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| Public Act 097-0603 | ||||
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AN ACT concerning insurance.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Insurance Code is amended by | ||||
changing Section 408 as follows:
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(215 ILCS 5/408) (from Ch. 73, par. 1020)
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Sec. 408. Fees and charges.
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(1) The Director shall charge, collect and
give proper | ||||
acquittances for the payment of the following fees and charges:
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(a) For filing all documents submitted for the | ||||
incorporation or
organization or certification of a | ||||
domestic company, except for a fraternal
benefit society, | ||||
$2,000.
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(b) For filing all documents submitted for the | ||||
incorporation or
organization of a fraternal benefit | ||||
society, $500.
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(c) For filing amendments to articles of incorporation | ||||
and amendments to
declaration of organization, except for a | ||||
fraternal benefit society, a
mutual benefit association, a | ||||
burial society or a farm mutual, $200.
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(d) For filing amendments to articles of incorporation | ||||
of a fraternal
benefit society, a mutual benefit | ||||
association or a burial society, $100.
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(e) For filing amendments to articles of incorporation | ||
of a farm mutual,
$50.
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(f) For filing bylaws or amendments thereto, $50.
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(g) For filing agreement of merger or consolidation:
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(i) for a domestic company, except
for a fraternal | ||
benefit society, a
mutual benefit association, a | ||
burial society,
or a farm mutual, $2,000.
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(ii) for a foreign or
alien company, except for a | ||
fraternal
benefit society, $600.
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(iii) for a fraternal benefit society,
a mutual | ||
benefit association, a burial society,
or a farm | ||
mutual, $200.
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(h) For filing agreements of reinsurance by a domestic | ||
company, $200.
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(i) For filing all documents submitted by a foreign or | ||
alien
company to be admitted to transact business or | ||
accredited as a
reinsurer in this State, except for a
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fraternal benefit society, $5,000.
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(j) For filing all documents submitted by a foreign or | ||
alien
fraternal benefit society to be admitted to transact | ||
business
in this State, $500.
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(k) For filing declaration of withdrawal of a foreign | ||
or
alien company, $50.
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(l) For filing annual statement, except a fraternal | ||
benefit
society, a mutual benefit association, a burial | ||
society, or
a farm mutual, $200.
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(m) For filing annual statement by a fraternal benefit
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society, $100.
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(n) For filing annual statement by a farm mutual, a | ||
mutual benefit
association, or a burial society, $50.
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(o) For issuing a certificate of authority or
renewal | ||
thereof except to a fraternal benefit society, $200.
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(p) For issuing a certificate of authority or renewal | ||
thereof to a
fraternal benefit society, $100.
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(q) For issuing an amended certificate of authority, | ||
$50.
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(r) For each certified copy of certificate of | ||
authority, $20.
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(s) For each certificate of deposit, or valuation, or | ||
compliance
or surety certificate, $20.
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(t) For copies of papers or records per page, $1.
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(u) For each certification to copies
of papers or | ||
records, $10.
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(v) For multiple copies of documents or certificates | ||
listed in
subparagraphs (r), (s), and (u) of paragraph (1) | ||
of this Section, $10 for
the first copy of a certificate of | ||
any type and $5 for each additional copy
of the same | ||
certificate requested at the same time, unless, pursuant to
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paragraph (2) of this Section, the Director finds these | ||
additional fees
excessive.
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(w) For issuing a permit to sell shares or increase | ||
paid-up
capital:
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(i) in connection with a public stock offering, | ||
$300;
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(ii) in any other case, $100.
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(x) For issuing any other certificate required or | ||
permissible
under the law, $50.
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(y) For filing a plan of exchange of the stock of a | ||
domestic
stock insurance company, a plan of | ||
demutualization of a domestic
mutual company, or a plan of | ||
reorganization under Article XII, $2,000.
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(z) For filing a statement of acquisition of a
domestic | ||
company as defined in Section 131.4 of this Code, $2,000.
