House File 986 - Reprinted HOUSE FILE 986 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 911) (SUCCESSOR TO HSB 256) (As Amended and Passed by the House April 24, 2025 ) A BILL FOR An Act relating to matters under the purview of the department 1 of insurance and financial services, the utilities 2 commission, and the department of transportation, including 3 financial literacy and exploitation, tax confidentiality, 4 health insurance rates, health savings accounts, insurer 5 withdrawals, property insurance, service contracts, the 6 Iowa individual health benefit reinsurance association, and 7 the Iowa cemetery Act, motor vehicle financial liability 8 coverage, and including penalties and effective date 9 provisions. 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 11 HF 986 (3) 91 nls/ko/md
H.F. 986 DIVISION I 1 FINANCIAL LITERACY AND FINANCIAL EXPLOITATION 2 Section 1. Section 502.410, subsection 2, Code 2025, is 3 amended to read as follows: 4 2. Agents. The fee for an individual is forty dollars 5 when filing an application for registration as an agent, a fee 6 of forty dollars when filing a renewal of registration as an 7 agent, and a fee of forty dollars when filing for a change of 8 registration as an agent. Of each forty-dollar fee collected, 9 ten dollars is appropriated to the securities investor 10 education and financial literacy training fund established 11 under financial literacy and investor education fund created 12 in section 502.601, subsection 5 546.14, and ten dollars is 13 appropriated to the financial exploitation prevention fund 14 created in section 546.15 . If the filing results in a denial 15 or withdrawal, the administrator shall retain the fee. 16 Sec. 2. Section 502.601, subsection 4, Code 2025, is amended 17 by striking the subsection and inserting in lieu thereof the 18 following: 19 4. Financial literacy and investor education. Initiatives 20 involving financial literacy and investor education shall 21 comply with the initiatives in section 546.14, subsection 1, 22 and section 546.15, subsection 1. 23 Sec. 3. Section 502.601, subsection 5, Code 2025, is amended 24 by striking the subsection. 25 Sec. 4. Section 505.7, subsection 3, Code 2025, is amended 26 to read as follows: 27 3. Forty percent of the nonexamination Nonexamination 28 revenues payable to the division of insurance or the department 29 of revenue in connection with the regulation of insurance 30 companies or other entities subject to the regulatory 31 jurisdiction of the division shall be deposited in the commerce 32 revolving fund created in section 546.12 and shall be subject 33 to annual appropriation to the division for its operations 34 and is also subject to expenditure under subsection 6 . The 35 -1- HF 986 (3) 91 nls/ko/md 1/ 35
H.F. 986 remaining nonexamination revenues payable to the division of 1 insurance or the department of revenue shall be deposited in 2 the general fund of the state. 3 Sec. 5. Section 505.8, subsection 17, Code 2025, is amended 4 to read as follows: 5 17. a. The commissioner shall utilize the senior health 6 insurance information program to assist in the dissemination 7 of objective and noncommercial educational material and to 8 raise awareness of prudent consumer choices in considering the 9 purchase of various insurance products designed for the health 10 care needs of older Iowans. 11 b. A senior health insurance information program fund 12 is created in the state treasury under the control of the 13 commissioner and moneys in the fund are appropriated to the 14 division for the purposes specified in paragraph “a” . 15 c. Notwithstanding any law to the contrary, moneys shall be 16 deposited into the senior health insurance information fund as 17 follows: 18 (1) Any appropriation made by the general assembly from the 19 general fund for the purpose of paragraph “a” . 20 (2) Any moneys available to and obtained or accepted by the 21 division from the federal government for deposit in the senior 22 health insurance information fund. 23 (3) Any other moneys or grants secured by the division that 24 align with the purpose of paragraph “a” . 25 d. Notwithstanding section 12C.7, subsection 2, interest or 26 earnings on moneys deposited in the senior health information 27 program fund shall be credited to the senior health information 28 program fund. Notwithstanding section 8.33, moneys in the 29 senior health information program fund that remain unencumbered 30 or unobligated at the close of a fiscal year shall not revert 31 but shall remain available for expenditure for the purposes 32 designated. 33 Sec. 6. Section 546.2, subsection 4, Code 2025, is amended 34 by adding the following new paragraph: 35 -2- HF 986 (3) 91 nls/ko/md 2/ 35
H.F. 986 NEW PARAGRAPH . g. To identify and coordinate appropriate 1 opportunities for collaboration under sections 546.14 and 2 546.15 with the chief administrative officers of each division 3 and each chief administrative officer’s respective regulated 4 entities. 5 Sec. 7. NEW SECTION . 546.14 Financial literacy and investor 6 education fund. 7 1. The director shall develop and implement financial 8 literacy and investor education initiatives for the public by 9 providing education on financial topics, including but not 10 limited to the topics required to be offered and taught for 11 grades nine through twelve under section 256.11, subsection 5, 12 paragraph “k” , subparagraph (1). 13 2. A financial literacy and investor education fund is 14 created in the state treasury under the control of the director 15 for the purposes specified in subsection 1. The fund shall 16 consist of any moneys appropriated to the fund by the general 17 assembly and any other moneys available and obtained or 18 accepted by the department for placement in the fund including 19 all of the following: 20 a. Moneys appropriated to the fund pursuant to section 21 502.410, subsection 2. 22 b. Notwithstanding any provision of law to the contrary, 23 the director may, at the director’s discretion, transfer up to 24 two hundred fifty thousand dollars from the commerce revolving 25 fund created in section 546.12 to complete the objectives under 26 subsection 1. 27 c. Notwithstanding any provision of law to the contrary, 28 any moneys received by the department by reason of civil 29 penalties assessed pursuant to chapter 502 may be deposited 30 in the financial literacy and investor education fund at the 31 discretion of the director. 32 d. The director may collaborate with organizations with an 33 interest in financial literacy and investor education. The 34 director may accept a grant or donation to be placed in the 35 -3- HF 986 (3) 91 nls/ko/md 3/ 35
H.F. 986 financial literacy and investor education fund. 1 3. Notwithstanding any provision of law to the contrary, 2 moneys in the financial literacy and investor education fund 3 may be transferred to the financial exploitation prevention 4 fund in section 546.15 at the discretion of the director. 5 4. Notwithstanding section 12C.7, subsection 2, interest or 6 earnings on moneys in the fund shall be credited to the fund. 7 Notwithstanding section 8.33, moneys appropriated in this 8 section that remain unencumbered or unobligated at the close of 9 a fiscal year shall not revert but shall remain available for 10 expenditure for the purposes designated. 11 Sec. 8. NEW SECTION . 546.15 Financial exploitation 12 prevention fund. 13 1. The director shall develop and implement initiatives to 14 accomplish all of the following: 15 a. Educate the public on financial exploitation. 16 b. Assist individuals who are known, suspected, or potential 17 victims of financial exploitation. 18 c. Conduct investigations, refer investigations to other law 19 enforcement, and assist in the prosecution of persons involved 20 in financial exploitation. 21 2. A financial exploitation prevention fund is created 22 in the state treasury under the control of the director and 23 consists of any moneys appropriated to the fund by the general 24 assembly for the purposes of subsection 1, and any other moneys 25 available and obtained or accepted by the department for 26 placement in the fund including all of the following: 27 a. Moneys appropriated to the fund pursuant to section 28 502.410, subsection 2. 29 b. Notwithstanding any provision of law to the contrary, the 30 director may, at the director’s discretion, transfer up to two 31 hundred fifty thousand dollars from the commerce revolving fund 32 to complete the objectives of this section. 33 c. Notwithstanding any provision of law to the contrary, 34 any moneys received by the department as a result of civil 35 -4- HF 986 (3) 91 nls/ko/md 4/ 35
