SF 2445 (LSB 5468SV (1) 91)

SENATE FILE 2445

BY  COMMITTEE ON COMMERCE

(SUCCESSOR TO SSB 3057)

A BILL FOR

An Act relating to licensing of service companies, motor vehicle service contracts, and residential service contracts, and providing civil penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 507B.4, subsection 3, Code 2026, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  w.  Service contracts.  Failure of a person in the business of service contracts to comply with chapter 523C.
    Sec. 2.  Section 523C.1, Code 2026, is amended by adding the following new subsections:
   NEW SUBSECTION.  1A.  “Communicating in a verifiable manner” means communication by in-person delivery, email, or, if there is an auditable record of the communication, by telephone.
   NEW SUBSECTION.  1B.  “Gross consideration” means the total value of a service contract without deducting any expenses or costs.
   NEW SUBSECTION.  6A.  “Person” means an individual or a business entity.
   NEW SUBSECTION.  12A.  “Service contract holder” means the original purchaser of a service contract or the successor in interest or transferee entitled to services under the service contract.
   NEW SUBSECTION.  12B.  “Substitute part” means a part that is not issued by the original part manufacturer, including but not limited to a remanufactured part, an aftermarket part, and a part obtained from a salvage yard.
   NEW SUBSECTION.  12C.  “Support services” means a person that provides services that support, or a person that works under the direction of, a licensed service company in connection with the issuance, offer for sale, sale, or administration of a service contract in this state, including but not limited to a person that provides marketing, administrative, or technical support to a service company.
    Sec. 3.  Section 523C.1, subsection 4, Code 2026, is amended to read as follows:
   4.  “Motor vehicle” means any vehicle that is self-propelled vehicle and subject to registration under chapter 321.
    Sec. 4.  Section 523C.2, Code 2026, is amended by striking the section and inserting in lieu thereof the following:
   523C.2  License required.
   1.  A person that will be contractually obligated to the service contract holder under the terms of the service contract shall not directly or indirectly issue, offer for sale, or sell a motor vehicle service contract or residential service contract in this state unless the person is a licensed service company.
   2.  This chapter shall not apply to any person that provides support services. A service company that utilizes support services shall ensure the support services’ compliance with the issuance, offer for sale, or sale of a service contract under this chapter. 
   3.  A service company shall maintain a license for the duration of time that the service company is contractually obligated to a service contract holder under the terms of a service contract.
   4.  A service company shall report to the commissioner within thirty calendar days any material change to the information submitted by the service company in the service company’s initial license application, or license renewal application, including a change in the service company’s contact information, ownership, officers or directors directly responsible for the provider’s service contract business, or any other change that substantially affects the service company’s operations in the state.
   5.  A service company shall report to the commissioner any administrative action taken against the service company in another jurisdiction within thirty calendar days of final disposition of the administrative action. The report must include a copy of the order, consent to the order, and other relevant legal documents.
   6.  Within thirty calendar days of the initial pretrial hearing date, a service company shall report to the commissioner a criminal prosecution in any jurisdiction of an owner with more than a ten percent ownership stake, an officer, or a director directly responsible for the service contract business of the service company, for an offense involving dishonesty or a false statement including but not limited to fraud, theft, misappropriation of funds, falsification of documents, deceptive acts or practices, or other related offenses. The report must include a copy of the initial complaint filed, the order resulting from the hearing, and any other relevant legal documents.
    Sec. 5.  Section 523C.3, Code 2026, is amended by striking the section and inserting in lieu thereof the following:
   523C.3  Application for license.
   1.  Application for a license as a service company shall be filed with the commissioner on a form approved by the commissioner and must include all of the following information:
   a.  The name and principal address of the applicant.
   b.  The state of incorporation of the applicant.
   c.  The name and address of the applicant’s registered agent for service of process in Iowa.
   d.  The legal name of all of the following:
   (1)  Each owner of the service company that has a greater than ten percent ownership stake in the service company.
   (2)  Each officer of the service company.
