102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB4048

 

Introduced 1/21/2022, by Sen. Napoleon Harris, III

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 4005/8.5
20 ILCS 4005/8.6
215 ILCS 5/35B-25
215 ILCS 5/35B-30
215 ILCS 5/143  from Ch. 73, par. 755
215 ILCS 5/408  from Ch. 73, par. 1020
215 ILCS 5/416

    Amends the Illinois Motor Vehicle Theft Prevention and Insurance Verification Act. Provides that before April 1 of each year, each insurer engaged in writing private passenger motor vehicle insurance coverage may collect and shall pay (rather than shall collect and remit) to the Department of Insurance specified amounts determined by the Illinois Law Enforcement Training Board for deposit into the State Police Training and Academy Fund and the Law Enforcement Training Fund. Makes other changes. Amends the Illinois Insurance Code. In provisions concerning plans of division approval, provides that if a dividing company amends its plan of division at any time before the plan of division becomes effective, the dividing company shall file the amended plan of division for approval by the Director of Insurance. In provisions concerning certificates of division, provides that if the dividing company files an amended plan of division with the Director after a certificate of division has been filed for a previous plan, the dividing company shall file a certificate of stay with the recorder, with a concurrent copy to the Director, and if the Director approves the amended plan, the dividing company shall file an amended certificate of division. Sets forth filing fees and charges. Provides that the Director shall charge and collect the sum of $40 (rather than $20) for any service of process on the Director as attorney. In provisions concerning the Illinois Workers' Compensation Commission Operations Fund surcharges, provides that when a company fails to pay the full amount of any annual Illinois Workers' Compensation Commission Operations Fund Surcharge of $100 or more, there shall be added to the amount due as a penalty an amount equal to 10% (rather than the greater of $1,000 or an amount equal to 5%) of the deficiency for each month or part of a month that the deficiency remains unpaid. Makes other changes. Effective immediately.


LRB102 25353 BMS 34633 b

 

 

A BILL FOR

 

SB4048LRB102 25353 BMS 34633 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Motor Vehicle Theft Prevention and
5Insurance Verification Act is amended by changing Sections 8.5
6and 8.6 as follows:
 
7    (20 ILCS 4005/8.5)
8    (Section scheduled to be repealed on January 1, 2025)
9    Sec. 8.5. State Police Motor Vehicle Theft Prevention
10Trust Fund. The State Police Motor Vehicle Theft Prevention
11Trust Fund is created as a trust fund in the State treasury.
12The State Treasurer shall be the custodian of the Trust Fund.
13The State Police Motor Vehicle Theft Prevention Trust Fund is
14established to receive funds from the Illinois Motor Vehicle
15Theft Prevention and Insurance Verification Council. All
16interest earned from the investment or deposit of moneys
17accumulated in the Trust Fund shall be deposited into the
18Trust Fund. Moneys in the Trust Fund shall be used by the
19Illinois State Police for motor vehicle theft prevention
20purposes.
21(Source: P.A. 102-538, eff. 8-20-21.)
 
22    (20 ILCS 4005/8.6)

 

 

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1    Sec. 8.6. State Police Training and Academy Fund; Law
2Enforcement Training Fund. Before April 1 of each year, each
3insurer engaged in writing private passenger motor vehicle
4insurance coverage that is included in Class 2 and Class 3 of
5Section 4 of the Illinois Insurance Code, as a condition of its
6authority to transact business in this State, may collect and
7shall pay shall collect and remit to the Department of
8Insurance an amount equal to $4, or a lesser amount determined
9by the Illinois Law Enforcement Training Board by rule,
10multiplied by the insurer's total earned car years of private
11passenger motor vehicle insurance policies providing physical
12damage insurance coverage written in this State during the
13preceding calendar year. Of the amounts collected under this
14Section, the Department of Insurance shall deposit 10% into
15the State Police Training and Academy Fund and 90% into the Law
16Enforcement Training Fund.
17(Source: P.A. 102-16, eff. 6-17-21.)
 
18    Section 10. The Illinois Insurance Code is amended by
19changing Sections 35B-25, 35B-30, 143, 408, and 416 as
20follows:
 
21    (215 ILCS 5/35B-25)
22    (Text of Section before amendment by P.A. 102-578)
23    Sec. 35B-25. Plan of division approval.
24    (a) A division shall not become effective until it is

 

 

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1approved by the Director after reasonable notice and a public
2hearing, if the notice and hearing are deemed by the Director
3to be in the public interest. The Director shall hold a public
4hearing if one is requested by the dividing company. A hearing
5conducted under this Section shall be conducted in accordance
6with Article 10 of the Illinois Administrative Procedure Act.
7    (b) The Director shall approve a plan of division unless
8the Director finds that:
9        (1) the interest of any class of policyholder or
10    shareholder of the dividing company will not be properly
11    protected;
12        (2) each new company created by the proposed division,
13    except a new company that is a nonsurviving party to a
14    merger pursuant to subsection (b) of Section 156, would be
15    ineligible to receive a license to do insurance business
16    in this State pursuant to Section 5;
17        (2.5) each new company created by the proposed
18    division, except a new company that is a nonsurviving
19    party to a merger pursuant to subsection (b) of Section
20    156, that will be a member insurer of the Illinois Life and
21    Health Insurance Guaranty Association and that will have
22    policy liabilities allocated to it will not be licensed to
23    do insurance business in each state where such policies
24    were written by the dividing company;
25        (3) the proposed division violates a provision of the
26    Uniform Fraudulent Transfer Act;

 

 

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1        (4) the division is being made for purposes of
2    hindering, delaying, or defrauding any policyholders or
3    other creditors of the dividing company;
4        (5) one or more resulting companies will not be
5    solvent upon the consummation of the division; or
6        (6) the remaining assets of one or more resulting
7    companies will be, upon consummation of a division,
8    unreasonably small in relation to the business and
9    transactions in which the resulting company was engaged or
10    is about to engage.
11    (c) In determining whether the standards set forth in
12paragraph (3) of subsection (b) have been satisfied, the
13Director shall only apply the Uniform Fraudulent Transfer Act
14to a dividing company in its capacity as a resulting company
15and shall not apply the Uniform Fraudulent Transfer Act to any
16dividing company that is not proposed to survive the division.
17    (d) In determining whether the standards set forth in
18paragraphs (3), (4), (5), and (6) of subsection (b) have been
19satisfied, the Director may consider all proposed assets of
20the resulting company, including, without limitation,
21reinsurance agreements, parental guarantees, support or keep
22well agreements, or capital maintenance or contingent capital
23agreements, in each case, regardless of whether the same would
24qualify as an admitted asset as defined in Section 3.1.
25    (e) In determining whether the standards set forth in
26paragraph (3) of subsection (b) have been satisfied, with