H.F. 986 penalties assessed pursuant to chapter 502 may be placed into 1 the financial exploitation prevention fund at the discretion of 2 the director. 3 d. The director may collaborate with organizations with an 4 interest in financial exploitation prevention and education. 5 e. The director may accept a grant or donation to be placed 6 in the financial exploitation prevention fund. 7 3. Notwithstanding section 12C.7, subsection 2, interest or 8 earnings on moneys in the fund shall be credited to the fund. 9 Notwithstanding section 8.33, moneys appropriated in this 10 section that remain unencumbered or unobligated at the close of 11 a fiscal year shall not revert but shall remain available for 12 expenditure for the purposes designated. 13 4. a. All investigation files, investigation reports, 14 and all other investigative information in the possession of 15 the department pursuant to this section shall be confidential 16 records under chapter 22, except as specifically provided in 17 this section, and shall not be subject to release by discovery, 18 subpoena, or other means of legal compulsion until opened for 19 public inspection by the department, or upon the consent of 20 the department, or until a court of competent jurisdiction 21 determines, after notice to the department and hearing, 22 that the department will not be unnecessarily hindered in 23 accomplishing the purposes of this section if opened for public 24 inspection. Investigative information in the possession of 25 the department may be disclosed, in the director’s discretion, 26 to appropriate regulatory or law enforcement agencies within 27 the state, another state, the District of Columbia, or another 28 territory or country. 29 b. The director may share documents, materials, or other 30 information, including confidential and privileged documents, 31 materials, or other information, with any person provided 32 that the recipient agrees to maintain the confidential 33 and privileged status of the document, material, or other 34 information pursuant to Iowa law. 35 -5- HF 986 (3) 91 nls/ko/md 5/ 35
H.F. 986 c. The director may receive documents, materials, or other 1 information, including confidential and privileged documents, 2 materials, or other information from any person and shall 3 maintain as confidential and privileged any document, material, 4 or other information received with notice or the understanding 5 that it is confidential or privileged under the laws of the 6 jurisdiction that is the source of the document, material, or 7 other information. 8 d. The director may enter into an agreement governing the 9 sharing and use of documents, materials, or other information 10 consistent with this section. 11 e. An investigator or other staff member of the department 12 shall not be subject to subpoena in a civil action concerning 13 any matter of which the department investigator or other staff 14 member has knowledge pursuant to a pending or continuing 15 investigation conducted by the department pursuant to this 16 chapter. 17 Sec. 9. TRANSFER OF MONEYS. On the effective date of this 18 division of this Act, any unencumbered and unobligated moneys 19 remaining in the securities investor education and financial 20 literacy training fund created in section 502.601 shall be 21 transferred to the financial literacy and investor education 22 fund created in section 546.14, as enacted in this division of 23 this Act. 24 DIVISION II 25 TAX ON GROSS PREMIUMS —— CONFIDENTIALITY 26 Sec. 10. Section 432.1, Code 2025, is amended by adding the 27 following new subsection: 28 NEW SUBSECTION . 7. a. A tax return filed under this 29 section shall not be subject to inspection under chapter 22. 30 It shall be unlawful for any present or former officer or 31 employee of the state to willfully or recklessly publish any 32 tax return filed under this section. A person who violates 33 this paragraph shall be guilty of a serious misdemeanor and, in 34 addition to any other penalty, shall be dismissed from state 35 -6- HF 986 (3) 91 nls/ko/md 6/ 35
H.F. 986 office or discharged from state employment. 1 b. This section shall not be construed to prohibit the 2 department of revenue from turning over information and tax 3 returns in the department of revenue’s possession pursuant 4 to this subsection to duly authorized officers of the United 5 States, or tax officials of other states, pursuant to an 6 agreement between the commissioner of insurance and any of the 7 following: 8 (1) The secretary of the treasury of the United States, or 9 the secretary’s delegate. 10 (2) The commissioner of insurance of another state. 11 Sec. 11. Section 432.1A, Code 2025, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 8. a. A tax return filed under this 14 section shall not be subject to inspection under chapter 22. 15 It shall be unlawful for any present or former officer or 16 employee of the state to willfully or recklessly publish any 17 tax return filed under this section. A person who violates 18 this paragraph shall be guilty of a serious misdemeanor and, in 19 addition to any other penalty, shall be dismissed from state 20 office or discharged from state employment. 21 b. This section shall not be construed to prohibit the 22 department of revenue from turning over information and 23 tax returns in the department’s possession pursuant to this 24 subsection to duly authorized officers of the United States, or 25 tax officials of other states, pursuant to an agreement between 26 the commissioner of insurance and any of the following: 27 (1) The secretary of the treasury of the United States, or 28 the secretary’s delegate. 29 (2) The commissioner of insurance of another state. 30 DIVISION III 31 HEALTH INSURANCE RATE INCREASES —— PUBLIC HEARINGS 32 Sec. 12. Section 505.19, subsection 2, Code 2025, is amended 33 to read as follows: 34 2. The commissioner shall may hold a public hearing 35 -7- HF 986 (3) 91 nls/ko/md 7/ 35
H.F. 986 at the time a carrier files for proposed health insurance 1 rate increases exceeding the average annual health spending 2 growth rate as provided in subsection 1 , prior to approval or 3 disapproval of the proposed rate increases for that carrier by 4 the commissioner. 5 DIVISION IV 6 HEALTH SAVINGS ACCOUNTS AND QUALIFIED HIGH-DEDUCTIBLE HEALTH 7 PLANS —— COST-SHARING 8 Sec. 13. NEW SECTION . 509.3B Health savings accounts and 9 qualified high-deductible health plans —— cost-sharing. 10 If a copayment, coinsurance, or deductible paid as 11 cost-sharing by an enrollee under this chapter may result in 12 the enrollee becoming ineligible for a health savings account 13 associated with the enrollee’s qualified high-deductible 14 health plan under section 223 of the Internal Revenue Code, 15 the cost-sharing shall apply only to the enrollee’s qualified 16 high-deductible health plan after the enrollee satisfies the 17 enrollee’s minimum deductible, except for items or services 18 determined to be preventive care under section 223(c)(2)(C) of 19 the Internal Revenue Code. 20 Sec. 14. NEW SECTION . 514A.3C Health savings accounts and 21 qualified high-deductible health plans —— cost-sharing. 22 If a copayment, coinsurance, or deductible paid as 23 cost-sharing by an enrollee under this chapter may result in 24 the enrollee becoming ineligible for a health savings account 25 associated with the enrollee’s qualified high-deductible 26 health plan under section 223 of the Internal Revenue Code, 27 the cost-sharing shall apply only to the enrollee’s qualified 28 high-deductible health plan after the enrollee satisfies the 29 enrollee’s minimum deductible, except for items or services 30 determined to be preventive care under section 223(c)(2)(C) of 31 the Internal Revenue Code. 32 DIVISION V 33 INSURANCE COMPANY WITHDRAWAL REQUIREMENTS 34 Sec. 15. NEW SECTION . 505.36 Insurer —— withdrawal 35 -8- HF 986 (3) 91 nls/ko/md 8/ 35
