as
 62 25 the insurer transacts its business in accordance with all
 62 26 legal requirements.
 62 27    3.  The commissioner shall refuse to renew the certificate
 62 28 of authority of a reciprocal or interinsurance insurer that
 62 29 fails to comply with the provisions of this chapter and the
 62 30 insurer's right to transact new business in this state shall
 62 31 immediately cease until the insurer has so complied.
 62 32    4.  A reciprocal or interinsurance insurer that fails to
 62 33 timely file the report required under subsection 1 is in
 62 34 violation of this section and shall pay an administrative
 62 35 penalty of five hundred dollars to the treasurer of state for
 63  1 deposit in the general fund of the state as provided in
 63  2 section 505.7.
 63  3    5.  The commissioner may give notice to a reciprocal or
 63  4 interinsurance insurer that the insurer has not timely filed
 63  5 the report required under subsection 1 and is in violation of
 63  6 this section.  If the insurer fails to file the required
 63  7 report and comply with this section within ten days of the
 63  8 date of the notice, the insurer shall pay an additional
 63  9 administrative penalty of one hundred dollars for each day
 63 10 that the failure continues to the treasurer of state for
 63 11 deposit in the general fund of the state as provided in
 63 12 section 505.7.
 63 13    Sec. 108.  Section 520.12, Code 2005, is amended to read as
 63 14 follows:
 63 15    520.12  CERTIFICATE OF AUTHORITY == RENEWAL == PENALTIES.
 63 16    1.  Upon compliance with the requirements of this chapter,
 63 17 the commissioner of insurance shall issue a certificate of
 63 18 authority or a license to the attorney, authorizing the
 63 19 attorney to make such contracts of insurance, which license
 63 20 shall specify the kind or kinds of insurance and shall contain
 63 21 the name of the attorney, the location of the principal office
 63 22 and the name or designation under which such contracts of
 63 23 insurance are issued.  The certificate of authority shall
 63 24 expire on the first day of June next succeeding its issue, and
 63 25 shall be renewed annually as long as the company transacts
 63 26 business in accordance with the requirements of law.  A copy
 63 27 of the certificate, when certified by the commissioner of
 63 28 insurance, shall be admissible in evidence for or against a
 63 29 company with the same effect as the original.
 63 30    2.  A reciprocal or interinsurance insurer shall submit
 63 31 annually, on or before March 1, a completed application for
 63 32 renewal of the insurer's certificate of authority.  An insurer
 63 33 that fails to timely file an application for renewal shall pay
 63 34 an administrative fee of five hundred dollars to the treasurer
 63 35 of state for deposit in the general fund of the state as
 64  1 provided in section 505.7.
 64  2    Sec. 109.  Section 521.1, Code 2005, is amended to read as
 64  3 follows:
 64  4    521.1  DEFINITIONS.
 64  5    For the purposes of this chapter:
 64  6    1.  "Affected company" or "affected mutual company" means
 64  7 the company being merged with and into the surviving company.
 64  8    2.  "Commission" means the commission created in section
 64  9 521.5.
 64 10    3.  "Commissioner" means the commissioner of insurance.
 64 11    4.  "Company" or "companies" when used in this chapter
 64 12 means a company or association organized under chapter 508,
 64 13 511, 515, 518, 518A, or 520, and includes a mutual insurance
 64 14 holding company organized pursuant to section 521A.14.
 64 15    Sec. 110.  Section 521.2, Code 2005, is amended to read as
 64 16 follows:
 64 17    521.2  LIFE COMPANIES == CONSOLIDATION, MERGER, AND
 64 18 REINSURANCE.
 64 19    1.  One or more domestic mutual insurance companies
 64 20 organized under chapter 491 may merge or consolidate with a
 64 21 domestic or foreign mutual insurance company as provided in
 64 22 this chapter.  Sections 491.101 through 491.105 shall not be
 64 23 applicable to a merger or consolidation of a domestic mutual
 64 24 insurance company pursuant to this chapter.
 64 25    2.  One or more domestic insurance companies organized
 64 26 under chapter 490 may merge with a domestic or foreign
 64 27 insurance company as provided in chapter 490 with the approval
 64 28 of the commission pursuant to this chapter.
 64 29    3.  The provisions of this chapter shall not be applicable
 64 30 to the merger or consolidation of a domestic mutual company
 64 31 with a stock company pursuant to chapter 508B or chapter 515G.
 64 32    4.  A domestic mutual insurance company organized under the
 64 33 laws of this state to do the business of life insurance,
 64 34 either on the stock, mutual, stipulated premium, or assessment
 64 35 plan, shall not consolidate with any other company or reinsure
 65  1 its risks, or any part of such risks, with any other company,
 65  2 or assume or reinsure the whole or any part of the risks of
 65  3 any other company, except as provided in this chapter.
 65  4 However, this chapter shall not be construed to prevent any
 65  5 company, as defined in section 521.1, from reinsuring a
 65  6 fractional part of any single risk.
 65  7    Sec. 111.  Section 521.3, Code 2005, is amended by striking
 65  8 the section and inserting in lieu thereof the following:
 65  9    521.3  SUBMISSION OF PLAN AND APPLICATION TO COMMISSIONER
 65 10 OF INSURANCE.
 65 11    Any company proposing to consolidate, merge, or enter into
 65 12 any reinsurance contract with another company shall file a
 65 13 plan and an application in support of the plan with the
 65 14 commissioner.  The plan shall set forth the terms of the
 65 15 proposed contract of consolidation, merger, or reinsurance,
 65 16 along with any other information requested by the
 65 17 commissioner.
 65 18    Sec. 112.  Section 521.4, Code 2005, is amended by striking
 65 19 the section and inserting in lieu thereof the following:
 65 20    521.4  PROCEDURE == NOTICE.
 65 21    The commission may hear and determine an application, and
 65 22 approve, disapprove, or require modification of a plan
 65 23 submitted under section 521.3 without notice and without
 65 24 public hearing.  The commission may require a public hearing
 65 25 when necessary to conserve the interests of the members,
 65 26 policyholders, or shareholders of the affected company.  In
 65 27 such cases the commission shall require the affected company
 65 28 to mail to all of its members, policyholders, or shareholders
 65 29 written notice of the public hearing stating that an
 65 30 application and plan have been filed with the commission, the
 65 31 nature of the plan, and the date, time, and place of the
 65 32 public hearing on the application and plan.  The commission
 65 33 shall determine the number of days prior to the public hearing
 65 34 that notice is required to be given to the members or
 65 35 shareholders, which shall be no fewer than ten nor more than
 66  1 sixty days.
 66  2    Sec. 113.  Section 521.5, Code 2005, is amended to read as
 66  3 follows:
 66  4    521.5  COMMISSION TO HEAR PETITION CREATED.
 66  5    For the purpose of hearing and determining such petition, a
 66  6 A commission consisting of the commissioner of insurance and
 66  7 the attorney general is hereby created to hear and determine
 66  8 the application and to approve, disapprove, or require
 66  9 modification of the plan prior to approval.
 66 10    Sec. 114.  Section 521.6, Code 2005, is amended to read as
 66 11 follows:
 66 12    521.6  EXAMINATION.
 66 13    The commission may make such examination into examine the
 66 14 affairs and condition of any company or companies as it may
 66 15 deem deems proper, and shall have the power to summon and
 66 16 compel the attendance and testimony of witnesses, and the
 66 17 production of books and papers before said the commission and
 66 18 may administer oaths.
 66 19    Sec. 115.  Section 521.7, Code 2005, is amended to read as
 66 20 follows:
 66 21    521.7  APPEARANCE BY MEMBERS, POLICYHOLDERS, OR
 66 22 SHAREHOLDERS.
 66 23    When notice shall have been is given as above provided in
 66 24 section 521.4, any member, policyholder, or stockholder
 66 25 shareholder of said the affected company or companies shall
 66 26 have the right to appear before said the commission and be
 66 27 heard with reference to said petition regarding the
 66 28 application and plan.