   (3)  Each director directly responsible for the business of the service company.
   e.  A certificate of good standing for the applicant issued by the secretary of state and dated not more than thirty calendar days from the date of the application.
   f.  Evidence of compliance with section 523C.5.
   g.  A copy of each motor vehicle service contract form to be used, issued, or offered for sale in this state by the service company.
   h.  A copy of each residential service contract form to be used, issued, or offered for sale in this state by the service company.
   i.  A national association of insurance commissioners’ biographical affidavit and the verification of the biographical affidavit for the chief executive officer and chief financial officer of the service company, or for the individuals in the equivalent positions. The service company shall use a third-party vendor from a list of vendors approved by the commissioner to verify the biographical affidavits. The service company shall pay all costs associated with the required verifications.
   j.  A list of any disciplinary actions taken against the service company, or any of the service company’s owners, officers, or directors directly responsible for the provider’s service contract business, in the immediately preceding ten consecutive years by a regulatory agency or state attorney general in any jurisdiction.
   2.  The application must be accompanied by all of the following:
   a.  A license fee in the amount of five hundred dollars.
   b.  A fee in the amount of thirty-five dollars for each motor vehicle service contract form provided pursuant to subsection 1, paragraph “g”.
   3.  If the application for a service company license contains the information under subsection 1, is accompanied by the fees under subsection 2, includes any additional information requested by the commissioner to verify the information in the application, and the commissioner has not denied the application pursuant to section 523C.9, the commissioner shall issue the license to the applicant.
   4.  Fees collected under this section shall be deposited into the service company oversight fund as provided in section 523C.24.
    Sec. 6.  Section 523C.4, Code 2026, is amended by striking the section and inserting in lieu thereof the following:
   523C.4  License expiration and renewal.
   1.  A license issued under this chapter shall be valid for a period of one year and shall be renewed annually on or before August 31. A license that is not renewed prior to the expiration date shall be deemed expired. Prior to a license expiration date, and if a renewal application was submitted at least fourteen calendar days prior to the license expiration date, the commissioner may extend the renewal period for an additional thirty calendar days.
   2.  An application for license renewal must include the information required for an initial license as described in section 523C.3, subsection 1, paragraphs “a” through “f”, and a list of each service contract form the service company continues to use, offer for sale, or issue in the state, including the service contract form name, number, and the date the form was last revised.
   3.  The license renewal application must be accompanied by all of the following:
   a.  A license renewal fee in the amount of two hundred dollars.
   b.  A fee in the amount of three percent of the aggregate amount of payments the service company received for the sale or issuance of residential service contracts in this state during the period beginning on the date the service company’s license was issued until the date of the service company’s renewal filing, provided that such fee must be no greater than fifty thousand dollars.
   c.  A fee in the amount of thirty-five dollars for each motor vehicle service contract form filed with the commissioner that the service company continues to use, offer for sale, or issue in the state.
   d.  Information regarding service contracts for the service company in the immediately preceding calendar year itemized as follows:
   (1)  The number of motor vehicle service contracts issued.
   (2)  The number of residential service contracts issued.
   (3)  The number of motor vehicle service contracts canceled.
   (4)  The number of residential service contracts canceled.
   (5)  The number of motor vehicle service contracts that expired.
   (6)  The number of residential service contracts that expired.
   (7)  The number of motor vehicle service contracts in effect on December 31 of the immediately preceding calendar year.
   (8)  The number of residential service contracts in effect on December 31 of the immediately preceding calendar year.
   (9)  The total dollar amount of refunds issued for all motor vehicle service contracts that were canceled.
   (10)  The total dollar amount of refunds issued for all residential service contracts that were canceled.
   (11)  The total dollar amount of motor vehicle service contract fees received by the service company.
   (12)  The total dollar amount of residential service contract fees received by the service company.
   (13)  The number of lawsuits filed by a third party or a regulatory agency against the service company during the immediately preceding calendar year regarding service contracts issued, offered for sale, or sold by the service company.
   4.  If the license renewal application complies with this section, includes any additional information requested by the commissioner to verify the information in the application, and the commissioner has not refused to renew the license pursuant to section 523C.9, the commissioner shall renew the license. If the commissioner refuses renewal of a license pursuant to section 523C.9, the refusal shall be in writing setting forth the grounds for the refusal.
   5.  If a service company submits a license renewal application after the license has expired, the service company shall pay a reinstatement fee of eight hundred dollars, and the applicable fees pursuant to subsection 3.
