Full Text of HB2622 100th General Assembly
HB2622 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB2622 Introduced , by Rep. Laura Fine SYNOPSIS AS INTRODUCED: |
| |
Amends the Illinois Insurance Code. In the provision concerning the Illinois Workers' Compensation
Commission Operations Fund surcharge, provides that after the effective date of the amendatory Act, the Director of Insurance shall make one or more loans to the Illinois Employers Mutual Insurance Company (the Company) in an amount not to exceed an aggregate amount of $10,000,000 from the Illinois Workers' Compensation Commission Operations Fund for the start-up funding and initial capitalization of the Company. Creates the Illinois Employers Mutual Insurance Company Article in the Code and establishes the Company as a nonprofit, independent public corporation. Provides that the Company (1) shall be operated as a domestic mutual insurance company, subject to all applicable provisions of the Code, (2) shall issue insurance for workers' compensation and occupational disease and shall not provide any other type of insurance, (3) shall not be considered a State agency or instrumentality of the State for any purpose, and (4) shall not receive any State appropriations or funds, except for an initial loan or loans. Sets forth provisions concerning a board of directors, ratemaking, the Illinois Insurance Guaranty Fund, a chief executive officer, liability, a workplace safety plan, investments, dividends, the sale of policies, auditing requirements, and an annual report. Effective immediately.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB2622 | | LRB100 11185 SMS 21486 b |
|
| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Insurance Code is amended by | 5 | | changing Section 416 and by adding Article XLVI as follows:
| 6 | | (215 ILCS 5/416)
| 7 | | Sec. 416. Illinois Workers' Compensation
Commission | 8 | | Operations Fund Surcharge.
| 9 | | (a) As of July 30, 2004 (the effective date of Public Act | 10 | | 93-840), every company licensed or
authorized by the Illinois | 11 | | Department of Insurance and insuring employers'
liabilities | 12 | | arising under the Workers' Compensation Act or the Workers'
| 13 | | Occupational Diseases Act shall remit to the Director a | 14 | | surcharge based upon
the annual direct written premium, as | 15 | | reported under Section 136 of this Act,
of the company in the | 16 | | manner provided in this
Section. Such
proceeds shall
be | 17 | | deposited into the Illinois Workers' Compensation
Commission | 18 | | Operations Fund as
established in
the Workers' Compensation | 19 | | Act. If a company
survives or
was formed by a merger, | 20 | | consolidation, reorganization, or reincorporation, the
direct
| 21 | | written premiums of all companies party to the merger, | 22 | | consolidation,
reorganization, or
reincorporation shall, for | 23 | | purposes of determining the amount of the fee
imposed by this
|
| | | HB2622 | - 2 - | LRB100 11185 SMS 21486 b |
|
| 1 | | Section, be regarded as those of the surviving or new company.
| 2 | | (b)(1) Except as provided in subsection (b)(2) of this | 3 | | Section, beginning on
July 30, 2004 (the effective date of | 4 | | Public Act 93-840) and on July 1 of each year thereafter,
the
| 5 | | Director shall
charge an annual Illinois Workers' Compensation | 6 | | Commission Operations Fund Surcharge from every
company | 7 | | subject to subsection (a) of this Section equal to 1.01% of its | 8 | | direct
written
premium for insuring employers' liabilities | 9 | | arising under the Workers'
Compensation Act or Workers' | 10 | | Occupational Diseases Act as reported in each
company's
annual
| 11 | | statement filed for the previous year as required by Section | 12 | | 136. The
Illinois Workers' Compensation Commission Operations | 13 | | Fund Surcharge shall be collected by companies
subject to | 14 | | subsection (a) of this Section as a separately stated surcharge | 15 | | on
insured employers at the rate of 1.01% of direct written | 16 | | premium. The
Illinois Workers' Compensation Commission | 17 | | Operations Fund Surcharge shall not be collected by companies
| 18 | | subject to subsection (a) of this Section from any employer | 19 | | that self-insures its liabilities arising under the Workers' | 20 | | Compensation Act or Workers' Occupational Diseases Act, | 21 | | provided that the employer has paid the Illinois Workers' | 22 | | Compensation Commission Operations Fund Fee pursuant to | 23 | | Section 4d of the Workers' Compensation Act. All sums
collected | 24 | | by
the Department of Insurance under the provisions of this | 25 | | Section shall be paid
promptly
after the receipt of the same, | 26 | | accompanied by a detailed statement thereof,
into the
Illinois |
| | | HB2622 | - 3 - | LRB100 11185 SMS 21486 b |
|
| 1 | | Workers' Compensation Commission Operations Fund in the State | 2 | | treasury.