 66 29    Sec. 116.  Section 521.8, Code 2005, is amended to read as
 66 30 follows:
 66 31    521.8  AUTHORIZATION.
 66 32    Said The commission, if satisfied that the interests of the
 66 33 members, policyholders, or shareholders of said the affected
 66 34 company or companies are properly protected and no reasonable
 66 35 objection to said petition the application and plan exists,
 67  1 may authorize approve, disapprove, or require modification of
 67  2 the proposed plan of consolidation, merger, or reinsurance or
 67  3 may direct such modification thereof as may seem to it best
 67  4 for the interests of the policyholders; and said prior to
 67  5 approval.  The commission may make such order and disposition
 67  6 of the assets of any such company thereafter remaining as
 67  7 shall be just and equitable.
 67  8    Sec. 117.  Section 521.10, Code 2005, is amended by
 67  9 striking the section and inserting in lieu thereof the
 67 10 following:
 67 11    521.10  ELECTION CALLED.
 67 12    1.  The commission may require an affected company to
 67 13 submit the plan of consolidation, merger, or reinsurance to a
 67 14 vote by its members.  The plan shall be submitted at a meeting
 67 15 called for that purpose, upon not less than thirty days'
 67 16 notice.  Member approval of the plan requires the affirmative
 67 17 vote of two=thirds of all members voting in person, by ballot,
 67 18 or by proxy.
 67 19    2.  Approval by the members of a mutual company of a plan
 67 20 of merger or reinsurance is not required if all of the
 67 21 following conditions are satisfied:
 67 22    a.  The company will survive the merger or is the
 67 23 reinsurer.
 67 24    b.  At the time of the merger or reinsurance, the number of
 67 25 members of the surviving company is greater than the number of
 67 26 members of the affected company.
 67 27    c.  At the time of the merger or reinsurance, the surplus
 67 28 of the surviving company is greater than the surplus of the
 67 29 affected company.
 67 30    Sec. 118.  Section 521.13, Code 2005, is amended by
 67 31 striking the section and inserting in lieu thereof the
 67 32 following:
 67 33    521.13  REINSURANCE TRANSACTIONS == EXEMPTION.
 67 34    Reinsurance as provided in sections 515.49, 518.17,
 67 35 518A.44, and 520.21 is exempt from the requirements of this
 68  1 chapter.
 68  2    Sec. 119.  Section 521.14, Code 2005, is amended to read as
 68  3 follows:
 68  4    521.14  EXPENSES AND COSTS == HOW PAID.
 68  5    All expenses and costs incident to proceedings under the
 68  6 provisions of this chapter, shall be paid by the company or
 68  7 companies bringing filing the petition application and plan.
 68  8    Sec. 120.  Section 521.16, Code 2005, is amended to read as
 68  9 follows:
 68 10    521.16  APPLICABILITY OF CHAPTER SECTION 521A.3.
 68 11    Chapter 521A is The provisions of section 521A.3 shall also
 68 12 be applicable to a merger or consolidation made pursuant
 68 13 subject to this chapter, and the provisions of chapter 521A
 68 14 and this chapter shall apply exclusively with respect to such
 68 15 merger or consolidation.
 68 16    Sec. 121.  NEW SECTION.  521.17  ADDITIONAL FILING
 68 17 REQUIREMENTS == PLANS AND ARTICLES OF MERGER OR CONSOLIDATION.
 68 18    A company filing a plan to merge or consolidate shall, in
 68 19 addition to and after meeting the requirements of this
 68 20 chapter, make all appropriate filings with and pay appropriate
 68 21 fees to the secretary of state required under chapter 490 or
 68 22 491.
 68 23    Sec. 122.  NEW SECTION.  521.18  ARTICLES OF MERGER OR
 68 24 CONSOLIDATION == FILING FEES AND APPROVAL.
 68 25    A company filing a plan to merge or consolidate under the
 68 26 provisions of this chapter shall file its articles of merger
 68 27 or consolidation with the commission for its approval.  The
 68 28 fee for filing articles of merger or consolidation with the
 68 29 commission is fifty dollars.
 68 30    Sec. 123.  Section 521A.1, subsection 6, Code 2005, is
 68 31 amended to read as follows:
 68 32    6.  "Insurer" means a company qualified and licensed by the
 68 33 insurance division to transact the business of insurance in
 68 34 this state by certificate issued pursuant to chapters 508,
 68 35 512B, 514, 514B, 515, 515E, and 520, except that it shall not
 69  1 include:
 69  2    a.  Agencies agencies, authorities, or instrumentalities of
 69  3 the United States, its possessions and territories, the
 69  4 commonwealth of Puerto Rico, the District of Columbia, or a
 69  5 state or political subdivision of a state.
 69  6    b.  Fraternal benefit societies.
 69  7    c.  Nonprofit medical, hospital or dental service
 69  8 associations.
 69  9    Sec. 124.  Section 521A.2, subsection 1, paragraph c, Code
 69 10 2005, is amended to read as follows:
 69 11    c.  Investing, reinvesting, or trading in securities and
 69 12 financial instruments as defined in section 511.8, subsection
 69 13 22, for its own account, that of its parent, any subsidiary of
 69 14 its parent, or any affiliate or subsidiary.
 69 15    Sec. 125.  Section 521A.2, subsection 3, Code 2005, is
 69 16 amended by adding the following new paragraph:
 69 17    NEW PARAGRAPH.  d.  Invest, reinvest, and trade in
 69 18 financial instruments as defined in section 511.8, subsection
 69 19 22, for its own account, that of its parent, any subsidiary of
 69 20 its parent, or any affiliate or subsidiary.
 69 21    Sec. 126.  Section 521A.3, subsection 7, Code 2005, is
 69 22 amended to read as follows:
 69 23    7.  JURISDICTION == CONSENT TO SERVICE OF PROCESS.  The
 69 24 district court is hereby vested with jurisdiction over every
 69 25 person not resident, domiciled, or authorized to do business
 69 26 in this state who files a statement with the commissioner
 69 27 under this section, and over all actions involving such person
 69 28 arising out of violations of this section, and each such
 69 29 person shall be deemed to have performed acts equivalent to
 69 30 and constituting an appointment by such a person of the
 69 31 commissioner to be the person's true and lawful attorney upon
 69 32 whom may be served all lawful process, notice or demand in any
 69 33 action, suit or proceeding arising out of violations of this
 69 34 section.  Copies of all such lawful process, notice or demand
 69 35 shall be served on the commissioner and transmitted by
 70  1 registered or certified mail by the commissioner to such
 70  2 person at the person's last known address.
 70  3    Sec. 127.  Section 521B.2, subsection 6, paragraph a,
 70  4 subparagraph (2), Code 2005, is amended to read as follows:
 70  5    (2)  That the commissioner or an attorney designated in the
 70  6 agreement is the true and lawful attorney of the assuming
 70  7 insurer upon whom may be served any lawful process in any
 70  8 action, suit, or proceeding instituted by or on behalf of the
 70  9 ceding company.
 70 10    Sec. 128.  Section 521C.3, subsection 4, paragraph b, Code
 70 11 2005, is amended to read as follows:
 70 12    b.  A reinsurance intermediary license applicant, as a
 70 13 condition precedent to receiving or holding a license, shall
 70 14 designate the commissioner as agent for service of process,
 70 15 and also shall furnish the commissioner with the name and
 70 16 address of a resident of this state upon whom notices or
 70 17 orders of the commissioner or process affecting such
 70 18 nonresident reinsurance intermediary may be served.  The
 70 19 licensee shall promptly notify the commissioner in writing of
 70 20 a change of the designated agent for service of process, and
 70 21 the change becomes effective upon acknowledgment by the
 70 22 commissioner.
 70 23    Sec. 129.  Section 522B.5, subsection 1, paragraph c, Code
 70 24 2005, is amended to read as follows:
 70 25    c.  The individual has paid the license fee of fifty thirty
 70 26 dollars.
