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92_HB2419sam001
LRB9207370JSpcam06
1 AMENDMENT TO HOUSE BILL 2419
2 AMENDMENT NO. . Amend House Bill 2419 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Illinois Insurance Code is amended by
5 adding Section 155.37 as follows:
6 (215 ILCS 5/155.37 new)
7 Sec. 155.37. Use of credit reports in connection with
8 certain polices.
9 (a) This Section applies to policies of insurance
10 defined in subsections (a), (b), and (c) of Section 143.13,
11 except that this Section does not apply to those personal
12 lines policies defined in subsection (c) of Section 143.13
13 that could be classified under clause (g) or (i) of Class 2
14 of Section 4 or to policies of insurance subject to Article
15 IX 1/2.
16 (b) An insurance company authorized to do business in
17 this State may not refuse to issue or renew a policy of
18 insurance solely on the basis of a credit report. An offer by
19 an insurance company to write a policy through an insurer
20 that is an affiliate, as defined in Section 131.1 of this
21 Code, other than an affiliate that specializes in substandard
22 risks, with continuous coverage does not constitute a refusal
-2- LRB9207370JSpcam06
1 to issue a policy or a nonrenewal within the meaning of this
2 Section. "Credit report" means a collection of data regarding
3 a consumer's credit history, credit capacity, or credit
4 worthiness that has been assembled or evaluated by a consumer
5 reporting agency as defined in 15 USC 1681a(f).
6 (c) If a credit report is used in conjunction with other
7 criteria to underwrite an application or renewal of a policy
8 of insurance, it may not include or be based upon the race,
9 income, gender, religion, or national origin of the applicant
10 or insured.
11 (d) If a credit report is used in conjunction with other
12 criteria to refuse to issue or renew a policy of insurance,
13 upon request by the applicant or policyholder, the insurer
14 must provide the applicant or policyholder with the primary
15 and specific credit information and underwriting reasons
16 included in the decision including the name, address, and
17 telephone number of the consumer reporting agency, as defined
18 in 15 USC 1681a(f), that provided the information.
19 Section 99. Effective date. This Act takes effect
20 January 1, 2002.".