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Rep. Thaddeus Jones
Filed: 3/21/2023
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1 | | AMENDMENT TO HOUSE BILL 3521
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2 | | AMENDMENT NO. ______. Amend House Bill 3521 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Illinois Insurance Code is amended by |
5 | | changing Section 445 as follows:
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6 | | (215 ILCS 5/445) (from Ch. 73, par. 1057)
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7 | | Sec. 445. Surplus line.
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8 | | (1) Definitions. For the purposes of this Section:
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9 | | "Affiliate" means, with respect to an insured, any entity |
10 | | that controls, is controlled by, or is under common control |
11 | | with the insured. For the purpose of this definition, an |
12 | | entity has control over another entity if: |
13 | | (A) the entity directly or indirectly or acting |
14 | | through one or more other persons owns, controls, or has |
15 | | the power to vote 25% or more of any class of voting |
16 | | securities of the other entity; or |
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1 | | (B) the entity controls in any manner the election of |
2 | | a majority of the directors or trustees of the other |
3 | | entity. |
4 | | "Affiliated group" means any group of entities that are |
5 | | all affiliated. |
6 | | "Authorized insurer" means an insurer that holds a |
7 | | certificate of
authority
issued by the Director but, for the |
8 | | purposes of this Section, does not
include a
domestic surplus |
9 | | line insurer as defined in Section 445a or any
residual market
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10 | | mechanism. |
11 | | "Exempt commercial purchaser" means any person purchasing |
12 | | commercial insurance that, at the time of placement, meets the |
13 | | following requirements: |
14 | | (A) The person employs or retains a qualified risk |
15 | | manager to negotiate insurance coverage. |
16 | | (B) The person has paid aggregate nationwide |
17 | | commercial property and casualty insurance premiums in |
18 | | excess of $100,000 in the immediately preceding 12 months. |
19 | | (C) The person meets at least one of the following |
20 | | criteria: |
21 | | (I) The person possesses a net worth in excess of |
22 | | $20,000,000, as such amount is adjusted pursuant to |
23 | | the provision in this definition concerning percentage |
24 | | change. |
25 | | (II) The person generates annual revenues in |
26 | | excess of $50,000,000, as such amount is adjusted |
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1 | | pursuant to the provision in this definition |
2 | | concerning percentage change. |
3 | | (III) The person employs more than 500 full-time |
4 | | or full-time equivalent employees per individual |
5 | | insured or is a member of an affiliated group |
6 | | employing more than 1,000 employees in the aggregate. |
7 | | (IV) The person is a not-for-profit organization |
8 | | or public entity generating annual budgeted |
9 | | expenditures of at least $30,000,000, as such amount |
10 | | is adjusted pursuant to the provision in this |
11 | | definition concerning percentage change. |
12 | | (V) The person is a municipality with a population |
13 | | in excess of 50,000 persons. |
14 | | Effective on January 1, 2015 and each fifth January 1 |
15 | | occurring thereafter, the amounts in subitems (I), (II), and |
16 | | (IV) of item (C) of this definition shall be adjusted to |
17 | | reflect the percentage change for such 5-year period in the |
18 | | Consumer Price Index for All Urban Consumers published by the |
19 | | Bureau of Labor Statistics of the Department of Labor. |
20 | | "Home state" means the following: |
21 | | (A) With respect to an insured, except as provided in |
22 | | item (B) of this definition: |
23 | | (I) the state in which an insured maintains its |
24 | | principal place of business or, in the case of an |
25 | | individual, the individual's principal residence; or |
26 | | (II) if 100% of the insured risk is located out of |
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1 | | the state referred to in subitem (I), the state to |
2 | | which the greatest percentage of the insured's taxable |
3 | | premium for that insurance contract is allocated. |
4 | | (B) If more than one insured from an affiliated group |
5 | | are named insureds on a single surplus line insurance |
6 | | contract, then "home state" means the home state, as |
7 | | determined pursuant to item (A) of this definition, of the |
8 | | member of the affiliated group that has the largest |
9 | | percentage of premium attributed to it under such |
10 | | insurance contract. |
11 | | If more than one insured from a group that is not |
12 | | affiliated are named insureds on a single surplus line |
13 | | insurance contract, then : (I) if individual group members |
14 | | pay 100% of the premium for the insurance from their own |
15 | | funds, "home state" means the home state, as determined |
16 | | pursuant to item (A) of this definition, of each |
17 | | individual group member; each individual group member's |
18 | | coverage under the surplus line insurance contract shall |