   6.  a.  A service company whose license has expired, and is not within an additional thirty-day extension period granted by the commissioner pursuant to section 523C.4, subsection 1, shall not offer, extend, or renew a service contract until the service company’s license has been renewed, or the service company has been issued a new license.
   b.  If, at the time a service contract is issued or sold in this state, the service company has an expired license that is not within an additional thirty-day extension period granted by the commissioner pursuant to section 523C.4, subsection 1, the service contract may be canceled at the discretion of the service contract holder. If a service contract holder chooses to cancel a service contract, the full purchase price of the service contract, less any claims paid, shall be refunded to the service contract holder within thirty calendar days. A ten percent penalty shall be added to the refund each month if the refund is not paid to the service contract holder within the thirty calendar days.
    Sec. 7.  Section 523C.7, Code 2026, is amended by striking the section and inserting in lieu thereof the following:
   523C.7  Disclosure to service contract holders —— contract form —— required provisions.
   1.  A service contract shall not be issued, sold, or offered for sale in this state unless the service company does all of the following:
   a.  Provides a receipt for the purchase of the service contract to the service contract holder.
   b.  Provides a complete sample copy of the service contract to the consumer prior to purchase. A service company may comply with this paragraph by providing the consumer with a complete electronic sample copy of the service contract, or directing the consumer to a complete sample copy of the service contract on an internet site. A paper copy of the sample service contract shall be provided upon request of the consumer at the expense of the service company.
   c.  Provides a fully executed paper or electronic copy of the service contract to the service contract holder within ten calendar days of the date the service contract holder purchased the service contract. A paper copy of the executed service contract shall be provided to the service contract holder upon request of the service contract holder at the expense of the service company.
   2.  A service contract issued, sold, or offered for sale in the state must comply with all of the following, as applicable:
   a.  A service contract must be written in clear, understandable language in at least ten point type.
   b.  (1)  A service contract insured under a reimbursement insurance policy as provided in section 523C.5, subsection 1, must include a statement in substantially the following form:
Obligations of the service company under this service contract are guaranteed under a reimbursement insurance policy. If the service company fails to pay or provide service on a claim within sixty days after proof of loss has been filed with the service company, the service contract holder is entitled to make a claim directly against the reimbursement insurance policy.

   (2)  A service contract insured under a reimbursement insurance policy must conspicuously state the name and address of the issuer of the reimbursement insurance policy for that service contract. A claim against a reimbursement insurance policy must also include a claim for return of any refund due in accordance with paragraphs “m” and “n”.
   c.  A service contract not insured under a reimbursement insurance policy must contain a statement in substantially the following form:
Obligations of the service company under this service contract are backed by the full faith and credit of the service company and are not guaranteed under a reimbursement insurance policy.

   d.  A service contract must state the name and address of the service company obligated to perform services under the contract, and must conspicuously identify the service company, any third-party administrator, and the service contract holder to the extent that the name and address of the service contract holder has been furnished. The identities of such parties shall not be required to be printed on the contract in advance and may be added to the contract at the time of sale.
   e.  A service contract must clearly state the total purchase price of the service contract and the terms under which the service contract is sold. The total purchase price shall not be required to be printed on the contract in advance and may be added to the contract at the time of sale.
   f.  If prior approval of repair work is required, a service contract must conspicuously describe the procedure for obtaining prior approval and for making a claim, including a toll-free telephone number for claim service, and the procedure for obtaining emergency repairs performed outside of normal business hours.
   g.  A service contract must clearly state any waiting period applicable to coverage under the service contract, and the date on which coverage begins.
   h.  A service contract must clearly state the existence of any deductible amount.
   i.  A service contract must specify the merchandise or services, or both, to be provided and any limitations, exceptions, or exclusions.
   j.  A service contract must clearly state the conditions on which the use of substitute parts or services will be allowed. Such conditions must comply with applicable state and federal laws.
   k.  A service contract must clearly state any terms, restrictions, or conditions governing the transferability of the service contract.
   l.  A service contract must clearly state the instructions for cancellation of the service contract by the service contract holder. Cancellation instructions must include all necessary information for a service contract holder to complete a cancellation. Cancellation instructions must include the phone number, email address, or mailing address necessary for the cancellation of the service contract, as well as any other information that the service contract holder must use to cancel the contract. A service company shall accept cancellation of a service contract from a service contract holder by telephone, email, or mail, or any other cost-effective and accessible method of communication. The method of cancellation utilized by a service company for the cancellation of a service contract shall be as accessible as the method utilized by the service company for the service contract holder to enter into the service contract.
