Illinois 2025-2026 Regular Session

Illinois House Bill HB2766 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2766 Introduced , by Rep. Jeff Keicher SYNOPSIS AS INTRODUCED: 215 ILCS 5/151 from Ch. 73, par. 763 Amends the Illinois Insurance Code. Provides that nothing in provisions prohibiting the payment or acceptance of rebates shall prevent the offer or provision by insurers or producers, by or through employees, affiliates, or third-party representatives, of value-added products or services at no or reduced cost when such products or services are not specified in the policy of insurance, so long as the product or service relates to the insurance coverage and is primarily designed to satisfy specified criteria. Sets forth provisions concerning the requirements for insurers or producers offering non-cash gifts, items, or services or conducting raffles or drawings. Provides that an insurer, producer, or representative of an insurer or producer may not offer or provide insurance as an inducement to the purchase of another policy or otherwise use the words "free", "no cost", or words of similar import in an advertisement. LRB104 08210 BAB 18260 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2766 Introduced , by Rep. Jeff Keicher SYNOPSIS AS INTRODUCED: 215 ILCS 5/151 from Ch. 73, par. 763 215 ILCS 5/151 from Ch. 73, par. 763 Amends the Illinois Insurance Code. Provides that nothing in provisions prohibiting the payment or acceptance of rebates shall prevent the offer or provision by insurers or producers, by or through employees, affiliates, or third-party representatives, of value-added products or services at no or reduced cost when such products or services are not specified in the policy of insurance, so long as the product or service relates to the insurance coverage and is primarily designed to satisfy specified criteria. Sets forth provisions concerning the requirements for insurers or producers offering non-cash gifts, items, or services or conducting raffles or drawings. Provides that an insurer, producer, or representative of an insurer or producer may not offer or provide insurance as an inducement to the purchase of another policy or otherwise use the words "free", "no cost", or words of similar import in an advertisement. LRB104 08210 BAB 18260 b LRB104 08210 BAB 18260 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2766 Introduced , by Rep. Jeff Keicher SYNOPSIS AS INTRODUCED:
33 215 ILCS 5/151 from Ch. 73, par. 763 215 ILCS 5/151 from Ch. 73, par. 763
44 215 ILCS 5/151 from Ch. 73, par. 763
55 Amends the Illinois Insurance Code. Provides that nothing in provisions prohibiting the payment or acceptance of rebates shall prevent the offer or provision by insurers or producers, by or through employees, affiliates, or third-party representatives, of value-added products or services at no or reduced cost when such products or services are not specified in the policy of insurance, so long as the product or service relates to the insurance coverage and is primarily designed to satisfy specified criteria. Sets forth provisions concerning the requirements for insurers or producers offering non-cash gifts, items, or services or conducting raffles or drawings. Provides that an insurer, producer, or representative of an insurer or producer may not offer or provide insurance as an inducement to the purchase of another policy or otherwise use the words "free", "no cost", or words of similar import in an advertisement.
66 LRB104 08210 BAB 18260 b LRB104 08210 BAB 18260 b
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1111 1 AN ACT concerning regulation.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Illinois Insurance Code is amended by
1515 5 changing Section 151 as follows:
1616 6 (215 ILCS 5/151) (from Ch. 73, par. 763)
1717 7 Sec. 151. Payment or acceptance of rebates prohibited.
1818 8 (a) (1) No company doing business in this State and no
1919 9 insurance agent or broker shall offer, promise, allow, give,
2020 10 set off or pay, directly or indirectly, any rebate of or part
2121 11 of the premium payable on the policy, or on any policy or
2222 12 agent's commission thereon or earnings, profits, dividends or
2323 13 other benefits founded, arising, accruing or to accrue thereon
2424 14 or therefrom, or any special advantage in date of policy or age
2525 15 of issue, or any paid employment or contract for services of
2626 16 any kind or any other valuable consideration or inducement to
2727 17 or for insurance on any risk in this State, now or hereafter to
2828 18 be written, or for or upon any renewal of any such insurance,
2929 19 which is not specified in the policy contract of insurance, or
3030 20 offer, promise, give, option, sell, purchase any stocks,
3131 21 bonds, securities or property or any dividends or profits
3232 22 accruing or to accrue thereon, or other thing of value
3333 23 whatsoever as inducement to insurance or in connection
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2766 Introduced , by Rep. Jeff Keicher SYNOPSIS AS INTRODUCED:
3838 215 ILCS 5/151 from Ch. 73, par. 763 215 ILCS 5/151 from Ch. 73, par. 763
3939 215 ILCS 5/151 from Ch. 73, par. 763
4040 Amends the Illinois Insurance Code. Provides that nothing in provisions prohibiting the payment or acceptance of rebates shall prevent the offer or provision by insurers or producers, by or through employees, affiliates, or third-party representatives, of value-added products or services at no or reduced cost when such products or services are not specified in the policy of insurance, so long as the product or service relates to the insurance coverage and is primarily designed to satisfy specified criteria. Sets forth provisions concerning the requirements for insurers or producers offering non-cash gifts, items, or services or conducting raffles or drawings. Provides that an insurer, producer, or representative of an insurer or producer may not offer or provide insurance as an inducement to the purchase of another policy or otherwise use the words "free", "no cost", or words of similar import in an advertisement.