19 | | be treated as a separate surplus line contract for the |
20 | | purposes of this Section; (II) otherwise, "home state" |
21 | | means the home state, as determined pursuant to item (A) |
22 | | of this definition, of the group. |
23 | | Nothing in this definition shall be construed to alter the |
24 | | terms of the surplus line insurance contract. |
25 | | "Master policy" means a surplus line insurance contract |
26 | | with a single set of general contractual terms that are |
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1 | | designed to apply on a group basis to multiple insureds who may |
2 | | or may not be affiliated and who may be added to or removed |
3 | | from the contract throughout the course of the contract |
4 | | period. A master policy may include certain provisions that |
5 | | vary for each insured depending on the insured's |
6 | | characteristics and the coverage sought. |
7 | | "Multi-State risk" means a risk with insured exposures in |
8 | | more than one State. |
9 | | "NAIC" means the National Association of Insurance |
10 | | Commissioners or any successor entity. |
11 | | "Personal lines insurance" means insurance as defined in |
12 | | subsection (a), (b), or (c) of Section 143.13 of this Code. |
13 | | "Premium" means any amount designated as premium on the |
14 | | declarations page or elsewhere in a policy and on any |
15 | | endorsement, but does not include taxes, the Surplus Line |
16 | | Association of Illinois recording fee, or any other fee. |
17 | | "Program business" means a clearly defined group of |
18 | | insurance contracts procured by a licensed surplus line |
19 | | producer from an unauthorized insurer, under a single |
20 | | agreement between the producer and insurer, for insureds with |
21 | | the same or similar characteristics and containing the same or |
22 | | similar contract terms. |
23 | | "Qualified risk manager" means, with respect to a |
24 | | policyholder of commercial insurance, a person who meets all |
25 | | of the following requirements: |
26 | | (A) The person is an employee of, or third-party |
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1 | | consultant retained by, the commercial policyholder. |
2 | | (B) The person provides skilled services in loss |
3 | | prevention, loss reduction, or risk and insurance coverage |
4 | | analysis, and purchase of insurance. |
5 | | (C) With regard to the person: |
6 | | (I) the person has: |
7 | | (a) a bachelor's degree or higher from an |
8 | | accredited college or university in risk |
9 | | management, business administration, finance, |
10 | | economics, or any other field determined by the |
11 | | Director or his designee to demonstrate minimum |
12 | | competence in risk management; and |
13 | | (b) the following: |
14 | | (i) three years of experience in risk |
15 | | financing, claims administration, loss |
16 | | prevention, risk and insurance analysis, or |
17 | | purchasing commercial lines of insurance; or |
18 | | (ii) alternatively has: |
19 | | (AA) a designation as a Chartered |
20 | | Property and Casualty Underwriter (in this |
21 | | subparagraph (ii) referred to as "CPCU") |
22 | | issued by the American Institute for |
23 | | CPCU/Insurance Institute of America; |
24 | | (BB) a designation as an Associate in |
25 | | Risk Management (ARM) issued by the |
26 | | American Institute for CPCU/Insurance |
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1 | | Institute of America; |
2 | | (CC) a designation as Certified Risk |
3 | | Manager (CRM) issued by the National |
4 | | Alliance for Insurance Education & |
5 | | Research; |
6 | | (DD) a designation as a RIMS Fellow |
7 | | (RF) issued by the Global Risk Management |
8 | | Institute; or |
9 | | (EE) any other designation, |
10 | | certification, or license determined by |
11 | | the Director or his designee to |
12 | | demonstrate minimum competency in risk |
13 | | management; |
14 | | (II) the person has: |
15 | | (a) at least 7 years of experience in risk |
16 | | financing, claims administration, loss prevention, |
17 | | risk and insurance coverage analysis, or |
18 | | purchasing commercial lines of insurance; and |
19 | | (b) has any one of the designations specified |
20 | | in subparagraph (ii) of paragraph (b); |
21 | | (III) the person has at least 10 years of |
22 | | experience in risk financing, claims administration, |
23 | | loss prevention, risk and insurance coverage analysis, |
24 | | or purchasing commercial lines of insurance; or |
25 | | (IV) the person has a graduate degree from an |
26 | | accredited college or university in risk management, |
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1 | | business administration, finance, economics, or any |
2 | | other field determined by the Director or his or her |
3 | | designee to demonstrate minimum competence in risk |
4 | | management. |
5 | | "Residual market mechanism" means an association, |
6 | | organization, or other
entity described in Article XXXIII of |
7 | | this Code or Section 7-501 of the
Illinois Vehicle Code or any |
8 | | similar association, organization, or other
entity. |
9 | | "State" means any state of the United States, the District |
10 | | of Columbia, the Commonwealth of Puerto Rico, Guam, the |
11 | | Northern Mariana Islands, the Virgin Islands, and American |
12 | | Samoa. |
13 | | "Surplus line insurance" means insurance on a risk: |
