Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1435 By: Kirt
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6 AS INTRODUCED
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7 An Act relating to insurance; amending 36 O.S. 2021,
7 Sections 953 and 959, which relate to use of credit
8 information and sale of data or lists by consumer
8 reporting agencies; prohibiting the use of credit
9 information to underwrite or rate risks; applying
9 certain provisions to certain data or lists;
10 repealing 36 O.S. 2021, Sections 953.1, 954, 955,
10 956, 957, and 958, which relate to use of credit
11 information in personal insurance; and providing an
11 effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 36 O.S. 2021, Section 953, is
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16 amended to read as follows:
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17 Section 953. An insurer authorized to do business in this state
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18 that uses shall not use credit information to underwrite or rate
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19 risks, shall not:
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20 1. Use an insurance score that is calculated using income,
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21 gender, address, zip code, ethnic group, religion, marital status,
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22 or nationality of the consumer as a factor;
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23 2. Deny, cancel or fail to renew a policy of personal insurance
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24 solely on the basis of credit information, without consideration of
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Req. No. 2756 Page 1
1 any other applicable underwriting factor independent of credit
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2 information and not expressly prohibited by paragraph 1 of this
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3 section;
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4 3. Base renewal rates for personal insurance of an insured
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5 solely upon credit information, without consideration of any other
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6 applicable factor independent of credit information;
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7 4. Take adverse action against a consumer solely because the
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8 consumer does not have a credit card account, without consideration
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9 of any other applicable factor independent of credit information;
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10 5. Consider an absence of credit information or an inability to
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11 calculate an insurance score in underwriting or rating personal
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12 insurance, unless the insurer does one of the following:
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13 a. treats the consumer as otherwise approved by the
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14 Insurance Commissioner, if the insurer presents
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15 information that an absence or inability relates to
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16 the risk for the insurer,
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17 b. treats the consumer as if the applicant or insured had
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18 neutral credit information, as defined by the insurer,
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19 or
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20 c. excludes the use of credit information as a factor and
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21 use only other underwriting criteria;
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22 6. Take an adverse action against a consumer based on credit
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23 information, unless an insurer obtains and uses a credit report
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1 issued or an insurance score calculated within ninety (90) days from
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2 the date the policy is first written or renewal is issued;
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3 7. Use credit information unless not later than every thirty-
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4 six (36) months following the last time that the insurer obtained
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5 current credit information for the insured, the insurer recalculates
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6 the insurance score or obtains an updated credit report. Regardless
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7 of the requirements of this subsection:
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8 a. at annual renewal, upon the request of a consumer or
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9 the agent of the consumer, the insurer shall
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10 reunderwrite and rerate the policy based upon a
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11 current credit report or insurance score. An insurer
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12 need not recalculate the insurance score or obtain the
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13 updated credit report of a consumer more frequently
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14 than once in a twelve-month period,
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15 b. the insurer shall have the discretion to obtain
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16 current credit information upon any renewal before the
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17 thirty-six (36) months, if consistent with its
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18 underwriting guidelines, and
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19 c. no insurer need obtain current credit information for
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20 an insured, despite the requirements of paragraph 7 of
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21 this section, if one of the following applies:
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22 (1) the insurer is treating the consumer as otherwise
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23 approved by the Commissioner,
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1 (2) the insured is in the most favorably priced tier
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2 of the insurer, within a group of affiliated
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3 insurers. However, the insurer shall have the
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4 discretion to order a report, if consistent with
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5 its underwriting guidelines,
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6 (3) credit was not used for underwriting or rating
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7 the insured when the policy was initially
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8 written. However, the insurer shall have the
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9 discretion to use credit for underwriting or
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10 rating the insured upon renewal, if consistent
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11 with its underwriting guidelines, or
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12 (4) the insurer reevaluates the insured beginning no
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13 later than thirty-six (36) months after inception
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14 and thereafter based upon other underwriting or
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15 rating factors, excluding credit information; and
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16 8. Use the following as a negative factor in any insurance
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17 scoring methodology or in reviewing credit information for the
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18 purpose of underwriting or rating a policy of personal insurance:
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19 a. credit inquiries not initiated by the consumer or
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20 inquiries requested by the consumer for the credit
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21 information of the consumer,
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22 b. inquiries relating to insurance coverage, if so
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23 identified on a credit report of the consumer,
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1 c. collection accounts with a medical industry code, if
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2 so identified on the credit report of the consumer,
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3 d. multiple lender inquiries, if coded by the consumer
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4 reporting agency on the credit report of the consumer
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5 as being from the home mortgage industry and made
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6 within thirty (30) days of one another, unless only
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7 one inquiry is considered, and
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8 e. multiple lender inquiries, if coded by the consumer
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9 reporting agency on the credit report of the consumer
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10 as being from the automobile lending industry and made
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11 within thirty (30) days of one another, unless only
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12 one inquiry is considered.
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13 SECTION 2. AMENDATORY 36 O.S. 2021, Section 959, is
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14 amended to read as follows:
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15 Section 959. A. No consumer reporting agency shall provide or
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16 sell data or lists that include any information that in whole or in
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17 part was submitted in conjunction with an insurance inquiry about a
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18 consumer's credit information or a request for a credit report or
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19 insurance score. Such information includes, but is not limited to,
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20 the expiration dates of an insurance policy or any other information
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21 that may identify time periods during which a consumer's insurance
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22 may expire and the terms and conditions of the consumer's insurance
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23 coverage.
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1 B. The restrictions provided in subsection A of this section do
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2 not apply to data or lists the consumer reporting agency supplies to
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3 the insurance agent from whom information was received, the insurer
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4 on whose behalf such agent acted, or such insurer's affiliates or
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5 holding companies.
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6 C. Nothing in this section shall be construed to restrict any
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7 insurer from being able to obtain a claims history report or a motor
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8 vehicle report.
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9 SECTION 3. REPEALER 36 O.S. 2021, Sections 953.1, 954,
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10 955, 956, 957, and 958 are hereby repealed.
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11 SECTION 4. This act shall become effective November 1, 2026.
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13 60-2-2756 CAD 1/6/2026 4:17:39 PM
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Req. No. 2756 Page 6Every fact on this page links to its source, starting with the official bill record.