H.F. 986 requirements. 1 1. Definitions. As used in this section, unless the context 2 otherwise requires: 3 a. “Commissioner” means the commissioner of insurance. 4 b. “Insurer” means an insurance company, an affiliate of 5 an insurance company, or other legal entity authorized to 6 engage in the business of insurance in this state, including 7 a reciprocal exchange, an interinsurance exchange, and a 8 lloyd’s plan. “Insurer” does not include an eligible surplus 9 lines insurer under chapter 515I, a county mutual insurance 10 association under chapter 518, a state mutual insurance 11 association under chapter 518A, an entity offering health 12 coverage, or an entity offering accident and sickness coverage. 13 2. Exemption. This section shall not apply to a transfer of 14 business from one insurer to another insurer if the insurer to 15 whom the business is being transferred is all of the following: 16 a. Within the same insurance holding company system as the 17 insurer from whom business is being transferred. 18 b. Authorized to engage in the business of insurance in this 19 state. 20 c. Not a reciprocal or interinsurance exchange, a lloyd’s 21 plan, a state mutual insurance association, or a county mutual 22 insurance association. 23 3. Withdrawal plan required. An insurer shall file a 24 withdrawal plan with the commissioner in any of the following 25 circumstances: 26 a. The insurer intends to reduce the insurer’s total annual 27 premium volume in the state by fifty percent or more. 28 b. For an insurer whose premiums for the immediately 29 preceding year are greater than one tenth of one percent of the 30 total direct premiums written in this state by all insurers 31 for that line of business in the four most recent quarters of 32 published data on the division’s internet site, the insurer 33 intends to reduce the insurer’s total annual premium in the 34 state in a line of insurance by seventy-five percent or more. 35 -9- HF 986 (3) 91 nls/ko/md 9/ 35
H.F. 986 c. For any line of business with annual premiums greater 1 than twenty thousand dollars, the insurer intends to reduce the 2 insurer’s total annual premium volume in the state in a line of 3 private passenger automobile insurance, homeowners insurance, 4 or dwelling property insurance by fifty percent or more. 5 4. Withdrawal plan. 6 a. A withdrawal plan filed under this section shall provide 7 for all of the following: 8 (1) The insurer fulfilling all contractual obligations. 9 (2) The insurer providing service to all policyholders and 10 claimants. 11 (3) The insurer meeting all statutory obligations, 12 including but not limited to payment of assessments to the 13 guaranty fund and participation in an assigned risk plan. 14 b. A withdrawal plan filed pursuant to this section shall, 15 at a minimum, include all of the following: 16 (1) The date on which the insurer proposes to commence 17 execution of the withdrawal plan, and the date on which 18 execution of the withdrawal plan will be completed. 19 (2) The reason for withdrawal for each line of insurance. 20 (3) Each policy form by number, and all of the following 21 information: 22 (a) The total number of policyholders. 23 (b) The total amount of premiums impacted for each line of 24 insurance. 25 (4) The total number of insurance producers impacted for 26 each line of insurance. 27 (5) A copy of the notification the insurer will provide to 28 each impacted insurance producer. 29 (6) A copy of the notification or nonrenewal the insurer 30 will provide to each impacted policyholder. 31 (7) Details regarding the insurer’s fulfillment of 32 contractual obligations to the insurer’s policyholders during 33 the withdrawal. 34 (8) Whether replacement coverage will be provided to a 35 -10- HF 986 (3) 91 nls/ko/md 10/ 35
H.F. 986 policyholder and, if so, the insurer shall provide all of the 1 following: 2 (a) The insurer’s relationship with the replacing insurer. 3 (b) The underwriting requirements and rates that will be 4 used to underwrite the policyholder. 5 (9) An estimate of the percentage of the Iowa market 6 affected by withdrawal. 7 (10) Any third-party contracts that provide for continuity 8 of coverage for policyholders. 9 (11) A list of the lines of insurance that the insurer will 10 continue to offer in the state. 11 5. Commissioner approval. 12 a. Except as provided in paragraph “b” , the commissioner 13 shall approve a withdrawal plan that has been determined to 14 meet all of the following requirements: 15 (1) The withdrawal plan provides a minimum of one hundred 16 eighty calendar days’ notice to the commissioner. 17 (2) The withdrawal plan includes notice to policyholders as 18 required by chapter 515. 19 (3) The withdrawal plan complies with subsection 4. 20 b. If the commissioner finds that a withdrawal plan does 21 not comply with paragraph “a” , the commissioner may modify, 22 restrict, limit, or deny the withdrawal plan. 23 c. An insurer may request a hearing within thirty calendar 24 days of the commissioner’s decision to modify, restrict, limit, 25 or deny the insurer’s withdrawal plan. A hearing under this 26 paragraph shall be held within sixty calendar days of the 27 insurer’s request unless a later date is agreed to by the 28 insurer and the commissioner, or permitted by the commissioner 29 for good cause. 30 6. Resumption of writing insurance after withdrawal. An 31 insurer that withdraws from writing all lines of insurance 32 in the state shall not, without prior approval of the 33 commissioner, resume writing insurance in the state for a 34 minimum of five years from the date of completion of the 35 -11- HF 986 (3) 91 nls/ko/md 11/ 35
H.F. 986 insurer’s withdrawal. 1 7. Remedies. A violation of this section shall constitute 2 an unfair method of competition and unfair or deceptive act or 3 practice under section 507B.4. 4 8. Rules. The commissioner may adopt rules pursuant 5 to chapter 17A as necessary to administer and enforce this 6 section. 7 Sec. 16. Section 507B.4, subsection 3, Code 2025, is amended 8 by adding the following new paragraph: 9 NEW PARAGRAPH . v. Improper withdrawal of an 10 insurer. Failure of an insurer to comply with section 11 505.36. As used in this paragraph, “insurer” means the same as 12 defined in section 505.36, subsection 1. 13 DIVISION VI 14 SERVICE COMPANIES, SERVICE CONTRACTS, AND LICENSES 15 Sec. 17. Section 507B.4, subsection 3, Code 2025, is amended 16 by adding the following new paragraph: 17 NEW PARAGRAPH . v. Service contracts. Failure of a person 18 in the business of service contracts to comply with chapter 19 523C. 20 Sec. 18. Section 523C.1, Code 2025, is amended by adding the 21 following new subsections: 22 NEW SUBSECTION . 1A. “Communicating in a verifiable manner” 23 means communication by in-person delivery, email, or, if there 24 is an auditable record of the communication, by telephone. 25 NEW SUBSECTION . 6A. “Person” means an individual or a 26 business entity. 27 NEW SUBSECTION . 12A. “Service contract holder” means the 28 original purchaser of a service contract or the successor in 29 interest or transferee entitled to services under the service 30 contract. 31 NEW SUBSECTION . 12B. “Substitute part” means a part that is 32 not issued by the original part manufacturer, including but not 33 limited to a remanufactured part, an aftermarket part, and a 34 part obtained from a salvage yard. 35 -12- HF 986 (3) 91 nls/ko/md 12/ 35
H.F. 986 NEW SUBSECTION . 12C. “Support services” means a person that 1 provides services that support, or a person that works under 2 the direction of, a licensed service company in connection with 3 the issuance, offer for sale, sale, or administration of a 4 service contract in this state, including but not limited to a 5 person that provides marketing, administrative, or technical 6 support to a service company. 7 Sec. 19. Section 523C.1, subsection 4, Code 2025, is amended 8 to read as follows: 9 4. “Motor vehicle” means any vehicle that is self-propelled 10 vehicle and subject to registration under chapter 321 . 11 Sec. 20. Section 523C.2, Code 2025, is amended by striking 12 the section and inserting in lieu thereof the following: 13 523C.2 License required. 14 1. A person that shall be contractually obligated to the 15 service contract holder under the terms of the service contract 16 shall not directly or indirectly issue, offer for sale, or 17 sell a motor vehicle service contract or residential service 18 contract in this state unless the person is a licensed service 19 company. 20 2. This chapter shall not apply to any person that provides 21 support services. A service company that utilizes support 22 services shall ensure the support services’ compliance with the 23 issuance, offer for sale, or sale of a service contract under 24 this chapter. 25 3. A service company shall maintain a license for the 26 duration of time that the service company is contractually 27 obligated to a service contract holder under the terms of a 28 service contract. 29 4. A service company shall report to the commissioner 30 within thirty calendar days any material change to the 31 information submitted by the service company in the service 32 company’s initial license application, or license renewal 33 application, including a change in the service company’s 34 contact information, ownership, officers or directors directly 35 -13- HF 986 (3) 91 nls/ko/md 13/ 35
