Illinois General Assembly - Full Text of SB1286
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Full Text of SB1286  100th General Assembly


Sen. John G. Mulroe

Filed: 4/4/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 1286 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Insurance Code is amended by
5changing Sections 121-2.08, 123C-1, 123C-2, 123C-3, 123C-9,
6123C-11, 123C-12, 123C-13, 123C-16, 123C-17, 123C-19, and 445
7and by adding Sections 123C-23, 123C-24, 123C-25, 123C-26,
8123C-27, and 123C-28 as follows:
9    (215 ILCS 5/121-2.08)  (from Ch. 73, par. 733-2.08)
10    Sec. 121-2.08. Transactions in this State involving
11contracts of insurance independently procured directly from an
12unauthorized insurer by industrial insureds.
13    (a) As used in this Section:
14    "Exempt commercial purchaser" means exempt commercial
15purchaser as the term is defined in subsection (1) of Section
16445 of this Code.



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1    "Home state" means home state as the term is defined in
2subsection (1) of Section 445 of this Code.
3    "Industrial insured" means an insured:
4        (i) that procures the insurance of any risk or risks of
5    the kinds specified in Classes 2 and 3 of Section 4 of this
6    Code by use of the services of a full-time employee who is
7    a qualified risk manager or the services of a regularly and
8    continuously retained consultant who is a qualified risk
9    manager;
10        (ii) that procures the insurance directly from an
11    unauthorized insurer without the services of an
12    intermediary insurance producer; and
13        (iii) that is an exempt commercial purchaser whose home
14    state is Illinois.
15    "Insurance producer" means insurance producer as the term
16is defined in Section 500-10 of this Code.
17    "Qualified risk manager" means qualified risk manager as
18the term is defined in subsection (1) of Section 445 of this
20    "Unauthorized insurer" means unauthorized insurer as the
21term is defined in subsection (1) of Section 445 of this Code.
22    (b) For contracts of insurance effective January 1, 2015 or
23later, within 90 days after the effective date of each contract
24of insurance issued under this Section, the insured shall file
25a report with the Director by submitting the report to the
26Surplus Line Association of Illinois in writing or in a



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1computer readable format and provide information as designated
2by the Surplus Line Association of Illinois. The information in
3the report shall be substantially similar to that required for
4surplus line submissions as described in subsection (5) of
5Section 445 of this Code. Where applicable, the report shall
6satisfy, with respect to the subject insurance, the reporting
7requirement of Section 12 of the Fire Investigation Act.
8    (c) For contracts of insurance effective January 1, 2015 or
9later, within 30 days after filing the report, the insured
10shall pay to the Director for the use and benefit of the State
11a sum equal to the gross premium of the contract of insurance
12multiplied by the surplus line tax rate, as described in
13paragraph (3) of subsection (a) of Section 445 of this Code,
14and shall pay the fire marshal tax that would otherwise be due
15annually in March for insurance subject to tax under Section 12
16of the Fire Investigation Act. For contracts of insurance
17effective January 1, 2015 or later, within 30 days after filing
18the report, the insured shall pay to the Surplus Line
19Association of Illinois a countersigning fee that shall be
20assessed at the same rate charged to members pursuant to
21subsection (4) of Section 445.1 of this Code.
22    (d) For contracts of insurance effective January 1, 2015 or
23later, the insured shall withhold the amount of the taxes and
24countersignature fee from the amount of premium charged by and
25otherwise payable to the insurer for the insurance. If the
26insured fails to withhold the tax and countersignature fee from



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1the premium, then the insured shall be liable for the amounts
2thereof and shall pay the amounts as prescribed in subsection
3(c) of this Section.
4    (e) Contracts of insurance with an industrial insured that
5qualifies as a Safety-Net Hospital are not subject to
6subsections (b) through (d) of this Section.
7(Source: P.A. 98-978, eff. 1-1-15.)
8    (215 ILCS 5/123C-1)  (from Ch. 73, par. 735C-1)
9    (Section scheduled to be repealed on January 1, 2027)
10    Sec. 123C-1. Definitions. As used in this Article:
11    A. "Affiliate" or "Affiliated company" includes a parent
12entity that controls a captive insurance company and:
13        (1) is an affiliate of another entity if the entity
14    directly or indirectly, through one or more
15    intermediaries, controls, is controlled by, or is under
16    common control with the other entity.
17        (2) is an affiliate of another entity if the entity is
18    an affiliate of and is controlled by the other entity
19    directly or indirectly through one or more intermediaries.
20A subsidiary or holding company of an entity is an affiliate of
21that entity. shall have the meaning set forth in subsection (a)
22of Section 131.1 (and, for purposes of such definition, the
23definitions of "control" and "person", as set forth in
24subsections (b) and (e) of Section 131.1, respectively, shall
25be applicable).



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1    B. "Association" means any entity meeting the requirements
2set forth in either of the following paragraphs (1), (2) or
4        (1) any organized association of individuals, legal
5    representatives, corporations (whether for profit or not
6    for profit), partnerships, trusts, associations, units of
7    government or other organizations, or any combination of
8    the foregoing, that has been in continuous existence for at
9    least one year, the member organizations of which
10    collectively:
11            (a) own, control, or hold with power to vote
12        (directly or indirectly) all of the outstanding voting
13        securities of an association captive insurance company
14        incorporated as a stock insurer; or
15            (b) have complete voting control (directly or
16        indirectly) over an association captive insurance
17        company organized as a mutual insurer;
18        (2) any organized association of individuals, legal
19    representatives, corporations (whether for profit or not
20    for profit), partnerships, trusts, associations, units of
21    government or other organizations, or any combination of
22    the foregoing:
23            (a) whose member organizations are engaged in
24        businesses or activities similar or related with
25        respect to the liability of which such members are
26        exposed by virtue of any related, similar, or common



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1        business, trade, product, services, premises, or
2        operations; and
3            (b) whose member organizations:
4                (i) directly or indirectly own or control, and
5            hold with power to vote, at least 80% of all of the
6            outstanding voting securities of an association
7            captive insurance company incorporated as a stock
8            insurer; or
9                (ii) directly or indirectly have at least 80%
10            of the voting control over an association captive
11            insurance company organized as a mutual insurer;
12            or
13        (3) any risk retention group, as defined in subsection
14    (11) of Section 123B-2, domiciled in this State and
15    organized under this Article; however, beginning 6 months
16    after the effective date of this amendatory Act of 1995, a
17    risk retention group shall no longer qualify as an
18    association under this Article.
19    Provided, however, that with respect to each of the
20associations described in paragraphs (1), (2) and (3) above, no
21member organization may (i) own, control, or hold with power to
22vote in excess of 25% of the voting securities of an
23association captive insurance company incorporated as a stock
24insurer, or (ii) have more than 25% of the voting control of an
25association captive insurance company organized as a mutual