 

 

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1respect to each resulting company, the Director shall, in
2applying the Uniform Fraudulent Transfer Act, treat:
3        (1) the resulting company as a debtor;
4        (2) liabilities allocated to the resulting company as
5    obligations incurred by a debtor;
6        (3) the resulting company as not having received
7    reasonably equivalent value in exchange for incurring the
8    obligations; and
9        (4) assets allocated to the resulting company as
10    remaining property.
11    (f) All information, documents, materials, and copies
12thereof submitted to, obtained by, or disclosed to the
13Director in connection with a plan of division or in
14contemplation thereof, including any information, documents,
15materials, or copies provided by or on behalf of a domestic
16stock company in advance of its adoption or submission of a
17plan of division, shall be confidential and shall be subject
18to the same protection and treatment in accordance with
19Section 131.22 as documents and reports disclosed to or filed
20with the Director pursuant to Section 131.14b until such time,
21if any, as a notice of the hearing contemplated by subsection
22(a) is issued.
23    (g) From and after the issuance of a notice of the hearing
24contemplated by subsection (a), all business, financial, and
25actuarial information that the domestic stock company requests
26confidential treatment, other than the plan of division, shall

 

 

SB4048- 6 -LRB102 25353 BMS 34633 b

1continue to be confidential and shall not be available for
2public inspection and shall be subject to the same protection
3and treatment in accordance with Section 131.22 as documents
4and reports disclosed to or filed with the Director pursuant
5to Section 131.14b.
6    (h) All expenses incurred by the Director in connection
7with proceedings under this Section, including expenses for
8the services of any attorneys, actuaries, accountants, and
9other experts as may be reasonably necessary to assist the
10Director in reviewing the proposed division, shall be paid by
11the dividing company filing the plan of division. A dividing
12company may allocate expenses described in this subsection in
13a plan of division in the same manner as any other liability.
14    (i) If the Director approves a plan of division, the
15Director shall issue an order that shall be accompanied by
16findings of fact and conclusions of law.
17    (j) The conditions in this Section for freeing one or more
18of the resulting companies from the liabilities of the
19dividing company and for allocating some or all of the
20liabilities of the dividing company shall be conclusively
21deemed to have been satisfied if the plan of division has been
22approved by the Director in a final order that is not subject
23to further appeal.
24    (k) If a dividing company amends its plan of division at
25any time before the plan of division becomes effective,
26including after the Director's approval of the plan or after

 

 

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1any hearing has been conducted under this Section, the
2dividing company shall file the amended plan of division for
3approval by the Director pursuant to the provisions of this
4Section.
5        (1) If a hearing is conducted on the amended plan of
6    division after the Director has approved a previous plan
7    of division, the hearing shall not be considered a
8    rehearing or a reopening of any hearing conducted on the
9    previous plan. Nothing in this paragraph shall prohibit
10    the dividing company from requesting a rehearing or
11    reopening of any hearing conducted on any disapproved plan
12    of division, amended or otherwise.
13        (2) Whether under direct review or in a hearing, the
14    Director may rely on information already submitted or
15    developed in connection with the previous plan of
16    division, as well as any findings of fact or conclusions
17    of law if a hearing has been conducted or an approval order
18    has been issued on the previous plan, to the extent the
19    information, findings, or conclusions remain relevant to
20    the amended plan of division, and the Director shall
21    collect any other information necessary to make a
22    determination under subsection (b).
23        (3) The fee assessed under Section 408 for filing a
24    plan of division shall not apply to the filing of an
25    amended plan of division, but subsection (h) of this
26    Section shall apply to all proceedings related to the

 

 

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1    amended plan.
2(Source: P.A. 101-549, eff. 1-1-20; 102-394, eff. 8-16-21.)
 
3    (Text of Section after amendment by P.A. 102-578)
4    Sec. 35B-25. Plan of division approval.
5    (a) A division shall not become effective until it is
6approved by the Director after reasonable notice and a public
7hearing, if the notice and hearing are deemed by the Director
8to be in the public interest. The Director shall hold a public
9hearing if one is requested by the dividing company. A hearing
10conducted under this Section shall be conducted in accordance
11with Article 10 of the Illinois Administrative Procedure Act.
12    (b) The Director shall approve a plan of division unless
13the Director finds that:
14        (1) the interest of any class of policyholder or
15    shareholder of the dividing company will not be properly
16    protected;
17        (2) each new company created by the proposed division,
18    except a new company that is a nonsurviving party to a
19    merger pursuant to subsection (b) of Section 156, would be
20    ineligible to receive a license to do insurance business
21    in this State pursuant to Section 5;
22        (2.5) each new company created by the proposed
23    division, except a new company that is a nonsurviving
24    party to a merger pursuant to subsection (b) of Section
25    156, that will be a member insurer of the Illinois Life and

 

 

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1    Health Insurance Guaranty Association and that will have
2    policy liabilities allocated to it will not be licensed to
3    do insurance business in each state where such policies
4    were written by the dividing company;
5        (3) the proposed division violates a provision of the
6    Uniform Fraudulent Transfer Act;
7        (4) the division is being made for purposes of
8    hindering, delaying, or defrauding any policyholders or
9    other creditors of the dividing company;
10        (5) one or more resulting companies will not be
11    solvent upon the consummation of the division; or
12        (6) the remaining assets of one or more resulting
13    companies will be, upon consummation of a division,
14    unreasonably small in relation to the business and
15    transactions in which the resulting company was engaged or
16    is about to engage.
17    (c) In determining whether the standards set forth in
18paragraph (3) of subsection (b) have been satisfied, the
19Director shall only apply the Uniform Fraudulent Transfer Act
20to a dividing company in its capacity as a resulting company
21and shall not apply the Uniform Fraudulent Transfer Act to any
22dividing company that is not proposed to survive the division.
23    (d) In determining whether the standards set forth in
24paragraphs (3), (4), (5), and (6) of subsection (b) have been
25satisfied, the Director may consider all proposed assets of
26the resulting company, including, without limitation,