| 3 | | (b)(2) The surcharge due pursuant to Public Act 93-840 | 4 | | shall be collected instead of the surcharge due on July 1, 2004 | 5 | | under Public Act 93-32. Payment of the surcharge due under | 6 | | Public Act 93-840 shall discharge the employer's obligations | 7 | | due on July 1, 2004.
| 8 | | (c) In addition to the authority specifically granted under | 9 | | Article XXV of
this
Code, the Director shall have such | 10 | | authority to adopt rules or establish forms
as may be
| 11 | | reasonably necessary for purposes of enforcing this Section. | 12 | | The Director shall
also have
authority to defer, waive, or | 13 | | abate the surcharge or any penalties imposed by
this
Section if | 14 | | in
the Director's opinion the company's solvency and ability to | 15 | | meet its insured
obligations
would be immediately threatened by | 16 | | payment of the surcharge due.
| 17 | | (d) When a company fails to pay the full amount of any | 18 | | annual
Illinois Workers' Compensation
Commission Operations | 19 | | Fund Surcharge of $100 or more due under this Section,
there
| 20 | | shall be
added to the amount due as a penalty the greater of | 21 | | $1,000 or an amount equal
to 5% of
the deficiency for each | 22 | | month or part of a month that the deficiency remains
unpaid.
| 23 | | (e) The Department of Insurance may enforce the collection | 24 | | of any delinquent
payment, penalty, or portion thereof by legal | 25 | | action or in any other manner by
which the
collection of debts | 26 | | due the State of Illinois may be enforced under the laws of
|
| | | HB2622 | - 4 - | LRB100 11185 SMS 21486 b |
|
| 1 | | this State.
| 2 | | (f) Whenever it appears to the satisfaction of the Director | 3 | | that a company
has
paid
pursuant to this Act an Illinois | 4 | | Workers' Compensation Commission Operations Fund Surcharge in
| 5 | | an amount
in excess of the amount legally collectable from the | 6 | | company, the Director
shall issue a
credit memorandum for an | 7 | | amount equal to the amount of such overpayment. A
credit
| 8 | | memorandum may be applied for the 2-year period from the date | 9 | | of issuance,
against the
payment of any amount due during that | 10 | | period under the surcharge imposed by
this
Section or,
subject | 11 | | to reasonable rule of the Department of Insurance including | 12 | | requirement
of
notification, may be assigned to any other | 13 | | company subject to regulation under
this Act.
Any application | 14 | | of credit memoranda after the period provided for in this
| 15 | | Section is void.
| 16 | | (g) Annually, the Governor may direct a transfer of up to | 17 | | 2% of all moneys
collected under this Section to the Insurance | 18 | | Financial Regulation Fund.
| 19 | | (h) After the effective date of this amendatory Act of the | 20 | | 100th General Assembly, the Director shall make one or more | 21 | | loans to the Illinois Employers Mutual Insurance Company in an | 22 | | amount not to exceed an aggregate amount of $10,000,000 from | 23 | | the Illinois Workers' Compensation Commission Operations Fund | 24 | | for the start-up funding and initial capitalization of the | 25 | | Illinois Employers Mutual Insurance Company. The Board of | 26 | | Directors of the Illinois Employers Mutual Insurance Company |
| | | HB2622 | - 5 - | LRB100 11185 SMS 21486 b |
|
| 1 | | shall make an application to the Director for the loans, | 2 | | stating the amount to be loaned to the Illinois Employers | 3 | | Mutual Insurance Company. The Illinois Employers Mutual | 4 | | Insurance Company shall repay the loans in full within 5 years | 5 | | after issuance, plus any interest that would have accrued | 6 | | thereon had the loan not occurred. | 7 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 8 | | (215 ILCS 5/Art. XLVI heading new) | 9 | | ARTICLE XLVI. | 10 | | THE ILLINOIS
EMPLOYERS MUTUAL INSURANCE COMPANY | 11 | | (215 ILCS 5/1700 new) | 12 | | Sec. 1700. Purpose. The purpose of this Article is to | 13 | | establish the Illinois Employers Mutual Insurance Company as a | 14 | | nonprofit, independent public corporation to insure Illinois | 15 | | employers against liability for workers' compensation and | 16 | | occupational disease coverage. | 17 | | (215 ILCS 5/1705 new) | 18 | | Sec. 1705. Definitions. As used in this Article: | 19 | | "Board" means the board of directors of the Illinois | 20 | | Employers Mutual Insurance Company. | 21 | | "Board director" means a member of the board of directors | 22 | | of the Company. | 23 | | "Company" means the Illinois Employers Mutual Insurance |
| | | HB2622 | - 6 - | LRB100 11185 SMS 21486 b |
|
| 1 | | Company created by this Article. | 2 | | (215 ILCS 5/1710 new) | 3 | | Sec. 1710. Establishment of the Company. | 4 | | (a) There is hereby created the Illinois Employers Mutual | 5 | | Insurance Company, which shall be a nonprofit, independent | 6 | | public corporation. The Company shall be operated as a domestic | 7 | | mutual insurance company, subject to all applicable provisions | 8 | | of this Code. | 9 | | (b) The Company shall issue insurance for workers' | 10 | | compensation and occupational disease. The Company shall not | 11 | | provide any other type of insurance. | 12 | | (c) The Company shall provide workers' compensation | 13 | | coverage to employers at the highest level of service and | 14 | | savings consistent with reasonable applicable actuarial | 15 | | standards and shall maintain the financial integrity of the | 16 | | Company. The Company shall foster employer involvement in | 17 | | safety initiatives and the creation of workplace safety plans | 18 | | set forth in Section 1740 of this Article. | 19 | | (d) The Company shall not be considered a State agency or | 20 | | instrumentality of the State for any purpose. Employees of the | 21 | | Company are not employees of the State and are not subject to | 22 | | the Personnel Code. The Company shall not receive any State | 23 | | appropriations or funds, except for an initial loan or loans | 24 | | made pursuant to Section 416 of this Code. The State shall not | 25 | | borrow or otherwise appropriate funds from the Company. The |
| | | HB2622 | - 7 - | LRB100 11185 SMS 21486 b |
|
| 1 | | Company or its liabilities shall not be deemed to constitute a | 2 | | debt or a liability of the State or a pledge of the full faith | 3 | | and credit of the State. | 4 | | (215 ILCS 5/1715 new) | 5 | | Sec. 1715. Board of directors. | 6 | | (a) The Company shall be managed by a 7-member board of | 7 | | directors. The board of directors shall be appointed by the | 8 | | Governor with the advice and consent of the Senate. For the | 9 | | initial set of appointments, 2 Board directors shall be | 10 | | appointed to a term ending July 1, 2018, 2 Board directors | 11 | | shall be appointed to a term ending July 1, 2019, 2 Board | 12 | | directors shall be appointed to a term ending July 1, 2020, and | 13 | | one Board director shall be appointed to a term ending July 1, | 14 | | 2021. All initial appointments shall be made by the Governor | 15 | | within 30 days after the effective date of this amendatory Act | 16 | | of the 100th General Assembly. Thereafter, all appointments or | 17 | | reappointments shall be a for a 5-year term ending on July 1 of | 18 | | the fifth year. The appointment and reappointment of Board | 19 | | directors by the Governor shall be subject to the provisions of | 20 | | Article 3A of the Illinois Governmental Ethics Act. | 21 | | (b) A Board director appointed by the Governor must meet | 22 | | all of the following qualifications: | 23 | | (1) he or she does not have any interest as a | 24 | | stockholder, employee, attorney, agent, broker, or | 25 | | contractor of an insurance entity that writes workers' |
| | | HB2622 | - 8 - | LRB100 11185 SMS 21486 b |
|
| 1 | | compensation insurance or whose affiliates write workers' | 2 | | compensation insurance; | 3 | | (2) he or she is not the spouse or an immediate family | 4 | | member living with a person who has an interest as a | 5 | | stockholder, employee, attorney, agent, broker, or | 6 | | contractor of an insurance entity that writes workers' | 7 | | compensation insurance or whose affiliates write workers' | 8 | | compensation insurance; | 9 | | (3) he or she is a resident of the State of Illinois; | 10 | | (4) he or she is of good moral character and has never | 11 | | pleaded guilty to, or been found guilty of, a felony; and | 12 | | (5) he or she is not a registered lobbyist under the | 13 | | Lobbyist Registration Act. | 14 | | (c) The Board directors shall elect a chairman from the | 15 | | Board. | 16 | | (d) The Board is vested with the full power, authority, and | 17 | | jurisdiction over the Company and may perform any necessary or | 18 | | convenient act in the exercise of its power. The Board shall | 19 | | discharge its duties with the care, skill, prudence, and | 20 | | diligence as that of prudent directors acting in a similar | 21 | | enterprise and purpose. The powers of the Board include, but | 22 | | are not limited to: | 23 | | (1) the ability to enter into contracts; | 24 | | (2) the purchase of reinsurance; and | 25 | | (3) the declaration of dividends. | 26 | | (e) The Board shall develop bylaws which shall be subject |
| | | HB2622 | - 9 - | LRB100 11185 SMS 21486 b |
|
| 1 | | to the restrictions set forth in this Article. The bylaws shall | 2 | | provide for a schedule of at least quarterly meetings and set | 3 | | forth rules specifically relating to the conduct of meetings | 4 | | and voting procedures. | 5 | | (215 ILCS 5/1720 new) | 6 | | Sec. 1720. Ratemaking. The Board shall have full power and | 7 | | authority to establish rates to be charged by the Company for | 8 | | insurance, subject to the applicable provisions of this Code. | 9 | | The Board shall contract for the services of or hire an | 10 | | independent actuary, who is a member in good standing with the | 11 | | American Academy of Actuaries, to develop and recommend | 12 | | actuarially sound rates. Rates shall be set at amounts | 13 | | sufficient, when invested, to carry all claims to maturity, | 14 | | meet the reasonable expenses of conducting the business of the | 15 | | Company, and maintain a reasonable surplus. | 16 | | (215 ILCS 5/1725 new) | 17 | | Sec. 1725. Guaranty fund. The Company shall be subject to | 18 | | Article XXXIV of this Code and shall pay any assessments | 19 | | required for members of the Illinois Insurance Guaranty Fund. | 20 | | (215 ILCS 5/1730 new) | 21 | | Sec. 1730. Chief executive officer. | 22 | | (a) The Board shall hire a chief executive officer who | 23 | | shall serve at the pleasure of the Board. The chief executive |
| | | HB2622 | - 10 - | LRB100 11185 SMS 21486 b |
|
| 1 | | officer shall not be a member of the Board and must be | 2 | | qualified by education and experience to manage an organization | 3 | | with financial and operational obligations to policyholders | 4 | | and claimants. The compensation of the chief executive officer | 5 | | shall be determined by the Board. | 6 | | (b) The chief executive officer shall be responsible for | 7 | | conducting the day-to-day operations of the Company, including | 8 | | the hiring of personnel. The chief executive officer shall also | 9 | | maintain an Internet website for the Company, which shall | 10 | | include information regarding the purchase of policies from the | 11 | | Company, as well as any reports required to be published under | 12 | | this Article. | 13 | | (c) The chief executive officer shall present a proposed | 14 | | operating budget for the Company to the Board for its approval | 15 | | on an annual basis. The operating budget shall include a | 16 | | description of administrative and personnel costs. | 17 | | (215 ILCS 5/1735 new) | 18 | | Sec. 1735. Liability. The Board and its employees shall | 19 | | not be personally liable for acts performed in good faith, | 20 | | without the intent to defraud, and made in an official | 21 | | capacity. | 22 | | (215 ILCS 5/1740 new) | 23 | | Sec. 1740. Workplace safety plan. | 24 | | (a) The chief executive officer shall formulate, |
| | | HB2622 | - 11 - | LRB100 11185 SMS 21486 b |
|
| 1 | | implement, and monitor a workplace safety plan for all | 2 | | policyholders. This plan shall include written guidance to | 3 | | reduce workplace accidents, prevent injuries, and promote safe | 4 | | working conditions. Each plan shall have clearly stated safety | 5 | | objectives for the policyholder. | 6 | | (b) Employees of the Company shall have access to the | 7 | | premises of any policyholder for the purpose of examining the | 8 | | safety conditions of the workplace. The Company may terminate a | 9 | | policy if there is a refusal by the policyholder to permit | 10 | | on-site examinations by the Company or if the policyholder | 11 | | disregards or fails to comply with the safety objectives set | 12 | | forth by the Company in the workplace safety plan. | 13 | | (215 ILCS 5/1745 new) | 14 | | Sec. 1745. Investments. | 15 | | (a) The Company shall formulate and adopt an investment | 16 | | policy that safeguards the value of all assets and maximizes | 17 | | investment potential. All investments by the Company shall be | 18 | | subject to the applicable restrictions for domestic mutual | 19 | | insurers set forth in this Code. | 20 | | (b) The Company may retain an independent investment | 21 | | counsel who shall be subject to standards applicable to | 22 | | fiduciaries responsible for safeguarding the assets of a | 23 | | corporation. | 24 | | (215 ILCS 5/1750 new) |
| | | HB2622 | - 12 - | LRB100 11185 SMS 21486 b |
|
| 1 | | Sec. 1750. Dividends. | 2 | | (a) The Company may declare a dividend in accordance with | 3 | | the requirements set forth in this Code. | 4 | | (b) Dividends may be distributed in the form of premium | 5 | | discounts, dividends, or a combination of dividends and | 6 | | discounts. | 7 | | (c) In addition to any requirements for dividends set forth | 8 | | in this Code, dividends may only be distributed if: | 9 | | (1) the initial funding of the Company has been repaid | 10 | | in full; | 11 | | (2) an independent actuarial report of the prior year's | 12 | | operations has been completed and reviewed by the Board; | 13 | | (3) the Company has met all expenses for administration | 14 | | and claims for the prior year; and | 15 | | (4) adequate reserves exist to pay all claims. | 16 | | (215 ILCS 5/1755 new) | 17 | | Sec. 1755. Sale of policies. The Company shall administer | 18 | | the sale of policies for workers' compensation and occupational | 19 | | disease coverage. The Company shall utilize the Internet and | 20 | | other technologies to the greatest extent possible in order to | 21 | | facilitate the purchase of a policy for employers in this | 22 | | State. Policies of the Company shall not be sold by any | 23 | | insurance agent or broker licensed to sell workers' | 24 | | compensation insurance in this State. |
| | | HB2622 | - 13 - | LRB100 11185 SMS 21486 b |
|
| 1 | | (215 ILCS 5/1760 new) | 2 | | Sec. 1760. Auditing requirements. | 3 | | (a) The Company shall be subject to all examinations and | 4 | | audits required under this Code. | 5 | | (b) The Board shall retain a competent and independent firm | 6 | | of certified public accountants to perform an annual audit of | 7 | | the performance and management of the Company and an audit of | 8 | | the accounts, funds, and securities of the Company. The costs | 9 | | of these audits shall be paid for by the Company. The audits | 10 | | shall be published on the Company's Internet website. | 11 | | (215 ILCS 5/1765 new) | 12 | | Sec. 1765. Annual report. | 13 | | (a) On August 1, 2017, the Board shall prepare and submit a | 14 | | report to the Governor, the President of the Senate, the | 15 | | Minority Leader of the Senate, the Speaker of the House, and | 16 | | the Minority Leader of the House. This report shall describe | 17 | | the progress of the Company to date in establishing its | 18 | | operations as a domestic mutual insurance company in this State | 19 | | providing workers' compensation and occupational disease | 20 | | coverage. This report shall include the information required in | 21 | | subsection (b) of this Section, if available. | 22 | | (b) Beginning July 1, 2018 and continuing every July 1 | 23 | | thereafter, the Board shall prepare and submit a report to the | 24 | | Governor, the President of the Senate, the Minority Leader of | 25 | | the Senate, the Speaker of the House, and the Minority Leader |
| | | HB2622 | - 14 - | LRB100 11185 SMS 21486 b |
|
| 1 | | of the House. This report shall contain, at a minimum, the | 2 | | following information: | 3 | | (1) a summary of the most recent audits performed | 4 | | pursuant to Section 1760 of this Code; | 5 | | (2) statistical and actuarial data related to the | 6 | | determination of premium rate levels; and | 7 | | (3) the incidence of work-related injuries and costs | 8 | | related to those injuries. | 9 | | (c) The reports required under this Section shall be | 10 | | submitted electronically and posted on the Internet website of | 11 | | the Company.
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
| | | | HB2622 | - 15 - | LRB100 11185 SMS 21486 b |
|
| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 215 ILCS 5/416 | | | 4 | | 215 ILCS 5/Art. XLVI | 5 | | heading new | | | 6 | | 215 ILCS 5/1700 new | | | 7 | | 215 ILCS 5/1705 new | | | 8 | | 215 ILCS 5/1710 new | | | 9 | | 215 ILCS 5/1715 new | | | 10 | | 215 ILCS 5/1720 new | | | 11 | | 215 ILCS 5/1725 new | | | 12 | | 215 ILCS 5/1730 new | | | 13 | | 215 ILCS 5/1735 new | | | 14 | | 215 ILCS 5/1740 new | | | 15 | | 215 ILCS 5/1745 new | | | 16 | | 215 ILCS 5/1750 new | | | 17 | | 215 ILCS 5/1755 new | | | 18 | | 215 ILCS 5/1760 new | | | 19 | | 215 ILCS 5/1765 new | |
| |
|