 70 27    Sec. 130.  Section 522B.6, subsection 1, Code 2005, is
 70 28 amended to read as follows:
 70 29    1.  A person who meets the requirements of sections 522B.4
 70 30 and 522B.5, unless otherwise denied licensure pursuant to
 70 31 section 522B.11, shall be issued an insurance producer
 70 32 license.  An insurance producer license is valid for three two
 70 33 years.
 70 34    Sec. 131.  NEW SECTION.  522B.16B  WRITTEN CONSENT TO
 70 35 ENGAGE OR PARTICIPATE IN BUSINESS OF INSURANCE.
 71  1    1.  A person who is prohibited by 18 U.S.C. } 1033 from
 71  2 engaging or participating in the business of insurance because
 71  3 that person has been convicted of a crime under that statute
 71  4 or of a felony involving dishonesty or breach of trust may
 71  5 apply to the commissioner for written consent to engage or
 71  6 participate in the business of insurance in this state.
 71  7    2.  The commissioner, by rule, shall establish a procedure
 71  8 and standards for issuing such a written consent.
 71  9    3.  The commissioner shall not issue an insurance producer
 71 10 license to an applicant who has been convicted of a crime as
 71 11 set forth in subsection 1 unless the applicant has first
 71 12 obtained a written consent from the commissioner to engage or
 71 13 participate in the business of insurance in this state.
 71 14    4.  If an insurance producer licensee is convicted of a
 71 15 crime as set forth in subsection 1, the commissioner shall
 71 16 revoke, suspend, or refuse to renew the licensee's insurance
 71 17 producer license.  The commissioner shall not renew or issue
 71 18 an insurance producer license to that person unless the person
 71 19 has first obtained a written consent from the commissioner to
 71 20 engage or participate in the business of insurance in this
 71 21 state.
 71 22    Sec. 132.  Section 523A.601, subsection 1, paragraph i,
 71 23 Code 2005, is amended to read as follows:
 71 24    i.  Include an explanation of regulatory oversight by the
 71 25 insurance division in twelve point boldface type, in
 71 26 substantially the following language:
 71 27    THIS AGREEMENT IS SUBJECT TO RULES ADMINISTERED BY THE IOWA
 71 28 INSURANCE DIVISION.  YOU MAY CALL THE INSURANCE DIVISION AT
 71 29 (..) ..... (515)281=4441.  WRITTEN INQUIRIES OR COMPLAINTS
 71 30 SHOULD BE MAILED TO THE IOWA SECURITIES AND REGULATED
 71 31 INDUSTRIES BUREAU, (STREET ADDRESS), (CITY) 330 MAPLE STREET,
 71 32 DES MOINES, IOWA (ZIP CODE) 50319.
 71 33    Sec. 133.  Section 523A.602, subsection 2, paragraph b,
 71 34 Code 2005, is amended by adding the following new
 71 35 subparagraph:
 72  1    NEW SUBPARAGRAPH.  (1A)  If a purchase agreement is
 72  2 canceled before the purchase price is paid in full, a
 72  3 purchaser requests a transfer of the trust assets upon
 72  4 cancellation of a purchase agreement before the purchase price
 72  5 is paid in full, or another establishment provides cemetery
 72  6 merchandise, funeral merchandise, funeral services, or a
 72  7 combination thereof, designated in a purchase agreement before
 72  8 the purchase price is paid in full, the seller shall refund or
 72  9 transfer within thirty days of receiving a written demand no
 72 10 less than the amount paid by the purchaser, less any actual
 72 11 expenses incurred by the seller pursuant to the purchase
 72 12 agreement as set forth in the purchase agreement under section
 72 13 523A.601, subsection 1, paragraph "f".  The amount of the
 72 14 actual expenses deducted by the seller shall not exceed ten
 72 15 percent of the total original purchase price of the applicable
 72 16 cemetery merchandise, funeral merchandise, funeral services,
 72 17 or a combination thereof.  The seller may also deduct the
 72 18 value of the cemetery merchandise, funeral merchandise, and
 72 19 funeral services already received by, delivered to, or
 72 20 warehoused for the purchaser.
 72 21    Sec. 134.  Section 523I.102, Code Supplement 2005, is
 72 22 amended by adding the following new subsections:
 72 23    NEW SUBSECTION.  0A.  "Abandoned cemetery" means a cemetery
 72 24 that is not operating on a regular basis, is not offering to
 72 25 sell or provide interments or other services reasonably
 72 26 necessary for interments, and is not providing or permitting
 72 27 reasonable ingress or egress to the cemetery for the purpose
 72 28 of visiting interment spaces.
 72 29    NEW SUBSECTION.  49.  "Veterans cemetery" means a cemetery
 72 30 that is owned or operated by the state of Iowa or by the
 72 31 United States for the burial of veterans.
 72 32    Sec. 135.  Section 523I.103, subsection 1, paragraph a,
 72 33 Code Supplement 2005, is amended to read as follows:
 72 34    a.  All cemeteries, except religious cemeteries that
 72 35 commenced business prior to July 1, 2005, and veterans
 73  1 cemeteries.
 73  2    Sec. 136.  Section 523I.201, subsection 1, Code Supplement
 73  3 2005, is amended to read as follows:
 73  4    1.  This chapter shall be administered by the commissioner.
 73  5 The deputy administrator appointed pursuant to section
 73  6 523A.801 502.601 shall be the principal operations officer
 73  7 responsible to the commissioner for the routine administration
 73  8 of this chapter and management of the administrative staff.
 73  9 In the absence of the commissioner, whether because of vacancy
 73 10 in the office due to absence, physical disability, or other
 73 11 cause, the deputy administrator shall, for the time being,
 73 12 have and exercise the authority conferred upon the
 73 13 commissioner.  The commissioner may by order from time to time
 73 14 delegate to the deputy administrator any or all of the
 73 15 functions assigned to the commissioner in this chapter.  The
 73 16 deputy administrator shall employ officers, attorneys,
 73 17 accountants, and other employees as needed for administering
 73 18 this chapter.
 73 19    Sec. 137.  Section 523I.309, subsection 1, Code Supplement
 73 20 2005, is amended to read as follows:
 73 21    1.  Any available member of the following classes of
 73 22 persons, in the priority listed, shall have the right to
 73 23 control the interment, relocation, or disinterment of a
 73 24 decedent's remains within or from a cemetery:
 73 25    a.  The attorney in fact of the decedent pursuant to a
 73 26 durable power of attorney for health care.
 73 27    b.  a.  The surviving spouse of the decedent, if not
 73 28 legally separated from the decedent.
 73 29    c.  b.  The decedent's surviving adult children.  If there
 73 30 is more than one surviving adult child, any adult child who
 73 31 can confirm, in writing, that all other adult children have
 73 32 been notified of the proposed interment, relocation, or
 73 33 disinterment may authorize the interment, relocation, or
 73 34 disinterment, unless the cemetery receives an objection to
 73 35 such action from another adult child of the decedent.
 74  1 Alternatively, a majority of the surviving adult children of
 74  2 the decedent whose whereabouts are reasonably ascertainable
 74  3 shall have such right to control.
 74  4    d.  c.  A The surviving parent parents of the decedent
 74  5 whose whereabouts are reasonably ascertainable.
 74  6    d.  A surviving adult grandchild of the decedent.  If there
 74  7 is more than one surviving adult grandchild, any adult
 74  8 grandchild who can confirm, in writing, that all other adult
 74  9 grandchildren have been notified of the proposed interment,
 74 10 relocation, or disinterment may authorize the interment,
 74 11 relocation, or disinterment, unless the cemetery receives an
 74 12 objection to such action from another adult grandchild of the
 74 13 decedent.  Alternatively, a majority of the surviving adult
 74 14 grandchildren of the decedent whose whereabouts are reasonably
 74 15 ascertainable shall have such right to control.
