Senate
File
573
-
Introduced
SENATE
FILE
573
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
SSB
1192)
A
BILL
FOR
An
Act
relating
to
motor
vehicle
glass
repair,
replacement,
1
and
insurance,
making
penalties
applicable,
and
including
2
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2746SV
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573
Section
1.
NEW
SECTION
.
321B.1
Definitions.
1
As
used
in
this
chapter:
2
1.
“Advanced
driver
assistance
system”
means
any
motor
3
vehicle
driving
automation
system
that
performs
part
or
all
4
of
the
dynamic
driving
task,
as
described
by
the
society
of
5
automotive
engineers
international
taxonomy
and
definitions
for
6
terms
related
to
driving
automation
systems
for
on-road
motor
7
vehicles,
under
SAE
J3016,
as
revised
on
April
30,
2021,
and
8
that
is
designed
to
support
the
driver
and
motor
vehicle
in
a
9
manner
intended
to
do
all
of
the
following:
10
a.
Enhance
motor
vehicle
safety.
11
b.
Reduce
losses
associated
with
motor
vehicle
crashes.
12
2.
“Insurance
producer”
means
as
defined
in
section
522B.1,
13
and
includes
an
agent
of
such
producer.
14
3.
“Insured
person”
means
a
person
that
is
entitled,
or
may
15
be
entitled,
to
receive
first-party
benefits
or
payments
under
16
an
insurance
policy,
and
includes
an
agent
of
such
person.
17
4.
“Insurer”
means
as
defined
in
section
522B.1,
and
18
includes
an
agent
of
an
insurer.
19
5.
“Motor
vehicle
glass”
means
the
glass
and
nonglass
20
parts
associated
with
the
replacement
of
the
glass
used
in
the
21
windshield,
doors,
or
windows
of
a
motor
vehicle.
22
6.
“Motor
vehicle
glass
repair
shop”
or
“shop”
means
any
23
person
who
repairs
or
replaces
damaged
motor
vehicle
glass
for
24
consideration.
25
7.
“Notice”
means
direct
written
communication
including
26
communication
conducted
through
electronic
mail,
text
message,
27
or
other
electronic
means
which
is
directed
to
and
easily
28
accessible
by
the
consumer.
29
8.
“Repairing
or
replacing
damaged
motor
vehicle
glass”
30
includes
all
of
the
following:
31
a.
Inspecting,
repairing,
restoring,
or
replacing
damaged
32
motor
vehicle
glass.
33
b.
Calibrating
or
recalibrating
an
advanced
driver
34
assistance
system
if
the
replacement
of
damaged
motor
vehicle
35
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glass
is
required.
1
9.
“Rights
or
benefits
under
the
policy”
includes
the
insured
2
person’s
right
to
receive
any
and
all
post-loss
benefits
or
3
payments
available
or
payable
under
an
insurance
policy,
4
including
but
not
limited
to
claim
payments.
5
Sec.
2.
NEW
SECTION
.
321B.2
Prohibited
post-loss
benefit
6
assignment.
7
1.
Prior
to
or
after
a
claimed
or
covered
loss,
an
insured
8
person
shall
not
assign,
delegate,
or
otherwise
transfer,
in
9
whole
or
in
part,
to
any
other
person
any
of
the
following:
10
a.
Duties
under
the
policy.
11
b.
Rights
or
benefits
under
the
policy.
12
2.
A
contract
that
violates
this
section
is
void
and
13
unenforceable.
14
3.
Nothing
in
this
section
shall
be
construed
to
prohibit
15
an
insured
person
from
authorizing
or
directing
payment
to,
or
16
paying,
a
person
for
services,
materials,
or
any
other
expense
17
that
may
be
or
is
covered
under
an
insurance
policy.
18
Sec.
3.
NEW
SECTION
.
321B.3
Advanced
driver
assistance
19
systems.
20
1.
