Full Text of SB1718 98th General Assembly
SB1718sam002 98TH GENERAL ASSEMBLY | Sen. Ira I. Silverstein Filed: 4/10/2013
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| 1 | | AMENDMENT TO SENATE BILL 1718
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1718, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Insurance Code is amended by | 6 | | changing Sections 26 and 53 as follows:
| 7 | | (215 ILCS 5/26) (from Ch. 73, par. 638)
| 8 | | (Section scheduled to be repealed on January 1, 2017)
| 9 | | Sec. 26. Deposit. | 10 | | (a) A company subject to the provisions of this
Article | 11 | | shall make and
maintain with the Director for the protection of | 12 | | all creditors,
policyholders and policy obligations of the | 13 | | company, a deposit of
securities which are authorized | 14 | | investments under Section 126.11A(1),
126.11A(2), 126.24A(1), | 15 | | or 126.24A(2) having a
fair market value equal to the minimum | 16 | | capital and surplus required to be
maintained under Section 13.
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| 1 | | The Director may release the required deposit of securities | 2 | | upon receipt of
an order of a court having proper jurisdiction | 3 | | or upon: (i)
certification by the company that it has no | 4 | | outstanding creditors,
policyholders, or policy obligations in | 5 | | effect and no plans to engage in the
business of insurance; | 6 | | (ii) receipt of a lawful resolution of the company's
board of | 7 | | directors effecting the surrender of its articles of | 8 | | incorporation for
administrative dissolution by the Director; | 9 | | and (iii) receipt of the name and
forwarding address for each | 10 | | of the final officers and directors of the company,
together | 11 | | with a plan of dissolution approved by the Director.
| 12 | | (b) All deposits by insurers subject to this Article must | 13 | | be limited to the following types: | 14 | | (1) United States government bonds, notes, and bills | 15 | | for which the full faith and credit of the government of | 16 | | the United States is pledged for the payment of principal | 17 | | and interest. | 18 | | (2) United States public bonds and notes of any state | 19 | | or of the District of Columbia, or Canadian public bonds | 20 | | and notes of any province thereof, for which the full faith | 21 | | and credit of the issuer has been pledged for the payment | 22 | | of principal and interest. | 23 | | (3) United States and Canadian county, provincial, | 24 | | municipal, and district bonds and notes for which the | 25 | | issuer has lawful authority to levy taxes or make | 26 | | assessments for the payment of principal and interest. |
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| 1 | | (4) Bonds and notes of any federal agency that are | 2 | | guaranteed as to payment of principal and interest by the | 3 | | United States. | 4 | | (5) International development bank bonds, bonds issued | 5 | | by the State of Israel and sold through the Development | 6 | | Corporation for Israel or its successor entities, and notes | 7 | | issued, assumed, and guaranteed by the International Bank | 8 | | for Reconstruction and Development, the Inter-American | 9 | | Development Bank, the Asian Development Bank, the African | 10 | | Development Bank, or the International Finance | 11 | | Corporation. | 12 | | (6) Corporate bonds and notes of any private | 13 | | corporations that are not affiliates or subsidiaries of the | 14 | | insurer, which corporations are organized under the laws of | 15 | | the United States, Canada, any state, the District of | 16 | | Columbia, any territory or possession of the United States, | 17 | | or any province of Canada. | 18 | | (7) Certificates of deposit. | 19 | | (c) To be eligible for deposit under subsection (b), any | 20 | | bond or note must have the following characteristics: | 21 | | (1) The bond or note must be interest-bearing or | 22 | | interest-accruing, and the insurer must be the exclusive | 23 | | owner of the interest accruing thereon and entitled to | 24 | | receive the interest for its account. | 25 | | (2) The issuer must be in a solvent financial condition | 26 | | and the bond or note must not be in default. |
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| 1 | | (3) The bond, note, or debt of the issuing country must | 2 | | be rated in one of the 4 highest classifications by an | 3 | | established, nationally recognized investment rating | 4 | | service or must have been given a rating of 1 by the | 5 | | Securities Valuation Office of the National Association of | 6 | | Insurance Commissioners. | 7 | | (4) The market value of the bond or note must be | 8 | | readily ascertainable or the value of the bond or note must | 9 | | be obtainable by the insurer or its custodian from the | 10 | | issuer's fiscal agent. | 11 | | (5) The bond or note must be the direct obligation of | 12 | | the issuer. | 13 | | (6) The bond or note must be stated in United States | 14 | | dollar denominations. | 15 | | (7) The bond or note must be eligible for book-entry | 16 | | form on the books of the Federal Reserve's book-entry | 17 | | system or in a depository trust clearing system or on the | 18 | | books of the issuer's transfer agent or evidenced by a | 19 | | certificate delivered to the insurer or its custodian. | 20 | | (d) To be eligible for deposit under item (7) of subsection | 21 | | (b), a certificate of deposit must have the following | 22 | | characteristics: | 23 | | (1) The certificate of deposit must be issued by a | 24 | | bank, savings bank, or savings association that is | 25 | | organized under the laws of the United States, of this | 26 | | State, or of any other state and that has a principal |