 74 16    e.  A surviving adult sibling of the decedent.  If there is
 74 17 more than one surviving adult sibling, any adult sibling who
 74 18 can confirm, in writing, that all other adult siblings have
 74 19 been notified of the proposed interment, relocation, or
 74 20 disinterment may authorize the interment, relocation, or
 74 21 disinterment, unless the cemetery receives an objection to
 74 22 such action from another adult sibling of the decedent.
 74 23 Alternatively, a majority of the surviving adult siblings of
 74 24 the decedent whose whereabouts are reasonably ascertainable
 74 25 shall have such right to control.
 74 26    f.  A surviving grandparent of the decedent.  If there is
 74 27 more than one surviving grandparent, any grandparent who can
 74 28 confirm, in writing, that all other grandparents have been
 74 29 notified of the proposed interment, relocation, or
 74 30 disinterment may authorize the interment, relocation, or
 74 31 disinterment, unless the cemetery receives an objection to
 74 32 such action from another grandparent of the decedent.
 74 33 Alternatively, a majority of the surviving grandparents of the
 74 34 decedent whose whereabouts are reasonably ascertainable shall
 74 35 have such right to control.
 75  1    g.  The legal guardian of the decedent at the time of the
 75  2 decedent's death.  An adult person in the next degree of
 75  3 kinship to the decedent in the order named by law to inherit
 75  4 the estate of the decedent under the rules of inheritance for
 75  5 intestate succession.
 75  6    h.  The county medical examiner, if responsible for the
 75  7 decedent's remains.
 75  8    A cemetery may await a court order before proceeding with
 75  9 the interment, relocation, or disinterment of a decedent's
 75 10 remains within or from a cemetery if the cemetery is aware of
 75 11 a dispute between an authorized person under this section and
 75 12 the executor named in the decedent's will or a personal
 75 13 representative appointed by a court, or is aware of a dispute
 75 14 among authorized persons with the same priority under this
 75 15 subsection.
 75 16    Sec. 138.  Section 523I.312, subsection 2, paragraph n,
 75 17 Code Supplement 2005, is amended by striking the paragraph and
 75 18 inserting in lieu thereof the following:
 75 19    n.  Include an explanation of regulatory oversight by the
 75 20 insurance division in twelve point boldface type, in
 75 21 substantially the following language:
 75 22    THIS AGREEMENT IS SUBJECT TO RULES ADMINISTERED BY THE IOWA
 75 23 INSURANCE DIVISION.  YOU MAY CALL THE INSURANCE DIVISION WITH
 75 24 INQUIRIES OR COMPLAINTS AT (515)281=4441.  WRITTEN INQUIRIES
 75 25 OR COMPLAINTS SHOULD BE MAILED TO:  IOWA SECURITIES AND
 75 26 REGULATED INDUSTRIES BUREAU, 330 MAPLE STREET, DES MOINES,
 75 27 IOWA 50319.
 75 28    Sec. 139.  Section 523I.316, subsection 3, Code Supplement
 75 29 2005, is amended to read as follows:
 75 30    3.  DUTY TO PRESERVE AND PROTECT.
 75 31    a.  A governmental subdivision having a cemetery, or a
 75 32 burial site that is not located within a dedicated cemetery,
 75 33 within its jurisdiction, for which preservation is not
 75 34 otherwise provided, shall preserve and protect the cemetery or
 75 35 burial site as necessary to restore or maintain its physical
 76  1 integrity as a cemetery or burial site.  The governmental
 76  2 subdivision may enter into an agreement to delegate the
 76  3 responsibility for the preservation and protection of the
 76  4 cemetery or burial site to a private organization interested
 76  5 in historical preservation.
 76  6    b.  A governmental subdivision is authorized to expend
 76  7 public funds, in any manner authorized by law, in connection
 76  8 with such a cemetery or burial site.
 76  9    c.  As used in this subsection, "preserve and protect"
 76 10 means to keep the cemetery or burial site and any records
 76 11 thereof safe from destruction, peril, or other adversity, and
 76 12 includes the placement of signs, markers, fencing, or other
 76 13 appropriate features identifying the site as a cemetery or
 76 14 burial site.
 76 15    Sec. 140.  NEW SECTION.  523I.317  DUTY TO PROVIDE PUBLIC
 76 16 ACCESS.
 76 17    A cemetery shall provide or permit public access to the
 76 18 cemetery, at reasonable times and subject to reasonable
 76 19 regulations, so that owners of interment rights and other
 76 20 members of the public have reasonable ingress and egress to
 76 21 the cemetery.
 76 22    Sec. 141.  NEW SECTION.  523I.403  ACQUISITION OF ABANDONED
 76 23 CEMETERIES == GOVERNMENTAL SUBDIVISIONS.
 76 24    1.  A governmental subdivision may acquire an abandoned
 76 25 cemetery, including ownership of any unsold interment spaces
 76 26 in the cemetery.  A governmental subdivision that acquires a
 76 27 cemetery under this section shall have legal title to the
 76 28 cemetery and is authorized to acquire land for use of the
 76 29 cemetery, receive gifts, and receive and administer endowments
 76 30 for the care of the cemetery or any part thereof.
 76 31    2.  A governmental subdivision shall use due diligence in
 76 32 identifying the owners of an abandoned cemetery and shall
 76 33 provide notice of its intent to acquire the cemetery as
 76 34 provided in this section.  If the governmental subdivision is
 76 35 unable to locate the owner of the abandoned cemetery, the
 77  1 governmental subdivision shall publish notice of its intent to
 77  2 acquire the cemetery for three successive weeks in a newspaper
 77  3 of general circulation in the county in which the cemetery is
 77  4 located.
 77  5    3.  A cemetery's owner may object to the acquisition of a
 77  6 cemetery by a governmental subdivision.  In order to reassert
 77  7 ownership rights to the cemetery, the owner shall provide or
 77  8 permit public access to the cemetery, at reasonable times and
 77  9 subject to reasonable regulations, so that owners of interment
 77 10 rights and other members of the public have reasonable ingress
 77 11 and egress to the cemetery.  If the cemetery's owner provides
 77 12 or permits such public access within twenty=four months after
 77 13 receiving notice of the governmental subdivision's intent to
 77 14 acquire the cemetery, the governmental subdivision shall not
 77 15 proceed with its action to acquire the cemetery.
 77 16    Sec. 142.  NEW SECTION.  523I.404  ACQUISITION OF ABANDONED
 77 17 CEMETERIES == CEMETERY ASSOCIATIONS.
 77 18    1.  Any person who has a relative interred in an abandoned
 77 19 cemetery or who owns interment rights in an abandoned cemetery
 77 20 may organize a cemetery association for the cemetery.  The
 77 21 cemetery association shall be incorporated as a nonprofit
 77 22 corporation pursuant to chapter 504A.  A corporation formed in
 77 23 this manner may acquire legal title to the cemetery if an
 77 24 owner cannot be located.
 77 25    2.  A cemetery association shall use due diligence in
 77 26 identifying the owner of an abandoned cemetery and shall
 77 27 provide notice of the association's intent to acquire the
 77 28 cemetery as provided in this section.  If the cemetery
 77 29 association is unable to locate the owner of the abandoned
 77 30 cemetery, the cemetery association shall publish notice of
 77 31 intent to acquire the cemetery for three successive weeks in a
 77 32 newspaper of general circulation in the county in which the
 77 33 cemetery is located.
 77 34    3.  A cemetery's owner may object to the acquisition of a
 77 35 cemetery by a cemetery association.  In order to reassert
 78  1 ownership rights to the cemetery, the owner shall provide or
 78  2 permit public access to the cemetery, at reasonable times and
 78  3 subject to reasonable regulations, so that members of the
 78  4 cemetery association and other members of the public have
 78  5 reasonable ingress and egress to the cemetery.  If the
 78  6 cemetery's owner provides or permits such public access within
 78  7 twenty=four months after receiving notice of the interested
 78  8 person's intent to acquire the cemetery, the cemetery
 78  9 association shall not proceed with its action to acquire the
 78 10 cemetery.