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1    C. "Association captive insurance company" means any
2company that insures risks of (i) the member organizations of
3an association, and (ii) their affiliated companies.
4    D. "Captive insurance company" means any pure captive
5insurance company, association captive insurance company or
6industrial insured captive insurance company organized under
7the provisions of this Article.
8    E. "Director" means the Director of the Department of
10    F. "Industrial insured" means an insured which (together
11with its affiliates) at the time of its initial procurement of
12insurance from an industrial insured captive insurance
14        (1) has available to it advice with respect to the
15    purchase of insurance through the use of the services of a
16    full-time employee acting as an insurance manager or buyer
17    or the services of a regularly and continuously retained
18    qualified insurance consultant; and
19        (2) pays aggregate annual premiums in excess of
20        $100,000 for insurance on all risks except for life,
21        accident and health; and
22        (3) either (i) has at least 25 full-time employees, or
23    (ii) has gross assets in excess of $3,000,000, or (iii) has
24    annual gross revenues in excess of $5,000,000.
25    G. "Industrial insured captive insurance company" means
26any company that insures risks of industrial insureds that are



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1members of the industrial insured group, and their affiliated
3    H. "Industrial insured group" means any group of industrial
4insureds that collectively:
5        (1) directly or indirectly (including ownership or
6    control through a company which is wholly owned by such
7    group of industrial insureds) own or control, and hold with
8    power to vote, all of the outstanding voting securities of
9    an industrial insured captive insurance company
10    incorporated as a stock insurer; or
11        (2) directly or indirectly (including control through
12    a company which is wholly owned by such group of industrial
13    insureds) have complete voting control over an industrial
14    insured captive insurance company organized as a mutual
15    insurer; provided, however, that no member organization
16    may (i) own, control, or hold with power to vote in excess
17    of 25% of the voting securities of an industrial insured
18    captive insurance company incorporated as a stock insurer,
19    or (ii) have more than 25% of the voting control of an
20    industrial insured captive insurance company organized as
21    a mutual insurer.
22    I. "Member organization" means any individual, legal
23representative, corporation (whether for profit or not for
24profit), partnership, association, unit of government, trust
25or other organization that belongs to an association or an
26industrial insured group.



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1    J. "Parent" means a corporation, partnership, individual
2or other legal entity that directly or indirectly owns,
3controls, or holds with power to vote more than 50% of the
4outstanding voting securities of a company.
5    K. "Personal risk liability" means liability to other
6persons for (i) damage because of injury to any person, (ii)
7damage to property, or (iii) other loss or damage, in each case
8resulting from any personal, familial, or household
9responsibilities or activities, but does not include legal
10liability for damages (including costs of defense, legal costs
11and fees, and other claims expenses) because of injuries to
12other persons, damage to their property, or other damage or
13loss to such other persons resulting from or arising out of:
14        (i) any business (whether for profit or not for
15    profit), trade, product, services (including professional
16    services), premises, or operations; or
17        (ii) any activity of any state or local government, or
18    any agency or political subdivision thereof.
19    L. "Pure captive insurance company" means any company that
20insures only risks of its parent or affiliated companies or
22    M. "Unit of government" includes any state, regional or
23local government, or any agency or political subdivision
24thereof, or any district, authority, public educational
25institution or school district, public corporation or other
26unit of government in this State or any similar unit of



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1government in any other state.
2    N. "Control" means the power to direct, or cause the
3direction of, the management and policies of an entity, other
4than the power that results from an official position with or
5corporate office held in the entity. The power may be possessed
6directly or indirectly by any means, including through the
7ownership of voting securities or by contract, other than a
8commercial contract for goods or non-management services.
9    O. "Qualified independent actuary" means a person that is
11        (1) a member in good standing with the Casualty
12    Actuarial Society; or
13        (2) a member in good standing with the American Academy
14    of Actuaries who has been approved as qualified for signing
15    casualty loss reserve opinions by the Casualty Practice
16    Council of the American Academy of Actuaries.
17    P. "Controlled unaffiliated business" means an entity:
18        (1) that is not an affiliate;
19        (2) that has an existing contractual relationship with
20    an affiliate under which the affiliate bears a potential
21    financial loss; and
22        (3) whose risks are managed by a captive insurance
23    company under Section 123C-24 of this Code.
24    Q. "Operational risk" means any potential financial loss of
25an affiliate, except for a loss arising from an insurance
26policy issued by a captive or insurance affiliate.



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1    R. "Captive management company" means an entity providing
2administrative services to a captive insurance company.
3    S. "Safety-Net Hospital" means an Illinois hospital that
4qualifies as a Safety-Net Hospital under Section 5-5e.1 of the
5Illinois Public Aid Code.
6(Source: P.A. 89-97, eff. 7-7-95; 90-794, eff. 8-14-98.)
7    (215 ILCS 5/123C-2)  (from Ch. 73, par. 735C-2)
8    (Section scheduled to be repealed on January 1, 2027)
9    Sec. 123C-2. Authority of captives; restrictions.
10    A. Except as provided by this Section, a captive insurance
11company may write any type of insurance, but may only insure
12the operational risks of the company's affiliates and risks of
13a controlled unaffiliated business. Any captive insurance
14company, when permitted by its articles of association or
15charter, may apply to the Director for a certificate of
16authority to transact any and all insurance in classes 2 and 3
17of Section 4 of this Code, except that:
18        (1) no pure captive insurance company may insure any
19    risks other than those of its parent and affiliated
20    companies;
21        (2) no association captive insurance company may
22    insure any risks other than those of the member
23    organizations of its association, and their affiliated
24    companies;
25        (3) no industrial insured captive insurance company



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1    may insure any risks other than those of the members of the
2    industrial insured group, and their affiliated companies;
3    and
4        (4) no captive insurance company may provide:
5            (i) personal motor vehicle coverage or homeowner's
6        insurance coverage or any component thereof, or
7            (ii) personal coverage for personal risk
8        liability, or
9            (iii) coverage for an employer's liability to its
10        employees other than legal liability under the federal
11        Employers' Liability Act (45 U.S.C. 51 et seq.),
12        provided, however, this exclusion does not preclude
13        reinsurance of such employer's liability, or
14            (iv) accident and health insurance as provided in
15        clause (a) of Class 2 of Section 4, provided, however,
16        this exclusion does not preclude stop-loss insurance
17        or reinsurance of a single employer self-funded
18        employee disability benefit plan or an employee
19        welfare plan as described in 29 U.S.C. 1001 et seq.
20    A-5. A captive insurance company may not issue:
21        (1) life insurance;
22        (2) annuities;
23        (3) accident and health insurance for the company's
24    parent and affiliates, except to insure employee benefits
25    that are subject to the federal Employee Retirement Income
26    Security Act of 1974;



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1        (4) title insurance;
2        (5) mortgage guaranty insurance;
3        (6) financial guaranty insurance;
4        (7) residential property insurance;
5        (8) personal automobile insurance; or
6        (9) workers' compensation insurance.
7    A-10. A captive insurance company may not issue a type of
8insurance, including automobile liability insurance, that is
9required under the laws of this State or a political
10subdivision of this State as a prerequisite for obtaining a
11license or permit if the law requires that the liability
12insurance be issued by an insurer authorized to engage in the
13business of insurance in this State.
14    A-15. A captive insurance company is authorized to issue a
15contractual reimbursement policy to:
16        (1) an affiliated certified self-insurer authorized
17    under the Workers' Compensation Act or a similar affiliated
18    entity expressly authorized by analogous laws of another
19    state; or
20        (2) an affiliate that is insured by a workers'
21    compensation insurance policy with a negotiated deductible
22    endorsement.
23    B. No captive insurance company shall do any insurance
24business in this State unless:
25        (1) it first obtains from the Director a certificate of
26    authority authorizing it to do such insurance business in