 

 

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1reinsurance agreements, parental guarantees, support or keep
2well agreements, or capital maintenance or contingent capital
3agreements, in each case, regardless of whether the same would
4qualify as an admitted asset as defined in Section 3.1.
5    (e) In determining whether the standards set forth in
6paragraph (3) of subsection (b) have been satisfied, with
7respect to each resulting company, the Director shall, in
8applying the Uniform Fraudulent Transfer Act, treat:
9        (1) the resulting company as a debtor;
10        (2) liabilities allocated to the resulting company as
11    obligations incurred by a debtor;
12        (3) the resulting company as not having received
13    reasonably equivalent value in exchange for incurring the
14    obligations; and
15        (4) assets allocated to the resulting company as
16    remaining property.
17    (f) All information, documents, materials, and copies
18thereof submitted to, obtained by, or disclosed to the
19Director in connection with a plan of division or in
20contemplation thereof, including any information, documents,
21materials, or copies provided by or on behalf of a domestic
22stock company in advance of its adoption or submission of a
23plan of division, shall be confidential and shall be subject
24to the same protection and treatment in accordance with
25Section 131.22 as documents and reports disclosed to or filed
26with the Director pursuant to subsection (a) of Section

 

 

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1131.14b until such time, if any, as a notice of the hearing
2contemplated by subsection (a) is issued.
3    (g) From and after the issuance of a notice of the hearing
4contemplated by subsection (a), all business, financial, and
5actuarial information that the domestic stock company requests
6confidential treatment, other than the plan of division, shall
7continue to be confidential and shall not be available for
8public inspection and shall be subject to the same protection
9and treatment in accordance with Section 131.22 as documents
10and reports disclosed to or filed with the Director pursuant
11to subsection (a) of Section 131.14b.
12    (h) All expenses incurred by the Director in connection
13with proceedings under this Section, including expenses for
14the services of any attorneys, actuaries, accountants, and
15other experts as may be reasonably necessary to assist the
16Director in reviewing the proposed division, shall be paid by
17the dividing company filing the plan of division. A dividing
18company may allocate expenses described in this subsection in
19a plan of division in the same manner as any other liability.
20    (i) If the Director approves a plan of division, the
21Director shall issue an order that shall be accompanied by
22findings of fact and conclusions of law.
23    (j) The conditions in this Section for freeing one or more
24of the resulting companies from the liabilities of the
25dividing company and for allocating some or all of the
26liabilities of the dividing company shall be conclusively

 

 

SB4048- 12 -LRB102 25353 BMS 34633 b

1deemed to have been satisfied if the plan of division has been
2approved by the Director in a final order that is not subject
3to further appeal.
4    (k) If a dividing company amends its plan of division at
5any time before the plan of division becomes effective,
6including after the Director's approval of the plan or after
7any hearing has been conducted under this Section, the
8dividing company shall file the amended plan of division for
9approval by the Director pursuant to the provisions of this
10Section.
11        (1) If a hearing is conducted on the amended plan of
12    division after the Director has approved a previous plan
13    of division, the hearing shall not be considered a
14    rehearing or a reopening of any hearing conducted on the
15    previous plan. Nothing in this paragraph shall prohibit
16    the dividing company from requesting a rehearing or
17    reopening of any hearing conducted on any disapproved plan
18    of division, amended or otherwise.
19        (2) Whether under direct review or in a hearing, the
20    Director may rely on information already submitted or
21    developed in connection with the previous plan of
22    division, as well as any findings of fact or conclusions
23    of law if a hearing has been conducted or an approval order
24    has been issued on the previous plan, to the extent the
25    information, findings, or conclusions remain relevant to
26    the amended plan of division, and the Director shall

 

 

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1    collect any other information necessary to make a
2    determination under subsection (b).
3        (3) The fee assessed under Section 408 for filing a
4    plan of division shall not apply to the filing of an
5    amended plan of division, but subsection (h) of this
6    Section shall apply to all proceedings related to the
7    amended plan.
8(Source: P.A. 101-549, eff. 1-1-20; 102-394, eff. 8-16-21;
9102-578, eff. 7-1-22 (See Section 5 of P.A. 102-672 for
10effective date of P.A. 102-578).)
 
11    (215 ILCS 5/35B-30)
12    Sec. 35B-30. Certificate of division.
13    (a) After a plan of division has been adopted and
14approved, an officer or duly authorized representative of the
15dividing company shall sign a certificate of division.
16    (b) The certificate of division shall set forth:
17        (1) the name of the dividing company;
18        (2) a statement disclosing whether the dividing
19    company will survive the division;
20        (3) the name of each new company that will be created
21    by the division;
22        (4) the kinds of insurance business enumerated in
23    Section 4 that the new company will be authorized to
24    conduct;
25        (5) the date that the division is to be effective,

 

 

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1    which shall not be more than 90 days after the dividing
2    company has filed the certificate of division with the
3    recorder, with a concurrent copy to the Director;
4        (6) a statement that the division was approved by the
5    Director in accordance with Section 35B-25, including the
6    date that approval was served on the dividing company;
7        (7) (6) a statement that the dividing company
8    provided, no later than 10 business days after the
9    dividing company filed the plan of division with the
10    Director, reasonable notice to each reinsurer that is
11    party to a reinsurance contract that is applicable to the
12    policies included in the plan of division;
13        (8) (7) if the dividing company will survive the
14    division, an amendment to its articles of incorporation or
15    bylaws approved as part of the plan of division;
16        (9) (8) for each new company created by the division,
17    its articles of incorporation and bylaws, provided that
18    the articles of incorporation and bylaws need not state
19    the name or address of an incorporator; and
20        (10) (9) a reasonable description of the capital,
21    surplus, other assets and liabilities, including policy
22    liabilities, of the dividing company that are to be
23    allocated to each resulting company.
24    (c) The articles of incorporation and bylaws of each new
25company must satisfy the requirements of the laws of this
26State, provided that the documents need not be signed or

 

 

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1include a provision that need not be included in a restatement
2of the document.
3    (d) A certificate of division is effective when filed with
4the recorder, with a concurrent copy to the Director, as
5provided in this Section or on another date specified in the
6plan of division, whichever is later, provided that a
7certificate of division shall become effective not more than
890 days after it is filed with the recorder. A division is
9effective when the relevant certificate of division is
10effective.
11    (e) If the dividing company files an amended plan of
12division with the Director after a certificate of division has
13been filed for a previous plan, the dividing company shall
14file a certificate of stay with the recorder, with a
15concurrent copy to the Director. The certificate of stay shall
16identify the certificate of division being stayed and the date
17on which the amended plan of division was filed with the
18Director. If the Director approves the amended plan, the
19dividing company shall file an amended certificate of division
20pursuant to this Section. Nothing in this subsection shall
21allow a dividing company to amend its plan of division under
22Section 35B-15 on or after the effective date specified in a
23certificate of division that is active or that has been
24stayed.
25(Source: P.A. 100-1118, eff. 11-27-18.)
 