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(aa) For filing an agreement to purchase the business | ||
of an
organization authorized under the Dental Service Plan | ||
Act
or the Voluntary Health Services Plans Act or
of a | ||
health maintenance
organization or a limited health | ||
service organization, $2,000.
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(bb) For filing a statement of acquisition of a foreign | ||
or alien
insurance company as defined in Section 131.12a of | ||
this Code, $1,000.
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(cc) For filing a registration statement as required in | ||
Sections 131.13
and 131.14, the notification as required by | ||
Sections 131.16,
131.20a, or 141.4, or an
agreement or | ||
transaction required by Sections 124.2(2), 141, 141a, or
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141.1, $200.
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(dd) For filing an application for licensing of:
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(i) a religious or charitable risk pooling trust or | ||
a workers'
compensation pool, $1,000;
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(ii) a workers' compensation service company, | ||
$500;
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(iii) a self-insured automobile fleet, $200; or
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(iv) a renewal of or amendment of any license | ||
issued pursuant to (i),
(ii), or (iii) above, $100.
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(ee) For filing articles of incorporation for a | ||
syndicate to engage in
the business of insurance through | ||
the Illinois Insurance Exchange, $2,000.
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(ff) For filing amended articles of incorporation for a | ||
syndicate engaged
in the business of insurance through the | ||
Illinois Insurance Exchange, $100.
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(gg) For filing articles of incorporation for a limited | ||
syndicate to
join with other subscribers or limited | ||
syndicates to do business through
the Illinois Insurance | ||
Exchange, $1,000.
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(hh) For filing amended articles of incorporation for a | ||
limited
syndicate to do business through the Illinois | ||
Insurance Exchange, $100.
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(ii) For a permit to solicit subscriptions to a | ||
syndicate
or limited syndicate, $100.
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(jj) For the filing of each form as required in Section | ||
143 of this
Code, $50 per form. The fee for advisory and | ||
rating
organizations shall be $200 per form.
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(i) For the purposes of the form filing fee, | ||
filings made on insert page
basis will be considered | ||
one form at the time of its original submission.
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Changes made to a form subsequent to its approval shall | ||
be considered a
new filing.
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(ii) Only one fee shall be charged for a form, | ||
regardless of the number
of other forms or policies | ||
with which it will be used.
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(iii) Fees charged for a policy filed as it will be | ||
issued regardless of the number of forms comprising | ||
that policy shall not exceed $1,500. For advisory or | ||
rating organizations, fees charged for a policy filed | ||
as it will be issued regardless of the number of forms | ||
comprising that policy shall not exceed $2,500 | ||
(Blank).
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(iv) The Director may by rule exempt forms from | ||
such fees.
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(kk) For filing an application for licensing of a | ||
reinsurance
intermediary, $500.
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(ll) For filing an application for renewal of a license | ||
of a reinsurance
intermediary, $200.
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(2) When printed copies or numerous copies of the same | ||
paper or records
are furnished or certified, the Director may | ||
reduce such fees for copies
if he finds them excessive. He may, | ||
when he considers it in the public
interest, furnish without | ||
charge to state insurance departments and persons
other than | ||
companies, copies or certified copies of reports of | ||
examinations
and of other papers and records.
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(3) The expenses incurred in any performance
examination | ||
authorized by law shall be paid by the company or person being
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examined. The charge shall be reasonably related to the cost of | ||
the
examination including but not limited to compensation of | ||
examiners,
electronic data processing costs, supervision and | ||
preparation of an
examination report and lodging and travel | ||
expenses.