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| 1 | | office or branch office in this State that is authorized to | 2 | | receive deposits in this State. | 3 | | (2) The certificate of deposit must be | 4 | | interest-bearing and may not be issued in discounted form. | 5 | | (3) The certificate of deposit must be issued for a | 6 | | period of not less than one year. | 7 | | (4) The issuing bank, savings bank, or savings | 8 | | association must agree to the terms and conditions of the | 9 | | Director regarding the rights to the certificate of deposit | 10 | | and must have executed a written certificate of deposit | 11 | | agreement with the Director. The terms and conditions of | 12 | | the agreement shall include, but need not be limited to: | 13 | | (A) Exclusive authorized signature authority for | 14 | | the chief financial officer. | 15 | | (B) An agreement to pay, without protest, the | 16 | | proceeds of its certificate of deposit to the Director | 17 | | within 30 business days after presentation. | 18 | | (C) A prohibition against levies, setoffs, | 19 | | survivorship, or other conditions that might hinder | 20 | | the Director's ability to recover the full face value | 21 | | of a certificate of deposit. | 22 | | (D) Instructions regarding interest payments, | 23 | | renewals, taxpayer identification, and early | 24 | | withdrawal penalties. | 25 | | (E) An agreement to be subject to the jurisdiction | 26 | | of the courts of this State, or those of the United |
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| 1 | | States that are located in this State, for the purposes | 2 | | of any litigation arising out of this Section. | 3 | | (F) Such other conditions as the Director | 4 | | requires. | 5 | | (e) The Director may refuse to accept certain securities or | 6 | | refuse to accept the reported market value of certain | 7 | | securities offered pursuant to this Section in order to ensure | 8 | | that sufficient cash and securities are on hand to meet the | 9 | | purposes of the deposit. In making a refusal under this | 10 | | subsection (e), the guidelines for use of the Director may | 11 | | include, but need not be limited to, whether the market value | 12 | | of the securities cannot be readily ascertained and the lack of | 13 | | liquidity of the securities. Securities refused under this | 14 | | subsection (e) are not acceptable as deposits. | 15 | | (f) All deposits required of a domestic insurer pursuant to | 16 | | the laws of another state, province, or country must be | 17 | | comprised of securities of the kinds required under subsection | 18 | | (b), having the characteristics required under subsections (c) | 19 | | and (d), and permitted by the laws of the other state, | 20 | | province, or country, except common stocks, mortgages or loans | 21 | | of any kind, real estate investment trust funds or programs, | 22 | | commercial paper, and letters of credit. | 23 | | (Source: P.A. 92-75, eff. 7-12-01 .)
| 24 | | (215 ILCS 5/53) (from Ch. 73, par. 665)
| 25 | | (Section scheduled to be repealed on January 1, 2017)
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| 1 | | Sec. 53. Deposit. | 2 | | (a) A company subject to the provisions of this Article | 3 | | shall make and
maintain with the Director for the protection of | 4 | | all creditors,
policyholders and policy obligations of the | 5 | | company, a deposit of
securities which are authorized | 6 | | investments under Section 126.11A(1),
126.11A(2), 126.24A(1), | 7 | | or 126.24A(2) having a
fair market value equal to the minimum | 8 | | surplus required to be maintained
under Section 43.
The | 9 | | Director may release the required deposit of securities
upon | 10 | | receipt of
an order of a court having proper jurisdiction or
| 11 | | upon: (i)
certification by the company that it has no | 12 | | outstanding creditors,
policyholders, or policy obligations in | 13 | | effect and no plans to engage in the
business of insurance; | 14 | | (ii) receipt of a lawful resolution of the company's
board of | 15 | | directors effecting the surrender of its articles of | 16 | | incorporation for
administrative dissolution by the Director; | 17 | | and (iii) receipt of the name and
forwarding address for each | 18 | | of the final officers and directors of the company,
together | 19 | | with a plan of dissolution approved by the Director.
| 20 | | (b) All deposits by insurers subject to this Article must | 21 | | be limited to the following types: | 22 | | (1) United States government bonds, notes, and bills | 23 | | for which the full faith and credit of the government of | 24 | | the United States is pledged for the payment of principal | 25 | | and interest. | 26 | | (2) United States public bonds and notes of any state |
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| 1 | | or of the District of Columbia, or Canadian public bonds | 2 | | and notes of any province thereof, for which the full faith | 3 | | and credit of the issuer has been pledged for the payment | 4 | | of principal and interest. | 5 | | (3) United States and Canadian county, provincial, | 6 | | municipal, and district bonds and notes for which the | 7 | | issuer has lawful authority to levy taxes or make | 8 | | assessments for the payment of principal and interest. | 9 | | (4) Bonds and notes of any federal agency that are | 10 | | guaranteed as to payment of principal and interest by the | 11 | | United States. | 12 | | (5) International development bank bonds, bonds issued | 13 | | by the State of Israel and sold through the Development | 14 | | Corporation for Israel or its successor entities, and notes | 15 | | issued, assumed, and guaranteed by the International Bank | 16 | | for Reconstruction and Development, the Inter-American | 17 | | Development Bank, the Asian Development Bank, the African | 18 | | Development Bank, or the International Finance | 19 | | Corporation. | 20 | | (6) Corporate bonds and notes of any private | 21 | | corporations that are not affiliates or subsidiaries of the | 22 | | insurer, which corporations are organized under the laws of | 23 | | the United States, Canada, any state, the District of | 24 | | Columbia, any territory or possession of the United States, | 25 | | or any province of Canada. | 26 | | (7) Certificates of deposit. |
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| 1 | | (c) To be eligible for deposit under subsection (b), any | 2 | | bond or note must have the following characteristics: | 3 | | (1) The bond or note must be interest-bearing or | 4 | | interest-accruing, and the insurer must be the exclusive | 5 | | owner of the interest accruing thereon and entitled to | 6 | | receive the interest for its account. | 7 | | (2) The issuer must be in a solvent financial condition | 8 | | and the bond or note must not be in default. | 9 | | (3) The bond, note, or debt of the issuing country must | 10 | | be rated in one of the 4 highest classifications by an | 11 | | established, nationally recognized investment rating | 12 | | service or must have been given a rating of 1 by the | 13 | | Securities Valuation Office of the National Association of | 14 | | Insurance Commissioners. | 15 | | (4) The market value of the bond or note must be | 16 | | readily ascertainable or the value of the bond or note must | 17 | | be obtainable by the insurer or its custodian from the | 18 | | issuer's fiscal agent. | 19 | | (5) The bond or note must be the direct obligation of | 20 | | the issuer. | 21 | | (6) The bond or note must be stated in United States | 22 | | dollar denominations. | 23 | | (7) The bond or note must be eligible for book-entry | 24 | | form on the books of the Federal Reserve's book-entry | 25 | | system or in a depository trust clearing system or on the | 26 | | books of the issuer's transfer agent or evidenced by a |
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| 1 | | certificate delivered to the insurer or its custodian. | 2 | | (d) To be eligible for deposit under item (7) of subsection | 3 | | (b), a certificate of deposit must have the following | 4 | | characteristics: | 5 | | (1) The certificate of deposit must be issued by a | 6 | | bank, savings bank, or savings association that is | 7 | | organized under the laws of the United States, of this | 8 | | State, or of any other state and that has a principal | 9 | | office or branch office in this State that is authorized to | 10 | | receive deposits in this State. | 11 | | (2) The certificate of deposit must be | 12 | | interest-bearing and may not be issued in discounted form. | 13 | | (3) The certificate of deposit must be issued for a | 14 | | period of not less than one year. | 15 | | (4) The issuing bank, savings bank, or savings | 16 | | association must agree to the terms and conditions of the | 17 | | Director regarding the rights to the certificate of deposit | 18 | | and must have executed a written certificate of deposit | 19 | | agreement with the Director. The terms and conditions of | 20 | | the agreement shall include, but need not be limited to: | 21 | | (A) Exclusive authorized signature authority for | 22 | | the chief financial officer. | 23 | | (B) An agreement to pay, without protest, the | 24 | | proceeds of its certificate of deposit to the Director | 25 | | within 30 business days after presentation. | 26 | | (C) A prohibition against levies, setoffs, |
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| 1 | | survivorship, or other conditions that might hinder | 2 | | the Director's ability to recover the full face value | 3 | | of a certificate of deposit. | 4 | | (D) Instructions regarding interest payments, | 5 | | renewals, taxpayer identification, and early | 6 | | withdrawal penalties. | 7 | | (E) An agreement to be subject to the jurisdiction | 8 | | of the courts of this State, or those of the United | 9 | | States that are located in this State, for the purposes | 10 | | of any litigation arising out of this Section. | 11 | | (F) Such other conditions as the Director | 12 | | requires. | 13 | | (e) The Director may refuse to accept certain securities or | 14 | | refuse to accept the reported market value of certain | 15 | | securities offered pursuant to this Section in order to ensure | 16 | | that sufficient cash and securities are on hand to meet the | 17 | | purposes of the deposit. In making a refusal under this | 18 | | subsection (e), the guidelines for use of the Director may | 19 | | include, but need not be limited to, whether the market value | 20 | | of the securities cannot be readily ascertained and the lack of | 21 | | liquidity of the securities. Securities refused under this | 22 | | subsection (e) are not acceptable as deposits. | 23 | | (f) All deposits required of a domestic insurer pursuant to | 24 | | the laws of another state, province, or country must be | 25 | | comprised of securities of the kinds required under subsection | 26 | | (b), having the characteristics required under subsections (c) |
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| 1 | | and (d), and permitted by the laws of the other state, | 2 | | province, or country, except common stocks, mortgages or loans | 3 | | of any kind, real estate investment trust funds or programs, | 4 | | commercial paper, and letters of credit. | 5 | | (Source: P.A. 92-75, eff. 7-12-01 .)".
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