14 | | (A) of the kinds specified in Classes 2 and 3 of |
15 | | Section 4 of this Code; and |
16 | | (B) that is procured from an unauthorized insurer |
17 | | after the insurance producer representing the insured or |
18 | | the surplus line producer is unable, after diligent |
19 | | effort, to procure the insurance from authorized insurers; |
20 | | and |
21 | | (C) where Illinois is the home state of the insured, |
22 | | for policies effective, renewed or extended on July 21, |
23 | | 2011 or later and for multiyear policies upon the policy |
24 | | anniversary that falls on or after July 21, 2011; and |
25 | | (D) that is located in Illinois, for policies |
26 | | effective prior to July 21, 2011. |
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1 | | "Taxable premium" means a premium for any risk that is |
2 | | located in or attributed to any state. |
3 | | "Unauthorized insurer" means an insurer that does not hold |
4 | | a valid
certificate of authority issued by the Director but, |
5 | | for the purposes of this
Section, shall also include a |
6 | | domestic surplus line insurer as defined in
Section 445a.
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7 | | (1.5) Procuring surplus line insurance; surplus line |
8 | | insurer requirements. |
9 | | (a) License required. Insurance producers may procure |
10 | | surplus line insurance only if licensed
as a surplus line |
11 | | producer under this Section. |
12 | | (b) Domestic and foreign insurer eligibility. Licensed |
13 | | surplus line producers may procure surplus line
insurance |
14 | | from an unauthorized insurer domiciled in any state only |
15 | | if the insurer:
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16 | | (i) is permitted in its domiciliary jurisdiction |
17 | | to write the type of insurance involved; and |
18 | |
(ii) has, based upon information available to the |
19 | | surplus
line producer,
a policyholders surplus of not |
20 | | less than $15,000,000
determined in
accordance with |
21 | | the laws of its domiciliary jurisdiction;
and
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22 | |
(iii) has standards of solvency and management |
23 | | that are adequate
for the protection of policyholders.
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24 | |
Where an unauthorized insurer does not meet the
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25 | | standards set forth
in (ii) and (iii) above, a surplus |
26 | | line producer may, if necessary, procure
insurance from |
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1 | | that insurer only if prior written warning of
such fact or
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2 | | condition is given to the insured by the insurance |
3 | | producer or surplus line
producer.
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4 | | (c) Alien insurer eligibility. Licensed surplus line |
5 | | producers may procure surplus line insurance from an |
6 | | unauthorized insurer not domiciled in any state only if |
7 | | the insurer meets the standards for unauthorized insurers |
8 | | domiciled in any state in paragraph (b) of this subsection |
9 | | (1.5) or is listed on the Quarterly Listing of Alien |
10 | | Insurers maintained by the International Insurers |
11 | | Department of the NAIC at the time of procurement. The |
12 | | Director shall make the Quarterly Listing of Alien |
13 | | Insurers available to surplus line producers without |
14 | | charge. |
15 | | (d) Prohibited transactions. Insurance producers shall |
16 | | not procure from an
unauthorized insurer an insurance |
17 | | policy: |
18 | | (i) that is designed to satisfy the
proof of |
19 | | financial responsibility and insurance requirements in |
20 | | any
Illinois law where the law requires that the proof |
21 | | of
insurance is issued by an authorized insurer or |
22 | | residual market
mechanism; |
23 | | (ii) that covers the risk of accidental injury to |
24 | | employees arising
out of and in the course of |
25 | | employment according to the provisions of the
Workers' |
26 | | Compensation Act; or |
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1 | | (iii) that insures any Illinois personal lines |
2 | | risk that is eligible
for residual market mechanism |
3 | | coverage, unless the insured or prospective
insured |
4 | | requests limits of liability greater than the limits |
5 | | provided by the
residual market mechanism. In the |
6 | | course of making a diligent effort to
procure |
7 | | insurance from authorized insurers, an insurance |
8 | | producer shall not be
required to submit a risk to a |
9 | | residual market mechanism when the risk is not
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10 | | eligible for coverage or exceeds the limits available |
11 | | in the residual market
mechanism. |
12 | | Where there is an insurance policy issued by an
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13 | | authorized insurer or residual market mechanism
insuring a |
14 | | risk described in item (i), (ii), or (iii)
above, nothing |
15 | | in this paragraph shall be construed
to prohibit a surplus |
16 | | line producer from procuring
from an unauthorized insurer |
17 | | a policy insuring the
risk on an excess or umbrella basis |
18 | | where the excess
or umbrella policy is written over one or |
19 | | more
underlying policies.