 

 

SB4048- 16 -LRB102 25353 BMS 34633 b

1    (215 ILCS 5/143)  (from Ch. 73, par. 755)
2    Sec. 143. Policy forms.
3    (1) Life, accident and health. No company transacting the
4kind or kinds of business enumerated in Classes 1 (a), 1 (b)
5and 2 (a) of Section 4 shall issue or deliver in this State a
6policy or certificate of insurance or evidence of coverage,
7attach an endorsement or rider thereto, incorporate by
8reference bylaws or other matter therein or use an application
9blank in this State until the form and content of such policy,
10certificate, evidence of coverage, endorsement, rider, bylaw
11or other matter incorporated by reference or application blank
12has been filed electronically with the Director, either
13through the System for Electronic Rate and Form Filing (SERFF)
14or as otherwise prescribed by the Director, and approved by
15the Director. Any such endorsement or rider that unilaterally
16reduces benefits and is to be attached to a policy subsequent
17to the date the policy is issued must be filed with, reviewed,
18and formally approved by the Director prior to the date it is
19attached to a policy issued or delivered in this State. It
20shall be the duty of the Director to disapprove or withdraw
21withhold approval of any such policy, certificate,
22endorsement, rider, bylaw or other matter incorporated by
23reference or application blank filed with him if it contains
24deficiencies, provisions which encourage misrepresentation or
25are unjust, unfair, inequitable, ambiguous, misleading,
26inconsistent, deceptive, contrary to law or to the public

 

 

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1policy of this State, or contains exceptions and conditions
2that unreasonably or deceptively affect the risk purported to
3be assumed in the general coverage of the policy. In all cases
4the Director shall approve, withdraw, or disapprove any such
5form within 60 days after submission unless the Director
6extends by not more than an additional 30 days the period
7within which the he shall approve or disapprove any such form
8shall be approved, withdrawn, or disapproved by giving written
9notice to the insurer of such extension before expiration of
10the initial 60 days period. The Director shall withdraw his
11approval of a policy, certificate, evidence of coverage,
12endorsement, rider, bylaw, or other matter incorporated by
13reference or application blank if it is subsequently
14determined he subsequently determines that such policy,
15certificate, evidence of coverage, endorsement, rider, bylaw,
16other matter, or application blank is misrepresentative,
17unjust, unfair, inequitable, ambiguous, misleading,
18inconsistent, deceptive, contrary to law or public policy of
19this State, or contains exceptions or conditions which
20unreasonably or deceptively affect the risk purported to be
21assumed in the general coverage of the policy or evidence of
22coverage.
23    If a previously approved policy, certificate, evidence of
24coverage, endorsement, rider, bylaw or other matter
25incorporated by reference or application blank is withdrawn
26for use, the Director shall serve upon the company an order of

 

 

SB4048- 18 -LRB102 25353 BMS 34633 b

1withdrawal of use, either personally or by mail, and if by
2mail, such service shall be completed if such notice be
3deposited in the post office, postage prepaid, addressed to
4the company's last known address specified in the records of
5the Department of Insurance. The order of withdrawal of use
6shall take effect 30 days from the date of mailing but shall be
7stayed if within the 30-day period a written request for
8hearing is filed with the Director. Such hearing shall be held
9at such time and place as designated in the order given by the
10Director. The hearing may be held either in the City of
11Springfield, the City of Chicago or in the county where the
12principal business address of the company is located. The
13action of the Director in disapproving or withdrawing such
14form shall be subject to judicial review under the
15Administrative Review Law.
16    This subsection shall not apply to riders or endorsements
17issued or made at the request of the individual policyholder
18relating to the manner of distribution of benefits or to the
19reservation of rights and benefits under his life insurance
20policy.
21    (2) Casualty, fire, and marine. The Director shall require
22the filing of all policy forms issued or delivered by any
23company transacting the kind or kinds of business enumerated
24in Classes 2 (except Class 2 (a)) and 3 of Section 4 in an
25electronic format either through the System for Electronic
26Rate and Form Filing (SERFF) or as otherwise prescribed and

 

 

SB4048- 19 -LRB102 25353 BMS 34633 b

1approved by the Director. In addition, he may require the
2filing of any generally used riders, endorsements,
3certificates, application blanks, and other matter
4incorporated by reference in any such policy or contract of
5insurance. Companies that are members of an organization,
6bureau, or association may have the same filed for them by the
7organization, bureau, or association. If the Director shall
8find from an examination of any such policy form, rider,
9endorsement, certificate, application blank, or other matter
10incorporated by reference in any such policy so filed that it
11(i) violates any provision of this Code, (ii) contains
12inconsistent, ambiguous, or misleading clauses, or (iii)
13contains exceptions and conditions that will unreasonably or
14deceptively affect the risks that are purported to be assumed
15by the policy, he shall order the company or companies issuing
16these forms to discontinue their use. Nothing in this
17subsection shall require a company transacting the kind or
18kinds of business enumerated in Classes 2 (except Class 2 (a))
19and 3 of Section 4 to obtain approval of these forms before
20they are issued nor in any way affect the legality of any
21policy that has been issued and found to be in conflict with
22this subsection, but such policies shall be subject to the
23provisions of Section 442.
24    (3) This Section shall not apply (i) to surety contracts
25or fidelity bonds, (ii) to policies issued to an industrial
26insured as defined in Section 121-2.08 except for workers'

 

 

SB4048- 20 -LRB102 25353 BMS 34633 b

1compensation policies, nor (iii) to riders or endorsements
2prepared to meet special, unusual, peculiar, or extraordinary
3conditions applying to an individual risk.
4(Source: P.A. 97-486, eff. 1-1-12; 98-226, eff. 1-1-14.)
 