   m.  A service contract must clearly state the terms and conditions governing the cancellation of the contract prior to the termination or expiration date of the contract by the service company or the service contract holder. If the service company cancels the contract, the service company shall mail a written notice of termination to the service contract holder at least fifteen calendar days before the date of the termination. Prior notice of cancellation by the service company shall not be required if the reason for cancellation is nonpayment of the purchase price, a material misrepresentation by the service contract holder to the service company or the support services for the service company, or a substantial breach of duty by the service contract holder relating to the covered product or use of the covered product. The notice of cancellation must state the effective date of the cancellation and the reason for the cancellation. If a service contract is canceled by the service company for any reason other than nonpayment of the purchase price, the service company shall refund the service contract holder in an amount equal to one hundred percent of the unearned purchase price paid, calculated on a pro rata basis based upon elapsed time or mileage, less any claims paid. The service company may also charge a reasonable administrative fee in an amount no greater than ten percent of the total purchase price. A ten percent penalty shall be added to the refund each month if the refund is not paid to the service contract holder within thirty calendar days.
   n.  (1)  A service contract must permit the original service contract holder who purchased the contract to cancel the service contract within at least thirty calendar days of the effective date of the service contract, provided no claims have been paid under the service contract, or within a longer period of time as permitted under the service contract. If a claim has not been paid under the service contract prior to cancellation by the service contract holder, the service contract is void and the full purchase price of the service contract shall be refunded to the service contract holder. A ten percent penalty shall be added to the refund each month if the refund is not paid to the service contract holder within thirty calendar days, unless the service contract holder fails to provide the information required by the service contract to complete the cancellation.
   (2)  If the service contract holder cancels the service contract in violation of subparagraph (1), the service company shall refund the service contract holder an amount equal to one hundred percent of the unearned purchase price paid, calculated on a pro rata basis based upon elapsed time or mileage, less any claims paid. The service company may also charge a reasonable administrative fee in an amount no greater than ten percent of the total purchase price. A ten percent penalty shall be added to a refund each month if the refund is not paid to the service contract holder within thirty calendar days of the service contract cancellation request, unless the service contract holder fails to provide the information required in the service contract to complete the cancellation.
   o.  A service contract must set forth all obligations and duties of the service contract holder, including but not limited to the duty to protect against any further damage, and the obligation to follow an owner’s manual and to perform, or have performed, all required service or maintenance.
   p.  A service contract must clearly state if the contract covers or excludes consequential damages and preexisting conditions, if applicable. A service contract may, but is not required to, cover damage resulting from rust, corrosion, or damage caused by a part or system not covered under the service contract.
   q.  A service contract must clearly state the service call fee, if any, charged to the service contract holder.
   r.  A service contract must state the name and address of the commissioner, the current toll-free telephone number of the division, and a statement that a consumer may file a complaint with the division, including by filing a complaint on the division’s internet site.
   s.  If a residential service contract relates to heating, cooling, plumbing, refrigeration, or electrical service, and the claim being made by the service contract holder is essential to the health and safety of the service contract holder or, if applicable, the service contract holder’s family, the service company shall ensure all of the following:
   (1)  Repair or replacement of the essential good commences within forty-eight hours after the report of the claim, and is completed as soon as reasonably practicable.
   (2)  If the service company determines that the service company cannot complete a repair, replacement, or service within three calendar days after the report of the claim, the service contract holder may seek an outside provider to complete the repair, replacement, or service. The service company shall cover reasonable costs associated with a repair, replacement, or service completed by an outside service provider up to the maximum dollar amount covered by the service contract. 
   (3)  Notice is provided to the service contract holder if a repair cannot practicably be completed within three calendar days after the report of the claim. The service company shall provide a status report to the service contract holder by communicating in a verifiable manner as soon as practicable, but no later than three calendar days after the date of the report of the claim. The status report must include all of the following:
   (a)  A list of all required repairs, replacements, or services and the estimated cost to the service contract holder.
   (b)  The primary reason the required repair, replacement, or service will take longer than three calendar days, including the status of all parts required for the repair, replacement, or service.
   (c)  The current estimated length of time to complete the repair, replacement, or service.
   (d)  The telephone number of the service company in the event the service contract holder or the commissioner wants to make an inquiry concerning the claim, and a commitment by the service company to respond to an inquiry no later than one business day after the date the inquiry is received.
