Iowa 2025 2025-2026 Regular Session

Iowa Senate Bill SF573 Enrolled / Bill

Filed 04/29/2025

                    Senate File 573 - Enrolled   Senate File 573   AN ACT   RELATING TO MOTOR VEHICLE GLASS REPAIR, REPLACEMENT, AND   INSURANCE, MAKING PENALTIES APPLICABLE, AND INCLUDING   APPLICABILITY PROVISIONS.   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:    Section 1. NEW SECTION   . 321B.1 Definitions.    As used in this chapter:    1. Advanced driver assistance system means any motor    vehicle driving automation system that performs part or all    of the dynamic driving task, as described by the society of    automotive engineers international taxonomy and definitions for    terms related to driving automation systems for on-road motor    vehicles, under SAE J3016, as revised on April 30, 2021, and

Senate File 573, p. 2   that is designed to support the driver and motor vehicle in a    manner intended to do all of the following:    a. Enhance motor vehicle safety.    b. Reduce losses associated with motor vehicle crashes.    2. Insurance producer means as defined in section 522B.1,    and includes an agent of such producer.    3. Insured person means a person that is entitled, or may    be entitled, to receive first-party benefits or payments under    an insurance policy, and includes an agent of such person.    4. Insurer means as defined in section 522B.1, and    includes an agent of an insurer.    5. Motor vehicle glass means the glass and nonglass    parts associated with the replacement of the glass used in the    windshield, doors, or windows of a motor vehicle.    6. Motor vehicle glass repair shop or shop means any    person who repairs or replaces damaged motor vehicle glass for    consideration.    7. Notice means direct written communication including    communication conducted through electronic mail, text message,    or other electronic means which is directed to and easily    accessible by the consumer.    8. Repairing or replacing damaged motor vehicle glass    includes all of the following:    a. Inspecting, repairing, restoring, or replacing damaged    motor vehicle glass.    b. Calibrating or recalibrating an advanced driver    assistance system if the replacement of damaged motor vehicle    glass is required.    9. Rights or benefits under the policy includes the insured    persons right to receive any and all post-loss benefits or    payments available or payable under an insurance policy,    including but not limited to claim payments.    Sec. 2. NEW SECTION   . 321B.2 Prohibited post-loss benefit    assignment.    1. Prior to or after a claimed or covered loss for repair or    replacement of damaged motor vehicle glass, an insured person    shall not assign, delegate, or otherwise transfer, in whole or    in part, to any other person any of the following:

Senate File 573, p. 3   a. Duties under the policy.    b. Rights or benefits under the policy.    2. A contract that violates this section is void and    unenforceable.    3. Nothing in this section shall be construed to prohibit    an insured person from authorizing or directing payment to, or    paying, a person for services, materials, or any other expense    that may be or is covered under an insurance policy.    Sec. 3. NEW SECTION   . 321B.3 Advanced driver assistance    systems.    1. Prior to repairing or replacing damaged motor vehicle    glass for an insured person, a motor vehicle glass repair shop    shall notify the insured person whether the motor vehicle has    an advanced driver assistance system. If the motor vehicle    has an advanced driver assistance system, the shop shall also    notify the insured person of all of the following:    a. Whether calibration or recalibration of the motor    vehicles advanced driver assistance system is needed after    a windshield repair or replacement, in accordance with the    vehicle manufacturers recommendations.    b. Whether the shop intends to calibrate or recalibrate the    advanced driver assistance system in a manner that meets the    motor vehicle manufacturers specifications.    c. If the shop is not capable of performing, or does not    intend to perform, a calibration or recalibration, the shop    shall advise the insured person to take the motor vehicle    to the vehicle manufacturers certified dealership or a    qualified specialist capable of performing the calibration or    recalibration.    2. If calibration or recalibration of the motor vehicles    advanced driver assistance system is performed, the shop shall    provide notice to the insured person of whether the calibration    or recalibration was successful. If the calibration or    recalibration was not successful, the shop shall advise    the insured person to take the motor vehicle to the vehicle    manufacturers certified dealership or a qualified specialist    capable of performing the calibration or recalibration.    Sec. 4. NEW SECTION   . 321B.4 Motor vehicle glass repair    claims and practices.