5    (215 ILCS 5/408)  (from Ch. 73, par. 1020)
6    Sec. 408. Fees and charges.
7    (1) The Director shall charge, collect and give proper
8acquittances for the payment of the following fees and
9charges:
10        (a) For filing all documents submitted for the
11    incorporation or organization or certification of a
12    domestic company, except for a fraternal benefit society,
13    $2,000.
14        (b) For filing all documents submitted for the
15    incorporation or organization of a fraternal benefit
16    society, $500.
17        (c) For filing amendments to articles of incorporation
18    and amendments to declaration of organization, except for
19    a fraternal benefit society, a mutual benefit association,
20    a burial society or a farm mutual, $200.
21        (d) For filing amendments to articles of incorporation
22    of a fraternal benefit society, a mutual benefit
23    association or a burial society, $100.
24        (e) For filing amendments to articles of incorporation
25    of a farm mutual, $50.

 

 

SB4048- 21 -LRB102 25353 BMS 34633 b

1        (f) For filing bylaws or amendments thereto, $50.
2        (g) For filing agreement of merger or consolidation:
3            (i) for a domestic company, except for a fraternal
4        benefit society, a mutual benefit association, a
5        burial society, or a farm mutual, $2,000.
6            (ii) for a foreign or alien company, except for a
7        fraternal benefit society, $600.
8            (iii) for a fraternal benefit society, a mutual
9        benefit association, a burial society, or a farm
10        mutual, $200.
11        (h) For filing agreements of reinsurance by a domestic
12    company, $200.
13        (i) For filing all documents submitted by a foreign or
14    alien company to be admitted to transact business or
15    accredited as a reinsurer in this State, except for a
16    fraternal benefit society, $5,000.
17        (j) For filing all documents submitted by a foreign or
18    alien fraternal benefit society to be admitted to transact
19    business in this State, $500.
20        (k) For filing declaration of withdrawal of a foreign
21    or alien company, $50.
22        (l) For filing annual statement by a domestic company,
23    except a fraternal benefit society, a mutual benefit
24    association, a burial society, or a farm mutual, $200.
25        (m) For filing annual statement by a domestic
26    fraternal benefit society, $100.

 

 

SB4048- 22 -LRB102 25353 BMS 34633 b

1        (n) For filing annual statement by a farm mutual, a
2    mutual benefit association, or a burial society, $50.
3        (o) For issuing a certificate of authority or renewal
4    thereof except to a foreign fraternal benefit society,
5    $400.
6        (p) For issuing a certificate of authority or renewal
7    thereof to a foreign fraternal benefit society, $200.
8        (q) For issuing an amended certificate of authority,
9    $50.
10        (r) For each certified copy of certificate of
11    authority, $20.
12        (s) For each certificate of deposit, or valuation, or
13    compliance or surety certificate, $20.
14        (t) For copies of papers or records per page, $1.
15        (u) For each certification to copies of papers or
16    records, $10.
17        (v) For multiple copies of documents or certificates
18    listed in subparagraphs (r), (s), and (u) of paragraph (1)
19    of this Section, $10 for the first copy of a certificate of
20    any type and $5 for each additional copy of the same
21    certificate requested at the same time, unless, pursuant
22    to paragraph (2) of this Section, the Director finds these
23    additional fees excessive.
24        (w) For issuing a permit to sell shares or increase
25    paid-up capital:
26            (i) in connection with a public stock offering,

 

 

SB4048- 23 -LRB102 25353 BMS 34633 b

1        $300;
2            (ii) in any other case, $100.
3        (x) For issuing any other certificate required or
4    permissible under the law, $50.
5        (y) For filing a plan of exchange of the stock of a
6    domestic stock insurance company, a plan of
7    demutualization of a domestic mutual company, or a plan of
8    reorganization under Article XII, $2,000.
9        (z) For filing a statement of acquisition of a
10    domestic company as defined in Section 131.4 of this Code,
11    $2,000.
12        (aa) For filing an agreement to purchase the business
13    of an organization authorized under the Dental Service
14    Plan Act or the Voluntary Health Services Plans Act or of a
15    health maintenance organization or a limited health
16    service organization, $2,000.
17        (bb) For filing a statement of acquisition of a
18    foreign or alien insurance company as defined in Section
19    131.12a of this Code, $1,000.
20        (cc) For filing a registration statement as required
21    in Sections 131.13 and 131.14, the notification as
22    required by Sections 131.16, 131.20a, or 141.4, or an
23    agreement or transaction required by Sections 124.2(2),
24    141, 141a, or 141.1, $200.
25        (dd) For filing an application for licensing of:
26            (i) a religious or charitable risk pooling trust

 

 

SB4048- 24 -LRB102 25353 BMS 34633 b

1        or a workers' compensation pool, $1,000;
2            (ii) a workers' compensation service company,
3        $500;
4            (iii) a self-insured automobile fleet, $200; or
5            (iv) a renewal of or amendment of any license
6        issued pursuant to (i), (ii), or (iii) above, $100.
7        (ee) For filing articles of incorporation for a
8    syndicate to engage in the business of insurance through
9    the Illinois Insurance Exchange, $2,000.
10        (ff) For filing amended articles of incorporation for
11    a syndicate engaged in the business of insurance through
12    the Illinois Insurance Exchange, $100.
13        (gg) For filing articles of incorporation for a
14    limited syndicate to join with other subscribers or
15    limited syndicates to do business through the Illinois
16    Insurance Exchange, $1,000.
17        (hh) For filing amended articles of incorporation for
18    a limited syndicate to do business through the Illinois
19    Insurance Exchange, $100.
20        (ii) For a permit to solicit subscriptions to a
21    syndicate or limited syndicate, $100.
22        (jj) For the filing of each form as required in
23    Section 143 of this Code, $50 per form. Informational and
24    advertising filings shall be $25 per filing. The fee for
25    advisory and rating organizations shall be $200 per form.
26            (i) For the purposes of the form filing fee,

 

 