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1    this State; and
2        (2) it appoints a resident registered agent to accept
3    service of process and to otherwise act on its behalf in
4    this State.
5    C. No captive insurance company shall adopt a name that is
6the same as, deceptively similar to, or likely to be confused
7with or mistaken for, any other existing business name
8registered in this State.
9    D. Each captive insurance company, or the organizations
10providing the principal administrative or management services
11to such captive insurance company, shall maintain a place of
12business in this State.
13(Source: P.A. 91-357, eff. 7-29-99.)
14    (215 ILCS 5/123C-3)  (from Ch. 73, par. 735C-3)
15    (Section scheduled to be repealed on January 1, 2027)
16    Sec. 123C-3. Minimum capital and surplus.
17    A. The Department may not issue a certificate of authority
18to a captive insurance company unless the company possesses and
19maintains unencumbered capital and surplus in an amount
20determined by the Director after considering:
21        (1) the amount of premium written by the captive
22    insurance company;
23        (2) the characteristics of the assets held by the
24    captive insurance company;
25        (3) the terms of reinsurance arrangements entered into



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1    by the captive insurance company;
2        (4) the type of business covered in policies issued by
3    the captive insurance company;
4        (5) the underwriting practices and procedures of the
5    captive insurance company; and
6        (6) any other criteria that has an impact on the
7    operations of the captive insurance company determined to
8    be significant by the Director. No pure captive insurance
9    company, association captive insurance company
10    incorporated as a stock insurer, or industrial insured
11    captive insurance company incorporated as a stock insurer
12    shall be issued a certificate of authority unless it shall
13    possess and thereafter maintain unimpaired paid-in capital
14    of not less than the minimum capital requirement applicable
15    to the class or classes and clause or clauses of Section 4
16    describing the kind or kinds of insurance which such
17    captive insurance company is authorized to write, as set
18    forth in subsection (1) of Section 13.
19    B. The amount of capital and surplus determined by the
20Director under subsection A of this Section may not be less
21than $250,000 for a pure captive insurance company, $500,000
22for an industrial insured captive insurance company, and
23$750,000 for an association captive insurance company. Such
24capital may be in the form of (1) all cash or cash equivalents;
25or (2) cash or cash equivalents representing at least 20% of
26the requisite capital, together with an irrevocable letter of



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1credit for the remainder of the requisite capital, which letter
2of credit must (a) be approved by the Director, (b) be issued
3or unconditionally confirmed by (i) a bank chartered by this
4State, (ii) a member bank of the Federal Reserve System or
5(iii) a United States office of a foreign banking corporation
6that is: (A) licensed under the laws of the United States or
7any state thereof, (B) regulated, supervised and examined by
8United States federal or state authorities having regulatory
9authority over banks and trust companies, and (C) designated by
10the Securities Valuation Office of the National Association of
11Insurance Commissioners as meeting its credit standards for
12issuing or confirming letters of credit or, in the event that
13the Director elects to establish credit standards by rule, in
14compliance with rules promulgated by the Director establishing
15reasonable standards of safety and soundness substantially
16equivalent to those of the Securities Valuation Office of the
17National Association of Insurance Commissioners, and (c)
18satisfy the requirements of Section 123C-19; or (3) cash or
19cash equivalents representing at least 33% of the requisite
20capital, together with irrevocable contractual obligations of
21the member organizations of the captive insurance company for
22the payment of the remainder of the requisite capital in no
23more than 3 equal installments in each of the 3 calendar years
24following the date of the grant of the certificate of authority
25to the captive insurance company, which irrevocable
26contractual obligations shall by contract be subject to



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1acceleration (in a manner acceptable to the Director) by the
2Company at the direction of the Director and shall be secured
3by a letter of credit or other form of guarantee or security
4acceptable to the Director.
5    C. The capital and surplus required by subsection A of this
6Section must be in the form of:
7        (1) United States currency;
8        (2) an irrevocable letter of credit, in a form approved
9    by the Director and not secured by a guarantee from an
10    affiliate, naming the Director as beneficiary for the
11    security of the captive insurance company's policyholders
12    and issued by a bank approved by the Director;
13        (3) bonds of this State; or
14        (4) bonds or other evidences of indebtedness of the
15    United States, the principal and interest of which are
16    guaranteed by the United States.
17(Source: P.A. 86-632.)
18    (215 ILCS 5/123C-9)  (from Ch. 73, par. 735C-9)
19    (Section scheduled to be repealed on January 1, 2027)
20    Sec. 123C-9. Reports, statements and mandatory reserves.
21    A. Captive insurance companies shall not be required to
22make any annual report except as provided in this Article.
23    B. (1) On or before Prior to March 1 of each year, each
24captive insurance company shall submit to the Director a report
25of its financial condition, verified by oath of 2 of its



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1executive officers and including (i) a balance sheet reporting
2assets, liabilities, capital and surplus, (ii) a statement of
3gain or loss from operations, (iii) a statement of changes in
4financial position, (iv) a statement of changes in capital and
5surplus, and (v) in the case of industrial insured captive
6insurance companies, an analysis of loss reserve development,
7information on risks ceded and assumed under reinsurance
8agreements, on forms prescribed by the Director, and a schedule
9of its invested assets on forms prescribed by the Director, and
10(vi) a statement of actuarial opinion by a qualified
11independent actuary concerning the reasonableness of the
12captive insurance company's loss and loss adjustment expense
13reserves in such form and of such content as specified in the
14National Association of Insurance Commissioners Annual
15Statement Instructions: Property and Casualty.
16    (2) In addition, prior to March 1 of each year, each
17association captive insurance company shall submit to the
18Director such additional data or information, which the
19Director may from time to time require, on a form specified by
20the Director.
21    (3) On or before June 1 of each year, each captive
22insurance company shall submit to the Director a report of its
23financial condition at last year's end with an independent
24certified public accountant's opinion of the company's
25financial condition. Prior to June 1 of each year, each
26association and industrial insured captive insurance company



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1shall submit to the Director a report of its financial
2condition, certified by a recognized firm of independent public
3accountants acceptable to the Director and including the items
4referred to in items (i), (ii), (iii) and (iv) of paragraph (1)
5of this subsection B.
6    (4) Unless the Director permits otherwise, the reports of
7financial condition referred to in paragraphs (1) and (3) of
8this subsection B are to be prepared in accordance with the
9Accounting Practices and Procedures Manual adopted by the
10National Association of Insurance Commissioners. The Director
11shall have authority to extend the time for filing any report
12or statement by any company for reasons which he considers good
13and sufficient.
14    C. In addition, any captive insurance company may be
15required by the Director, when he considers such action to be
16necessary and appropriate for the protection of policyholders,
17creditors, shareholders or claimants, to file, within 60 days
18after mailing to the company of a notice that such is required,
19a supplemental summary statement as of the last day of any
20calendar month occurring during the 100 days next preceding the
21mailing of such notice designated by him on forms prescribed
22and furnished by the Director. No company shall be required to
23file more than 4 supplemental summary statements during any
24consecutive 12 month period.
25    D. Every captive insurance company shall, at all times,
26maintain reserves in an amount estimated in the aggregate to



