2002 Legislation
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SENATE BILL NO. 1408 – Insurance rates, credit rating

SENATE BILL NO. 1408

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Daily Data Tracking History



S1408.......................................by COMMERCE AND HUMAN RESOURCES
INSURANCE RATES - Adds to existing law to provide that no insurer regulated
pursuant to Title 41, Idaho Code, shall charge a higher premium or cancel a
policy or coverage based primarily upon an individual's credit rating or
credit history; to define "based primarily"; and to limit application to
certain property or casualty insurance.
                                                                        
02/08    Senate intro - 1st rdg - to printing
02/11    Rpt prt - to Com/HuRes
02/22    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
02/27    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia,
      Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder,
      Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Goedde
    Title apvd - to House
02/28    House intro - 1st rdg - to Bus
03/08    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 58-8-4
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Black, Block, Boe,
      Bolz, Bradford, Bruneel, Campbell, Clark, Collins, Crow, Cuddy, Deal,
      Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
      Gould, Hadley, Henbest, Higgins, Hornbeck, Jones, Kellogg, Kunz,
      Lake, Langford, Loertscher, Martinez, McKague, Meyer, Montgomery,
      Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger,
      Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33),
      Smylie, Stevenson, Stone, Wood, Mr. Speaker
      NAYS -- Callister, Hammond, Jaquet, Kendell, Mader, Tilman, Trail,
      Young
      Absent and excused -- Bieter, Harwood, Smith(23), Wheeler
    Floor Sponsor - Bedke
    Title apvd - to Senate
03/12    To enrol
03/13    Rpt enrol - Pres signed
    Sp signed
03/14    To Governor
03/25    Governor signed
         Session Law Chapter 264
         Effective: 01/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1408
                                                                        
                         BY COMMERCE AND HUMAN RESOURCES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO INSURANCE CONTRACTS; AMENDING CHAPTER 18, TITLE 41, IDAHO CODE, BY
  3        THE ADDITION OF A NEW SECTION 41-1843, IDAHO  CODE,  TO  PROVIDE  THAT  NO
  4        INSURER  REGULATED PURSUANT TO TITLE 41, IDAHO CODE, SHALL CHARGE A HIGHER
  5        PREMIUM THAN WOULD OTHERWISE BE CHARGED, OR CANCEL, NONRENEW OR DECLINE TO
  6        ISSUE A PROPERTY OR CASUALTY POLICY OR COVERAGE BASED  PRIMARILY  UPON  AN
  7        INDIVIDUAL'S  CREDIT RATING OR CREDIT HISTORY, TO DEFINE "BASED PRIMARILY"
  8        AND TO LIMIT APPLICATION TO ONLY PROPERTY OR CASUALTY INSURANCE TO BE USED
  9        PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD  PURPOSES;  AND  PROVIDING  AN
 10        EFFECTIVE DATE.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION  1.  That  Chapter  18,  Title 41, Idaho Code, be, and the same is
 13    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 14    ignated as Section 41-1843, Idaho Code, and to read as follows:
                                                                        
 15        41-1843.  INSURANCE RATES AND CREDIT RATING. (1) No insurer regulated pur-
 16    suant  to  this  title  shall  charge a higher premium than would otherwise be
 17    charged, or cancel, nonrenew or decline to issue a property or casualty policy
 18    or coverage based primarily upon an individual's credit rating or credit  his-
 19    tory.
 20        (2)  As  used  in  this  section,  "based primarily" means that the weight
 21    given by the insurer to  an  individual's  credit  rating  or  credit  history
 22    exceeds  the  weight  given by the insurer to all other criteria considered in
 23    making the decision to charge a higher  premium  or  to  cancel,  nonrenew  or
 24    decline to issue an insurance policy.
 25        (3)  This  section  shall apply only to property or casualty insurance, as
 26    defined in chapter 5, title 41, Idaho Code, to be used primarily for personal,
 27    family or household purposes.
                                                                        
 28        SECTION 2.  This act shall be in full force and effect on and after  Janu-
 29    ary 1, 2003.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 12011

The bill addresses a current problem with the underwriting of
personal insurance lines. Many insurance carriers use credit
ratings or some derivative of credit history to screen potential
applicants for insurance and determine the pricing of their
insurance. This system unfairly discriminates against those
individuals with no credit history or those with defensible past
credit problems. 
                          FISCAL IMPACT

In a time of increasing premium tax collections, a small premium
tax decrease may result from any savings realized by prohibition
of credit scoring practices.

Contact
Name: John Goedde 
Phone: 208-332-1335
Sheila Sorensen



STATEMENT OF PURPOSE/FISCAL NOTE                 S 1408