4141 LRB104 08210 BAB 18260 b LRB104 08210 BAB 18260 b
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6868 1 therewith, or any renewal thereof which is not specified in
6969 2 the policy. Nothing in this Section shall prevent a company
7070 3 from paying a bonus to policyholders or otherwise abating
7171 4 their premiums in whole or in part out of surplus accumulated
7272 5 from nonparticipating insurance nor prevent a company which
7373 6 transacts industrial life insurance on a weekly payment plan
7474 7 from returning to policyholders who have made premium payments
7575 8 for a period of at least one year directly to the company at
7676 9 its home or district offices the percentage of premium which
7777 10 the company would otherwise have paid for the weekly
7878 11 collection of such premium nor shall this Section be construed
7979 12 to prevent the taking of a bona fide obligation, with interest
8080 13 at six per centum per annum, in payment of any premium.
8181 14 (1)(A) Nothing in this Section shall prevent the offer
8282 15 or provision by insurers or producers, by or through
8383 16 employees, affiliates, or third-party representatives, of
8484 17 value-added products or services at no or reduced cost
8585 18 when such products or services are not specified in the
8686 19 policy of insurance, so long as the product or service
8787 20 relates to the insurance coverage and is primarily
8888 21 designed to satisfy one or more of the following criteria:
8989 22 (i) providing loss mitigation or loss control;
9090 23 (ii) reducing claim costs or claim settlement
9191 24 costs;
9292 25 (iii) providing education about liability risks or
9393 26 risk of loss to persons or property;
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104104 1 (iv) monitoring or assessing risk, identifying
105105 2 sources of risk, or developing strategies for
106106 3 eliminating or reducing risk;
107107 4 (v) enhancing health;
108108 5 (vi) enhancing financial wellness through items
109109 6 such as education or financial planning services;
110110 7 (vii) providing post-loss services;
111111 8 (viii) incentivizing behavioral changes to improve
112112 9 the health or reduce the risk of death or disability of
113113 10 a policyholder, potential policyholder, certificate
114114 11 holder, potential certificate holder, insured,
115115 12 potential insured, or applicant; or
116116 13 (ix) assisting in the administration of the
117117 14 employee or retiree benefit insurance coverage.
118118 15 (B) The cost to the insurer or producer offering the
119119 16 product or service to any given customer must be
120120 17 reasonable in comparison to that customer's premiums or
121121 18 insurance coverage for the policy class.
122122 19 (C) If the insurer or producer is providing the
123123 20 product or service offered, the insurer or producer must
124124 21 ensure that the customer is provided with contact
125125 22 information to assist the customer with questions
126126 23 regarding the product or service.
127127 24 (D) The Director may adopt rules when implementing the
128128 25 permitted practices set forth in this Section to ensure
129129 26 consumer protection. Such rules, consistent with
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140140 1 applicable law, may address, among other issues, consumer
141141 2 data protections and privacy, consumer disclosure, and
142142 3 unfair discrimination.
143143 4 (E) The availability of the value-added product or
144144 5 service must be based on documented objective criteria and
145145 6 offered in a manner that is not unfairly discriminatory.
146146 7 The documented criteria must be maintained by the insurer
147147 8 or producer and produced upon request by the Department.
148148 9 (F) If an insurer or producer does not have sufficient
149149 10 evidence, but has a good faith belief that the product or
150150 11 service meets the criteria in subparagraph (A) of
151151 12 paragraph (1) of this subsection, the insurer or producer
152152 13 may provide the product or service in a manner that is not
153153 14 unfairly discriminatory as part of a pilot or testing
154154 15 program for no more than one year. An insurer or producer
155155 16 must notify the Department of such a pilot or testing
156156 17 program offered to consumers in this State prior to its
157157 18 start and may proceed with the program unless the
158158 19 Department objects within 21 days after notice. This
159159 20 paragraph (F) applies solely to policies of life
160160 21 insurance.
161161 22 (2) Nothing in this Section shall prevent a company
162162 23 from offering a child passenger restraint system or a
163163 24 discount from the purchase price of a child passenger
164164 25 restraint system to policyholders, when the purpose of
165165 26 such restraint system is the safety of a child and
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176176 1 compliance with the "Child Passenger Protection Act",
177177 2 approved June 27, 1983, as amended.
178178 3 (3) Nothing in this Section shall prevent an insurer
179179 4 or a producer from offering or giving non-cash gifts,
180180 5 items, or services, including meals to or charitable
181181 6 donations on behalf of a customer, to commercial or
182182 7 institutional customers in connection with the marketing,
183183 8 sale, purchase, or retention of contracts of insurance, as
184184 9 long as the cost is reasonable in comparison to the
185185 10 premium or proposed premium and the cost of the gift or
186186 11 service is not included in any amounts charged to another
187187 12 person or entity. The offer must be made in a manner that
188188 13 is not unfairly discriminatory. The customer may not be
189189 14 required to purchase, continue to purchase or renew a
190190 15 policy in exchange for the gift, item, or service.
191191 16 (4) Nothing in this Section shall prevent an insurer
192192 17 or a producer from conducting raffles or drawings to the
193193 18 extent permitted by State law, as long as there is no
194194 19 financial cost to entrants to participate, the drawing or
195195 20 raffle does not obligate participants to purchase
196196 21 insurance, the prizes are not valued in excess of a
197197 22 reasonable amount determined by the Director, and the
198198 23 drawing or raffle is open to the public. The raffle or
199199 24 drawing must be offered in a manner that is not unfairly
200200 25 discriminatory. The customer may not be required to
201201 26 purchase, continue to purchase, or renew a policy in
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