Prior
to
repairing
or
replacing
damaged
motor
vehicle
21
glass
for
an
insured
person,
a
motor
vehicle
glass
repair
shop
22
shall
notify
the
insured
person
whether
the
motor
vehicle
has
23
an
advanced
driver
assistance
system.
If
the
motor
vehicle
24
has
an
advanced
driver
assistance
system,
the
shop
shall
also
25
notify
the
insured
person
of
all
of
the
following:
26
a.
Whether
calibration
or
recalibration
of
the
motor
27
vehicle’s
advanced
driver
assistance
system
is
needed
after
28
a
windshield
repair
or
replacement,
in
accordance
with
the
29
vehicle
manufacturer’s
recommendations.
30
b.
Whether
the
shop
intends
to
calibrate
or
recalibrate
the
31
advanced
driver
assistance
system
in
a
manner
that
meets
the
32
motor
vehicle
manufacturer’s
specifications.
33
c.
If
the
shop
is
not
capable
of
performing,
or
does
not
34
intend
to
perform,
a
calibration
or
recalibration,
the
shop
35
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shall
advise
the
insured
person
to
take
the
motor
vehicle
1
to
the
vehicle
manufacturer’s
certified
dealership
or
a
2
qualified
specialist
capable
of
performing
the
calibration
or
3
recalibration.
4
2.
If
calibration
or
recalibration
of
the
motor
vehicle’s
5
advanced
driver
assistance
system
is
performed,
the
shop
shall
6
provide
notice
to
the
insured
person
of
whether
the
calibration
7
or
recalibration
was
successful.
If
the
calibration
or
8
recalibration
was
not
successful,
the
shop
shall
advise
9
the
insured
person
to
take
the
motor
vehicle
to
the
vehicle
10
manufacturer’s
certified
dealership
or
a
qualified
specialist
11
capable
of
performing
the
calibration
or
recalibration.
12
Sec.
4.
NEW
SECTION
.
321B.4
Motor
vehicle
glass
repair
13
claims
and
practices.
14
1.
A
motor
vehicle
glass
repair
shop
shall
not
contract
with
15
a
person
to
repair
or
replace
damaged
motor
vehicle
glass
to
be
16
paid
for
under
a
first-party
insurance
policy
until
verifying
17
all
of
the
following:
18
a.
The
insured
person
has
made
a
first-party
claim
for
19
repairing
or
replacing
damaged
motor
vehicle
glass
under
a
20
motor
vehicle
insurance
policy.
21
b.
The
shop
has
received
a
claim
or
referral
number
for
the
22
claim
referenced
under
paragraph
“a”
.
23
c.
The
requirements
of
section
321B.3,
subsection
1,
were
24
followed.
25
2.
A
shop
shall
do
all
of
the
following:
26
a.
Provide
the
insured
person
a
good
faith
estimate
of
the
27
fees
and
costs
that
are
anticipated
to
be
charged
for
repairing
28
or
replacing
damaged
motor
vehicle
glass.
29
b.
Prior
to
performing
any
repair
or
replacement
service,
30
provide
the
insured
person
an
updated
estimate.
31
3.
After
repairing
or
replacing
damaged
motor
vehicle
32
glass,
a
shop
shall
provide
the
insured
person
all
of
the
33
following,
as
applicable:
34
a.
An
itemized
invoice
and,
upon
payment,
a
receipt.
35
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b.
Notice
that
states
whether
the
advanced
driver
assistance
1
system
was
successfully
calibrated
or
recalibrated.
2
c.
If
the
calibration
or
recalibration
was
not
successful,
3
notice
advising
the
insured
person
to
not
rely
on
the
advanced
4
driver
assistance
system
until
the
system
has
been
successfully
5
calibrated
or
recalibrated
by
the
vehicle
manufacturer’s
6
certified
dealership
or
a
qualified
specialist
capable
of
7
performing
the
calibration
or
recalibration.
8
Sec.
5.
NEW
SECTION
.
321B.5
Prohibited
acts.
9
1.
