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SENATE FLOOR VERSION - SB1435 SFLR Page 1
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SENATE FLOOR VERSION
February 5, 2026
AS AMENDED
SENATE BILL NO. 1435 By: Kirt
[ insurance - consumer reporting agencies - credit
information – repealer - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 36 O.S. 2021, Section 953, is
amended to read as follows:
Section 953. An insurer authorized to do business in this state
that uses shall not use credit information to underwrite or rate
risks, shall not:
1. Use an insurance score that is calculated using income,
gender, address, zip code, ethnic group, religion, marital status,
or nationality of the consumer as a factor;
2. Deny, cancel or fail to renew a policy of personal insurance
solely on the basis of credit information, without consideration of
any other applicable underwriting factor independent of credit
information and not expressly prohibited by paragraph 1 of this
section;
SENATE FLOOR VERSION - SB1435 SFLR Page 2
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3. Base renewal rates for personal insurance of an insured
solely upon credit information, without consideration of any other
applicable factor independent of credit information;
4. Take adverse action against a consumer solely because the
consumer does not have a credit card account, without consideration
of any other applicable factor independent of credit information;
5. Consider an absence of credit information or an inability to
calculate an insurance score in underwriting or rating personal
insurance, unless the insurer does one of the following:
a. treats the consumer as otherwise approved by the
Insurance Commissioner, if the insurer presents
information that an absence or inability relates to
the risk for the insurer,
b. treats the consumer as if the applicant or insured had
neutral credit information, as defined by the insurer,
or
c. excludes the use of credit information as a factor and
use only other underwriting criteria;
6. Take an adverse action against a consumer based on credit
information, unless an insurer obtains and uses a credit report
issued or an insurance score calculated within ninety (90) days from
the date the policy is first written or renewal is issued;
7. Use credit information unless not later than every thirty-
six (36) months following the last time that the insurer obtained
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current credit information for the insured, the insurer recalculates
the insurance score or obtains an updated credit report. Regardless
of the requirements of this subsection:
a. at annual renewal, upon the request of a consumer or
the agent of the consumer, the insurer shall
reunderwrite and rerate the policy based upon a
current credit report or insurance score. An insurer
need not recalculate the insurance score or obtain the
updated credit report of a consumer more frequently
than once in a twelve-month period,
b. the insurer shall have the discretion to obtain
current credit information upon any renewal before the
thirty-six (36) months, if consistent with its
underwriting guidelines, and
c. no insurer need obtain current credit information for
an insured, despite the requirements of paragraph 7 of
this section, if one of the following applies:
(1) the insurer is treating the consumer as otherwise
approved by the Commissioner,
(2) the insured is in the most favorably priced tier
of the insurer, within a group of affiliated
insurers. However, the insurer shall have the
discretion to order a report, if consistent with
its underwriting guidelines,
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(3) credit was not used for underwriting or rating
the insured when the policy was initially
written. However, the insurer shall have the
discretion to use credit for underwriting or
rating the insured upon renewal, if consistent
with its underwriting guidelines, or
(4) the insurer reevaluates the insured beginning no
later than thirty-six (36) months after inception
and thereafter based upon other underwriting or
rating factors, excluding credit information; and
8. Use the following as a negative factor in any insurance
scoring methodology or in reviewing credit information for the
purpose of underwriting or rating a policy of personal insurance:
a. credit inquiries not initiated by the consumer or
inquiries requested by the consumer for the credit
information of the consumer,
b. inquiries relating to insurance coverage, if so
identified on a credit report of the consumer,
c. collection accounts with a medical industry code, if
so identified on the credit report of the consumer,
d. multiple lender inquiries, if coded by the consumer
reporting agency on the credit report of the consumer
as being from the home mortgage industry and made
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within thirty (30) days of one another, unless only
one inquiry is considered, and
e. multiple lender inquiries, if coded by the consumer
reporting agency on the credit report of the consumer
as being from the automobile lending industry and made
within thirty (30) days of one another, unless only
one inquiry is considered.
SECTION 2. AMENDATORY 36 O.S. 2021, Section 959, is
amended to read as follows:
Section 959. A. No consumer reporting agency shall provide or
sell data or lists that include any information that in whole or in
part was submitted in conjunction with an insurance inquiry about a
consumer’s credit information or a request for a credit report or
insurance score. Such information includes, but is not limited to,
the expiration dates of an insurance policy or any other information
that may identify time periods during which a consumer’s insurance
may expire and the terms and conditions of the consumer’s insurance
coverage.
B. The restrictions provided in subsection A of this section do
not apply to data or lists the consumer reporting agency supplies to
the insurance agent from whom information was received, the insurer
on whose behalf such agent acted, or such insurer’s affiliates or
holding companies.
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C. Nothing in this section shall be construed to restrict any
insurer from being able to obtain a claims history report or a motor
vehicle report.
SECTION 3. REPEALER 36 O.S. 2021, Sections 953.1, 954,
955, 956, 957, and 958 are hereby repealed.
SECTION 4. This act shall become effective November 1, 2026.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND INSURANCE
February 5, 2026 - DO PASS AS AMENDED