 78 11    Sec. 143.  Section 523I.508, subsection 4, Code Supplement
 78 12 2005, is amended to read as follows:
 78 13    4.  DELEGATES TO CONVENTIONS.  A township having one or
 78 14 more cemeteries under its control may designate, not up to
 78 15 exceed two, officials from each cemetery as delegates to
 78 16 attend meetings of cemetery officials, and certain expenses,
 78 17 including association dues, of the delegates not to exceed
 78 18 exceeding twenty=five dollars for each delegate, of the
 78 19 delegates including association dues, may be paid out of the
 78 20 cemetery fund of the township.
 78 21    Sec. 144.  Section 636.20, Code 2005, is amended to read as
 78 22 follows:
 78 23    636.20  SUIT ON BOND == SERVICE.
 78 24    Whenever suit is required to be brought on any bond given
 78 25 by such company, service shall be had upon any agent of such
 78 26 company in this state, and if there is no agent in the state,
 78 27 then service may be had by serving the commissioner of
 78 28 insurance in any manner now or hereinafter permitted by law
 78 29 fifteen days before the term of court in which the suit is
 78 30 sought to be brought.
 78 31    Sec. 145.  Sections 507A.5, 511.27, 511.28, 511.29,
 78 32 512B.33, 514.2A, 515.73, 515.74, 520.6, 521.9, 521.11, 521.12,
 78 33 523C.20, 523C.21, and 636.21, Code 2005, are repealed.
 78 34    Sec. 146.  Sections 509B.4, 516E.12, and 516E.17, Code
 78 35 Supplement 2005, are repealed.
 79  1                           EXPLANATION
 79  2    This bill relates to various matters under the purview of
 79  3 the insurance division of the department of commerce,
 79  4 including the securities and regulated industries bureau,
 79  5 insurance premium taxes, the uniform securities Act, insurance
 79  6 division procedures, regulation of insurance companies and
 79  7 other entities including administrative penalties, motor
 79  8 vehicle service contracts, county and state mutual insurance
 79  9 associations, reciprocal or interinsurance insurers,
 79 10 consolidation, merger, and reinsurance contracts, insurance
 79 11 holding company systems, and cemeteries.
 79 12    SECURITIES AND REGULATED INDUSTRIES BUREAU == The bill
 79 13 amends numerous references to the securities bureau of the
 79 14 division of insurance of the department of commerce in the
 79 15 Code to refer to the new name of the bureau, which is the
 79 16 securities and regulated industries bureau.
 79 17    PREMIUM TAXES == Code section 432.1 is amended to provide
 79 18 that premium taxes paid by insurance companies are computed on
 79 19 gross premiums written.  Code section 432.5 is amended to
 79 20 provide that premium taxes paid by risk retention groups are
 79 21 computed on gross premiums written.
 79 22    UNIFORM SECURITIES ACT AMENDMENTS == Code section
 79 23 502.102(5)(b)(3) of the state uniform securities Act is
 79 24 amended to specify that an industrial loan company that is not
 79 25 an "insured depository institution" as defined under federal
 79 26 law is not a "depository institution" for purposes of the Act.
 79 27    Code section 502.201(8A)(b), unnumbered paragraph 1, is
 79 28 amended to provide that securities issued by a mutual or
 79 29 cooperative association organized under Code chapter 501A are
 79 30 exempt from certain provisions of Code chapter 502.
 79 31    Code section 502.412(2)(a) is amended to provide that an
 79 32 administrative action for revocation or cancellation of the
 79 33 registration cannot be started against a person registered
 79 34 under the state uniform securities Act based solely on an
 79 35 order issued by another state more than one year after the
 80  1 date of that order.
 80  2    Code section 502.412(3) is amended to provide that if any
 80  3 one of the specified provisions authorizes an administrative
 80  4 action, a disciplinary order may be issued.
 80  5    Code section 502.510(1)(e) is amended to change a cross=
 80  6 reference from Code section 502.509(3) to Code section
 80  7 502.509(5) as a basis for civil liability, since Code section
 80  8 502.510(1)(c) already refers to Code section 502.509(3).
 80  9    INSURANCE DIVISION PROCEDURES == Code section 505.16(2) is
 80 10 amended to require the insurance commissioner to adopt rules
 80 11 concerning applications for insurance that require persons
 80 12 engaged in the insurance business who receive positive HIV
 80 13 tests of an applicant or policyholder to report those results
 80 14 to a physician or alternative testing site of the applicant's
 80 15 or policyholder's choice or to the Iowa department of public
 80 16 health.
 80 17    New Code section 505.27 provides that commission of any act
 80 18 by a person under Code chapter 502, 502A, chapters 505 through
 80 19 523G, or chapter 523I constitutes consent by that person to
 80 20 the jurisdiction of the commissioner of insurance and the
 80 21 district courts of this state.
 80 22    New Code section 505.28 provides that the commissioner of
 80 23 insurance has the authority to appoint a designee or an
 80 24 independent administrative law judge to hear contested cases
 80 25 arising from conduct regulated by the insurance commission.
 80 26    Code section 507.10(5)(b) is amended to provide that the
 80 27 commissioner of insurance can disclose certain information
 80 28 obtained during examination of insurance companies to the
 80 29 national association of insurance commissioners.
 80 30    Code section 507.14 is amended to provide that certain
 80 31 specified information produced, obtained by, or disclosed to
 80 32 the commissioner in the course of analysis of the financial
 80 33 condition or market conduct of an insurer is a confidential
 80 34 record under Code chapter 22 and is privileged and
 80 35 confidential except under specified circumstances.  Code
 81  1 section 22.7 is also amended to specify that information
 81  2 obtained pursuant to Code section 507.14 is a confidential
 81  3 public record.
 81  4    Code section 507A.4 is amended by adding a new subsection
 81  5 providing that self=funded health benefit plans sponsored by
 81  6 an employer in this state which provide health benefits to
 81  7 independent contractors of such an employer, and their
 81  8 dependents, are granted a waiver from the requirements of Code
 81  9 chapter 507A pertaining to unauthorized insurers, if the plans
 81 10 meet specified conditions.
 81 11    Code section 507A.9(1) is amended to provide that premium
 81 12 taxes on unauthorized insurers shall be computed on gross
 81 13 premiums charged equal to the applicable percent under Code
 81 14 section 432.1 instead of on 2 percent of gross premiums
 81 15 charged.
 81 16    Code section 507B.4 is amended to provide that the
 81 17 following constitute unfair or deceptive insurance trade
 81 18 practices:  improper use of inquiries by an applicant or
 81 19 insured about coverage or loss, improper use of loss history
 81 20 of a property, failure to disclose use of claims history,
 81 21 failure to disclose the full name of the insurance company,
 81 22 failure to produce information to which an individual is
 81 23 entitled, and conducting prohibited insurance transactions.
 81 24    Code section 507B.4 is amended to define "personal lines
 81 25 property and casualty insurance" as insurance sold to
 81 26 individuals and families primarily for noncommercial purposes
 81 27 as provided in Code chapter 522B.
 81 28    New Code section 507B.4B provides that a person shall not
 81 29 recommend a life insurance product to any individual unless
 81 30 the person has reasonable grounds to believe that the product
 81 31 is suitable for that individual and shall establish and
 81 32 maintain a system to monitor recommendations made, that is
 81 33 reasonably designed to achieve compliance with the suitability
 81 34 requirements of the section.  The bill also requires the
 81 35 commissioner to adopt rules pursuant to Code chapter 17A
 82  1 establishing standards for implementation of the suitability
 82  2 requirements of the section.
 82  3    New Code section 507B.15 provides that new Code section
 82  4 505.28 allowing the commissioner to appoint a designee or an
 82  5 independent administrative law judge to hear contested cases
 82  6 is applicable to hearings required under Code sections 507B.6,
 82  7 507B.6A, and 507B.7 concerning regulation of insurance trade
 82  8 practices.