H.F. 986 responsible for the provider’s service contract business, 1 or any other change that substantially affects the service 2 company’s operations in the state. 3 5. A service company shall report to the commissioner any 4 administrative action taken against the service company in 5 another jurisdiction within thirty calendar days of the final 6 disposition. The report shall include a copy of the order, 7 consent to the order, and other relevant legal documents. 8 6. Within thirty calendar days of the initial pretrial 9 hearing date, a service company shall report to the 10 commissioner a criminal prosecution in any jurisdiction of an 11 owner with more than a ten percent ownership stake, an officer, 12 or a director directly responsible for the service contract 13 business of the service company, for an offense involving 14 dishonesty or a false statement including but not limited 15 to fraud, theft, misappropriation of funds, falsification 16 of documents, deceptive acts or practices, or other related 17 offenses. The report shall include a copy of the initial 18 complaint filed, the order resulting from the hearing, and any 19 other relevant legal documents. 20 Sec. 21. Section 523C.3, Code 2025, is amended by striking 21 the section and inserting in lieu thereof the following: 22 523C.3 Application for license. 23 1. Application for a license as a service company 24 shall be filed with the commissioner on a form approved 25 by the commissioner and shall include all of the following 26 information: 27 a. The name and principal address of the applicant. 28 b. The state of incorporation of the applicant. 29 c. The name and address of the applicant’s registered agent 30 for service of process in Iowa. 31 d. The legal name of all of the following: 32 (1) Each owner of the service company that has a greater 33 than ten percent ownership stake in the service company. 34 (2) Each officer of the service company. 35 -14- HF 986 (3) 91 nls/ko/md 14/ 35
H.F. 986 (3) Each director directly responsible for the business of 1 the service company. 2 e. A certificate of good standing for the applicant issued 3 by the secretary of state and dated not more than thirty 4 calendar days from the date of the application. 5 f. Evidence of compliance with section 523C.5. 6 g. A copy of each motor vehicle service contract form to be 7 used, issued, or offered for sale in this state by the service 8 company. 9 h. A copy of each residential service contract form to be 10 used, issued, or offered for sale in this state by the service 11 company. 12 i. A national association of insurance commissioners’ 13 biographical affidavit and the verification of the biographical 14 affidavit for the chief executive officer and chief financial 15 officer of the service company, or for the individuals in 16 the equivalent positions. The service company shall use a 17 third-party vendor from a list of vendors approved by the 18 commissioner to verify the biographical affidavits. The 19 service company shall pay all costs associated with the 20 required verifications. 21 j. A list of any disciplinary actions taken against the 22 service company, or any of the service company’s owners, 23 officers, or directors directly responsible for the provider’s 24 service contract business, in the immediately preceding ten 25 years by a regulatory agency or state attorney general in any 26 jurisdiction. 27 2. The application shall be accompanied by all of the 28 following: 29 a. A license fee in the amount of five hundred dollars. 30 b. A fee in the amount of thirty-five dollars for each motor 31 vehicle service contract form provided pursuant to subsection 32 1, paragraph “g” . 33 3. If the application for a service company license contains 34 the information under subsection 1, is accompanied by the fees 35 -15- HF 986 (3) 91 nls/ko/md 15/ 35
H.F. 986 under subsection 2, and the commissioner has not denied the 1 application pursuant to section 523C.9, the commissioner shall 2 issue the license to the applicant. 3 4. Fees collected under this section shall be deposited 4 into the service company oversight fund as provided in section 5 523C.24. 6 Sec. 22. Section 523C.4, Code 2025, is amended by striking 7 the section and inserting in lieu thereof the following: 8 523C.4 License expiration and renewal. 9 1. A license issued under this chapter shall be valid for a 10 period of one year. A license that is not renewed prior to the 11 expiration date shall be deemed expired. Prior to a license 12 expiration date, and if a renewal application was submitted at 13 least fourteen calendar days prior to the license expiration 14 date, the commissioner may extend the renewal period for an 15 additional thirty calendar days. 16 2. An application for license renewal shall include the 17 information required for an initial license as described in 18 section 523C.3, subsection 1, paragraphs “a” through “f” , 19 and a list of each service contract form the service company 20 continues to use, offer for sale, or issue in the state, 21 including the service contract form name, number, and the date 22 the form was last revised. 23 3. The license renewal application shall be accompanied by 24 all of the following: 25 a. A license renewal fee in the amount of two hundred 26 dollars. 27 b. A fee in the amount of three percent of the aggregate 28 amount of payments the service company received for the sale 29 or issuance of residential service contracts in this state 30 during the period beginning on the date the service company’s 31 license was issued until the date of the service company’s 32 renewal filing, provided that such fee shall be no less than 33 one hundred dollars and no greater than fifty thousand dollars. 34 c. A fee in the amount of thirty-five dollars for each motor 35 -16- HF 986 (3) 91 nls/ko/md 16/ 35
H.F. 986 vehicle service contract form filed with the commissioner that 1 the service company continues to use, offer for sale, or issue 2 in the state. 3 d. The number of motor vehicle service contracts and the 4 number of residential service contracts issued during the 5 immediately preceding calendar year by the service company in 6 this state. 7 e. The number of motor vehicle service contracts and the 8 number of residential service contracts canceled during the 9 immediately preceding calendar year by the service company in 10 this state. 11 f. The total dollar amount of refunds issued to service 12 contract holders by the service company during the immediately 13 preceding calendar year for canceled motor vehicle service 14 contracts in this state, and the total dollar amount of refunds 15 issued to service contract holders by the service company 16 during the immediately preceding calendar year for canceled 17 residential service contracts in this state. 18 g. The total dollar amount of motor vehicle service contract 19 fees, and the total dollar amount of residential service 20 contract fees, collected during the immediately preceding 21 calendar year by the service company for contracts sold in this 22 state. 23 h. The number of claims filed with the service company 24 for motor vehicle service contracts in this state during 25 the immediately preceding calendar year, and the number of 26 claims filed with the service company for residential service 27 contracts in this state during the immediately preceding 28 calendar year. 29 i. The total dollar amount of claims paid by the service 30 company for motor vehicle service contracts sold by the service 31 company in this state during the immediately preceding calendar 32 year, and the total dollar amount of claims paid by the service 33 company for residential service contracts sold by the service 34 company in this state during the immediately preceding calendar 35 -17- HF 986 (3) 91 nls/ko/md 17/ 35
H.F. 986 year. 1 j. The total number of claims during the immediately 2 preceding calendar year for motor vehicle service contracts 3 in this state that did not result in repair, replacement, 4 payment, or other thing of value to the service contract 5 holder by the service company, and the total number of claims 6 during the immediately preceding calendar year for residential 7 service contracts in this state that did not result in repair, 8 replacement, payment, or other thing of value to the service 9 contract holder by the service company. 10 k. The total number of written complaints regarding motor 11 vehicle service contracts received by the service company 12 during the immediately preceding calendar year, and the 13 total number of written complaints regarding residential 14 service contracts received by the service company during the 15 immediately preceding calendar year, including complaints 16 received directly from a consumer, indirectly on behalf of a 17 consumer from a third party other than a regulatory agency, and 18 from a regulatory agency. 19 l. The number of lawsuits filed by a third party or a 20 regulatory agency, against the service company during the 21 immediately preceding calendar year regarding service contracts 22 issued, offered for sale, or sold by the service company. 23 4. If the license renewal application complies with this 24 section, and the commissioner has not refused to renew the 25 license pursuant to section 523C.9, the commissioner shall 26 renew the license. If the commissioner refuses renewal of a 27 license pursuant to section 523C.9, the refusal shall be in 28 writing setting forth the grounds for the refusal. 29 5. If a service company submits a license renewal 30 application after the license has expired, the service company 31 shall pay a reinstatement fee of eight hundred dollars, and 32 applicable fees pursuant to subsection 3. 33 6. a. A service company whose license has expired, and is 34 not within an additional thirty-day extension period granted 35 -18- HF 986 (3) 91 nls/ko/md 18/ 35