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1provide for the payment of all losses and claims incurred,
2whether reported or unreported, which are unpaid and for which
3such company may be liable, and to provide for the expenses of
4adjustment or settlement of such losses and claims. The
5aggregate reserves shall be reduced by reinsurance ceded which
6meets the requirements of Section 123C-13. For the purpose of
7such reserves, the company shall keep a complete and itemized
8record showing all losses and claims on which it has received
9notice, including all notices received by it of the occurrence
10of any event which may result in a loss. Such record shall be
11opened in chronological receipt order, with each notice of loss
12or claim identified by appropriate number or coding.
13    E. Every captive insurance company shall maintain an
14unearned premium reserve on all policies in force which reserve
15shall be charged as a liability. The portions of the gross
16premiums in force, after deducting reinsurance qualifying
17under Section 123C-13, which shall be held as a premium
18reserve, shall never be less in the aggregate than the
19company's actual liability to all its insureds for the return
20of gross unearned premiums. In the calculation of the company's
21actual liability to all its insureds, the reserve shall be
22computed pursuant to the method commonly referred to as the
23monthly pro rata method; provided, however, that the Director
24may require that such reserve shall be equal to the unearned
25portions of the gross premiums in force, after deducting
26reinsurance qualifying under Section 123C-13, in which case the



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1reserve shall be computed on each respective risk from the date
2of the issuance of the policy.
3    E-5. A captive insurance company may make a written
4application to the Director for filing its annual report
5required under this Section on a fiscal year's end. If an
6alternative filing date is granted, the company shall file:
7        (1) the annual report, including a statement of
8    actuarial opinion by a qualified independent actuary
9    concerning the reasonableness of the captive insurance
10    company's loss and loss adjustment expense reserves in such
11    form and of such content as specified in the National
12    Association of Insurance Commissioners Annual Statement
13    Instructions: Property and Casualty, no later than the 60th
14    day after the date of the company's fiscal year's end;
15        (2) the report of its financial condition at last
16    year's end with an independent certified public
17    accountant's opinion of the company's financial condition;
18    and
19        (3) its balance sheet, income statement, and statement
20    of cash flows, verified by 2 of its executive officers,
21    before March 1 of each year to provide sufficient detail to
22    support a premium tax return.
23    F. The reports required by this Section shall be prepared
24and filed on a calendar year basis.
25    G. Notwithstanding the requirements of this Section, a
26captive insurance company may prepare and issue financial



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1statements prepared in accordance with generally accepted
2accounting principles.
3(Source: P.A. 85-131; 86-1155; 86-1156.)
4    (215 ILCS 5/123C-11)  (from Ch. 73, par. 735C-11)
5    (Section scheduled to be repealed on January 1, 2027)
6    Sec. 123C-11. Grounds and procedures for suspension or
7revocation of certificate of authority.
8    A. The certificate of authority of a captive insurance
9company to do an insurance business in this State may be
10suspended or revoked by the Director for any of the following
12        (1) insolvency or impairment of required capital or
13    surplus to policy holders;
14        (2) failure to meet the requirements of Sections 123C-3
15    or 123C-4;
16        (3) refusal or failure to submit an annual report, as
17    required by Section 123C-9, or any other report or
18    statement required by law or by lawful order of the
19    Director;
20        (4) failure to comply with the provisions of its own
21    charter or bylaws (or, in the case of an industrial insured
22    captive, with the provisions of the investment policy set
23    forth in its plan of operation as approved from time to
24    time by the Director);
25        (5) failure to submit to examination or any legal



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1    obligation relative thereto, as required by Section
2    123C-10;
3        (6) refusal or failure to pay expenses, and charges,
4    and taxes as required by Sections 408, 409, 123C-10, and
5    123C-17;
6        (7) use of methods that, although not otherwise
7    specifically prohibited by law, nevertheless render its
8    operation detrimental or its condition unsound with
9    respect to the public or to its policyholders; or
10        (8) failure otherwise to comply with the laws of this
11    State.
12    B. If the Director finds, upon examination, hearing, or
13other evidence, that any captive insurance company has
14committed any of the acts specified in subsection A, he may
15suspend or revoke such certificate of authority if he deems it
16in the best interest of the public and the policyholders of
17such captive insurance company, notwithstanding any other
18provision of this Article.
19    C. The provisions of Articles XIII and XIII 1/2 shall apply
20to and govern the conservation, rehabilitation, liquidation
21and dissolution of captive insurance companies.
22(Source: P.A. 85-131.)
23    (215 ILCS 5/123C-12)  (from Ch. 73, par. 735C-12)
24    (Section scheduled to be repealed on January 1, 2027)
25    Sec. 123C-12. Legal investments.



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1    A. The provisions of Article VIII and of Sections 131.2 and
2131.3 shall apply to association captive insurance companies.
3    B. No pure captive insurance company or industrial insured
4captive insurance company shall be subject to any restrictions
5on allowable investments whatever, including those limitations
6contained in Articles VIII and VIII 1/2; provided, however,
7that the Director may prohibit or limit any investment or type
8of investment that threatens the solvency or liquidity of any
9such company; and provided further that an industrial insured
10captive insurance company must adhere to the investment policy
11set forth in its plan of operation as approved from time to
12time by the Director.
13    C. A captive insurance company may make loans to its
14affiliates with the prior approval of the Director. Each loan
15must be evidenced by a note approved by the Director. A captive
16insurance company may not make a loan of the minimum capital
17and surplus funds required by this Article.
18    D. The Director may prohibit or limit an investment that
19threatens the solvency or liquidity of a captive insurance
21(Source: P.A. 85-131.)
22    (215 ILCS 5/123C-13)  (from Ch. 73, par. 735C-13)
23    (Section scheduled to be repealed on January 1, 2027)
24    Sec. 123C-13. Reinsurance.
25    A. Any captive insurance company may provide reinsurance on



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1risks ceded by any other insurer; provided, however, that the
2risks so assumed are the same as the captive insurance company
3could legally insure on a direct basis.
4    The provisions of Section 174.1 shall not apply to any
5captive insurance company providing reinsurance.
6    B. Subject to the provisions of Article XI, any captive
7insurance company may cede, and may take credit for in the
8establishment of reserves, all or any part of its risks.
9Furthermore, in addition to Section 173.1, any pure or
10industrial insured captive insurance company may take credit,
11as either an asset or a deduction from liability, for
12reinsurance so ceded to the extent:
13        (1) The reinsurer satisfies all of the following (a)
14    through (g):
15            (a) the principal business of the reinsurer (other
16        than investments in subsidiaries and other investment
17        activities) is to accept reinsurance from captive
18        insurance companies organized under Article VIIC, of
19        which the company accepting the reinsurance directly
20        or indirectly owns, controls, or holds with power to
21        vote more than 80% of the outstanding voting securities
22        if organized as a stock company or more than 80% of the
23        voting control if organized as a mutual company and to
24        provide insurance related services;
25            (b) is licensed to transact insurance or
26        reinsurance in its jurisdiction of domicile;



