State of Illinois
90th General Assembly
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90_HB1874

      215 ILCS 5/466            from Ch. 73, par. 1065.13
          Amends the Illinois Insurance Code.   Makes  a  technical
      change in a Section relating to rate administration.
                                                     LRB9003977JSfg
                                               LRB9003977JSfg
 1        AN  ACT  to amend the Illinois Insurance Code by changing
 2    Section 466.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The  Illinois  Insurance  Code is amended by
 6    changing Section 466 as follows:
 7        (215 ILCS 5/466) (from Ch. 73, par. 1065.13)
 8        Sec. 466. Rate administration.
 9        (1)  Recording  and  Reporting  of   Loss   and   Expense
10    Experience.
11        The  Director shall promulgate reasonable rules and shall
12    approve statistical plans, reasonably adapted to each of  the
13    rating  systems  on file with him, which may be modified from
14    time to time and which  shall  be  used  thereafter  by  each
15    company  in  the  recording  and  reporting  of  its loss and
16    countrywide expense experience, in order that the  experience
17    of  all  companies may be made available at least annually in
18    such form and detail as  may  be  necessary  to  aid  him  in
19    determining  whether rating systems comply with the standards
20    set forth in Section 456. An approved statistical  plan  need
21    not  be  adopted  as  a rule, but shall be made available for
22    public inspection at the Department's principal office and  a
23    copy  of the plan shall be filed with the Secretary of State.
24    Such rules and plans may also provide for the  recording  and
25    reporting  of  expense  experience  items which are specially
26    applicable  to  this  state  and  are  not   susceptible   of
27    determination   by   a   prorating   of  countrywide  expense
28    experience. In promulgating such rules and  approving  plans,
29    the  Director  shall  give  due  consideration  to the rating
30    systems on file with him and in order  that  such  rules  and
31    plans  may  be as uniform as is practicable among the several
                            -2-                LRB9003977JSfg
 1    states, to the rules and to the form of the  plans  used  for
 2    such  rating  systems  in  other  states. No company shall be
 3    required to record or report any experience on an  experience
 4    classification  which  it  does  not use in the making of its
 5    rates or to record or report its experience on any  basis  or
 6    statistical  plan  that  differs from that which is regularly
 7    employed and used in  the  usual  course  of  such  company's
 8    business,  nor  shall  any  company  be required to record or
 9    report its loss experience on a classification basis that  is
10    inconsistent with the rating system filed by it, nor shall it
11    be   required   to  report  such  experience  to  any  rating
12    organization of which it is not a member or subscriber, or to
13    an agency operated by or subject to the  control  of  such  a
14    rating  organization,  nor shall the Department's rules state
15    that the insurer must record  or  report  its  experience  in
16    accordance with a uniform statistical plan which differs from
17    that which is regularly employed and used in the usual course
18    of  such  company's  business. Any company not reporting such
19    experience  to  a  rating  organization   or   other   agency
20    designated  by  the Director, shall report such experience to
21    the Director. The Director may designate one or  more  rating
22    organizations  or  other  agencies to assist him in gathering
23    all such experience and in making compilations thereof.   The
24    experience  of  any  company filed with the Director shall be
25    deemed confidential and shall not be revealed by the Director
26    to any other company or other person, provided, however, that
27    the  Director  may  make  compilations  of  all   experience,
28    including  the  experience  of  any  such company, or of such
29    experience and the compilation made by the designated  rating
30    organization  or other agency. All such compilations, whether
31    made by the Director or by any designated rating organization
32    or  other  agency,  shall  be  made  available,  subject   to
33    reasonable  rules  promulgated  by the Director, to companies
34    and rating organizations.
                            -3-                LRB9003977JSfg
 1        (2)  Interchange of Rating Plan Data.
 2        Reasonable rules and plans  may  be  promulgated  by  the
 3    Director  for  the  interchange  of  data  necessary  for the
 4    application of rating plans.
 5        (3)  Consultation with Other States.
 6        In  order  to  further  uniform  administration  of  rate
 7    regulatory laws, the Director and every  company  and  rating
 8    organization  may  exchange  information  and experience data
 9    with insurance supervisory officials,  companies  and  rating
10    organizations  in other states and may consult with them with
11    respect to rate making and the application of rating systems.
12        (4)  Rules and Regulations.
13        The Director may make reasonable  rules  and  regulations
14    necessary to effect the purpose of this Article.
15    (Source: P.A. 84-427.)

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