H.F. 986 by the commissioner pursuant to section 523C.4, subsection 1, 1 shall not offer, extend, or renew a service contract until the 2 service company’s license has been renewed, or the service 3 company has been issued a new license. 4 b. If, at the time a service contract is issued or sold in 5 this state, the service company has an expired license that is 6 not within an additional thirty-day extension period granted 7 by the commissioner pursuant to section 523C.4, subsection 1, 8 the service contract may be canceled at the discretion of the 9 service contract holder. If a service contract holder chooses 10 to cancel a service contract, the full purchase price of the 11 service contract, less any claims paid, shall be refunded to 12 the service contract holder within thirty calendar days. A ten 13 percent penalty shall be added each month to the refund if the 14 refund is not paid to the service contract holder within the 15 thirty calendar days. 16 Sec. 23. Section 523C.7, Code 2025, is amended by striking 17 the section and inserting in lieu thereof the following: 18 523C.7 Disclosure to service contract holders —— contract 19 form —— required provisions. 20 1. A service contract shall not be issued, sold, or offered 21 for sale in this state unless the service company does all of 22 the following: 23 a. Provides a receipt for the purchase of the service 24 contract to the service contract holder. 25 b. Provides a complete sample copy of the service contract 26 to the consumer prior to purchase. A service company may 27 comply with this paragraph by providing the consumer with a 28 complete electronic sample copy of the service contract, or 29 directing the consumer to a complete sample copy of the service 30 contract at an internet site. A paper copy of the sample 31 service contract shall be provided upon the request of the 32 consumer at the expense of the service company. 33 c. Provides a fully executed paper or electronic copy of 34 the service contract to the service contract holder within ten 35 -19- HF 986 (3) 91 nls/ko/md 19/ 35
H.F. 986 calendar days of the date the service contract holder purchased 1 the service contract. A paper copy of the executed service 2 contract shall be provided to the service contract holder upon 3 request of the service contract holder at the expense of the 4 service company. 5 2. A service contract issued, sold, or offered for sale 6 in the state shall comply with all of the following, as 7 applicable: 8 a. A service contract shall be written in clear, 9 understandable language in at least ten point type. 10 b. (1) A service contract insured by a reimbursement 11 insurance policy as provided in section 523C.5, subsection 1, 12 shall include a statement in substantially the following form: 13 Obligations of the service company under this service contract 14 are guaranteed under a reimbursement insurance policy. If the 15 service company fails to pay or provide service on a claim 16 within sixty days after proof of loss has been filed with 17 the service company, the service contract holder is entitled 18 to make a claim directly against the reimbursement insurance 19 policy. 20 (2) A service contract insured by a reimbursement insurance 21 policy shall conspicuously state the name and address of the 22 issuer of the reimbursement insurance policy for that service 23 contract. A claim against a reimbursement insurance policy 24 shall also include a claim for return of any refund due in 25 accordance with paragraphs “m” and “n” . 26 c. A service contract not insured under a reimbursement 27 insurance policy shall contain a statement in substantially the 28 following form: 29 Obligations of the service company under this service contract 30 are backed by the full faith and credit of the service company 31 and are not guaranteed under a reimbursement insurance policy. 32 d. A service contract shall state the name and address of 33 the service company obligated to perform services under the 34 contract, and shall conspicuously identify the service company, 35 -20- HF 986 (3) 91 nls/ko/md 20/ 35
H.F. 986 any third-party administrator, and the service contract holder 1 to the extent that the name and address of the service contract 2 holder has been furnished. The identities of such parties 3 shall not be required to be printed on the contract in advance 4 and may be added to the contract at the time of sale. 5 e. A service contract shall clearly state the total purchase 6 price of the service contract and the terms under which the 7 service contract is sold. The total purchase price shall not 8 be required to be printed on the contract in advance and may be 9 added to the contract at the time of sale. 10 f. If prior approval of repair work is required, a service 11 contract shall conspicuously describe the procedure for 12 obtaining prior approval and for making a claim, including a 13 toll-free telephone number for claim service, and the procedure 14 for obtaining emergency repairs performed outside of normal 15 business hours. 16 g. A service contract shall clearly state any waiting period 17 applicable to coverage under the service contract, and the date 18 on which coverage begins. 19 h. A service contract shall clearly state the existence of 20 any deductible amount. 21 i. A service contract shall specify the merchandise 22 or services, or both, to be provided and any limitations, 23 exceptions, or exclusions. 24 j. A service contract shall clearly state the conditions on 25 which the use of substitute parts or services will be allowed. 26 Such conditions shall comply with applicable state and federal 27 laws. 28 k. A service contract shall clearly state any terms, 29 restrictions, or conditions governing the transferability of 30 the service contract. 31 l. A service contract shall clearly state the instructions 32 for cancellation of the service contract by the service 33 contract holder. Cancellation instructions shall include all 34 necessary information for a service contract holder to complete 35 -21- HF 986 (3) 91 nls/ko/md 21/ 35
H.F. 986 a cancellation. Cancellation instructions shall include the 1 phone number, email address, or mailing address necessary for 2 the cancellation of the service contract, as well as any other 3 information that the service contract holder must use to cancel 4 the contract. A service company shall accept cancellation of a 5 service contract from a service contract holder by telephone, 6 email, or mail, or any other cost-effective and accessible 7 method of communication. The method of cancellation utilized 8 by a service company for the cancellation of a service contract 9 shall be as accessible as the method utilized by the service 10 company for the service contract holder to enter into the 11 service contract. 12 m. A service contract shall clearly state the terms and 13 conditions governing the cancellation of the contract prior 14 to the termination or expiration date of the contract by the 15 service company or the service contract holder. If the service 16 company cancels the contract, the service company shall mail a 17 written notice of termination to the service contract holder at 18 least fifteen calendar days before the date of the termination. 19 Prior notice of cancellation by the service company shall not 20 be required if the reason for cancellation is nonpayment of the 21 purchase price, a material misrepresentation by the service 22 contract holder to the service company or the support services 23 for the service company, or a substantial breach of duty by the 24 service contract holder relating to the covered product or use 25 of the covered product. The notice of cancellation shall state 26 the effective date of the cancellation and the reason for the 27 cancellation. If a service contract is canceled by the service 28 company for any reason other than nonpayment of the purchase 29 price, the service company shall refund the service contract 30 holder in an amount equal to one hundred percent of the 31 unearned purchase price paid, calculated on a pro rata basis 32 based upon elapsed time or mileage, less any claims paid. The 33 service company may also charge a reasonable administrative fee 34 in an amount no greater than ten percent of the total purchase 35 -22- HF 986 (3) 91 nls/ko/md 22/ 35
