HLS 21RS-439 ENGROSSED 2021 Regular Session HOUSE BILL NO. 467 BY REPRESENTATIVE JORDAN Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. INSURANCE/AUTOMOB ILE: Prohibits the use of certain rating factors in automobile insurance underwriting 1 AN ACT 2To amend and reenact R.S. 22:1454(A) and to repeal Subpart P of Part IV of Chapter 4 of 3 Title 22 of the Louisiana Revised Statutes of 1950, comprised of R.S. 22:1501 4 through 1514, relative to insurance rating standards and methods; to prohibit rate 5 classification based on an insured's credit information, education level, home 6 ownership, employment, or profession; to remove regulations regarding the use of 7 credit information; and to provide for related matters. 8Be it enacted by the Legislature of Louisiana: 9 Section 1. R.S. 22:1454(A) is hereby amended and reenacted to read as follows: 10 ยง1454. Rating standards and methods 11 A. Rates shall not be inadequate or unfairly discriminatory in a competitive 12 market. Rates shall not be excessive, inadequate, or unfairly discriminatory in a 13 noncompetitive market. Risks may be classified using any criteria except that no 14 risk shall be classified on the basis of race, color, creed, education level, 15 employment, trade, business, occupation, profession, home ownership, credit 16 information, or any information derived from an insured's credit report, or national 17 origin. The prohibited factors identified in this Subsection shall not be used in any 18 way in determining policy premiums. 19 * * * Page 1 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 21RS-439 ENGROSSED HB NO. 467 1 Section 2. Subpart P of Part IV of Chapter 4 of Title 22 of the Louisiana Revised 2Statutes of 1950, comprised of R.S. 22:1501 through 1514, is hereby repealed in its entirety. DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HB 467 Engrossed 2021 Regular Session Jordan Abstract: Prohibits the use of certain rating factors in automobile insurance underwriting. Present law prohibits inadequate or unfairly discriminatory rates in a competitive market. Present law prohibits rates from being excessive, inadequate, or unfairly discriminatory in a noncompetitive market. Present law authorizes risk classification based on any criteria except race, color, creed, or national origin. Proposed law retains present law and further prohibits risk classification based on a person's credit information, education level, home ownership, employment, trade, business, occupation, or profession. Present law regulates the use of credit information for personal insurance. Proposed law repeals present law. Proposed law provides that the prohibited factors in risk classification shall not be used in determining policy premiums. (Amends R.S. 22:1454(A); Repeals R.S. 22:1501-1514) Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Insurance to the original bill: 1. Make technical changes. 2. Add home ownership and any information derived from an insured's credit report to the list of prohibited factors in risk classification. 3. Provide that the prohibited factors in risk classification shall not be used in determining policy premiums. Page 2 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions.