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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.)