H.F. 986 price. A ten percent penalty shall be added each month to the 1 refund if the refund is not paid to the service contract holder 2 within thirty calendar days. 3 n. (1) A service contract shall permit the original 4 service contract holder who purchased the contract to cancel 5 the service contract within at least thirty calendar days of 6 the effective date of the service contract, provided no claims 7 have been paid under the service contract, or within a longer 8 period of time as permitted under the service contract. If 9 a claim has not been paid under the service contract prior 10 to cancellation by the service contract holder, the service 11 contract is void and the full purchase price of the service 12 contract shall be refunded to the service contract holder. A 13 ten percent penalty shall be added each month to a refund if 14 the refund is not paid to the service contract holder within 15 thirty calendar days, unless the service contract holder fails 16 to provide the information required by the service contract to 17 complete the cancellation. 18 (2) If the service contract holder cancels the service 19 contract in violation of subparagraph (1), the service company 20 shall refund the service contract holder an amount equal to one 21 hundred percent of the unearned purchase price paid, calculated 22 on a pro rata basis based upon elapsed time or mileage, 23 less any claims paid. The service company may also charge a 24 reasonable administrative fee in an amount no greater than ten 25 percent of the total purchase price. A ten percent penalty 26 shall be added each month to a refund if the refund is not paid 27 to the service contract holder within thirty calendar days of 28 the service contract cancellation request, unless the service 29 contract holder fails to provide the information required in 30 the service contract to complete the cancellation. 31 o. A service contract shall set forth all obligations 32 and duties of the service contract holder, including but not 33 limited to the duty to protect against any further damage, and 34 the obligation to follow an owner’s manual and to perform, or 35 -23- HF 986 (3) 91 nls/ko/md 23/ 35
H.F. 986 have performed, all required service or maintenance. 1 p. A service contract shall clearly state if the contract 2 covers or excludes consequential damages and preexisting 3 conditions, if applicable. A service contract may, but is not 4 required to, cover damage resulting from rust, corrosion, or 5 damage caused by a part or system not covered under the service 6 contract. 7 q. A service contract shall clearly state the service call 8 fee, if any, charged to the service contract holder. 9 r. A service contract shall state the name and address of 10 the commissioner, the current toll-free telephone number of the 11 division, and a statement that a consumer may file a complaint 12 with the division, including by filing a complaint on the 13 division’s internet site. 14 s. If a residential service contract relates to heating, 15 cooling, plumbing, or electrical service, and the claim being 16 made by the service contract holder is essential to the health 17 and safety of the service contract holder or, if applicable, 18 the service contract holder’s family, the service company shall 19 ensure all of the following: 20 (1) Repair or replacement of the essential good commences 21 within forty-eight hours after the report of the claim, and is 22 completed as soon as reasonably practicable. 23 (2) If the service company determines that the service 24 company cannot complete a repair, replacement, or service 25 within three calendar days after the report of the claim, 26 the service contract holder may seek an outside provider to 27 complete the repair, replacement, or service. The service 28 company shall cover reasonable costs associated with a repair, 29 replacement, or service completed by an outside service 30 provider up to the maximum dollar amount covered by the service 31 contract. 32 (3) Notice is provided to the service contract holder if a 33 repair cannot practicably be completed within three calendar 34 days after the report of the claim. The service company shall 35 -24- HF 986 (3) 91 nls/ko/md 24/ 35
H.F. 986 provide a status report to the service contract holder by 1 communicating in a verifiable manner as soon as practicable, 2 but no later than three calendar days after the date of the 3 report of the claim. The status report must include all of the 4 following: 5 (a) A list of all required repairs, replacements, or 6 services and the estimated cost to the service contract holder. 7 (b) The primary reason the required repair, replacement, or 8 service will take longer than three calendar days, including 9 the status of all parts required for the repair, replacement, 10 or service. 11 (c) The current estimated length of time to complete the 12 repair, replacement, or service. 13 (d) The telephone number of the service company in the 14 event the service contract holder or the commissioner wants 15 to make an inquiry concerning the claim, and a commitment by 16 the service company to respond to an inquiry no later than one 17 business day after the date the inquiry is received. 18 (e) A statement that if the service contract holder is not 19 satisfied with the manner in which the service company handles 20 the claim under the terms of service contract, the service 21 contract holder may file a complaint with the division pursuant 22 to paragraph “r” . 23 (f) A notice to the service contract holder that the 24 service contract holder may seek an outside service provider 25 to complete the repair, replacement, or service, and that the 26 service company will cover reasonable costs associated with a 27 repair, replacement, or service completed by an outside service 28 provider up to the maximum dollar amount covered by the service 29 contract. 30 Sec. 24. NEW SECTION . 523C.8 Service contract forms —— 31 fees. 32 1. A service company shall file with the division an 33 accurate copy of each service contract form prior to using the 34 service contract form for the sale of a service contract in 35 -25- HF 986 (3) 91 nls/ko/md 25/ 35
H.F. 986 this state. 1 2. At the time of filing each motor vehicle service contract 2 form with the division a service company shall pay a fee in the 3 amount of thirty-five dollars for each motor vehicle service 4 contract form. 5 3. Notwithstanding section 523C.7, a service company may 6 continue to use a service contract form that is noncompliant 7 with this chapter until June 30, 2026, provided no changes are 8 made to the service contract form and the service contract form 9 was filed with the division in 2024. 10 Sec. 25. Section 523C.9, Code 2025, is amended by striking 11 the section and inserting in lieu thereof the following: 12 523C.9 License denial, nonrenewal, suspension, or revocation. 13 1. The commissioner may suspend or revoke the license of, 14 deny an application for a license from, or refuse to renew the 15 license of, a service company, or may levy a civil penalty as 16 provided in section 523C.13 against a service company, for any 17 of the following reasons: 18 a. The service company violated this chapter, a lawful 19 order, regulation, or subpoena. 20 b. The service company failed to pay a final judgment 21 rendered against the service company in this state within sixty 22 calendar days after the date the judgment became final. 23 c. The service company, without just cause, refused 24 to perform, or negligently or incompetently performed, a 25 service required to be performed under the service company’s 26 service contracts and the refusal, or negligent or incompetent 27 performance, has occurred with such frequency as to indicate 28 the general business practices of the service company are 29 negligent or incompetent, as determined by the commissioner. 30 d. The service company violated section 523C.13. 31 e. The service company failed to demonstrate financial 32 responsibility pursuant to section 523C.5, if applicable. 33 f. The service company failed to maintain a corporate 34 certificate of good standing with the secretary of state. 35 -26- HF 986 (3) 91 nls/ko/md 26/ 35
H.F. 986 g. The service company provided incorrect, misleading, 1 incomplete, or materially untrue information in the service 2 company’s license application. 3 h. The service company obtained or attempted to obtain a 4 license through misrepresentation or fraud. 5 i. The service company improperly withheld, misappropriated, 6 or converted any money or property received in the course of 7 business as a service company. 8 j. The service company intentionally misrepresented the 9 terms of an actual or proposed service contract. 10 k. Within the immediately preceding ten years, an owner, 11 officer, or director of the service company has been convicted 12 of a criminal offense involving any aspect of a business 13 involving securities, commodities, investments, franchises, 14 insurance, banking, or finance. 15 l. An owner, officer, or director of the service company 16 has been convicted of a criminal offense involving dishonesty 17 or a false statement, including but not limited to fraud, 18 theft, misappropriation of funds, falsification of documents, 19 deceptive acts or practices, or other related offenses. 20 m. The service company admitted to committing, or was found 21 to have committed, any unfair trade practice or fraud. 22 n. The service company used fraudulent, coercive, 23 or dishonest practices, or demonstrated incompetence, 24 untrustworthiness, or financial irresponsibility, in conducting 25 business in this state or any other state. 26 o. The service company had a service company license or its 27 equivalent, denied, suspended, or revoked in any other state, 28 province, district, or territory. 29 p. The service company failed, or refused, to cooperate in 30 an investigation conducted by the commissioner of insurance. 31 2. If the commissioner suspends or revokes the license of, 32 denies the application for licensure of, or refuses to renew 33 the license of, a service company pursuant to this section, the 34 commissioner shall notify the service company, in writing, and 35 -27- HF 986 (3) 91 nls/ko/md 27/ 35
H.F. 986 provide the reason for the suspension, revocation, denial, or 1 nonrenewal. The licensee or applicant may request a hearing 2 on the suspension, revocation, nonrenewal, or denial, and a 3 hearing shall be conducted according to section 507B.6. 4 Sec. 26. Section 523C.12, Code 2025, is amended to read as 5 follows: 6 523C.12 Optional examination Examinations . 7 The commissioner , or a the commissioner’s designee , of 8 the commissioner may make an examination of the books and 9 records of a service company, including records involving 10 communications with service contract holders, copies of 11 contracts and records of claims and expenditures, and 12 verify its records related to the service company’s assets, 13 liabilities, and reserves. The actual costs of the examination 14 shall be borne by the service company. The costs of an 15 examination under this section shall not exceed an amount equal 16 to ten percent of the service company’s reported net income 17 associated with doing business in the state in the previous 18 immediately preceding fiscal year. 19 Sec. 27. Section 523C.13, Code 2025, is amended by striking 20 the section and inserting in lieu thereof the following: 21 523C.13 Prohibited acts or practices —— penalty —— violations 22 —— contracts voided. 23 1. A service company, or the service company’s support 24 services, that offers service contracts for sale in this state, 25 shall not, directly or indirectly, represent in any manner, 26 whether by written solicitation or telemarketing, a false, 27 deceptive, or misleading statement with respect to any of the 28 following: 29 a. The service company’s affiliation with a motor vehicle 30 manufacturer or importer. 31 b. The validity or expiration of a warranty. 32 c. A motor vehicle service contract holder’s coverage 33 under a motor vehicle service contract, including statements 34 suggesting that the service contract holder must purchase a 35 -28- HF 986 (3) 91 nls/ko/md 28/ 35
H.F. 986 new service contract in order to maintain coverage under the 1 existing service contract or warranty. 2 d. Descriptions of the service contract as a “policy”. 3 2. A licensed service company which offers service 4 contracts for sale in this state shall not, directly or 5 indirectly, do any of the following: 6 a. Fail to complete, or fail to ensure the completion of, a 7 repair, maintenance, replacement, service, or indemnification 8 of expenses associated with a covered claim within a reasonable 9 period of time. 10 b. Create or use any advertising that does not include the 11 name of the licensed service company. 12 c. Use any method of marketing that may induce the purchase 13 of a service contract through force, fear, or threats, whether 14 explicit or implied. 15 d. Create or use any service contract marketing materials 16 that contain incorrect or misleading information. 17 e. Use, offer for sale, or issue in this state a service 18 contract form that has not been submitted as part of a license 19 application pursuant to section 523C.3, as part of a license 20 application renewal pursuant to section 523C.4, or submitted 21 to the division during the service company’s current license 22 period. 23 3. The commissioner may adopt rules pursuant to 24 chapter 17A that regulate service contracts to prohibit 25 misrepresentation, false advertising, defamation, boycotts, 26 coercion, intimidation, false statements and entries, and 27 unfair discrimination or practices. If the commissioner finds 28 that a person has violated rules adopted under this section, 29 the commissioner may order any or all of the following: 30 a. Payment of a civil penalty of not more than one thousand 31 dollars for each act or violation, not to exceed an aggregate 32 of ten thousand dollars, unless the person knew or reasonably 33 should have known the person was in violation of this section, 34 in which case the civil penalty shall be not more than five 35 -29- HF 986 (3) 91 nls/ko/md 29/ 35
H.F. 986 thousand dollars for each act or violation, not to exceed an 1 aggregate of fifty thousand dollars in any one consecutive 2 six-month period. If the commissioner finds a violation of 3 this section was directed, encouraged, condoned, ignored, 4 or ratified by the employer of the person the commissioner 5 may assess the penalty to the employer and not the person. 6 Any civil penalties collected under this subsection shall be 7 deposited as provided in section 505.7. 8 b. Suspension or revocation of the person’s license, if the 9 person knew or reasonably should have known the person was in 10 violation of this section. 11 4. A violation of this chapter shall constitute an unlawful 12 practice pursuant to section 714.16. 13 5. A person shall not engage, directly or indirectly, in any 14 unfair method of competition, or an unfair or deceptive act or 15 practice, in the business of service contracts. Any violation 16 of this chapter constitutes an unfair method of competition, 17 or an unfair or deceptive act or practice. If, after hearing, 18 the commissioner determines that a person has engaged in an 19 unfair method of competition or an unfair or deceptive act or 20 practice, the provisions of sections 507B.6 through 507B.8 21 shall apply. 22 Sec. 28. Section 523C.22, Code 2025, is amended to read as 23 follows: 24 523C.22 Claim procedures. 25 A licensed service company shall promptly provide a written 26 explanation to the service contract holder, describing the 27 reasons for denying a claim or for the offer of a compromise 28 settlement, based on all relevant facts or legal requirements 29 and referring to applicable provisions of the service contract. 30 The written explanation shall provide instructions to the 31 service contract holder on the process for an appeal, second 32 review, arbitration, or similar provisions included in the 33 contract, as well as information on how to file a complaint 34 with the division, including the internet site on which to 35 -30- HF 986 (3) 91 nls/ko/md 30/ 35
