SF 573 — A bill for an act relating to motor vehicle glass repair, replacement, and insurance, making penalties applicable, and including applicability provisions.

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•F j 'XI I I , N lIlll l!I1't;ltl !ll:^1ll l :1il1 1 1l'!I iuilil1 l{ifl i lülü!u Senate File 573 AN ACT RELATING TO MOTOR VEHICLE GLASS REPAIR, REPLACEMENT, AND INSURANCE, MAKING PENALTIES APPLICABLE, AND INCLUDING APPLICABILITY PROVISIONS.

'Advanced“Advanced driver assistance systemsystem” - 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, pp. .

"Insurance“Insurance producer'"producer” means as defined in section 522B.1, and includes an agent of such producer.

"Insured“Insured personperson” - 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.

"Insurer“Insurer” -meansmeans as defined in section 522B.1, and includes an agent of an insurer.

5.Motor5. 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.

“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.

'Motor“Motor vehicle glass repair shopshop” - or -shop-“shop” means any person who repairs or replaces damaged motor vehicle glass for consideration.

Notice“Notice” -meansmeans 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.

Repairing“Repairing or replacing damaged motor vehicle glassglass” includes all of the following:

Rights“Rights or benefits under the policypolicy” - includes the insured person'sperson’s 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.

Whether calibration or recalibration of the motor vehicle'svehicle’s advanced driver assistance system is needed after a windshield repair or replacement, in accordance with the vehicle manufacturer'smanufacturer’s recommendations.

Whether the shop intends to calibrate or recalibrate the advanced driver assistance system in a manner that meets the motor vehicle manufacturer'smanufacturer’s specifications.

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 manufacturer'smanufacturer’s certified dealership or a qualified specialist capable of performing the calibration or recalibration.

If calibration or recalibration of the motor vehicle'svehicle’s 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 manufacturer'smanufacturer’s certified dealership or a qualified specialist capable of performing the calibration or recalibration.

The shop has received a claim or referral number for the claim referenced under paragraph a“a”. -.

The requirements of section 321B.3, subsection 11, , were followed.

C.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 manufacturer'smanufacturer’s certified dealership or a qualified specialist capable of performing the calibration or recalibration.

Falsely sign a work order or other insurance-related form relating to an insured person'sperson’s claim, or potential claim, for a repair or replacement of damaged motor vehicle glass.

With respect to an insured person'sperson’s 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: