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                                                      PRINTER'S NO. 4033

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2905 Session of 1998


        INTRODUCED BY WALKO, BELFANTI, THOMAS, KENNEY, MANDERINO,
           BISHOP, CASORIO, SURRA, EVANS, BOSCOLA, STABACK, LAUGHLIN,
           TIGUE, RAMOS, DeLUCA, COLAFELLA, SCHRODER, MELIO, OLASZ,
           DERMODY, WILT, J. TAYLOR, BELARDI, YOUNGBLOOD, C. WILLIAMS,
           KIRKLAND AND HARHAI, OCTOBER 26, 1998

        REFERRED TO COMMITTEE ON INSURANCE, OCTOBER 26, 1998

                                     AN ACT

     1  Amending the act of June 11, 1947 (P.L.538, No.246), entitled
     2     "An act relating to the regulation of rates for insurance
     3     which may be written by stock or mutual casualty insurance
     4     companies, associations or exchanges, including fidelity,
     5     surety and guaranty bonds and all other forms of motor
     6     vehicle insurance, and title insurance; to rating and
     7     advisory organizations; conferring on the Insurance
     8     Commissioner the power and duty of supervising and regulating
     9     persons, associations, companies and corporations, and of
    10     enforcing the provisions of this act; prescribing and
    11     regulating the practice and procedure before the
    12     commissioner, and procedure for review by the courts; giving
    13     the Court of Common Pleas of Dauphin County exclusive
    14     jurisdiction over certain proceedings; prescribing penalties
    15     and providing for enforcement thereof, and repealing
    16     inconsistent acts," further providing for making of rates.

    17     The General Assembly of the Commonwealth of Pennsylvania
    18  hereby enacts as follows:
    19     Section 1.  Section 3(e) of the act of June 11, 1947
    20  (P.L.538, No.246), known as The Casualty and Surety Rate
    21  Regulatory Act, amended April 14, 1986 (P.L.80, No.27), is
    22  amended to read:
    23     Section 3.  Making of Rates.--All rates shall be made in


     1  accordance with the following provisions:
     2     * * *
     3     (e)  This section shall not be construed to prohibit rates
     4  for automobile insurance which are based, in whole or in part,
     5  on factors, [including, but not limited to, sex,] if the use of
     6  [such] a factor is supported by sound actuarial principles or is
     7  related to actual or reasonably anticipated experience; however,
     8  such factors shall not include sex, race, religion [or],
     9  national origin or credit bureau rating.
    10     Section 2.  This act shall take effect in 60 days.














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