SB4048- 25 -LRB102 25353 BMS 34633 b

1        filings made on insert page basis will be considered
2        one form at the time of its original submission.
3        Changes made to a form subsequent to its approval
4        shall be considered a new filing.
5            (ii) Only one fee shall be charged for a form,
6        regardless of the number of other forms or policies
7        with which it will be used.
8            (iii) Fees charged for a policy filed as it will be
9        issued regardless of the number of forms comprising
10        that policy shall not exceed $1,500. For advisory or
11        rating organizations, fees charged for a policy filed
12        as it will be issued regardless of the number of forms
13        comprising that policy shall not exceed $2,500.
14            (iv) The Director may by rule exempt forms from
15        such fees.
16        (kk) For filing an application for licensing of a
17    reinsurance intermediary, $500.
18        (ll) For filing an application for renewal of a
19    license of a reinsurance intermediary, $200.
20        (mm) For filing a plan of division of a domestic stock
21    company under Article IIB, $10,000.
22        (nn) For filing all documents submitted by a foreign
23    or alien company to be a certified reinsurer in this
24    State, except for a fraternal benefit society, $1,000.
25        (oo) For filing a renewal by a foreign or alien
26    company to be a certified reinsurer in this State, except

 

 

SB4048- 26 -LRB102 25353 BMS 34633 b

1    for a fraternal benefit society, $400.
2        (pp) For filing all documents submitted by a reinsurer
3    domiciled in a reciprocal jurisdiction, $1,000.
4        (qq) For filing a renewal by a reinsurer domiciled in
5    a reciprocal jurisdiction, $400.
6        (rr) For registering a captive management company or
7    renewal thereof, $50.
8    (2) When printed copies or numerous copies of the same
9paper or records are furnished or certified, the Director may
10reduce such fees for copies if he finds them excessive. He may,
11when he considers it in the public interest, furnish without
12charge to state insurance departments and persons other than
13companies, copies or certified copies of reports of
14examinations and of other papers and records.
15    (3) The expenses incurred in any performance examination
16authorized by law shall be paid by the company or person being
17examined. The charge shall be reasonably related to the cost
18of the examination including but not limited to compensation
19of examiners, electronic data processing costs, supervision
20and preparation of an examination report and lodging and
21travel expenses. All lodging and travel expenses shall be in
22accord with the applicable travel regulations as published by
23the Department of Central Management Services and approved by
24the Governor's Travel Control Board, except that out-of-state
25lodging and travel expenses related to examinations authorized
26under Section 132 shall be in accordance with travel rates

 

 

SB4048- 27 -LRB102 25353 BMS 34633 b

1prescribed under paragraph 301-7.2 of the Federal Travel
2Regulations, 41 C.F.R. 301-7.2, for reimbursement of
3subsistence expenses incurred during official travel. All
4lodging and travel expenses may be reimbursed directly upon
5authorization of the Director. With the exception of the
6direct reimbursements authorized by the Director, all
7performance examination charges collected by the Department
8shall be paid to the Insurance Producer Administration Fund,
9however, the electronic data processing costs incurred by the
10Department in the performance of any examination shall be
11billed directly to the company being examined for payment to
12the Technology Management Revolving Fund.
13    (4) At the time of any service of process on the Director
14as attorney for such service, the Director shall charge and
15collect the sum of $40 $20, which may be recovered as taxable
16costs by the party to the suit or action causing such service
17to be made if he prevails in such suit or action.
18    (5) (a) The costs incurred by the Department of Insurance
19in conducting any hearing authorized by law shall be assessed
20against the parties to the hearing in such proportion as the
21Director of Insurance may determine upon consideration of all
22relevant circumstances including: (1) the nature of the
23hearing; (2) whether the hearing was instigated by, or for the
24benefit of a particular party or parties; (3) whether there is
25a successful party on the merits of the proceeding; and (4) the
26relative levels of participation by the parties.

 

 

SB4048- 28 -LRB102 25353 BMS 34633 b

1    (b) For purposes of this subsection (5) costs incurred
2shall mean the hearing officer fees, court reporter fees, and
3travel expenses of Department of Insurance officers and
4employees; provided however, that costs incurred shall not
5include hearing officer fees or court reporter fees unless the
6Department has retained the services of independent
7contractors or outside experts to perform such functions.
8    (c) The Director shall make the assessment of costs
9incurred as part of the final order or decision arising out of
10the proceeding; provided, however, that such order or decision
11shall include findings and conclusions in support of the
12assessment of costs. This subsection (5) shall not be
13construed as permitting the payment of travel expenses unless
14calculated in accordance with the applicable travel
15regulations of the Department of Central Management Services,
16as approved by the Governor's Travel Control Board. The
17Director as part of such order or decision shall require all
18assessments for hearing officer fees and court reporter fees,
19if any, to be paid directly to the hearing officer or court
20reporter by the party(s) assessed for such costs. The
21assessments for travel expenses of Department officers and
22employees shall be reimbursable to the Director of Insurance
23for deposit to the fund out of which those expenses had been
24paid.
25    (d) The provisions of this subsection (5) shall apply in
26the case of any hearing conducted by the Director of Insurance

 

 

SB4048- 29 -LRB102 25353 BMS 34633 b

1not otherwise specifically provided for by law.
2    (6) The Director shall charge and collect an annual
3financial regulation fee from every domestic company for
4examination and analysis of its financial condition and to
5fund the internal costs and expenses of the Interstate
6Insurance Receivership Commission as may be allocated to the
7State of Illinois and companies doing an insurance business in
8this State pursuant to Article X of the Interstate Insurance
9Receivership Compact. The fee shall be the greater fixed
10amount based upon the combination of nationwide direct premium
11income and nationwide reinsurance assumed premium income or
12upon admitted assets calculated under this subsection as
13follows:
14        (a) Combination of nationwide direct premium income
15    and nationwide reinsurance assumed premium.
16            (i) $150, if the premium is less than $500,000 and
17        there is no reinsurance assumed premium;
18            (ii) $750, if the premium is $500,000 or more, but
19        less than $5,000,000 and there is no reinsurance
20        assumed premium; or if the premium is less than
21        $5,000,000 and the reinsurance assumed premium is less
22        than $10,000,000;
23            (iii) $3,750, if the premium is less than
24        $5,000,000 and the reinsurance assumed premium is
25        $10,000,000 or more;
26            (iv) $7,500, if the premium is $5,000,000 or more,

 

 

