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