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20 | | (e) Exempt commercial purchaser diligent effort. |
21 | | Licensed surplus line producers may procure surplus line |
22 | | insurance from an unauthorized insurer for an exempt |
23 | | commercial purchaser without making the required diligent |
24 | | effort to procure the insurance from authorized insurers |
25 | | if: |
26 | | (i) the producer has disclosed to the exempt |
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1 | | commercial purchaser that such insurance may or may |
2 | | not be available from authorized insurers that may |
3 | | provide greater protection with more regulatory |
4 | | oversight; and |
5 | | (ii) the exempt commercial purchaser has |
6 | | subsequently in writing requested the producer to |
7 | | procure such insurance from an unauthorized insurer. |
8 | | (f) Commercial wholesale transaction diligent effort. |
9 | | A licensed surplus line producer may procure a surplus |
10 | | line insurance contract, other than a personal lines |
11 | | insurance contract, from an unauthorized insurer without |
12 | | making the required diligent effort to procure the |
13 | | insurance from authorized insurers if the risk was |
14 | | referred to the surplus line producer by an |
15 | | Illinois-licensed insurance producer who is not affiliated |
16 | | with the surplus line producer. |
17 | | (g) Master policy diligent effort. For a master policy |
18 | | insurance contract, a licensed surplus line producer may |
19 | | make the required diligent effort to procure the insurance |
20 | | from authorized insurers annually for the master policy |
21 | | rather than individually for each insured that is added |
22 | | during the policy period. The diligent effort shall |
23 | | include all variable provisions of the master policy. |
24 | | (h) Program business diligent effort. For program |
25 | | business, a licensed surplus line producer may make the |
26 | | required diligent effort to procure the insurance from |
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1 | | authorized insurers annually for the program rather than |
2 | | individually for each contract. The diligent effort shall |
3 | | include all variable provisions of the program master |
4 | | policy . |
5 | | (2) Surplus line producer; license. Any licensed producer |
6 | | who is a
resident of this State, or any nonresident who |
7 | | qualifies under Section
500-40, may be licensed as a surplus |
8 | | line producer upon payment of an annual license fee of $400.
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9 | | A surplus line producer so licensed shall keep a separate
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10 | | account of
the business transacted thereunder for 7 years from |
11 | | the policy effective date which shall be open at all times to |
12 | | the
inspection of the Director or his representative.
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13 | | No later than July 21, 2012, the State of Illinois shall |
14 | | participate in the national insurance producer database of the |
15 | | NAIC, or any other equivalent uniform national database, for |
16 | | the licensure of surplus line producers and the renewal of |
17 | | such licenses.
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18 | | (3) Taxes and reports.
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19 | | (a) Surplus line tax and penalty for late payment. The |
20 | | surplus line tax rate for a surplus line insurance policy |
21 | | or contract is determined as follows: |
22 | | (i) 3% for policies or contracts with an effective |
23 | | date prior to July 1, 2003; |
24 | | (ii) 3.5% for policies or contracts with an |
25 | | effective date of July 1, 2003 or later. |
26 | | A surplus line producer shall file with the Director |
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1 | | on or
before
February 1 and August 1 of each year a report |
2 | | in the form prescribed by the
Director on all surplus line |
3 | | insurance procured from unauthorized insurers and |
4 | | submitted to the Surplus Line Association of Illinois
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5 | | during the preceding
6 month period ending December 31 or |
6 | | June 30
respectively, and on the filing of such report |
7 | | shall pay to the Director
for the use and benefit of the |
8 | | State a sum equal to the surplus line tax rate multiplied |
9 | | by the
gross taxable
premiums less returned taxable |
10 | | premiums upon all surplus line insurance submitted to the |
11 | | Surplus Line Association of Illinois during the preceding |
12 | | 6 months.