SB4048- 30 -LRB102 25353 BMS 34633 b

1        but less than $10,000,000;
2            (v) $18,000, if the premium is $10,000,000 or
3        more, but less than $25,000,000;
4            (vi) $22,500, if the premium is $25,000,000 or
5        more, but less than $50,000,000;
6            (vii) $30,000, if the premium is $50,000,000 or
7        more, but less than $100,000,000;
8            (viii) $37,500, if the premium is $100,000,000 or
9        more.
10        (b) Admitted assets.
11            (i) $150, if admitted assets are less than
12        $1,000,000;
13            (ii) $750, if admitted assets are $1,000,000 or
14        more, but less than $5,000,000;
15            (iii) $3,750, if admitted assets are $5,000,000 or
16        more, but less than $25,000,000;
17            (iv) $7,500, if admitted assets are $25,000,000 or
18        more, but less than $50,000,000;
19            (v) $18,000, if admitted assets are $50,000,000 or
20        more, but less than $100,000,000;
21            (vi) $22,500, if admitted assets are $100,000,000
22        or more, but less than $500,000,000;
23            (vii) $30,000, if admitted assets are $500,000,000
24        or more, but less than $1,000,000,000;
25            (viii) $37,500, if admitted assets are
26        $1,000,000,000 or more.

 

 

SB4048- 31 -LRB102 25353 BMS 34633 b

1        (c) The sum of financial regulation fees charged to
2    the domestic companies of the same affiliated group shall
3    not exceed $250,000 in the aggregate in any single year
4    and shall be billed by the Director to the member company
5    designated by the group.
6    (7) The Director shall charge and collect an annual
7financial regulation fee from every foreign or alien company,
8except fraternal benefit societies, for the examination and
9analysis of its financial condition and to fund the internal
10costs and expenses of the Interstate Insurance Receivership
11Commission as may be allocated to the State of Illinois and
12companies doing an insurance business in this State pursuant
13to Article X of the Interstate Insurance Receivership Compact.
14The fee shall be a fixed amount based upon Illinois direct
15premium income and nationwide reinsurance assumed premium
16income in accordance with the following schedule:
17        (a) $150, if the premium is less than $500,000 and
18    there is no reinsurance assumed premium;
19        (b) $750, if the premium is $500,000 or more, but less
20    than $5,000,000 and there is no reinsurance assumed
21    premium; or if the premium is less than $5,000,000 and the
22    reinsurance assumed premium is less than $10,000,000;
23        (c) $3,750, if the premium is less than $5,000,000 and
24    the reinsurance assumed premium is $10,000,000 or more;
25        (d) $7,500, if the premium is $5,000,000 or more, but
26    less than $10,000,000;

 

 

SB4048- 32 -LRB102 25353 BMS 34633 b

1        (e) $18,000, if the premium is $10,000,000 or more,
2    but less than $25,000,000;
3        (f) $22,500, if the premium is $25,000,000 or more,
4    but less than $50,000,000;
5        (g) $30,000, if the premium is $50,000,000 or more,
6    but less than $100,000,000;
7        (h) $37,500, if the premium is $100,000,000 or more.
8    The sum of financial regulation fees under this subsection
9(7) charged to the foreign or alien companies within the same
10affiliated group shall not exceed $250,000 in the aggregate in
11any single year and shall be billed by the Director to the
12member company designated by the group.
13    (8) Beginning January 1, 1992, the financial regulation
14fees imposed under subsections (6) and (7) of this Section
15shall be paid by each company or domestic affiliated group
16annually. After January 1, 1994, the fee shall be billed by
17Department invoice based upon the company's premium income or
18admitted assets as shown in its annual statement for the
19preceding calendar year. The invoice is due upon receipt and
20must be paid no later than June 30 of each calendar year. All
21financial regulation fees collected by the Department shall be
22paid to the Insurance Financial Regulation Fund. The
23Department may not collect financial examiner per diem charges
24from companies subject to subsections (6) and (7) of this
25Section undergoing financial examination after June 30, 1992.
26    (9) In addition to the financial regulation fee required

 

 

SB4048- 33 -LRB102 25353 BMS 34633 b

1by this Section, a company undergoing any financial
2examination authorized by law shall pay the following costs
3and expenses incurred by the Department: electronic data
4processing costs, the expenses authorized under Section 131.21
5and subsection (d) of Section 132.4 of this Code, and lodging
6and travel expenses.
7    Electronic data processing costs incurred by the
8Department in the performance of any examination shall be
9billed directly to the company undergoing examination for
10payment to the Technology Management Revolving Fund. Except
11for direct reimbursements authorized by the Director or direct
12payments made under Section 131.21 or subsection (d) of
13Section 132.4 of this Code, all financial regulation fees and
14all financial examination charges collected by the Department
15shall be paid to the Insurance Financial Regulation Fund.
16    All lodging and travel expenses shall be in accordance
17with applicable travel regulations published by the Department
18of Central Management Services and approved by the Governor's
19Travel Control Board, except that out-of-state lodging and
20travel expenses related to examinations authorized under
21Sections 132.1 through 132.7 shall be in accordance with
22travel rates prescribed under paragraph 301-7.2 of the Federal
23Travel Regulations, 41 C.F.R. 301-7.2, for reimbursement of
24subsistence expenses incurred during official travel. All
25lodging and travel expenses may be reimbursed directly upon
26the authorization of the Director.

 

 

SB4048- 34 -LRB102 25353 BMS 34633 b

1    In the case of an organization or person not subject to the
2financial regulation fee, the expenses incurred in any
3financial examination authorized by law shall be paid by the
4organization or person being examined. The charge shall be
5reasonably related to the cost of the examination including,
6but not limited to, compensation of examiners and other costs
7described in this subsection.
8    (10) Any company, person, or entity failing to make any
9payment of $150 or more as required under this Section shall be
10subject to the penalty and interest provisions provided for in
11subsections (4) and (7) of Section 412.
12    (11) Unless otherwise specified, all of the fees collected
13under this Section shall be paid into the Insurance Financial
14Regulation Fund.
15    (12) For purposes of this Section:
16        (a) "Domestic company" means a company as defined in
17    Section 2 of this Code which is incorporated or organized
18    under the laws of this State, and in addition includes a
19    not-for-profit corporation authorized under the Dental
20    Service Plan Act or the Voluntary Health Services Plans
21    Act, a health maintenance organization, and a limited
22    health service organization.
23        (b) "Foreign company" means a company as defined in
24    Section 2 of this Code which is incorporated or organized
25    under the laws of any state of the United States other than
26    this State and in addition includes a health maintenance