H.F. 986 locate the division’s complaint form. 1 Sec. 29. Section 523C.23, subsection 1, paragraph c, Code 2 2025, is amended by striking the paragraph. 3 Sec. 30. Section 523C.23, subsection 2, Code 2025, is 4 amended to read as follows: 5 2. Except as provided in section 523C.19 , a A proceeding 6 instituted under this chapter shall be conducted pursuant to 7 chapter 17A and rules adopted by the commissioner pursuant to 8 chapter 17A . 9 Sec. 31. NEW SECTION . 523C.25 Confidentiality. 10 1. Notwithstanding chapter 22, the commissioner shall 11 maintain the confidentiality of information submitted to the 12 division or obtained by the division in the course of an 13 investigation, examination, or inquiry pursuant to this chapter 14 or the commissioner’s licensing authority, including all notes, 15 work papers, or other documents. Information obtained by 16 the commissioner in the course of investigating a complaint 17 or inquiry may, at the discretion of the commissioner, be 18 provided to the service company that is the subject of the 19 complaint or inquiry and the consumer who filed the complaint 20 or inquiry, without waiving the confidentiality afforded to 21 the commissioner or to any other person by this section. The 22 commissioner may disclose or release information that is 23 otherwise confidential under this subsection in the course of 24 an administrative or judicial proceeding. 25 2. Notwithstanding subsection 1, if the commissioner 26 determines that it is necessary in the public interest, the 27 commissioner may share information with other regulatory 28 authorities or government agencies, or may publish service 29 company-related data or information collected under this 30 chapter. Such information may be redacted so that neither 31 personally identifiable information nor service company 32 identifiable information is made available. 33 Sec. 32. Section 714.16, subsection 2, Code 2025, is amended 34 by adding the following new paragraph: 35 -31- HF 986 (3) 91 nls/ko/md 31/ 35
H.F. 986 NEW PARAGRAPH . r. It is an unlawful practice for a person 1 to violate chapter 523C. 2 Sec. 33. REPEAL. Section 523C.19, Code 2025, is repealed. 3 DIVISION VII 4 IOWA INDIVIDUAL HEALTH BENEFIT REINSURANCE ASSOCIATION —— 5 MEMBERSHIP 6 Sec. 34. Section 513C.10, subsection 1, paragraph a, Code 7 2025, is amended to read as follows: 8 a. All persons that provide health benefit plans in this 9 state including insurers providing accident and sickness 10 insurance under chapter 509 , 514 , or 514A , whether on an 11 individual or group basis; fraternal benefit societies 12 providing hospital, medical, or nursing benefits under chapter 13 512B ; and health maintenance organizations, other entities 14 providing health insurance or health benefits subject to state 15 insurance regulation, and all other insurers as designated 16 by the board of directors of the Iowa comprehensive health 17 insurance association with the approval of the commissioner 18 shall be members of the association. Notwithstanding any other 19 provision of this chapter to the contrary, the state of Iowa, 20 the state board of regents, and any institution governed by the 21 state board of regents pursuant to section 262.7, shall not be 22 members of the association. 23 DIVISION VIII 24 IOWA CEMETERY ACT —— EXAMINATIONS, CARE FUNDS, AND ANNUAL 25 REPORTS 26 Sec. 35. Section 523I.213A, subsection 1, Code 2025, is 27 amended to read as follows: 28 1. The commissioner or the commissioner’s designee may 29 conduct an examination under this chapter of any cemetery as 30 often as the commissioner deems appropriate. If a cemetery 31 has a trust arrangement, the The commissioner shall conduct an 32 examination of every cemetery with a trust arrangement not less 33 than once every five years , unless the cemetery is owned or 34 operated by a governmental subdivision . 35 -32- HF 986 (3) 91 nls/ko/md 32/ 35
H.F. 986 Sec. 36. Section 523I.810, Code 2025, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 10. Notwithstanding subsection 9, a 3 cemetery owned or operated by a governmental subdivision shall 4 not be required to establish a reasonable repayment schedule, 5 provided that the distribution of the care funds are used in 6 compliance with section 523I.811. 7 Sec. 37. Section 523I.813, subsection 1, Code 2025, is 8 amended to read as follows: 9 1. A perpetual care cemetery shall file an annual report at 10 the end of each reporting period of the cemetery. A cemetery 11 owned or operated by a governmental subdivision shall not be 12 required to file an annual report. 13 DIVISION IX 14 MOTOR VEHICLE FINANCIAL LIABILITY COVERAGE 15 Sec. 38. Section 321.20, subsection 1, Code 2025, is amended 16 by adding the following new paragraph: 17 NEW PARAGRAPH . g. If the vehicle is a motor vehicle, the 18 owner shall certify on the application that financial liability 19 coverage is in effect for the motor vehicle pursuant to section 20 321.20B and provide a copy of the proof of financial liability 21 coverage card issued for the motor vehicle, a description of 22 the financial liability coverage as noted on the proof of 23 financial liability coverage card, or other documentation 24 acceptable to the department. This paragraph does not apply 25 to a motor vehicle excluded from the requirements of section 26 321.20B. 27 Sec. 39. Section 321.20B, subsection 4, paragraph c, Code 28 2025, is amended by striking the paragraph. 29 Sec. 40. Section 321.20B, subsection 5, paragraph b, Code 30 2025, is amended by striking the paragraph and inserting in 31 lieu thereof the following: 32 b. Issue a citation to the driver. 33 Sec. 41. Section 321.20B, Code 2025, is amended by adding 34 the following new subsections: 35 -33- HF 986 (3) 91 nls/ko/md 33/ 35
H.F. 986 NEW SUBSECTION . 5A. An owner or driver cited for or charged 1 with a violation of subsection 1 who produces to the clerk of 2 court prior to the date of the person’s court appearance proof 3 that financial liability coverage was in effect for the motor 4 vehicle at the time the person was stopped, or if the driver 5 is not the owner of the motor vehicle, proof that financial 6 liability coverage was in effect for the driver with respect 7 to the motor vehicle being driven at the time the driver was 8 stopped in the same manner as if the motor vehicle were owned 9 by the driver, shall be given a receipt indicating that proof 10 was provided, and the citation or charge shall be dismissed by 11 the court. Upon dismissal, the court or clerk of court shall 12 assess the costs of the action against the defendant. 13 NEW SUBSECTION . 5B. A person convicted of a violation of 14 subsection 1 is guilty of a simple misdemeanor punishable as 15 a scheduled violation under section 805.8A, subsection 14, 16 paragraph “f” . 17 Sec. 42. Section 321.30, Code 2025, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 4. The department or the county treasurer 20 shall refuse registration of a motor vehicle if the owner 21 does not provide satisfactory proof that financial liability 22 coverage is in effect for the motor vehicle pursuant to section 23 321.20B. This subsection does not apply to a motor vehicle 24 excluded from the requirements of section 321.20B. 25 Sec. 43. Section 321.40, Code 2025, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 11. A form for certification of financial 28 liability coverage pursuant to section 321.20B shall accompany 29 each renewal statement sent to the owner of a motor vehicle 30 under this section. The county treasurer shall refuse to renew 31 the registration of a motor vehicle if the applicant does not 32 submit satisfactory proof of financial liability coverage in 33 effect for the motor vehicle pursuant to section 321.20B. This 34 subsection does not apply to a motor vehicle excluded from the 35 -34- HF 986 (3) 91 nls/ko/md 34/ 35
H.F. 986 requirements of section 321.20B. 1 Sec. 44. Section 805.8A, subsection 14, paragraph f, Code 2 2025, is amended to read as follows: 3 f. Proof of financial responsibility. If, in connection with 4 a motor vehicle accident, a person is charged and found guilty 5 of a violation of section 321.20B, subsection 1 , the scheduled 6 fine is six hundred forty-five dollars; otherwise, the 7 scheduled fine for a violation of section 321.20B, subsection 8 1 , is three hundred twenty-five dollars. 9 (1) The scheduled fine for a violation of section 321.20B, 10 subsection 1, is as follows: 11 (a) If the violation occurred in connection 12 with a motor vehicle accident . . . . . . . . . . . . $645. 13 (b) If the violation did not occur in connection 14 with a motor vehicle accident . . . . . . . . . . . . $325. 15 (c) For a second violation within five years, the scheduled 16 fine under subparagraph division (a) or (b), as applicable, 17 shall be doubled. 18 (d) For a third or subsequent violation within five years, 19 the scheduled fine under subparagraph division (a) or (b), as 20 applicable, shall be tripled. 21 (2) Notwithstanding section 805.12 , fines collected 22 pursuant to this paragraph shall be submitted to the state 23 court administrator and distributed fifty percent to the victim 24 compensation fund established in section 915.94 , twenty-five 25 percent to the county in which such fine is imposed, and 26 twenty-five percent to the general fund of the state. 27 Sec. 45. EFFECTIVE DATE. The following take effect December 28 1, 2028: 29 1. The section of this division of this Act enacting section 30 321.20, subsection 1, paragraph “g”. 31 2. The section of this division of this Act enacting section 32 321.30, subsection 4. 33 3. The section of this division of this Act enacting section 34 321.40, subsection 11. 35 -35- HF 986 (3) 91 nls/ko/md 35/ 35