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90_SB0417ham001
LRB9002307NTmbam01
1 AMENDMENT TO SENATE BILL 417
2 AMENDMENT NO. . Amend Senate Bill 417 as follows:
3 on page 1, line 17, by replacing "significant" with
4 "majority"; and
5 on page 2, line 3, by replacing "part" with "a majority"; and
6 on page 2, line 10, by replacing "significant number" with
7 "majority"; and
8 on page 4, below line 18, by inserting the following:
9 "Section 18. Responsibility for maintenance and
10 utilization of experience modification.
11 (a) The employee leasing company shall maintain and
12 furnish to the insurer sufficient information to permit the
13 calculation of an experience modification factor by the
14 rating organization licensed under Section 459 of the
15 Illinois Insurance Code for each client company. This
16 information shall include the following:
17 (1) the client company's corporate or trade name
18 and address;
19 (2) the client company's taxpayer or employer
20 identification number;
21 (3) a listing of the names, addresses, and social
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1 security numbers of all leased employees associated with
2 each client company, the applicable classification code,
3 and payroll; and
4 (4) claim information.
5 (b) The self-insured lessor or the insurer of the lessor
6 that applies for coverage or is covered through either the
7 voluntary market or the residual market mechanism shall
8 maintain and furnish to the principal rating organization, in
9 a manner that is consistent with the principal rating
10 organization data submission requirements, sufficient
11 information to permit the calculation of an experience
12 modification factor for each lessee. This includes without
13 limitation the following:
14 (1) the lessee's corporate name or the operating
15 name if not a corporation;
16 (2) the lessee's taxpayer or employer
17 identification number;
18 (3) the lessee's risk identification number;
19 (4) a listing of all leased employees associated
20 with each lessee, the applicable classification code, and
21 payroll; and
22 (5) claims information grouped by lessee and any
23 other information necessary to permit the calculation of
24 an experience modification factor for each lessee.
25 (c) The experience modification calculated from the
26 information furnished pursuant to subsection (b) of this
27 Section shall be utilized in the calculation of any premium
28 charged to the client company or lessee."; and
29 on page 4, by replacing line 21 with the following:
30 "(a) An insurer may require an employee"; and
31 on page 5, by deleting lines 31 through 34; and
32 on page 6, by deleting lines 1 through 28; and
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1 on page 7, line 14, after "issued", by inserting "through the
2 residual market"; and
3 on page 7, by replacing lines 16 and 17 with the following:
4 "conduct quarterly audits thereafter. Insurers may audit
5 policies issued through the voluntary market within 90 days
6 of the policy effective date and shall conduct periodic
7 audits thereafter on a frequency of not less than once a
8 year. The purpose of any audit conducted under this Act is to
9 determine whether all classifications,"; and
10 on page 8, by replacing lines 27 through 33 with the
11 following:
12 "Section 50. Grounds for removal of eligibility; order;
13 hearing; review.
14 (a) When the Director of Insurance has cause to believe
15 that grounds for the removal of a registrant's eligibility
16 under this Section exists, he or she shall issue an order to
17 the employee leasing company stating the grounds upon which
18 the removal is based. The order shall be sent to the
19 employee leasing company by certified or registered mail.
20 The employee leasing company may in writing request a hearing
21 within 30 days of receipt of the order. If no written
22 request is made, the order shall be final upon the expiration
23 of the 30 days.
24 (b) If the employee leasing company requests a hearing
25 pursuant to this Section, the Director shall issue a written
26 notice of hearing sent to the employee leasing company by
27 certified or registered mail stating the following:
28 (1) a specified time for the hearing, which may not
29 be less than 20 days nor more than 30 days after receipt
30 of the notice of hearing; and
31 (2) a specific place for the hearing, which may be
32 either in the city of Springfield or in the county where
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1 the employee leasing company's principal place of
2 business is located.
3 (c) After the hearing, or upon the failure of the
4 employee leasing company to appear at the hearing, the
5 Director of Insurance shall take such action as is deemed
6 advisable on written findings that shall be served on the
7 employee leasing company. The action of the Director of
8 Insurance shall be subject to review under and in accordance
9 with the Administrative Review Law."; and
10 on page 9, by deleting line 1.