   (e)  A statement that if the service contract holder is not satisfied with the manner in which the service company handles the claim under the terms of a service contract, the service contract holder may file a complaint with the division pursuant to paragraph “r”.
   (f)  A notice to the service contract holder that the service contract holder may seek an outside service provider to complete the repair, replacement, or service, and that the service company will cover reasonable costs associated with a repair, replacement, or service completed by an outside service provider up to the maximum dollar amount covered by the service contract.
    Sec. 8.  NEW SECTION.  523C.8  Service contract forms —— fees.
   1.  A service company shall file with the division an accurate copy of each service contract form prior to using the service contract form for the sale of a service contract in this state.
   2.  At the time of filing each motor vehicle service contract form with the division a service company shall pay a fee in the amount of thirty-five dollars for each motor vehicle service contract form.
   3.  Notwithstanding section 523C.7, a service company may continue to use a service contract form that is noncompliant with this chapter until August 31, 2027, provided no changes are made to the service contract form and the service contract form was filed with the division in 2026.
    Sec. 9.  Section 523C.9, Code 2026, is amended by striking the section and inserting in lieu thereof the following:
   523C.9  License denial, nonrenewal, suspension, or revocation.
   1.  The commissioner may suspend or revoke the license of, deny an application for a license from, or refuse to renew the license of, a service company, or may levy a civil penalty as provided in section 523C.13 against a service company, for any of the following reasons:
   a.  The service company violated this chapter, a lawful order, regulation, or subpoena.
   b.  The service company failed to pay a final judgment rendered against the service company in this state within sixty calendar days after the date the judgment became final.
   c.  The service company, without just cause, refused to perform, or negligently or incompetently performed, a service required to be performed under the service company’s service contracts and the refusal, or negligent or incompetent performance, has occurred with such frequency as to indicate the general business practices of the service company are negligent or incompetent, as determined by the commissioner.
   d.  The service company violated section 523C.13.
   e.  The service company failed to demonstrate financial responsibility pursuant to section 523C.5, if applicable.
   f.  The service company failed to maintain a corporate certificate of good standing with the secretary of state.
   g.  The service company provided incorrect, misleading, incomplete, or materially untrue information in the service company’s license application.
   h.  The service company obtained or attempted to obtain a license through misrepresentation or fraud.
   i.  The service company improperly withheld, misappropriated, or converted any money or property received in the course of business as a service company.
   j.  The service company intentionally misrepresented the terms of an actual or proposed service contract.
   k.  Within the immediately preceding ten consecutive years, an owner, officer, or director of the service company has been convicted of a criminal offense involving any aspect of a business involving securities, commodities, investments, franchises, insurance, banking, or finance.
   l.  An owner, officer, or director of the service company has been convicted of a criminal offense involving dishonesty or a false statement, including but not limited to fraud, theft, misappropriation of funds, falsification of documents, deceptive acts or practices, or other related offenses.
   m.  The service company admitted to committing, or was found to have committed, any unfair trade practice or fraud.
   n.  The service company used fraudulent, coercive, or dishonest practices, or demonstrated incompetence, untrustworthiness, or financial irresponsibility, in conducting business in this state or any other state.
   o.  The service company had a service company license or its equivalent, denied, suspended, or revoked in any other state, province, district, or territory.
   p.  The service company failed, or refused, to cooperate in an investigation conducted by the commissioner of insurance.
   2.  If the commissioner suspends or revokes the license of, denies the application for licensure of, or refuses to renew the license of, a service company pursuant to this section, the commissioner shall notify the service company in writing and provide the reason for the suspension, revocation, denial, or nonrenewal. The licensee or applicant may request a hearing on the suspension, revocation, nonrenewal, or denial, and a hearing shall be conducted according to section 507B.6.
    Sec. 10.  Section 523C.13, Code 2026, is amended by striking the section and inserting in lieu thereof the following:
   523C.13  Prohibited acts or practices —— penalty —— violations —— contracts voided.
   1.  A service company, or the service company’s support services, that offers service contracts for sale in this state shall not, directly or indirectly, represent in any manner, whether by written solicitation or telemarketing, a false, deceptive, or misleading statement with respect to any of the following:
   a.  The service company’s affiliation with a motor vehicle manufacturer or importer.
   b.  The validity or expiration of a warranty.
   c.  A motor vehicle service contract holder’s coverage under a motor vehicle service contract, including statements suggesting that the service contract holder must purchase a new service contract in order to maintain coverage under the existing service contract or warranty.
   d.  Descriptions of the service contract as a “policy”.
