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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN 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 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