State of Illinois
92nd General Assembly
Legislation

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[ House Amendment 001 ]


92_HB4371sam001

 










                                             LRB9210185JStmam

 1                    AMENDMENT TO HOUSE BILL 4371

 2        AMENDMENT NO.     .  Amend House Bill 4371  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Illinois  Insurance Code is amended by
 5    adding Section 143.24c and changing Section 424 as follows:

 6        (215 ILCS 5/143.24c new)
 7        Sec. 143.24c.  Hate crimes; coverage refusal.
 8        (a)  This Section applies to policies of insurance if the
 9    insured or proposed insured  is  (1)  an  individual,  (2)  a
10    religious   organization   described   in   clause   (i)   of
11    subparagraph  (A)  of  paragraph  (1)  of  subsection  (b) of
12    Section 170 of Title 26 of the United  States  Code,  (3)  an
13    educational   organization   described   in  clause  (ii)  of
14    subparagraph (A)  of  paragraph  (1)  of  subsection  (b)  of
15    Section 170 of Title 26 of the United States Code, or (4) any
16    other  nonprofit  organization  described  in  clause (vi) of
17    subparagraph (A)  of  paragraph  (1)  of  subsection  (b)  of
18    Section  170  of  Title  26 of the United States Code that is
19    organized  and  operated  for   religious,   charitable,   or
20    educational purposes.
21        (b)  An  insurer issuing policies subject to this Section
22    may not cancel, refuse to  issue,  or  refuse  to  renew  the
 
                            -2-              LRB9210185JStmam
 1    policy  solely on the basis that one or more claims have been
 2    made against any policy during the preceding 60 months for  a
 3    loss that is the result of a hate crime committed against the
 4    person  or  property insured if the insured provides evidence
 5    to the insurer that the act causing the loss is identified as
 6    a hate crime on a police report.
 7        (c)  As it relates to this Section, if  determined  by  a
 8    law enforcement agency, a "hate crime" may include any of the
 9    following:
10             (1)  By   force   or   threat  of  force,  willfully
11        injuring, intimidating, interfering with, oppressing,  or
12        threatening  any  other  person  in  the free exercise or
13        enjoyment of any right or privilege secured to him or her
14        by the Constitution or laws  of  this  State  or  by  the
15        Constitution  or laws of the United States because of the
16        other person's race, color, religion, ancestry,  national
17        origin,  disability,  gender,  or  sexual  orientation or
18        because he or she perceives that the other person has one
19        or more of those characteristics. This offense,  however,
20        does not include speech alone, except upon a showing that
21        the  speech itself threatened violence against a specific
22        person or group of persons and that the defendant had the
23        apparent ability to carry out the threat.
24             (2)  Knowingly defacing, damaging, or destroying the
25        real or personal property of any  other  person  for  the
26        purpose  of  intimidating  or  interfering  with the free
27        exercise or enjoyment of any right or  privilege  secured
28        to  the  other person by the Constitution or laws of this
29        State or by the Constitution or laws of the United States
30        because of the  other  person's  race,  color,  religion,
31        ancestry,  national origin, disability, gender, or sexual
32        orientation or because he or she perceives that the other
33        person has one or more of those characteristics.
34        (d)  Nothing in this Section prevents an insurer  subject
 
                            -3-              LRB9210185JStmam
 1    to  this  Section from taking any of the actions specified in
 2    subsection (b) on the basis of criteria  not  otherwise  made
 3    invalid by this Section or any other law or rule.

 4        (215 ILCS 5/424) (from Ch. 73, par. 1031)
 5        Sec.  424.  Unfair  methods  of competition and unfair or
 6    deceptive acts  or  practices  defined.   The  following  are
 7    hereby  defined  as  unfair methods of competition and unfair
 8    and deceptive acts or practices in the business of insurance:
 9        (1)  The commission by any person of any one or  more  of
10    the acts defined or prohibited by Sections 134, 143.24c, 147,
11    148,  149,  151,  155.22,  155.22a, 236, 237, 364, and 469 of
12    this Code.
13        (2)  Entering into any agreement to  commit,  or  by  any
14    concerted  action committing, any act of boycott, coercion or
15    intimidation  resulting  in   or   tending   to   result   in
16    unreasonable  restraint  of,  or monopoly in, the business of
17    insurance.
18        (3)  Making or permitting, in the case  of  insurance  of
19    the types enumerated in Classes 1, 2, and 3 of Section 4, any
20    unfair  discrimination  between  individuals  or risks of the
21    same class or of essentially  the  same  hazard  and  expense
22    element  because  of  the  race, color, religion, or national
23    origin  of  such  insurance   risks   or   applicants.    The
24    application  of  this  Article  to  the  types  of  insurance
25    enumerated  in  Class  1  of Section 4 shall in no way limit,
26    reduce,  or  impair  the  protections  and  remedies  already
27    provided for by Sections 236 and 364  of  this  Code  or  any
28    other provision of this Code.
29        (4)  Engaging  in any of the acts or practices defined in
30    or prohibited by Sections 154.5 through  154.8  of  the  this
31    Insurance Code.
32        (5)  Making  or  charging  any rate for insurance against
33    losses arising from the use or ownership of a  motor  vehicle
 
                            -4-              LRB9210185JStmam
 1    which  requires  a  higher premium of any person by reason of
 2    his physical handicap, race,  color,  religion,  or  national
 3    origin.
 4    (Source: P.A. 92-399, eff. 8-16-01; revised 12-07-01.)".

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