 82  9    Code section 507C.2 is amended to provide that general
 82 10 assets of an insurer for purposes of supervision,
 82 11 rehabilitation, and liquidation provisions of the chapter do
 82 12 not include that portion of assets of the insurer allocated
 82 13 and accumulated in a separate account providing for life
 82 14 insurance or annuities, depending on the amounts contained in
 82 15 such separate accounts.
 82 16    Code section 507C.42 is amended to specify that claims
 82 17 considered "class 2" for purposes of establishing a priority
 82 18 of distribution of claims from an insurer's estate under the
 82 19 supervision, rehabilitation, and liquidation provisions of the
 82 20 chapter include claims under funding agreements under Code
 82 21 section 508.31A, and claims for an insufficiency in the assets
 82 22 allocated and accumulated in a separate account under Code
 82 23 section 508A.1.
 82 24    Code section 507C.42 is also amended to provide that for
 82 25 purposes of the section, "insurer's estate" means the general
 82 26 assets of the insurer.
 82 27    Code section 507E.5 is stricken and rewritten to provide
 82 28 that specified information obtained by the insurance
 82 29 commission during the course of an insurance fraud
 82 30 investigation is a confidential record except as specified in
 82 31 this section.  Code section 22.7 is also amended to provide
 82 32 that such information is a confidential record.
 82 33    INSURANCE COMPANIES AND OTHER ENTITIES == Code section
 82 34 508.13 is amended to clarify the process for life insurance
 82 35 companies to renew their certificates of authority annually.
 83  1 Failure to timely file an application for renewal is
 83  2 punishable by an administrative penalty of $500.
 83  3    Code section 508A.1 is amended to correspond to the changes
 83  4 to Code section 507C.42 by providing that insufficiencies in
 83  5 assets allocated and accumulated in separate accounts
 83  6 providing for life insurance or annuities are class 2 claims
 83  7 under Code chapter 507C.
 83  8    Code section 509.1(1)(b) is amended to provide that
 83  9 premiums for group life, accident, or health insurance can be
 83 10 paid by the policyholder from funds of the employer, the
 83 11 insured employee, or both.  The section is also amended to
 83 12 provide that accident and health insurance does not include
 83 13 disability income insurance.
 83 14    Code section 509A.15(1) is amended to provide that the
 83 15 governing body of a self=insurance plan of a political
 83 16 subdivision or school corporation must certify that the plan
 83 17 has a contract or other arrangement with a currently
 83 18 registered third=party administrator.
 83 19    Code section 509A.15(4) is amended to provide that a self=
 83 20 insurance plan of a political subdivision or school
 83 21 corporation is exempt from the certification requirements of
 83 22 the section if yearly claims do not exceed 2 percent, instead
 83 23 of 1 percent, of the entity's general fund budget.
 83 24    Code chapter 509B is amended to eliminate the requirement
 83 25 that group accident or health insurance policies provide
 83 26 individual or converted policies for an employee or member
 83 27 whose coverage under the group policy has been terminated.
 83 28 Code section 514C.3 is amended to remove a cross=reference to
 83 29 Code chapter 509B that is stricken by the bill.
 83 30    Code chapter 510, beginning with Code section 510.11
 83 31 concerning administrators of health or life insurance
 83 32 coverage, is amended by changing the term "administrator" to
 83 33 "third=party administrator" wherever it appears in that
 83 34 chapter.
 83 35    Code section 511.8(1)(b), concerning investment of funds by
 84  1 life insurance companies and associations, is amended to
 84  2 correct a citation to the federal Investment Company Act of
 84  3 1940.
 84  4    Code section 511.8(18) is amended to specify that the
 84  5 allowable limit of certain common stocks or shares in which a
 84  6 life insurance company or association may invest is not more
 84  7 than one=half of 1 percent of the legal reserve.
 84  8    Code section 511.8(22)(b), concerning requirements for
 84  9 financial instruments used in hedging transactions by life
 84 10 insurance companies, is stricken and rewritten to allow
 84 11 certain financial instruments between an insurer and a
 84 12 qualified corporation or a "conduit" to be eligible for
 84 13 inclusion in the legal reserve of the insurer.  If the
 84 14 financial instrument is with a conduit that is not a qualified
 84 15 counterparty, the obligation of the financial instrument must
 84 16 be secured by cash; United States government obligations;
 84 17 state, District of Columbia, territorial, or municipal
 84 18 obligations; Canadian government, provincial, or municipal
 84 19 obligations; qualified United States and Canadian corporate
 84 20 obligations; qualified foreign government or corporate
 84 21 obligations; and cash equivalents.  For purposes of the bill,
 84 22 a "conduit" means a person within an insurer's insurance
 84 23 holding company system, which aggregates hedging transactions
 84 24 by other persons within the insurance holding company system
 84 25 and replicates them with counterparts.
 84 26    Code section 511.8(22)(e) is amended to require that
 84 27 financial instruments used in hedging transactions that are
 84 28 secured by foreign government or corporate obligations are
 84 29 included in the limitation that only 20 percent of the legal
 84 30 reserve of an insurer can be invested in such foreign
 84 31 investments unless such financial instruments are secured as
 84 32 specified.
 84 33    Code section 511.8 is also amended by adding a new
 84 34 definition for "cash equivalents" and specifying the
 84 35 permissible use of such investments as part of life insurance
 85  1 company or association assets.
 85  2    Code section 512B.25 is amended to provide an
 85  3 administrative penalty of $500 for a fraternal benefit society
 85  4 that fails to timely file its annual application for renewal
 85  5 of the society's license.
 85  6    New Code section 514.9A provides an administrative penalty
 85  7 of $500 for a carrier or organized delivery system issuing
 85  8 individual health care benefits that fails to timely file an
 85  9 annual application for renewal of its certificate of
 85 10 authority.
 85 11    New Code section 514.3B provides an administrative penalty
 85 12 of $500 for a health maintenance organization that fails to
 85 13 timely file an annual application for renewal of its
 85 14 certificate of authority.
 85 15    Code section 514B.12 is amended to provide an
 85 16 administrative penalty of $500 for a health maintenance
 85 17 organization that fails to timely file its annual report and
 85 18 an additional administrative penalty of $100 for each day that
 85 19 the failure continues after the organization has received
 85 20 notice of the failure from the commissioner.
 85 21    Code section 514B.22 is amended to provide that a foreign
 85 22 or domestic health maintenance organization doing business in
 85 23 this state is required to pay fees to cover the costs of
 85 24 examinations of the organization by the commissioner.
 85 25    Code section 514B.33 is amended to provide that limited
 85 26 service organizations doing business in this state are
 85 27 required to timely file an application for renewal of their
 85 28 authority and an annual report and are subject to
 85 29 administrative penalties for failure to do so.
 85 30    Code section 514C.1 is amended to expand requirements for
 85 31 supplemental coverage of newly born children to include
 85 32 adopted children of an insured under certain policies of
 85 33 individual or group accident and health insurance and to
 85 34 further specify requirements applicable to newly born and
 85 35 adopted children of an insured.
 86  1    Code section 514E.7 is amended by adding a new subsection
 86  2 6, allowing certain persons to remain eligible for coverage
 86  3 under the Iowa comprehensive health insurance association in
 86  4 the event of a voluntary termination of such coverage.
 86  5    Code section 514J.7, concerning the external review process
 86  6 for appeal of a denial of health care coverage, is amended to
 86  7 provide that an uncompleted review will continue if the
 86  8 enrollee dies or changes to another health care plan before
 86  9 the review is completed.
 86 10    Code section 515.24 is amended to provide that premium
 86 11 taxes for insurance companies other than life are computed on
 86 12 gross written premiums, except that premium taxes on windstorm
 86 13 and hail risk reinsurance are computed according to the
 86 14 applicable percent provided in Code section 432.1 upon the
 86 15 gross amount of premiums received.
