State of Illinois
92nd General Assembly

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 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.".

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