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1            (c) submits to this State's authority to examine
2        its books and records and agrees to pay the cost
3        thereof;
4            (d) files annually with the Director a copy of its
5        most recent audited financial statements;
6            (e) maintains a surplus as regards policyholders
7        in an amount that is not less than $20,000,000;
8            (f) files with the Department the following:
9                (i) evidence of its submission to the
10            jurisdiction of any court of competent
11            jurisdiction in any state of the United States and
12            its agreement to comply with all requirements
13            necessary to give the court jurisdiction and to
14            abide by the final decision of the court or of any
15            appellate court in the event of an appeal; and
16                (ii) an instrument designating the Director or
17            a designated attorney as its true and lawful
18            attorney upon whom may be served any lawful process
19            in any action, suit, or proceeding instituted by or
20            on behalf of the ceding company;
21            (g) has not been the subject of an order of the
22        Director entered after notice and hearing prohibiting
23        the reinsurer from utilizing this paragraph (1); or
24        (2) the taking of credit by the captive insurance
25    company has otherwise received the prior approval of the
26    Director.



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1    C. A captive insurance company shall provide notice to the
2Director of a reinsurance agreement to which the company
3becomes a party not later than the 30th day after the date of
4the execution of the agreement.
5    D. A captive insurance company shall provide notice of a
6termination of a previously filed reinsurance agreement to the
7Director not later than the 30th day after the date of
9    E. Notwithstanding Section 123C-15 of this Code, a captive
10insurance company, with the Director's approval, may accept
11risks from and cede risks to or take credit for reserves on
12risks ceded to:
13        (1) a captive reinsurance pool composed only of other
14    captive insurance companies holding a certificate of
15    authority under this Article or a similar law of another
16    jurisdiction; or
17        (2) an affiliated captive insurance company holding a
18    certificate of authority under this Article or a similar
19    law of another jurisdiction.
20(Source: P.A. 87-108.)
21    (215 ILCS 5/123C-16)  (from Ch. 73, par. 735C-16)
22    (Section scheduled to be repealed on January 1, 2027)
23    Sec. 123C-16. Tax.
24    A. Every captive insurance company organized under the
25provisions of this Article and doing business in this State



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1shall, for the privilege of doing business in this State, pay
2to the Director for the State treasury the State tax imposed
3under Section 409 to the same extent and in the same manner as
4a domestic insurance company using a tax form prescribed by the
5Director on or before March 15 of each year.
6    B. Domestic captive insurance companies shall be insurance
7companies subject to the rules now provided for such companies
8under the Illinois Income Tax Act.
9    C. A domestic captive insurance company that has engaged
10one or more administrative or management service organizations
11in order to comply with subsection D of Section 123C-2 shall be
12deemed to meet the requirements of Section 409(4)(a) through
13(d) provided that the company and such organizations when
14viewed collectively as a group:
15        (a) maintain a place of business in this State; and
16        (b) maintain in this State personnel knowledgeable of
17    and responsible for the company's operations, books,
18    records, administration and annual statement; and
19        (c) conduct in this State substantially all of the
20    company's underwriting, policy issuing and servicing
21    operations relating to the company's policyholders and
22    certificate holders; and
23        (d) comply with the provisions of Section 133(2) with
24    respect to such domestic captive insurance company's
25    books, records, documents, accounts, vouchers and
26    securities.



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1    D. Annually, 15% of the premium tax revenues collected
2pursuant to this Section shall be transferred to the Department
3for the regulation of captive insurance companies under this
5(Source: P.A. 86-632; 86-634.)
6    (215 ILCS 5/123C-17)  (from Ch. 73, par. 735C-17)
7    (Section scheduled to be repealed on January 1, 2027)
8    Sec. 123C-17. Fees.
9    A. The Director shall charge, collect, and give proper
10acquittances for the payment of the following fees and charges
11with respect to a captive insurance company:
12        1. For filing all documents submitted for the
13    incorporation or organization or certification of a
14    captive insurance company, $2,000 $7,000.
15        2. For filing requests for approval of changes in the
16    elements of a plan of operations, $200.
17    B. Except as otherwise provided in subsection A of this
18Section and in Section 123C-10, the provisions of Section 408
19shall apply to captive insurance companies.
20    C. Any funds collected from captive insurance companies
21pursuant to this Section shall be treated in the manner
22provided in subsection (11) of Section 408.
23(Source: P.A. 93-32, eff. 7-1-03.)
24    (215 ILCS 5/123C-19)  (from Ch. 73, par. 735C-19)



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1    (Section scheduled to be repealed on January 1, 2027)
2    Sec. 123C-19. Letters of credit.
3    A. Any letter of credit used to meet the requirements set
4forth in Sections 123C-3 and 123C-4:
5        (1) (blank); may not be used to provide more than 80%
6    of the amount required in Section 123C-3 and may not be
7    used to provide more than 80% of the amount required in
8    Section 123C-4;
9        (2) may not be allowed to expire without the prior
10    written approval of the Director and shall provide for 30
11    days' advance written notice to the Director of the
12    proposed expiration of the letter of credit; and
13        (3) must be provided pursuant to arrangements,
14    acceptable to the Director, wherein all funds obtained by
15    the company under the letter of credit are free of claims
16    of any party which may arise on account of the company's
17    resort to the letter of credit.
18    B. If letters of credit are used to provide surplus in
19excess of the amounts required in Section 123C-4:
20        (1) the aggregate amount of all such letters of credit
21    shall not exceed the policyholder surplus of the company;
22        (2) without the prior written approval of the Director,
23    no such letter of credit may be allowed to expire, in any
24    period of 12 consecutive months ending on the date of such
25    expiration, in an amount greater than the greater of (a)
26    10% of the company's surplus as regards policyholders as of



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1    the 31st day of December next preceding, or (b) the net
2    income of the company for the 12 month period ending the
3    31st 3lst day of December next preceding. For purposes of
4    this Section, net income includes net realized capital
5    gains in an amount not to exceed 20% of net unrealized
6    capital gains; and
7        (3) each such letter of credit shall provide for 30
8    days' advance written notice to the Director of the
9    proposed expiration of the letter of credit.
10    C. (Blank). The Director may require any company to draw
11upon its letters of credit, in amounts determined by the
12Director, if the Director determines that such action is
13necessary for the protection of the interests of policyholders.
14    D. (Blank). Any company including amounts supported by
15letters of credit in its capital or surplus shall, prior to the
16time any person becomes a policyholder, notify such person of
17the amounts supported by letters of credit and included in the
18company's capital or surplus.
19(Source: P.A. 85-131.)
20    (215 ILCS 5/123C-23 new)
21    Sec. 123C-23. Approval of captive reinsurance pools.
22Before determining whether to approve a captive insurance
23company's participation in a captive reinsurance pool under
24Section 123C-13 of this Code, the Director may:
25        (1) require the captive insurance company provide to