A
motor
vehicle
glass
repair
shop,
and
any
other
person
10
who
is
compensated
for
the
solicitation
of
insurance
claims,
11
shall
not
offer
a
rebate,
gift,
gift
card,
cash,
coupon,
fee,
12
prize,
bonus,
payment,
incentive,
inducement,
or
any
other
13
thing
of
value
to
any
insured
person,
insurance
producer,
or
14
other
person
in
exchange
for
directing
or
making
a
claim
under
15
a
motor
vehicle
insurance
policy
for
repair
or
replacement
of
16
motor
vehicle
glass.
17
2.
A
shop
shall
not
do
any
of
the
following:
18
a.
Charge
unreasonable
fees
or
costs
to
an
insured
person
19
for
repairing
or
replacing
damaged
motor
vehicle
glass.
A
fee
20
that
exceeds
an
amount
customarily
charged
for
such
service
is
21
unreasonable.
22
b.
Submit
false,
misleading,
or
incomplete
documentation
or
23
information
to
an
insured
person
or
an
insurer
for
repairing
or
24
replacing
damaged
motor
vehicle
glass.
25
c.
Falsely
sign
a
work
order
or
other
insurance-related
form
26
relating
to
an
insured
person’s
claim,
or
potential
claim,
for
27
a
repair
or
replacement
of
damaged
motor
vehicle
glass.
28
d.
Misrepresent
the
estimated
fees
and
costs
for
repairing
29
or
replacing
damaged
motor
vehicle
glass
to
an
insured
person
30
or
insurer.
31
e.
State
that
an
insurer
has
approved
repairing
or
replacing
32
damaged
motor
vehicle
glass
unless
the
shop
does
all
of
the
33
following:
34
(1)
Verifies
coverage
directly
with,
or
obtains
approval
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directly
from,
the
insurance
producer.
1
(2)
Obtains
confirmation
of
the
coverage
or
approval
by
any
2
form
of
written
or
recorded
communication.
3
f.
State
that
repairing
or
replacing
damaged
motor
vehicle
4
glass
will
be
paid
for
entirely
by
an
insurer
and
at
no
cost
to
5
the
insured
person
unless
such
coverage
has
been
verified
by
6
the
insurer.
7
3.
With
respect
to
an
insured
person’s
claim,
or
potential
8
claim,
for
repairing
or
replacing
damaged
motor
vehicle
glass,
9
a
shop
shall
not
do
any
of
the
following,
which
results,
or
10
would
result,
in
a
higher
insurance
payment
or
a
change
of
11
insurance
coverage
status:
12
a.
Indicate
that
work
was
performed
in
a
geographical
area
13
that
was
not
the
geographical
area
where
the
work
occurred.
14
b.
Advise
an
insured
person
to
falsify
the
date
of
damage.
15
4.
With
respect
to
an
insured
person’s
claim
or
potential
16
claim
for
repairing
or
replacing
damaged
motor
vehicle
glass,
a
17
shop
shall
not
do
any
of
the
following:
18
a.
Damage,
or
encourage
an
insured
person
to
damage,
the
19
motor
vehicle
in
order
to
increase
the
scope
of
work
necessary
20
to
repair
or
replace
damaged
motor
vehicle
glass.
21
b.
Perform
work
that
is
clearly
and
substantially
beyond
the
22
level
of
work
necessary
to
restore
the
motor
vehicle
to
a
safe
23
condition
in
accordance
with
accepted
or
approved
reasonable
24
and
customary
techniques
for
repairing
or
replacing
damaged
25
motor
vehicle
glass.
26
c.
Misrepresent
the
shop’s
relationship
to
an
insured
person
27
or
an
insurer.
28
d.
Perform
any
other
act
that
constitutes
fraud
or
29
misrepresentation.
30
5.
Any
notice
or
invoice
required
under
this
chapter
shall
31
be
issued
using
the
same
font
and
size
of
font
as
the
invoice,
32
estimate,
or
receipt.
33
Sec.
6.
NEW
SECTION
.
321B.6
Right
to
choose
motor
vehicle
34
glass
repair
shop.