   2.  A licensed service company which offers service contracts for sale in this state shall not, directly or indirectly, do any of the following:
   a.  Fail to complete, or fail to ensure the completion of, a repair, maintenance, replacement, service, or indemnification of expenses associated with a covered claim within a reasonable period of time.
   b.  Create or use any advertising that does not include the name of the licensed service company.
   c.  Use any method of marketing that may induce the purchase of a service contract through force, fear, or threats, whether explicit or implied.
   d.  Create or use any service contract marketing materials that contain incorrect or misleading information.
   e.  Use, offer for sale, or issue in this state a service contract form that has not been submitted as part of a license application pursuant to section 523C.3, as part of a license application renewal pursuant to section 523C.4, or submitted to the division during the service company’s current license period.
   3.  The commissioner may adopt rules pursuant to chapter 17A that regulate service contracts to prohibit misrepresentation, false advertising, defamation, boycotts, coercion, intimidation, false statements and entries, and unfair discrimination or practices. If the commissioner finds that a person has violated rules adopted under this section, the commissioner may order any of the following:
   a.  Payment of a civil penalty of not more than one thousand dollars for each act or violation, not to exceed an aggregate of ten thousand dollars, unless the person knew or reasonably should have known the person was in violation of this section, in which case the civil penalty shall be no more than five thousand dollars for each act or violation, not to exceed an aggregate of fifty thousand dollars in any one consecutive six-month period. If the commissioner finds a violation of this section was directed, encouraged, condoned, ignored, or ratified by the employer of the person the commissioner may assess the penalty to the employer and not the person. Any civil penalties collected under this subsection shall be deposited as provided in section 505.7.
   b.  Suspension or revocation of the person’s license, if the person knew or reasonably should have known the person was in violation of this section.
   4.  A violation of this chapter constitutes an unlawful practice pursuant to section 714.16.
   5.  A person shall not engage, directly or indirectly, in any unfair method of competition, or an unfair or deceptive act or practice, in the business of service contracts. Any violation of this chapter constitutes an unfair method of competition, or an unfair or deceptive act or practice. If, after hearing, the commissioner determines that a person has engaged in an unfair method of competition or an unfair or deceptive act or practice, sections 507B.6 through 507B.8 shall apply. 
    Sec. 11.  Section 523C.22, Code 2026, is amended to read as follows:
   523C.22  Claim procedures.
   A licensed service company shall promptly provide a detailed written explanation to the service contract holder, describing the reasons for denying a claim or for the offer of a compromise settlement, based on all relevant facts or legal requirements and referring to applicable provisions of the service contract.  The written explanation must provide an itemized list of services covered by, and not covered by, the service company under the service contract. The written explanation must provide instructions to the service contract holder on the process for an appeal, second review, arbitration, or similar provisions included in the contract, as well as information on how to file a complaint with the division, including the internet site on which to locate the division’s complaint form.
    Sec. 12.  Section 523C.23, subsection 1, paragraph c, Code 2026, is amended by striking the paragraph.
    Sec. 13.  Section 523C.23, subsection 2, Code 2026, is amended to read as follows:
   2.  Except as provided in section 523C.19, a A proceeding instituted under this chapter shall be conducted pursuant to chapter 17A and rules adopted by the commissioner pursuant to chapter 17A.
    Sec. 14.  NEW SECTION.  523C.25  Confidentiality.
   1.  Notwithstanding chapter 22, the commissioner shall maintain the confidentiality of information submitted to the division or obtained by the division in the course of an investigation, examination, or inquiry pursuant to this chapter or the commissioner’s licensing authority, including all notes, work papers, or other documents. Information obtained by the commissioner in the course of investigating a complaint or inquiry may, at the discretion of the commissioner, be provided to the service company that is the subject of the complaint or inquiry and the consumer who filed the complaint or inquiry, without waiving the confidentiality afforded to the commissioner or to any other person by this section. The commissioner may disclose or release information that is otherwise confidential under this subsection in the course of an administrative or judicial proceeding.