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1    the Director evidence that the captive reinsurance pool:
2            (a) is composed only of other captive insurance
3        companies holding a certificate of authority under
4        this Article or a similar law of another jurisdiction;
5        and
6            (b) will be able to meet the pool's financial
7        obligations; and
8        (2) impose any other limitation or requirement on the
9    captive insurance company that is necessary and proper to
10    provide adequate security for the captive insurance
11    company.
12    (215 ILCS 5/123C-24 new)
13    Sec. 123C-24. Standards for risk management of controlled
14unaffiliated business. The Director may adopt rules
15establishing standards to ensure that an affiliated company is
16able to exercise control of the risk management function of any
17controlled unaffiliated business to be insured by the captive
18insurance company.
19    (215 ILCS 5/123C-25 new)
20    Sec. 123C-25. Captive managers. Before providing captive
21management services to a licensed captive insurance company, a
22captive management company shall register with the Director by
23providing the information required on a form adopted by the



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1    (215 ILCS 5/123C-26 new)
2    Sec. 123C-26. Dividends.
3    A. A captive insurance company shall notify the Director in
4writing when issuing policyholder dividends.
5    B. A captive insurance company, with the Director's
6approval, may issue dividends or distributions to the holders
7of an equity interest in the captive insurance company. The
8Director shall adopt rules to implement this subsection B.
9    (215 ILCS 5/123C-27 new)
10    Sec. 123C-27. Rulemaking authority. The Director may adopt
11reasonable rules as necessary to implement the purposes and
12provisions of this Article.
13    (215 ILCS 5/123C-28 new)
14    Sec. 123C-28. Confidentiality.
15    A. Any information filed by an applicant or captive
16insurance company under this Article is confidential and
17privileged for all purposes, including for purposes of the
18Freedom of Information Act, a response to a subpoena, or
19evidence in a civil action. Except as provided by subsections B
20and C of this Section, the information may not be disclosed
21without the prior written consent of the applicant or captive
22insurance company to which the information pertains.
23    B. If the recipient of the information described by



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1subsection A of this Section has the legal authority to
2maintain the confidential or privileged status of the
3information and verifies that authority in writing, the
4Director or his or her designee may disclose the information to
5any of the following entities functioning in an official
7        (1) a director of insurance or an insurance department
8    of another state;
9        (2) an authorized law enforcement official;
10        (3) a State's Attorney of this State;
11        (4) the Attorney General;
12        (5) a grand jury;
13        (6) the National Association of Insurance
14    Commissioners if the captive insurance company is
15    affiliated with an insurance company that is part of an
16    insurance holding company system as described in Article
17    VIII 1/2 of this Code;
18        (7) another state or federal regulator if the applicant
19    or captive insurance company to which the information
20    relates operates in the entity's jurisdiction;
21        (8) an international insurance regulator or analogous
22    financial agency if the captive insurance company is
23    affiliated with an insurance company that is part of an
24    insurance holding company system as described in Article
25    VIII 1/2 of this Code and the holding company system
26    operates in the entity's jurisdiction; or



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1        (9) members of a supervisory college described by
2    Section 131.20c of this Code, if the captive insurance
3    company is affiliated with an insurance company that is
4    part of an insurance holding company system as described in
5    Article VIII 1/2 of this Code.
6    C. The Director may use information described by subsection
7A of this Section in the furtherance of a legal or regulatory
8action relating to the administration of this Code.
9    (215 ILCS 5/445)  (from Ch. 73, par. 1057)
10    Sec. 445. Surplus line.
11    (1) Definitions. For the purposes of this Section:
12    "Affiliate" means, with respect to an insured, any entity
13that controls, is controlled by, or is under common control
14with the insured. For the purpose of this definition, an entity
15has control over another entity if:
16        (A) the entity directly or indirectly or acting through
17    one or more other persons owns, controls, or has the power
18    to vote 25% or more of any class of voting securities of
19    the other entity; or
20        (B) the entity controls in any manner the election of a
21    majority of the directors or trustees of the other entity.
22    "Affiliated group" means any group of entities that are all
24    "Authorized insurer" means an insurer that holds a
25certificate of authority issued by the Director but, for the



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1purposes of this Section, does not include a domestic surplus
2line insurer as defined in Section 445a or any residual market
4    "Exempt commercial purchaser" means any person purchasing
5commercial insurance that, at the time of placement, meets the
6following requirements:
7        (A) The person employs or retains a qualified risk
8    manager to negotiate insurance coverage.
9        (B) The person has paid aggregate nationwide
10    commercial property and casualty insurance premiums in
11    excess of $100,000 in the immediately preceding 12 months.
12        (C) The person meets at least one of the following
13    criteria:
14            (I) The person possesses a net worth in excess of
15        $20,000,000, as such amount is adjusted pursuant to the
16        provision in this definition concerning percentage
17        change.
18            (II) The person generates annual revenues in
19        excess of $50,000,000, as such amount is adjusted
20        pursuant to the provision in this definition
21        concerning percentage change.
22            (III) The person employs more than 500 full-time or
23        full-time equivalent employees per individual insured
24        or is a member of an affiliated group employing more
25        than 1,000 employees in the aggregate.
26            (IV) The person is a not-for-profit organization



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1        or public entity generating annual budgeted
2        expenditures of at least $30,000,000, as such amount is
3        adjusted pursuant to the provision in this definition
4        concerning percentage change.
5            (V) The person is a municipality with a population
6        in excess of 50,000 persons.
7    Effective on January 1, 2015 and each fifth January 1
8occurring thereafter, the amounts in subitems (I), (II), and
9(IV) of item (C) of this definition shall be adjusted to
10reflect the percentage change for such 5-year period in the
11Consumer Price Index for All Urban Consumers published by the
12Bureau of Labor Statistics of the Department of Labor.
13    "Home state" means the following:
14        (A) With respect to an insured, except as provided in
15    item (B) of this definition:
16            (I) the state in which an insured maintains its
17        principal place of business or, in the case of an
18        individual, the individual's principal residence; or
19            (II) if 100% of the insured risk is located out of
20        the state referred to in subitem (I), the state to
21        which the greatest percentage of the insured's taxable
22        premium for that insurance contract is allocated.
23        (B) If more than one insured from an affiliated group
24    are named insureds on a single surplus line insurance
25    contract, then "home state" means the home state, as
26    determined pursuant to item (A) of this definition, of the



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1    member of the affiliated group that has the largest
2    percentage of premium attributed to it under such insurance
3    contract.
4        If more than one insured from a group that is not
5    affiliated are named insureds on a single surplus line
6    insurance contract, then:
7            (I) if individual group members pay 100% of the
8        premium for the insurance from their own funds, "home
9        state" means the home state, as determined pursuant to
10        item (A) of this definition, of each individual group
11        member; each individual group member's coverage under
12        the surplus line insurance contract shall be treated as
13        a separate surplus line contract for the purposes of
14        this Section;
15            (II) otherwise, "home state" means the home state,
16        as determined pursuant to item (A) of this definition,
17        of the group.
18    Nothing in this definition shall be construed to alter the
19terms of the surplus line insurance contract.
20    "Multi-State risk" means a risk with insured exposures in
21more than one State.
22    "NAIC" means the National Association of Insurance
23Commissioners or any successor entity.
24    "Qualified risk manager" means, with respect to a
25policyholder of commercial insurance, a person who meets all of
26the following requirements:



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1        (A) The person is an employee of, or third-party
2    consultant retained by, the commercial policyholder.
3        (B) The person provides skilled services in loss
4    prevention, loss reduction, or risk and insurance coverage
5    analysis, and purchase of insurance.
6        (C) With regard to the person:
7            (I) the person has:
8                (a) a bachelor's degree or higher from an
9            accredited college or university in risk
10            management, business administration, finance,
11            economics, or any other field determined by the
12            Director or his designee to demonstrate minimum
13            competence in risk management; and
14                (b) the following:
15                    (i) three years of experience in risk
16                financing, claims administration, loss
17                prevention, risk and insurance analysis, or
18                purchasing commercial lines of insurance; or
19                    (ii) alternatively has:
20                        (AA) a designation as a Chartered
21                    Property and Casualty Underwriter (in this
22                    subparagraph (ii) referred to as "CPCU")
23                    issued by the American Institute for
24                    CPCU/Insurance Institute of America;
25                        (BB) a designation as an Associate in
26                    Risk Management (ARM) issued by the



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1                    American Institute for CPCU/Insurance
2                    Institute of America;
3                        (CC) a designation as Certified Risk
4                    Manager (CRM) issued by the National
5                    Alliance for Insurance Education &
6                    Research;
7                        (DD) a designation as a RIMS Fellow
8                    (RF) issued by the Global Risk Management
9                    Institute; or
10                        (EE) any other designation,
11                    certification, or license determined by
12                    the Director or his designee to
13                    demonstrate minimum competency in risk
14                    management;
15            (II) the person has:
16                (a) at least 7 years of experience in risk
17            financing, claims administration, loss prevention,
18            risk and insurance coverage analysis, or
19            purchasing commercial lines of insurance; and
20                (b) has any one of the designations specified
21            in subparagraph (ii) of paragraph (b);
22            (III) the person has at least 10 years of
23        experience in risk financing, claims administration,
24        loss prevention, risk and insurance coverage analysis,
25        or purchasing commercial lines of insurance; or
26            (IV) the person has a graduate degree from an



10000SB1286sam001- 41 -LRB100 06959 AMC 24874 a

1        accredited college or university in risk management,
2        business administration, finance, economics, or any
3        other field determined by the Director or his or her
4        designee to demonstrate minimum competence in risk
5        management.
6    "Residual market mechanism" means an association,
7organization, or other entity described in Article XXXIII of
8this Code or Section 7-501 of the Illinois Vehicle Code or any
9similar association, organization, or other entity.
10    "State" means any state of the United States, the District
11of Columbia, the Commonwealth of Puerto Rico, Guam, the
12Northern Mariana Islands, the Virgin Islands, and American
14    "Surplus line insurance" means insurance on a risk:
15        (A) of the kinds specified in Classes 2 and 3 of
16    Section 4 of this Code; and
17        (B) that is procured from an unauthorized insurer after
18    the insurance producer representing the insured or the
19    surplus line producer is unable, after diligent effort, to
20    procure the insurance from authorized insurers; 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 effective
26    prior to July 21, 2011.



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1    "Unauthorized insurer" means an insurer that does not hold
2a valid certificate of authority issued by the Director but,
3for the purposes of this Section, shall also include a domestic
4surplus line insurer as defined in Section 445a.
5    (1.5) Procuring surplus line insurance; surplus line
6insurer requirements.
7        (a) Insurance producers may procure surplus line
8    insurance only if licensed as a surplus line producer under
9    this Section.
10        (b) Licensed surplus line producers may procure
11    surplus line insurance from an unauthorized insurer
12    domiciled in the United States only if the insurer:
13            (i) is permitted in its domiciliary jurisdiction
14        to write the type of insurance involved; and
15             (ii) has, based upon information available to the
16        surplus line producer, a policyholders surplus of not
17        less than $15,000,000 determined in accordance with
18        the laws of its domiciliary jurisdiction; and
19             (iii) has standards of solvency and management
20        that are adequate for the protection of policyholders.
21         Where an unauthorized insurer does not meet the
22    standards set forth in (ii) and (iii) above, a surplus line
23    producer may, if necessary, procure insurance from that
24    insurer only if prior written warning of such fact or
25    condition is given to the insured by the insurance producer
26    or surplus line producer.



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1        (c) Licensed surplus line producers may procure
2    surplus line insurance from an unauthorized insurer
3    domiciled outside of the United States only if the insurer
4    meets the standards for unauthorized insurers domiciled in
5    the United States in paragraph (b) of this subsection (1.5)
6    or is listed on the Quarterly Listing of Alien Insurers
7    maintained by the International Insurers Department of the
8    NAIC. The Director shall make the Quarterly Listing of
9    Alien Insurers available to surplus line producers without
10    charge.
11        (d) Insurance producers shall not procure from an
12    unauthorized insurer an insurance policy:
13            (i) that is designed to satisfy the proof of
14        financial responsibility and insurance requirements in
15        any Illinois law where the law requires that the proof
16        of insurance is issued by an authorized insurer or
17        residual market mechanism;
18            (ii) that covers the risk of accidental injury to
19        employees arising out of and in the course of
20        employment according to the provisions of the Workers'
21        Compensation Act; or
22            (iii) that insures any Illinois personal lines
23        risk, as defined in subsection (a), (b), or (c) of
24        Section 143.13 of this Code, that is eligible for
25        residual market mechanism coverage, unless the insured
26        or prospective insured requests limits of liability



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1        greater than the limits provided by the residual market
2        mechanism. In the course of making a diligent effort to
3        procure insurance from authorized insurers, an
4        insurance producer shall not be required to submit a
5        risk to a residual market mechanism when the risk is
6        not eligible for coverage or exceeds the limits
7        available in the residual market mechanism.
8        Where there is an insurance policy issued by an
9    authorized insurer or residual market mechanism insuring a
10    risk described in item (i), (ii), or (iii) above, nothing
11    in this paragraph shall be construed to prohibit a surplus
12    line producer from procuring from an unauthorized insurer a
13    policy insuring the risk on an excess or umbrella basis
14    where the excess or umbrella policy is written over one or
15    more underlying policies.
16        (e) Licensed surplus line producers may procure
17    surplus line insurance from an unauthorized insurer for an
18    exempt commercial purchaser without making the required
19    diligent effort to procure the insurance from authorized
20    insurers if:
21            (i) the producer has disclosed to the exempt
22        commercial purchaser that such insurance may or may not
23        be available from authorized insurers that may provide
24        greater protection with more regulatory oversight; and
25            (ii) the exempt commercial purchaser has
26        subsequently in writing requested the producer to



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1        procure such insurance from an unauthorized insurer.
2    (2) Surplus line producer; license. Any licensed producer
3who is a resident of this State, or any nonresident who
4qualifies under Section 500-40, may be licensed as a surplus
5line producer upon payment of an annual license fee of $400.
6    A surplus line producer so licensed shall keep a separate
7account of the business transacted thereunder for 7 years from
8the policy effective date which shall be open at all times to
9the inspection of the Director or his representative.
10    No later than July 21, 2012, the State of Illinois shall
11participate in the national insurance producer database of the
12NAIC, or any other equivalent uniform national database, for
13the licensure of surplus line producers and the renewal of such
15    (3) Taxes and reports.
16        (a) Surplus line tax and penalty for late payment. The
17    surplus line tax rate for a surplus line insurance policy
18    or contract is determined as follows:
19            (i) 3% for policies or contracts with an effective
20        date prior to July 1, 2003;
21            (ii) 2.5% 3.5% for policies or contracts with an
22        effective date of July 1, 2003 or later.
23        A surplus line producer shall file with the Director on
24    or before February 1 and August 1 of each year a report in
25    the form prescribed by the Director on all surplus line
26    insurance procured from unauthorized insurers and