 86 16    Code section 515.42 is amended to provide an administrative
 86 17 penalty of $500 for an insurance company other than life that
 86 18 fails to timely file the annual application for renewal of its
 86 19 certificate of authority.
 86 20    New Code section 515.147A provides an administrative
 86 21 penalty of $500 and nonrenewal of the license of an excess and
 86 22 surplus lines insurance agent that fails to timely file the
 86 23 annual business activity report required under Code section
 86 24 515.147.  The new section provides for an additional
 86 25 administrative penalty of $100 for each day that the failure
 86 26 continues after the agent receives notice of the failure from
 86 27 the commissioner.
 86 28    Code section 515A.9 is amended to provide that a request of
 86 29 a person to a rating organization or an insurer for review of
 86 30 the manner in which the organization's or insurer's rating
 86 31 system has been applied to that person is not a contested case
 86 32 under Code chapter 17A, nor is an appeal to the commissioner
 86 33 of insurance from such a review by an organization or insurer.
 86 34    New Code section 515E.3A provides procedures and criteria
 86 35 for allowing a foreign risk retention group to become a
 87  1 domestic insurer in this state.
 87  2    Code section 515F.4(5) is amended to provide that in
 87  3 determining what is a reasonable profit during the ratemaking
 87  4 process, the commissioner may consider income from sources
 87  5 other than investment income attributable to unearned premium
 87  6 and loss reserves.
 87  7    Code section 515G.1 is amended to define who is an
 87  8 "eligible policyholder" and a "voting policyholder" for the
 87  9 purposes of mutual insurance company conversions.
 87 10    Code sections 515G.2 and 515G.3 are amended to specify
 87 11 requirements for carrying out the conversion of a mutual
 87 12 insurance company into a stock domestic insurance company,
 87 13 including the exchange and valuation of rights of
 87 14 policyholders of the mutual insurer.
 87 15    MOTOR VEHICLE SERVICE CONTRACTS == Code section 516E.1(8)
 87 16 is amended to redefine a "reimbursement insurance policy" as a
 87 17 contractual liability policy that provides reimbursement to a
 87 18 service company for services provided under a service
 87 19 contract, or pays for service obligations incurred under a
 87 20 service contract in the event of nonperformance by the service
 87 21 company.
 87 22    Code section 516E.1 is also amended to define "financial
 87 23 institution", "premium", and "service company fee" as used in
 87 24 the context of motor vehicle service contracts.
 87 25    Code section 516E.2(3) is amended to require that service
 87 26 contracts be secured by a reimbursement insurance policy in
 87 27 compliance with Code section 516E.4 or the service company
 87 28 must comply with financial responsibility standards
 87 29 established for service companies in new Code section 516E.21.
 87 30    Code section 516E.2(4)(e) is amended by striking the
 87 31 requirement that a service company not issue or offer a
 87 32 service contract until the proper filing fee has been paid.
 87 33    Code section 516E.3 is amended to reflect that not all
 87 34 service companies are required to have reimbursement
 87 35 insurance.
 88  1    Code section 516E.4(1) is amended to provide specific
 88  2 requirements for reimbursement insurance policies insuring
 88  3 motor vehicle service contracts.
 88  4    Code section 516E.5(1) is amended to require the disclosure
 88  5 in a service contract of whether or not the service contract
 88  6 is insured by reimbursement insurance.  Code section 516E.5(2)
 88  7 is amended to coordinate with the change in subsection 1.
 88  8    Code section 516E.15(1)(b) is amended to provide that a
 88  9 service contract provider or service company, but not a third=
 88 10 party administrator, may be penalized and subject to
 88 11 injunctive relief for failure to file documents and
 88 12 information required in Code section 516E.3.
 88 13    New Code section 516E.20 provides that the sale of a motor
 88 14 vehicle service contract under Code chapter 516E does not
 88 15 constitute the sale of insurance unless a service company,
 88 16 provider, or third=party administrator is otherwise engaged in
 88 17 the sale of insurance, and the insurance laws of this state
 88 18 are not applicable to the service company, provider, or third=
 88 19 party administrator of a service contract.
 88 20    New Code section 516E.21 sets forth specific statutory
 88 21 financial responsibility and security requirements for motor
 88 22 vehicle service companies that choose to maintain a funded
 88 23 reserve account instead of obtaining a reimbursement insurance
 88 24 policy as provided in Code section 516E.2.
 88 25    COUNTY AND STATE MUTUAL INSURANCE ASSOCIATIONS == Code
 88 26 section 518.15 provides an administrative penalty of $500 for
 88 27 a county mutual insurance association that fails to timely
 88 28 file an annual application for renewal of its certificate of
 88 29 authority or an annual condition statement.  There is an
 88 30 additional administrative penalty of $100 for each day that
 88 31 the failure continues after the association is notified of the
 88 32 failure by the commissioner.
 88 33    Code section 518A.18 provides an administrative penalty of
 88 34 $500 for a state mutual association that fails to timely file
 88 35 an annual condition statement.  The bill also provides an
 89  1 administrative penalty of $100 for each day that the failure
 89  2 to file continues after the association receives notice of the
 89  3 failure from the commissioner.
 89  4    Code section 518A.35(1) is amended to provide that premium
 89  5 taxes on windstorm and hail risk reinsurance issued by state
 89  6 mutual insurance associations are computed on the gross amount
 89  7 of reinsurance premiums written instead of received.
 89  8    Code section 518A.40 is amended to provide an
 89  9 administrative penalty of $500 for a state mutual insurance
 89 10 association that fails to timely file an annual application
 89 11 for renewal of its certificate of authority.
 89 12    RECIPROCAL OR INTERINSURANCE INSURERS == Code section
 89 13 520.10 is amended to provide for an administrative penalty of
 89 14 $500 for the failure of a reciprocal or interinsurance insurer
 89 15 to timely file an annual financial report and an additional
 89 16 penalty of $100 for each day that the failure continues after
 89 17 the insurer receives notice of the failure from the
 89 18 commissioner.
 89 19    Code section 520.12 is amended to provide an administrative
 89 20 penalty of $500 for the failure of a reciprocal or
 89 21 interinsurance insurer to timely file an annual application
 89 22 for renewal of the insurer's certificate of authority.
 89 23    CONSOLIDATION, MERGER, AND REINSURANCE == Code section
 89 24 521.1 is amended to include definitions for "affected
 89 25 company", meaning a company being merged with a surviving
 89 26 company; "commission", meaning the commission created in Code
 89 27 chapter 521; and "commissioner", meaning the commissioner of
 89 28 insurance.
 89 29    Code section 521.2 is amended to apply to the consolidation
 89 30 or merger of a domestic insurance company organized under Code
 89 31 chapter 490 or 491 with a domestic or foreign mutual insurance
 89 32 company.  Code chapter 521 is not applicable to mergers or
 89 33 consolidations of domestic mutual companies with stock
 89 34 companies pursuant to Code chapter 508B or 515G.  Code chapter
 89 35 521 is also applicable to a domestic company that assumes or
 90  1 reinsures the risks of any other company.
 90  2    Code section 521.3 is stricken and rewritten to provide
 90  3 that a company proposing to consolidate, merge, or enter into
 90  4 a reinsurance contract submit an application and plan with the
 90  5 commissioner setting forth the terms of the proposal.
 90  6    Code section 521.4 is stricken and rewritten to provide the
 90  7 procedure by which a commission consisting of the attorney
 90  8 general and the commissioner of insurance may hear and
 90  9 determine whether to approve, disapprove, or require
 90 10 modification of a plan to consolidate, merge, or reinsure.
 90 11 The bill allows the commission to proceed without notice or a
 90 12 public hearing or to require notice and public hearing when it
 90 13 deems necessary to conserve the interests of members,
 90 14 policyholders, or shareholders of the affected company.