 

 

SB4048- 35 -LRB102 25353 BMS 34633 b

1    organization and a limited health service organization
2    which is incorporated or organized under the laws of any
3    state of the United States other than this State.
4        (c) "Alien company" means a company as defined in
5    Section 2 of this Code which is incorporated or organized
6    under the laws of any country other than the United
7    States.
8        (d) "Fraternal benefit society" means a corporation,
9    society, order, lodge or voluntary association as defined
10    in Section 282.1 of this Code.
11        (e) "Mutual benefit association" means a company,
12    association or corporation authorized by the Director to
13    do business in this State under the provisions of Article
14    XVIII of this Code.
15        (f) "Burial society" means a person, firm,
16    corporation, society or association of individuals
17    authorized by the Director to do business in this State
18    under the provisions of Article XIX of this Code.
19        (g) "Farm mutual" means a district, county and
20    township mutual insurance company authorized by the
21    Director to do business in this State under the provisions
22    of the Farm Mutual Insurance Company Act of 1986.
23(Source: P.A. 100-23, eff. 7-6-17.)
 
24    (215 ILCS 5/416)
25    Sec. 416. Illinois Workers' Compensation Commission

 

 

SB4048- 36 -LRB102 25353 BMS 34633 b

1Operations Fund Surcharge.
2    (a) As of July 30, 2004 (the effective date of Public Act
393-840), every company licensed or authorized by the Illinois
4Department of Insurance and insuring employers' liabilities
5arising under the Workers' Compensation Act or the Workers'
6Occupational Diseases Act shall remit to the Director a
7surcharge based upon the annual direct written premium, as
8reported under Section 136 of this Act, of the company in the
9manner provided in this Section. Such proceeds shall be
10deposited into the Illinois Workers' Compensation Commission
11Operations Fund as established in the Workers' Compensation
12Act. If a company survives or was formed by a merger,
13consolidation, reorganization, or reincorporation, the direct
14written premiums of all companies party to the merger,
15consolidation, reorganization, or reincorporation shall, for
16purposes of determining the amount of the fee imposed by this
17Section, be regarded as those of the surviving or new company.
18    (b)(1) Except as provided in subsection (b)(2) of this
19Section, beginning on July 30, 2004 (the effective date of
20Public Act 93-840) and on July 1 of each year thereafter, the
21Director shall charge an annual Illinois Workers' Compensation
22Commission Operations Fund Surcharge from every company
23subject to subsection (a) of this Section equal to 1.01% of its
24direct written premium for insuring employers' liabilities
25arising under the Workers' Compensation Act or Workers'
26Occupational Diseases Act as reported in each company's annual

 

 

SB4048- 37 -LRB102 25353 BMS 34633 b

1statement filed for the previous year as required by Section
2136. The Illinois Workers' Compensation Commission Operations
3Fund Surcharge shall be collected by companies subject to
4subsection (a) of this Section as a separately stated
5surcharge on insured employers at the rate of 1.01% of direct
6written premium. The Illinois Workers' Compensation Commission
7Operations Fund Surcharge shall not be collected by companies
8subject to subsection (a) of this Section from any employer
9that self-insures its liabilities arising under the Workers'
10Compensation Act or Workers' Occupational Diseases Act,
11provided that the employer has paid the Illinois Workers'
12Compensation Commission Operations Fund Fee pursuant to
13Section 4d of the Workers' Compensation Act. All sums
14collected by the Department of Insurance under the provisions
15of this Section shall be paid promptly after the receipt of the
16same, accompanied by a detailed statement thereof, into the
17Illinois Workers' Compensation Commission Operations Fund in
18the State treasury.
19    (b)(2) The surcharge due pursuant to Public Act 93-840
20shall be collected instead of the surcharge due on July 1, 2004
21under Public Act 93-32. Payment of the surcharge due under
22Public Act 93-840 shall discharge the employer's obligations
23due on July 1, 2004.
24    (c) In addition to the authority specifically granted
25under Article XXV of this Code, the Director shall have such
26authority to adopt rules or establish forms as may be

 

 

SB4048- 38 -LRB102 25353 BMS 34633 b

1reasonably necessary for purposes of enforcing this Section.
2The Director shall also have authority to defer, waive, or
3abate the surcharge or any penalties imposed by this Section
4if in the Director's opinion the company's solvency and
5ability to meet its insured obligations would be immediately
6threatened by payment of the surcharge due.
7    (d) When a company fails to pay the full amount of any
8annual Illinois Workers' Compensation Commission Operations
9Fund Surcharge of $100 or more due under this Section, there
10shall be added to the amount due as a penalty the greater of
11$1,000 or an amount equal to 10% 5% of the deficiency for each
12month or part of a month that the deficiency remains unpaid.
13    (e) The Department of Insurance may enforce the collection
14of any delinquent payment, penalty, or portion thereof by
15legal action or in any other manner by which the collection of
16debts due the State of Illinois may be enforced under the laws
17of this State.
18    (f) Whenever it appears to the satisfaction of the
19Director that a company has paid pursuant to this Act an
20Illinois Workers' Compensation Commission Operations Fund
21Surcharge in an amount in excess of the amount legally
22collectable from the company, the Director shall issue a
23credit memorandum for an amount equal to the amount of such
24overpayment. A credit memorandum may be applied for the 2-year
25period from the date of issuance, against the payment of any
26amount due during that period under the surcharge imposed by

 

 

SB4048- 39 -LRB102 25353 BMS 34633 b

1this Section or, subject to reasonable rule of the Department
2of Insurance including requirement of notification, may be
3assigned to any other company subject to regulation under this
4Act. Any application of credit memoranda after the period
5provided for in this Section is void.
6    (g) Annually, the Governor may direct a transfer of up to
72% of all moneys collected under this Section to the Insurance
8Financial Regulation Fund.
9(Source: P.A. 95-331, eff. 8-21-07.)
 
10    Section 95. No acceleration or delay. Where this Act makes
11changes in a statute that is represented in this Act by text
12that is not yet or no longer in effect (for example, a Section
13represented by multiple versions), the use of that text does
14not accelerate or delay the taking effect of (i) the changes
15made by this Act or (ii) provisions derived from any other
16Public Act.
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.