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13 | | Any surplus line producer who fails to pay the full |
14 | | amount due under this
subsection is liable, in addition to |
15 | | the amount due, for such late fee,
penalty, and interest |
16 | | charges as are provided for under Section 412 of
this |
17 | | Code. The Director, through the
Attorney General, may
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18 | | institute an action in the name of the People of the State |
19 | | of Illinois, in
any court of competent jurisdiction, for |
20 | | the recovery of the amount of such
taxes, late fees, |
21 | | interest, and penalties due, and prosecute the same to |
22 | | final judgment, and take
such steps as are necessary to |
23 | | collect the same.
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24 | | (b) Fire Marshal Tax.
Each surplus line producer shall |
25 | | file with the Director on or before February 1
of each year |
26 | | a report in the form prescribed by the Director on all
fire |
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1 | | insurance procured from unauthorized insurers and |
2 | | submitted to the Surplus Line Association of Illinois |
3 | | during the previous year that is subject to tax under
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4 | | Section 12 of the Fire Investigation
Act
and shall pay to |
5 | | the Director the fire marshal tax required thereunder.
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6 | | (c) Taxes and fees charged to insured. The taxes |
7 | | imposed under this
subsection and the recording fees |
8 | | charged by the Surplus Line
Association of Illinois may be |
9 | | charged to and collected from surplus line
insureds.
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10 | | (4) (Blank).
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11 | | (5) Submission of documents to Surplus Line Association of |
12 | | Illinois.
A surplus line producer shall submit every insurance |
13 | | contract and premium-bearing endorsement
issued
under his or |
14 | | her license to the Surplus Line Association of Illinois for
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15 | | recording. The submission and recording may be
effected |
16 | | through electronic means. The submission shall set
forth:
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17 | | (a) the name of the insured;
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18 | | (b) the description and location of the insured |
19 | | property or
risk;
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20 | | (c) (blank);
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21 | | (d) the gross premiums charged or returned;
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22 | | (e) the name of the unauthorized insurer from whom |
23 | | coverage has been procured;
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24 | | (f) the kind or kinds of insurance procured; and
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25 | | (g) amount of premium subject to tax required by |
26 | | Section 12 of the Fire
Investigation Act.
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1 | | Proposals, endorsements, and other documents which are
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2 | | incidental to the insurance but which do not affect the |
3 | | premium
charged
are exempted from the submission and recording |
4 | | requirements.
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5 | | The submission of insuring contracts
to the Surplus Line |
6 | | Association of
Illinois constitutes a certification by the |
7 | | surplus line producer or by the insurance producer who |
8 | | presented the risk to the surplus line producer for
placement |
9 | | as a surplus line risk that
after diligent effort, where |
10 | | required, the required insurance could not be procured from
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11 | | authorized insurers and that
such procurement was otherwise in |
12 | | accordance with the surplus line law.
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13 | | (6) Evidence of recording required. It shall be unlawful |
14 | | for an insurance
producer to deliver any unauthorized insurer
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15 | | contract or premium-bearing endorsement unless it contains |
16 | | evidence of recording by the Surplus Line Association of
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17 | | Illinois.
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18 | | (7) Inspection of records. A surplus line producer shall
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19 | | maintain
separate records of the business transacted under his |
20 | | or her license for 7 years from the policy effective date,
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21 | | including complete copies of surplus line insurance contracts |
22 | | maintained on
paper or by electronic means, which
records |
23 | | shall be open at all times for inspection by the Director and |
24 | | by
the Surplus Line Association of Illinois.
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25 | | (8) Violations and penalties. The Director may suspend or |
26 | | revoke or
refuse to renew a surplus line producer license for |
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1 | | any violation of this Code.
In addition to or in lieu of |
2 | | suspension or revocation, the Director may
subject a surplus |
3 | | line producer
to a civil penalty of up to $2,000 for each cause |
4 | | for suspension
or
revocation. Such penalty is enforceable |
5 | | under subsection (5) of Section
403A of this Code.