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1    submitted to the Surplus Line Association of Illinois
2    during the preceding 6 month period ending December 31 or
3    June 30 respectively, and on the filing of such report
4    shall pay to the Director for the use and benefit of the
5    State a sum equal to the surplus line tax rate multiplied
6    by the gross premiums less returned premiums upon all
7    surplus line insurance submitted to the Surplus Line
8    Association of Illinois during the preceding 6 months.
9        Any surplus line producer who fails to pay the full
10    amount due under this subsection is liable, in addition to
11    the amount due, for such late fee, penalty, and interest
12    charges as are provided for under Section 412 of this Code.
13    The Director, through the Attorney General, may institute
14    an action in the name of the People of the State of
15    Illinois, in any court of competent jurisdiction, for the
16    recovery of the amount of such taxes, late fees, interest,
17    and penalties due, and prosecute the same to final
18    judgment, and take such steps as are necessary to collect
19    the same.
20        (b) Fire Marshal Tax. Each surplus line producer shall
21    file with the Director on or before March 31 of each year a
22    report in the form prescribed by the Director on all fire
23    insurance procured from unauthorized insurers and
24    submitted to the Surplus Line Association of Illinois
25    subject to tax under Section 12 of the Fire Investigation
26    Act and shall pay to the Director the fire marshal tax



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1    required thereunder.
2        (c) Taxes and fees charged to insured. The taxes
3    imposed under this subsection and the countersigning fees
4    charged by the Surplus Line Association of Illinois may be
5    charged to and collected from surplus line insureds.
6    (4) (Blank).
7    (5) Submission of documents to Surplus Line Association of
8Illinois. A surplus line producer shall submit every insurance
9contract issued under his or her license to the Surplus Line
10Association of Illinois for recording and countersignature.
11The submission and countersignature may be effected through
12electronic means. The submission shall set forth:
13        (a) the name of the insured;
14        (b) the description and location of the insured
15    property or risk;
16        (c) the amount insured;
17        (d) the gross premiums charged or returned;
18        (e) the name of the unauthorized insurer from whom
19    coverage has been procured;
20        (f) the kind or kinds of insurance procured; and
21        (g) amount of premium subject to tax required by
22    Section 12 of the Fire Investigation Act.
23    Proposals, endorsements, and other documents which are
24incidental to the insurance but which do not affect the premium
25charged are exempted from filing and countersignature.
26    The submission of insuring contracts to the Surplus Line



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1Association of Illinois constitutes a certification by the
2surplus line producer or by the insurance producer who
3presented the risk to the surplus line producer for placement
4as a surplus line risk that after diligent effort the required
5insurance could not be procured from authorized insurers and
6that such procurement was otherwise in accordance with the
7surplus line law.
8    (6) Countersignature required. It shall be unlawful for an
9insurance producer to deliver any unauthorized insurer
10contract unless such insurance contract is countersigned by the
11Surplus Line Association of Illinois.
12    (7) Inspection of records. A surplus line producer shall
13maintain separate records of the business transacted under his
14or her license for 7 years from the policy effective date,
15including complete copies of surplus line insurance contracts
16maintained on paper or by electronic means, which records shall
17be open at all times for inspection by the Director and by the
18Surplus Line Association of Illinois.
19    (8) Violations and penalties. The Director may suspend or
20revoke or refuse to renew a surplus line producer license for
21any violation of this Code. In addition to or in lieu of
22suspension or revocation, the Director may subject a surplus
23line producer to a civil penalty of up to $2,000 for each cause
24for suspension or revocation. Such penalty is enforceable under
25subsection (5) of Section 403A of this Code.
26    (9) Director may declare insurer ineligible. If the



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1Director determines that the further assumption of risks might
2be hazardous to the policyholders of an unauthorized insurer,
3the Director may order the Surplus Line Association of Illinois
4not to countersign insurance contracts evidencing insurance in
5such insurer and order surplus line producers to cease
6procuring insurance from such insurer.
7    (10) Service of process upon Director. Insurance contracts
8delivered under this Section from unauthorized insurers, other
9than domestic surplus line insurers as defined in Section 445a,
10shall contain a provision designating the Director and his
11successors in office the true and lawful attorney of the
12insurer upon whom may be served all lawful process in any
13action, suit or proceeding arising out of such insurance.
14Service of process made upon the Director to be valid hereunder
15must state the name of the insured, the name of the
16unauthorized insurer and identify the contract of insurance.
17The Director at his option is authorized to forward a copy of
18the process to the Surplus Line Association of Illinois for
19delivery to the unauthorized insurer or the Director may
20deliver the process to the unauthorized insurer by other means
21which he considers to be reasonably prompt and certain.
22    (10.5) Insurance contracts delivered under this Section
23from unauthorized insurers, other than domestic surplus line
24insurers as defined in Section 445a, shall have stamped or
25imprinted on the first page thereof in not less than 12-pt.
26bold face type the following legend: "Notice to Policyholder:



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1This contract is issued, pursuant to Section 445 of the
2Illinois Insurance Code, by a company not authorized and
3licensed to transact business in Illinois and as such is not
4covered by the Illinois Insurance Guaranty Fund." Insurance
5contracts delivered under this Section from domestic surplus
6line insurers as defined in Section 445a shall have stamped or
7imprinted on the first page thereof in not less than 12-pt.
8bold face type the following legend: "Notice to Policyholder:
9This contract is issued by a domestic surplus line insurer, as
10defined in Section 445a of the Illinois Insurance Code,
11pursuant to Section 445, and as such is not covered by the
12Illinois Insurance Guaranty Fund."
13    (11) The Illinois Surplus Line law does not apply to
14insurance of property and operations of railroads or aircraft
15engaged in interstate or foreign commerce, insurance of
16vessels, crafts or hulls, cargoes, marine builder's risks,
17marine protection and indemnity, or other risks including
18strikes and war risks insured under ocean or wet marine forms
19of policies.
20    (12) Surplus line insurance procured under this Section,
21including insurance procured from a domestic surplus line
22insurer, is not subject to the provisions of the Illinois
23Insurance Code other than Sections 123, 123.1, 401, 401.1, 402,
24403, 403A, 408, 412, 445, 445.1, 445.2, 445.3, 445.4, and all
25of the provisions of Article XXXI to the extent that the
26provisions of Article XXXI are not inconsistent with the terms



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1of this Act.
2(Source: P.A. 97-955, eff. 8-14-12; 98-978, eff. 1-1-15.)
3    (215 ILCS 5/123C-4 rep.)
4    Section 10. The Illinois Insurance Code is amended by
5repealing Section 123C-4.".