Bill Text: IA SSB1206 | 2019-2020 | 88th General Assembly | Introduced
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.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-03-05 - Subcommittee recommends passage. [SSB1206 Detail]
Download: Iowa-2019-SSB1206-Introduced.html
Senate
Study
Bill
1206
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
CHAPMAN)
A
BILL
FOR
An
Act
relating
to
insurance
notices
and
documents
delivered
1
by
electronic
means
to
a
consumer
that
purchases
portable
2
electronics
insurance
in
a
retail
transaction.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
505B.1,
subsection
1,
paragraph
a,
1
unnumbered
paragraph
1,
Code
2019,
is
amended
to
read
as
2
follows:
3
“Delivered
or
deliver
or
delivery
by
electronic
means”
means
4
any
of
the
following:
5
Sec.
2.
Section
505B.1,
Code
2019,
is
amended
by
adding
the
6
following
new
subsection:
7
NEW
SUBSECTION
.
4A.
a.
For
purposes
of
this
subsection,
8
“consumer”
and
“portable
electronics
insurance”
mean
the
same
as
9
defined
in
section
522E.1.
10
b.
Notwithstanding
subsection
4,
affirmative
consent
from
11
a
party
to
have
notices
and
documents
delivered
by
electronic
12
means
for
portable
electronics
insurance
sold
pursuant
to
13
chapter
522E
is
obtained
if
a
consumer
provides
an
electronic
14
mail
address
and
the
consumer
is
provided
at
the
point
of
15
sale,
or
prior
to
the
point
of
sale,
a
conspicuously
located
16
disclosure
advising
the
consumer
that
the
consumer
is
giving
17
affirmative
consent.
The
disclosure
must
also
advise
the
18
consumer
of
the
consumer’s
right
to
receive
a
paper
copy
of
19
notices
and
documents
and
of
the
process
by
which
the
consumer
20
can
opt
out
of
delivery
by
electronic
means.
21
Sec.
3.
Section
522E.1,
subsection
2,
Code
2019,
is
amended
22
to
read
as
follows:
23
2.
“Consumer”
means
a
person
who
purchases
portable
24
electronics
or
portable
electronics
insurance
in
a
retail
25
transaction.
26
Sec.
4.
Section
522E.1,
Code
2019,
is
amended
by
adding
the
27
following
new
subsection:
28
NEW
SUBSECTION
.
2A.
“Delivered
or
deliver
by
electronic
29
means”
means
the
same
as
defined
in
section
505B.1.
30
Sec.
5.
Section
522E.9,
Code
2019,
is
amended
by
adding
the
31
following
new
subsection:
32
NEW
SUBSECTION
.
7.
In
order
for
all
portable
electronic
33
insurance
notices
and
documents
to
be
delivered
by
electronic
34
means
to
the
consumer,
affirmative
consent
shall
be
obtained
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pursuant
to
section
505B.1,
subsection
4A.
1
Sec.
6.
Section
522E.13,
subsections
5
and
6,
Code
2019,
are
2
amended
to
read
as
follows:
3
5.
If
a
portable
electronics
insurance
policy
is
terminated
4
by
the
licensed
portable
electronics
vendor
that
is
the
5
policyholder,
the
portable
electronics
vendor
shall
deliver
6
by
mail
or
deliver
by
electronic
means
a
written
notice
7
to
each
enrolled
consumer
advising
the
enrolled
consumer
8
of
the
termination
of
the
policy
and
the
effective
date
of
9
termination.
The
written
notice
shall
be
mailed
or
delivered
10
by
the
portable
electronics
vendor
to
the
enrolled
consumer
11
at
least
thirty
calendar
days
prior
to
the
termination.
12
However,
if
the
notice
is
not
sent
within
thirty
calendar
13
days,
enrollment
shall
continue
until
thirty
calendar
days
14
from
the
date
the
portable
electronics
vendor
sends
notice
of
15
termination
to
the
enrolled
consumer
or
until
a
new
portable
16
electronics
insurance
policy
is
in
effect.
17
6.
Whenever
notice
or
correspondence
with
respect
to
a
18
policy
of
portable
electronics
insurance
is
required
pursuant
19
to
this
section
,
it
shall
be
in
writing
and
sent
within
the
20
notice
period
required
pursuant
to
this
section
.
Notices
21
and
correspondence
shall
be
sent
to
the
licensed
portable
22
electronics
vendor
that
is
the
policyholder
at
the
portable
23
electronics
vendor’s
mailing
or
electronic
mail
address
24
specified
for
that
purpose
and
to
its
affected
enrolled
25
consumers’
last
known
mailing
or
electronic
mail
addresses
on
26
file
with
the
insurer
or
the
portable
electronics
vendor.
All
27
notices
and
documents
that
are
delivered
by
electronic
means
28
shall
comply
with
section
505B.1,
except
for
the
provisions
in
29
subsection
4.
The
insurer
or
portable
electronics
vendor
shall
30
maintain
proof
that
the
notice
or
correspondence
was
sent
for
31
not
less
than
three
years
after
that
notice
or
correspondence
32
was
sent.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
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_____
the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
relates
to
insurance
notices
and
documents
2
delivered
by
electronic
means
to
a
consumer
that
purchases
3
portable
electronics
insurance
in
a
retail
transaction.
4
Current
law
requires
that
notices
or
correspondence
related
5
to
a
policy
of
portable
electronics
insurance
be
in
writing
and
6
that
the
notices
or
correspondence
be
delivered
or
mailed.
7
The
bill
provides
that
notices
and
correspondence
related
8
to
a
policy
of
portable
electronics
insurance
may
be
delivered
9
by
electronic
means
if
at
the
time
of
purchase
the
consumer
10
provides
an
electronic
mail
address,
and
the
consumer
is
11
advised
in
a
conspicuous
disclosure,
prior
to
or
at
the
point
12
of
sale,
that
by
providing
the
electronic
mail
address,
the
13
consumer
is
giving
affirmative
consent
for
insurance
notices
14
and
correspondence
to
be
delivered
by
electronic
means.
15
In
addition,
the
consumer
must
be
provided
a
conspicuous
16
disclosure
advising
the
consumer
of
the
consumer’s
right
to
17
have
the
notice
or
document
in
paper
form,
and
of
the
right
to
18
cancel
the
consumer’s
consent.
The
bill
exempts
a
licensed
19
portable
electronics
vendor
that
is
the
policyholder
and
the
20
vendor’s
endorsee
from
the
other
provisions
of
Code
section
21
505B.1(4).
22
The
bill
requires
that
an
insurer,
a
vendor,
and
a
vendor’s
23
endorsee
comply
with
Code
chapter
505B
(insurance
notices
and
24
documents
——
electronic
delivery
and
posting),
except
for
25
subsection
4,
for
all
notices
and
correspondence
related
to
a
26
policy
of
portable
electronics
insurance
that
are
delivered
by
27
electronic
means.
28
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