 90 15    Code section 521.5 is amended to empower the commission to
 90 16 hear and determine the application, and to approve,
 90 17 disapprove, or require modification of the plan of
 90 18 consolidation, merger, or reinsurance prior to approval.
 90 19    Code section 521.6 is amended to modernize the language
 90 20 used.
 90 21    Code section 521.7 is amended to require that notice of
 90 22 hearing on an application and plan of consolidation, merger,
 90 23 or reinsurance shall be given to members, policyholders, or
 90 24 shareholders of an affected company.
 90 25    Code sections 521.9, 521.11, and 521.12 are redundant and
 90 26 unnecessary as a result of the other amendments to Code
 90 27 chapter 521 and are repealed.
 90 28    Code section 521.10 is stricken and rewritten to provide
 90 29 procedures for submission of a plan to members of an affected
 90 30 company for approval by a two=thirds vote of all members
 90 31 voting in person, by ballot, or by proxy and specify those
 90 32 cases where approval by members is not required.
 90 33    Code section 521.13 is amended to provide that certain
 90 34 companies that purchase reinsurance are exempt from the
 90 35 requirements of Code chapter 521.
 91  1    Code section 521.14 is amended to provide that the expenses
 91  2 and costs incident to proceeding under Code chapter 521 must
 91  3 be paid by the company filing an application and plan under
 91  4 the chapter.
 91  5    Code section 521.16 is amended to provide that the
 91  6 provisions of Code section 521A.3 concerning acquisition of
 91  7 control of or merger with domestic insurers are applicable to
 91  8 mergers or consolidations subject to Code chapter 521.
 91  9    New Code section 521.17 provides that a company filing a
 91 10 plan to merge and consolidate under Code chapter 521 is
 91 11 required to make all appropriate filings and pay all
 91 12 appropriate fees required under Code chapter 490 or 491, as
 91 13 applicable.
 91 14    New Code section 521.18 requires a company filing a plan to
 91 15 merge or consolidate under Code chapter 521 to file its
 91 16 articles of merger or consolidation with the commission for
 91 17 its approval and pay a filing fee of $50.
 91 18    INSURANCE HOLDING COMPANY SYSTEMS == Code section 521A.1(6)
 91 19 is amended to remove the exemption from regulation under Code
 91 20 chapter 521A of a company licensed under Code chapter 512B
 91 21 (fraternal benefit society) and Code chapter 514 (nonprofit
 91 22 health service corporations).
 91 23    Code section 521A.2, subsections 1 and 3, are amended to
 91 24 allow an insurer to invest in financial instruments used in
 91 25 hedging transactions for its own account, that of its parent,
 91 26 a subsidiary of its parent, or any affiliate or subsidiary.
 91 27    MISCELLANEOUS PROVISIONS == Code section 522B.6 is amended
 91 28 to change the duration of an insurance producer license from
 91 29 three to two years and Code section 522B.5 is amended to
 91 30 change the fee for an insurance producer license from $50 to
 91 31 $30 to reflect the reduced term of the license.
 91 32    New Code section 522B.16B establishes a procedure by which
 91 33 a person who is prohibited by federal law from engaging or
 91 34 participating in the business of insurance because of
 91 35 conviction of a crime under federal law or a felony involving
 92  1 dishonesty or breach of trust may apply to the commissioner of
 92  2 insurance for written consent to engage or participate in
 92  3 insurance business in this state.
 92  4    CEMETERY PROVISIONS == Code section 523A.602(2)(b) is
 92  5 amended to provide for cancellation and refund rights under a
 92  6 purchase agreement for cemetery merchandise, funeral
 92  7 merchandise, funeral services, or a combination thereof, when
 92  8 the purchase agreement is canceled before the purchase price
 92  9 is paid in full or another establishment provides the
 92 10 merchandise or services before the purchase agreement is paid
 92 11 in full.
 92 12    Code section 523I.102 is amended by adding definitions for
 92 13 "abandoned cemetery" and "veteran cemetery".
 92 14    Code section 523I.103(1)(a) is amended to exempt veterans
 92 15 cemeteries from the provisions of Code chapter 523I.
 92 16    Code section 523I.201(1) is amended so that the cross=
 92 17 reference in the subsection is consistent with that contained
 92 18 in Code section 523A.801 naming as the deputy administrator of
 92 19 the chapter the principal operations officer of the securities
 92 20 and regulated industries bureau of the insurance division of
 92 21 the department of commerce.
 92 22    Code section 523I.309(1) is amended to establish a priority
 92 23 for the right to control interment, relocation, or
 92 24 disinterment of remains of a deceased person and a procedure
 92 25 to determine the right to control when there are multiple
 92 26 members of a class or there is disagreement among the members
 92 27 of a class.
 92 28    Code section 523I.316(3) is amended to authorize a
 92 29 governmental subdivision to expend public funds to preserve
 92 30 and protect a cemetery or burial site in its jurisdiction that
 92 31 is not located within a dedicated cemetery.
 92 32    New Code section 523I.317 provides that a cemetery must
 92 33 provide or permit access to the cemetery to members of the
 92 34 public and owners of interment rights, at reasonable times and
 92 35 subject to reasonable regulations.
 93  1    New Code section 523I.403 provides that a governmental
 93  2 subdivision may acquire an abandoned cemetery after attempting
 93  3 to notify the cemetery's owners and providing notice of its
 93  4 intent to acquire the cemetery.  The section also provides for
 93  5 objection to such acquisition by a cemetery's owners but
 93  6 requires the owners to provide public access to the cemetery
 93  7 within 24 months of receiving notice of the proposed
 93  8 acquisition in order to stop the acquisition.
 93  9    New Code section 523I.404 provides for the acquisition of
 93 10 an abandoned cemetery by a person who has a relative interred
 93 11 in the cemetery or who owns interment rights in the cemetery.
 93 12 The section requires such a person to organize a cemetery
 93 13 association incorporated as a nonprofit corporation under Code
 93 14 chapter 504A and attempt to identify the cemetery's owners and
 93 15 give the owners notice of the proposed acquisition.  The
 93 16 section provides for objection by a cemetery's owners but
 93 17 requires the owners to provide public access to the cemetery
 93 18 within 24 months of receiving notice of the proposed
 93 19 acquisition in order to stop the acquisition.
 93 20    Code section 523I.508(4) is amended to provide that the
 93 21 expenses of county officials who attend meetings of cemetery
 93 22 officials as delegates may be paid out of the cemetery fund of
 93 23 the township in an amount not exceeding $25 for each delegate,
 93 24 including association dues.
 93 25    ELIMINATION OF COMMISSIONER OF INSURANCE SERVING AS AGENT
 93 26 FOR SERVICE OF PROCESS == Code sections 507A.5, 511.27,
 93 27 511.28, 511.29, 512B.33, 514.2A, 515.73, 515.74, 520.6,
 93 28 521.11, 521.12, 523C.20, 523C.21, and 636.21, Code 2005, are
 93 29 repealed to eliminate the requirement that the commissioner of
 93 30 insurance serve as an agent to receive service of process.
 93 31 Code section 516E.12, Code Supplement 2005, is repealed to
 93 32 eliminate the requirement that the commissioner of insurance
 93 33 serve as an agent to receive service of process.
 93 34    Code sections 507A.7(3), 514B.3(10), 515A.6(1), 515A.10,
 93 35 515B.16, 515E.3, 515E.4, 515E.8, 515F.8(3)(a)(3),
 94  1 515F.13(2)(c), 518C.17, 520.4(9), 520.5, 520.7, 521A.3(7),
 94  2 521B.2(6)(a)(2), and 521C.3(4)(b), Code 2005, are amended to
 94  3 eliminate the requirement that the commissioner serve as an
 94  4 agent to receive service of process.  Code section 516E.3,
 94  5 Code Supplement 2005, is amended to eliminate the requirement
 94  6 that the commissioner serve as an agent to receive service of
 94  7 process.
 94  8 LSB 5363DP 81
 94  9 av:nh/cf/24.1