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1.
An
insured
person
that
makes
a
first-party
claim
for
1
repairing
or
replacing
damaged
motor
vehicle
glass
under
a
2
motor
vehicle
insurance
policy
shall
not
be
required
to
use
a
3
particular
motor
vehicle
glass
repair
shop
to
be
paid
claim
4
payments
or
receive
other
benefits
under
the
policy.
5
2.
Subsection
1
shall
not
be
construed
to
do
any
of
the
6
following:
7
a.
Prohibit
an
insurer,
insurance
producer,
insurance
8
adjuster,
or
any
person
acting
on
behalf
of
an
insurer,
9
insurance
producer,
or
insurance
adjuster
from
recommending
a
10
shop
or
providing
an
explanation
to
an
insured
person
of
the
11
coverage
available,
and
any
applicable
liability
limit,
under
12
the
person’s
insurance
policy.
13
b.
Prohibit
an
insurer
from
maintaining
a
network
of
motor
14
vehicle
glass
repair
shops.
15
c.
Create
a
private
cause
of
action.
16
Sec.
7.
NEW
SECTION
.
321B.7
Presumption.
17
It
may
be
presumed
that
a
motor
vehicle
glass
repair
shop
18
is
acting
knowingly
in
violation
of
section
321B.5
if
the
shop
19
engages
in
a
regular
and
consistent
pattern
of
a
prohibited
20
activity.
21
Sec.
8.
NEW
SECTION
.
321B.8
Penalty.
22
A
person
who
violates
a
provision
of
this
chapter
commits
an
23
unfair
trade
practice
under
chapter
507B.
24
Sec.
9.
Section
507B.3,
Code
2025,
is
amended
by
adding
the
25
following
new
subsection:
26
NEW
SUBSECTION
.
01.
A
person
who
violates
a
provision
in
27
chapter
321B
shall
be
deemed
to
have
committed
an
unfair
trade
28
practice
under
this
chapter.
29
Sec.
10.
APPLICABILITY.
This
Act
applies
to
insurance
30
policies
issued
or
renewed
on
or
after
the
effective
date
of
31
this
Act.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
35
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This
bill
relates
to
motor
vehicle
glass
repair,
1
replacement,
and
insurance.
2
The
bill
regulates
the
post-loss
assignment
of
benefits,
3
calibration
of
advanced
driver
assistance
systems,
and
motor
4
vehicle
glass
repair
claims
and
practices,
prohibits
certain
5
related
acts,
provides
a
right
for
an
insured
person
to
choose
6
a
motor
vehicle
glass
repair
shop,
establishes
presumptions
7
if
repair
shops
engage
in
regular
and
consistent
patterns
of
8
prohibited
activity,
and
makes
penalties
applicable.
9
The
bill
includes
requirements
for
motor
vehicle
glass
10
repair
shops
to
notify
insured
persons
about
glass
on
vehicles
11
with
advanced
driver
assistance
systems,
including
vehicle
12
driving
automation
systems
that
perform
part
or
all
of
the
13
dynamic
driving
task
on
a
sustained
basis
to
enhance
motor
14
vehicle
safety
and
reduce
losses
associated
with
motor
vehicle
15
crashes.
By
reference,
the
bill
incorporates
six
levels
of
16
driving
automation,
ranging
from
no
driving
automation
(level
17
0)
to
full
driving
automation
(level
5),
as
described
in
the
18
most
recent
version
of
the
society
of
automotive
engineers
19
international
levels
of
driving
automation
bulletin.
20
A
person
who
violates
a
provision
of
the
bill
is
subject
21
to
entry
of
a
cease
and
desist
order,
may
be
ordered
by
the
22
commissioner
of
insurance
to
pay
a
civil
penalty
ranging
from
23
$1,000
to
$50,000
under
Code
section
507B.7,
and
if
the
person
24
has
a
license
to
operate
the
person’s
business,
the
license
is
25
subject
to
suspension
or
revocation.
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