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6 | | Whenever it appears to the satisfaction of the Director |
7 | | that a surplus line producer has made a documented good faith |
8 | | determination of the home state for a surplus line insurance |
9 | | contract and has paid the surplus line taxes to a state other |
10 | | than Illinois, and the Director determines that the producer's |
11 | | good faith determination was incorrect and the home state is |
12 | | Illinois, the surplus line producer may, at the discretion of |
13 | | the Director, be required to submit the contract to the |
14 | | Surplus Line Association of Illinois and pay applicable taxes |
15 | | and recording fees, but there shall be no penalty, interest, |
16 | | or late fee assessed. |
17 | | (9) Director may declare insurer ineligible. If the
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18 | | Director determines
that the further assumption of risks might |
19 | | be hazardous to the
policyholders of an unauthorized insurer, |
20 | | the Director may
order the
Surplus Line Association of
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21 | | Illinois not to accept and record insurance contracts |
22 | | evidencing insurance in
such insurer and order surplus line |
23 | | producers to cease
procuring insurance
from such insurer.
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24 | | (10) Service of process upon Director. Insurance contracts
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25 | | delivered under this Section from unauthorized insurers, other |
26 | | than domestic
surplus line insurers as defined in Section |
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1 | | 445a,
shall contain a
provision designating the
Director and |
2 | | his successors in office the true and lawful attorney of the
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3 | | insurer upon whom may be served all lawful process in any
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4 | | action, suit or
proceeding arising out of such insurance.
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5 | | Service of process made upon the Director to be valid |
6 | | hereunder must state
the name of the insured, the name of the |
7 | | unauthorized insurer
and identify
the contract of insurance. |
8 | | The Director at his option is authorized to
forward a copy of |
9 | | the process to the Surplus Line Association of Illinois
for |
10 | | delivery to the unauthorized insurer or the Director may |
11 | | deliver the process to the
unauthorized insurer by other means |
12 | | which he considers to be
reasonably
prompt and certain.
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13 | | (10.5) Required notice to policyholder. Insurance |
14 | | contracts delivered under this Section from unauthorized |
15 | | insurers, other than domestic surplus line insurers as defined |
16 | | in Section 445a, shall have stamped or imprinted on the first |
17 | | page thereof in not less than 12-pt. bold face type the |
18 | | following legend: "Notice to Policyholder: This contract is |
19 | | issued, pursuant to Section 445 of the Illinois Insurance |
20 | | Code, by a company not authorized and licensed to transact |
21 | | business in Illinois and as such is not covered by the Illinois |
22 | | Insurance Guaranty Fund." Insurance contracts delivered under |
23 | | this Section from domestic surplus line insurers as defined in |
24 | | Section 445a shall have stamped or imprinted on the first page |
25 | | thereof in not less than 12-pt. bold face type the following |
26 | | legend: "Notice to Policyholder: This contract is issued by a |
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1 | | domestic surplus line insurer, as defined in Section 445a of |
2 | | the Illinois Insurance Code, pursuant to Section 445, and as |
3 | | such is not covered by the Illinois Insurance Guaranty Fund."
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4 | | (11) Marine, aviation, and transportation. The Illinois |
5 | | Surplus Line law does not apply to insurance of
property and |
6 | | operations of railroads or aircraft engaged in interstate or
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7 | | foreign commerce, insurance of vessels, crafts or hulls, |
8 | | cargoes, marine
builder's risks, marine protection and |
9 | | indemnity, or other risks including
strikes and war risks |
10 | | insured under ocean or wet marine forms of policies.
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11 | | (12) Applicability of Illinois Insurance Code. Surplus |
12 | | line insurance procured under this Section, including
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13 | | insurance procured from a domestic surplus line insurer, is |
14 | | not subject
to the provisions of the Illinois Insurance Code |
15 | | other than Sections 123,
123.1, 401, 401.1, 402, 403, 403A, |
16 | | 408, 412, 445, 445a, 445.1, 445.2, 445.3,
445.4, and all of the |
17 | | provisions of Article XXXI to the extent that the
provisions |
18 | | of Article XXXI are not inconsistent with the terms of this |
19 | | Act.
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20 | | (Source: P.A. 102-224, eff. 1-1-22 .)".
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