   2.  Notwithstanding subsection 1, if the commissioner determines that it is necessary in the public interest, the commissioner may share information with other regulatory authorities or government agencies, or may publish service company-related data or information collected under this chapter. Such information may be redacted so that neither personally identifiable information nor service company identifiable information is made available.
    Sec. 15.  Section 714.16, subsection 2, Code 2026, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  t.  It is an unlawful practice for a person to violate chapter 523C.
    Sec. 16.  REPEAL.  Section 523C.19, Code 2025, is repealed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the licensing of service companies, motor vehicle service contracts, and residential service contracts.
   The bill prohibits a person that will be contractually obligated to a service contract holder under the terms of a service contract from issuing, offering for sale, or selling a motor vehicle service contract or residential service contract in the state unless the person is a licensed service company. The requirements of the bill do not apply to any person who provides support services. “Support services” is defined in the bill.
   A service company shall maintain a license for the entirety of any service contract that the service company has entered. A service company shall report to the commissioner of insurance (commissioner) within 30 calendar days any material change to the information submitted in the initial or renewal application, within 30 days of any administrative action taken against the service company, and within 30 days of the initial pretrial hearing date in a criminal prosecution against the service company as detailed in the bill.
   An application for a license as a service company shall be filed with the commissioner, include all information as described in the bill, and be accompanied by a $500 license fee and a $35 fee for each motor vehicle service contract form provided by the service company in the application. A license as a service company is valid for one year and must be renewed annually on or before August 31 of each year following the date of issuance.
   An application for license renewal shall include the information required for an initial license, a list of each service contract form, any additional information requested by the commissioner to verify the information in the renewal application, and the information and fees as described in the bill. If the renewal application meets the requirements, the commissioner shall renew the license unless otherwise denied, in which case the denial shall be in writing. 
   If a service company fails to renew their license on or before the end of the license period, the company’s license shall be deemed expired, and the service company shall be subject to restrictions detailed in the bill. Prior to a license expiration date, and if a renewal application was submitted at least 14 days prior to the license expiration date, the commissioner may extend the renewal period an additional 30 calendar days. If a service company submits an application or renewal application after the license has expired, the service company shall file a service company license renewal application, including payment of applicable fees.
   A service contract shall not be issued, sold, or offered for sale unless the service company complies with the requirements of the bill. A paper copy of the sample copy or the service contract shall be provided upon the consumer’s request at the expense of the service company.
   A service contract issued, sold, or offered for sale in the state shall comply with all of the requirements described in the bill. The requirements for a residential service contract that relates to goods that are essential to the health and safety of the service contract holder are detailed in the bill. 
   A service company may continue to use a noncompliant service contract form until August 31, 2027, provided no changes are made to the form, and the service contract form was filed with the division in 2026.
   The commissioner may suspend or revoke the license of, deny an application for license from, or refuse to renew the license of a service company, or may levy a civil penalty against a service company, as described in the bill, and shall notify the service company in writing of the reason for the suspension, revocation, nonrenewal, or denial. The licensee or applicant may request a hearing.
   A service company that offers service contracts for sale, or the service company’s support services, shall not represent in any manner a false, deceptive, or misleading statement with respect to the service company’s affiliation with a motor vehicle manufacturer or importer, the validity or expiration of a warranty, or a motor vehicle service contract holder’s coverage under a motor vehicle service contract, and shall not describe the service contract as a policy.
   A service company shall not engage in a prohibited act or practice as detailed in the bill. The commissioner may adopt rules regulating service contracts to prohibit misrepresentation, false advertising, defamation, boycotts, coercion, intimidation, false statements and entries, and unfair discrimination or practices. If the commissioner finds that a person has violated rules adopted under the bill, the commissioner may order payment of a civil penalty as described in the bill, or suspend or revoke a service company’s license. Under the bill, a person shall not engage in any unfair method of competition, or an unfair or deceptive act or practice, in the service contract business.
   A written explanation to a service contract holder for a denial of a claim or offer of a settlement shall include the information detailed in the bill.
   The commissioner shall maintain the confidentiality of information submitted to the division or obtained by the division in the course of an investigation, examination, or inquiry, including all notes, work papers, or other documents and the information as described in the bill. The commissioner may disclose or release information that is otherwise confidential in the circumstances detailed in the bill.
   The bill repeals Code section 523C.19 (cease and desist orders).