Bill Text: IA SF559 | 2019-2020 | 88th General Assembly | Enrolled
Bill Title: A bill for an act relating to insurance notices and documents delivered by electronic means to a consumer that purchases portable electronics insurance in a retail transaction. (Formerly SSB 1206.) Effective 7-1-19.
Spectrum: Committee Bill
Status: (Passed) 2019-04-08 - Signed by Governor. S.J. 891. [SF559 Detail]
Download: Iowa-2019-SF559-Enrolled.html
Senate
File
559
-
Enrolled
Senate
File
559
AN
ACT
RELATING
TO
INSURANCE
NOTICES
AND
DOCUMENTS
DELIVERED
BY
ELECTRONIC
MEANS
TO
A
CONSUMER
THAT
PURCHASES
PORTABLE
ELECTRONICS
INSURANCE
IN
A
RETAIL
TRANSACTION.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
505B.1,
subsection
1,
paragraph
a,
unnumbered
paragraph
1,
Code
2019,
is
amended
to
read
as
follows:
“Delivered
or
deliver
or
delivery
by
electronic
means”
means
any
of
the
following:
Sec.
2.
Section
505B.1,
Code
2019,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
4A.
a.
For
purposes
of
this
subsection,
“consumer”
and
“portable
electronics
insurance”
mean
the
same
as
defined
in
section
522E.1.
b.
Notwithstanding
subsection
4,
affirmative
consent
from
a
party
to
have
notices
and
documents
delivered
by
electronic
means
for
portable
electronics
insurance
sold
pursuant
to
chapter
522E
is
obtained
if
a
consumer
provides
an
electronic
mail
address
and
the
consumer
is
provided
at
the
point
of
sale,
or
prior
to
the
point
of
sale,
a
conspicuously
located
disclosure
advising
the
consumer
that
the
consumer
is
giving
affirmative
consent.
The
disclosure
must
also
advise
the
consumer
of
the
consumer’s
right
to
receive
a
paper
copy
of
notices
and
documents
and
of
the
process
by
which
the
consumer
can
opt
out
of
delivery
by
electronic
means.
Senate
File
559,
p.
2
Sec.
3.
Section
522E.1,
subsection
2,
Code
2019,
is
amended
to
read
as
follows:
2.
“Consumer”
means
a
person
who
purchases
portable
electronics
or
portable
electronics
insurance
in
a
retail
transaction.
Sec.
4.
Section
522E.1,
Code
2019,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
2A.
“Delivered
or
deliver
by
electronic
means”
means
the
same
as
defined
in
section
505B.1.
Sec.
5.
Section
522E.9,
Code
2019,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
7.
In
order
for
all
portable
electronic
insurance
notices
and
documents
to
be
delivered
by
electronic
means
to
the
consumer,
affirmative
consent
shall
be
obtained
pursuant
to
section
505B.1,
subsection
4A.
Sec.
6.
Section
522E.13,
subsections
5
and
6,
Code
2019,
are
amended
to
read
as
follows:
5.
If
a
portable
electronics
insurance
policy
is
terminated
by
the
licensed
portable
electronics
vendor
that
is
the
policyholder,
the
portable
electronics
vendor
shall
deliver
by
mail
or
deliver
by
electronic
means
a
written
notice
to
each
enrolled
consumer
advising
the
enrolled
consumer
of
the
termination
of
the
policy
and
the
effective
date
of
termination.
The
written
notice
shall
be
mailed
or
delivered
by
the
portable
electronics
vendor
to
the
enrolled
consumer
at
least
thirty
calendar
days
prior
to
the
termination.
However,
if
the
notice
is
not
sent
within
thirty
calendar
days,
enrollment
shall
continue
until
thirty
calendar
days
from
the
date
the
portable
electronics
vendor
sends
notice
of
termination
to
the
enrolled
consumer
or
until
a
new
portable
electronics
insurance
policy
is
in
effect.
6.
Whenever
notice
or
correspondence
with
respect
to
a
policy
of
portable
electronics
insurance
is
required
pursuant
to
this
section
,
it
shall
be
in
writing
and
sent
within
the
notice
period
required
pursuant
to
this
section
.
Notices
and
correspondence
shall
be
sent
to
the
licensed
portable
electronics
vendor
that
is
the
policyholder
at
the
portable
electronics
vendor’s
mailing
or
electronic
mail
address
specified
for
that
purpose
and
to
its
affected
enrolled
Senate
File
559,
p.
3
consumers’
last
known
mailing
or
electronic
mail
addresses
on
file
with
the
insurer
or
the
portable
electronics
vendor.
All
notices
and
documents
that
are
delivered
by
electronic
means
shall
comply
with
section
505B.1,
except
for
the
provisions
in
subsection
4.
The
insurer
or
portable
electronics
vendor
shall
maintain
proof
that
the
notice
or
correspondence
was
sent
for
not
less
than
three
years
after
that
notice
or
correspondence
was
sent.
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
______________________________
LINDA
UPMEYER
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
559,
Eighty-eighth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2019
______________________________
KIM
REYNOLDS
Governor