Senate File 573, p. 4   1. A motor vehicle glass repair shop shall not contract with    a person to repair or replace damaged motor vehicle glass to be    paid for under a first-party insurance policy until verifying    all of the following:    a. The insured person has made a first-party claim for    repairing or replacing damaged motor vehicle glass under a    motor vehicle insurance policy.    b. The shop has received a claim or referral number for the    claim referenced under paragraph a .    c. The requirements of section 321B.3, subsection 1, were    followed.    2. A shop shall do all of the following:    a. Provide the insured person a good faith estimate of the    fees and costs that are anticipated to be charged for repairing    or replacing damaged motor vehicle glass.    b. Prior to performing any repair or replacement service,    provide the insured person an updated estimate.    3. After repairing or replacing damaged motor vehicle    glass, a shop shall provide the insured person all of the    following, as applicable:    a. An itemized invoice and, upon payment, a receipt.    b. Notice that states whether the advanced driver assistance    system was successfully calibrated or recalibrated.    c. If the calibration or recalibration was not successful,    notice advising the insured person to not rely on the advanced    driver assistance system until the system has been successfully    calibrated or recalibrated by the vehicle manufacturers    certified dealership or a qualified specialist capable of    performing the calibration or recalibration.    Sec. 5. NEW SECTION   . 321B.5 Prohibited acts.    1. A motor vehicle glass repair shop, and any other person    who is compensated for the solicitation of insurance claims,    shall not offer a rebate, gift, gift card, cash, coupon, fee,    prize, bonus, payment, incentive, inducement, or any other    thing of value to any insured person, insurance producer, or    other person in exchange for directing or making a claim under    a motor vehicle insurance policy for repair or replacement of    motor vehicle glass.    2. A shop shall not do any of the following:

Senate File 573, p. 5   a. Charge unreasonable fees or costs to an insured person    for repairing or replacing damaged motor vehicle glass. A fee    that exceeds an amount customarily charged for such service is    unreasonable.    b. Submit false, misleading, or incomplete documentation or    information to an insured person or an insurer for repairing or    replacing damaged motor vehicle glass.    c. Falsely sign a work order or other insurance-related form    relating to an insured persons claim, or potential claim, for    a repair or replacement of damaged motor vehicle glass.    d. Misrepresent the estimated fees and costs for repairing    or replacing damaged motor vehicle glass to an insured person    or insurer.    e. State that an insurer has approved repairing or replacing    damaged motor vehicle glass unless the shop does all of the    following:    (1) Verifies coverage directly with, or obtains approval    directly from, the insurance producer.    (2) Obtains confirmation of the coverage or approval by any    form of written or recorded communication.    f. State that repairing or replacing damaged motor vehicle    glass will be paid for entirely by an insurer and at no cost to    the insured person unless such coverage has been verified by    the insurer.    3. With respect to an insured persons claim, or potential    claim, for repairing or replacing damaged motor vehicle glass,    a shop shall not do any of the following, which results, or    would result, in a higher insurance payment or a change of    insurance coverage status:    a. Indicate that work was performed in a geographical area    that was not the geographical area where the work occurred.    b. Advise an insured person to falsify the date of damage.    4. With respect to an insured persons claim or potential    claim for repairing or replacing damaged motor vehicle glass, a    shop shall not do any of the following:    a. Damage, or encourage an insured person to damage, the    motor vehicle in order to increase the scope of work necessary    to repair or replace damaged motor vehicle glass.    b. Perform work that is clearly and substantially beyond the

Senate File 573, p. 6   level of work necessary to restore the motor vehicle to a safe    condition in accordance with accepted or approved reasonable    and customary techniques for repairing or replacing damaged    motor vehicle glass.    c. Misrepresent the shops relationship to an insured person    or an insurer.    d. Perform any other act that constitutes fraud or    misrepresentation.    5. Any notice or invoice required under this chapter shall    be issued using the same font and size of font as the invoice,    estimate, or receipt.    Sec. 6. NEW SECTION   . 321B.6 Right to choose motor vehicle    glass repair shop.    1. An insured person that makes a first-party claim for    repairing or replacing damaged motor vehicle glass under a    motor vehicle insurance policy shall not be required to use a    particular motor vehicle glass repair shop to be paid claim    payments or receive other benefits under the policy.    2. Subsection 1 shall not be construed to do any of the    following:    a. Prohibit an insurer, insurance producer, insurance    adjuster, or any person acting on behalf of an insurer,    insurance producer, or insurance adjuster from recommending a    shop or providing an explanation to an insured person of the    coverage available, and any applicable liability limit, under    the persons insurance policy.    b. Prohibit an insurer from maintaining a network of motor    vehicle glass repair shops.    c. Create a private cause of action.    Sec. 7. NEW SECTION   . 321B.7 Presumption.    It may be presumed that a motor vehicle glass repair shop    is acting knowingly in violation of section 321B.5 if the shop    engages in a regular and consistent pattern of a prohibited    activity.    Sec. 8. NEW SECTION   . 321B.8 Penalty.    A person who violates a provision of this chapter commits an    unfair trade practice under chapter 507B.    Sec. 9. Section 507B.3, Code 2025, is amended by adding the    following new subsection:

Senate File 573, p. 7   NEW SUBSECTION   . 01. A person who violates a provision in    chapter 321B shall be deemed to have committed an unfair trade    practice under this chapter.    Sec. 10. APPLICABILITY. This Act applies to insurance    policies issued or renewed on or after the effective date of    this Act.    ______________________________   AMY SINCLAIR   President of the Senate   ______________________________   PAT GRASSLEY   Speaker of the House   I hereby certify that this bill originated in the Senate and   is known as Senate File 573, Ninety-first General Assembly.   ______________________________   W. CHARLES SMITHSON   Secretary of the Senate   Approved _______________, 2025 ______________________________   KIM REYNOLDS   Governor