90th General Assembly
Summary of HB2226
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INS CD-COMPANY FINANCE                                                     

Synopsis of Bill as introduced:
        Amends the Illinois Insurance Code.  Provides  that  if  proposed      
   increases  or  decreases  in  capital  include subsequent transactions      
   subject  to  the  Insurance  Holding  Company  Systems  Article,   all      
   information  required  under  that  Article  must  be  provided to the      
   Director of Insurance when seeking permission to increase or  decrease      
   capital.       Requires  Director  approval  of  conversion  terms  of      
   convertible preferred shares. Authorizes fixed or  floating  rates  of      
   interest  for  guaranty  fund  borrowing.  Provides  for liability for      
   producers  and  third  party   administrators   in   connection   with      
   unauthorized insurers. Sets forth requirements for issuance of capital      
   notes.  Provides  restrictions  concerning credit allowed for domestic      
   ceding insurers. Authorizes the Director of Insurance to  bring  civil      
   actions  as  rehabilitator  against  an  insurance company and related      
   parties. Amends the Producer Controlled  Insurer  Act  to  expand  the      
   scope  of  the  definitions  of  "controlled insurer" and "controlling      
   producer". Effective immediately.                                           
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          215 ILCS 5/174                                                       
        Deletes provisions requiring the approval of the Director  before      
   a  domestic  insurer  may  enter  into  certain  agreements.  Requires      
   certain assuming insurers to have at least $5,000,000 in  capital  and      
   surplus before assuming insurance.                                          
        HOUSE AMENDMENT NO. 2.                                                 
          Adds reference to:                                                   
          215 ILCS 5/59.1                                                      
        Amends the Illinois Insurance Code in relation to the  conversion      
   of  a mutual company to a stock company.  Defines the term "member" as      
   a person who is deemed a holder of a membership interest in the mutual      
   company pursuant to its articles or bylaws.  Prohibits any person from      
   making or announcing an offer to  purchase  a  security  issued  by  a      
   converting  mutual  company  before the plan of conversion is complete      
   except in  compliance  with  provisions  relating  to  limitations  on      
   acquisition of control or the terms of the conversion plan approved by      
   the Director.                                                               
        HOUSE AMENDMENT NO. 3.                                                 
          Deletes reference to:                                                
          215 ILCS 5/122-1                                                     
        Deletes provision authorizing  the  Department  of  Insurance  to      
   require third party administrators and producers to submit information      
   regarding certain insurance transactions relating to multiple employer      
   arrangements and employee leasing arrangements.                             
          FISCAL NOTE (Dept. of Insurance)                                     
          There will be no fiscal impact on this Dept.                         
          STATE MANDATES FISCAL NOTE, H-am 1                                   
          In the opinion of DCCA, HB2226, as amended by H-am 1, fails          
          to create a State mandate under the State Mandates Act.              
        HOUSE AMENDMENT NO. 4.                                                 
          Adds reference to:                                                   
          215 ILCS 5/513a9                from Ch. 73, par. 1065.60a9          
          215 ILCS 150/25.1               from Ch. 148, par. 225.1             
        Amends the Illinois Insurance Code to provide that if  a  premium      
   finance   company   pays  the  financed  premium  to  a  producer,  it      
   establishes the producer as an agent of the premium  finance  company.      
   Amends  the Religious and Charitable Risk Pooling Trust Act to provide      
   that a trust fund may reorganize into a mutual insurance company or  a      
   reciprocal  if  the  trust  fund has an operating history of 3, rather      
   than 5, consecutive years after organizational approval  during  which      
   it  has  provided non-assessable benefits or indemnification contracts      
   to its beneficiaries.                                                       
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          215 ILCS 107/5.20                                                    
          215 ILCS 107/5.25                                                    
        Deletes changes made to the Producer Controlled Insurer Act.           
Last action on Bill: PUBLIC ACT.............................. 90-0381

   Last action date: 97-08-14

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   4     SENATE -   1


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