All lodging and travel expenses shall be in accord
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with the applicable travel regulations as published by the | ||
Department of
Central Management Services and approved by the | ||
Governor's Travel Control
Board, except that out-of-state | ||
lodging and travel expenses related to
examinations authorized | ||
under Section 132 shall be in accordance with
travel rates | ||
prescribed under paragraph 301-7.2 of the Federal Travel
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Regulations, 41 C.F.R. 301-7.2, for reimbursement of | ||
subsistence expenses
incurred during official travel. All | ||
lodging and travel expenses may be reimbursed directly upon | ||
authorization of the
Director. With the exception of the
direct | ||
reimbursements authorized by the
Director, all performance | ||
examination charges collected by the
Department shall be paid
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to the Insurance Producers Administration Fund,
however, the | ||
electronic data processing costs
incurred by the Department in | ||
the performance of any examination shall be
billed directly to | ||
the company being examined for payment to the
Statistical | ||
Services Revolving Fund.
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(4) At the time of any service of process on the Director
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as attorney for such service, the Director shall charge and | ||
collect the
sum of $20, which may be recovered as taxable costs | ||
by
the party to the suit or action causing such service to be | ||
made if he prevails
in such suit or action.
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(5) (a) The costs incurred by the Department of Insurance
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in conducting any hearing authorized by law shall be assessed | ||
against the
parties to the hearing in such proportion as the | ||
Director of Insurance may
determine upon consideration of all | ||
relevant circumstances including: (1)
the nature of the | ||
hearing; (2) whether the hearing was instigated by, or
for the | ||
benefit of a particular party or parties; (3) whether there is | ||
a
successful party on the merits of the proceeding; and (4) the | ||
relative levels
of participation by the parties.
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(b) For purposes of this subsection (5) costs incurred | ||
shall
mean the hearing officer fees, court reporter fees, and | ||
travel expenses
of Department of Insurance officers and | ||
employees; provided however, that
costs incurred shall not | ||
include hearing officer fees or court reporter
fees unless the | ||
Department has retained the services of independent
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contractors or outside experts to perform such functions.
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(c) The Director shall make the assessment of costs | ||
incurred as part of
the final order or decision arising out of | ||
the proceeding; provided, however,
that such order or decision | ||
shall include findings and conclusions in support
of the | ||
assessment of costs. This subsection (5) shall not be construed | ||
as
permitting the payment of travel expenses unless calculated | ||
in accordance
with the applicable travel regulations of the | ||
Department
of Central Management Services, as approved by the | ||
Governor's Travel Control
Board. The Director as part of such | ||
order or decision shall require all
assessments for hearing | ||
officer fees and court reporter fees, if any, to
be paid | ||
directly to the hearing officer or court reporter by the | ||
party(s)
assessed for such costs. The assessments for travel | ||
expenses of Department
officers and employees shall be | ||
reimbursable to the
Director of Insurance for
deposit to the | ||
fund out of which those expenses had been paid.
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(d) The provisions of this subsection (5) shall apply in | ||
the case of any
hearing conducted by the Director of Insurance | ||
not otherwise specifically
provided for by law.
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(6) The Director shall charge and collect an annual | ||
financial
regulation fee from every domestic company for | ||
examination and analysis of
its financial condition and to fund | ||
the internal costs and expenses of the
Interstate Insurance | ||
Receivership Commission as may be allocated to the State
of | ||
Illinois and companies doing an insurance business in this | ||
State pursuant to
Article X of the Interstate Insurance | ||
Receivership Compact. The fee shall be
the greater fixed amount | ||
based upon
the combination of nationwide direct premium income | ||
and
nationwide reinsurance
assumed premium
income or upon | ||
admitted assets calculated under this subsection as follows:
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(a) Combination of nationwide direct premium income | ||
and
nationwide reinsurance assumed premium.
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(i) $150, if the premium is less than $500,000 and | ||
there is
no
reinsurance assumed premium;
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(ii) $750, if the premium is $500,000 or more, but | ||
less
than $5,000,000
and there is no reinsurance | ||
assumed premium; or if the premium is less than
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$5,000,000 and the reinsurance assumed premium is less | ||
than $10,000,000;
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(iii) $3,750, if the premium is less than | ||
$5,000,000 and
the reinsurance
assumed premium is | ||
$10,000,000 or more;
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(iv) $7,500, if the premium is $5,000,000 or more, | ||
but
less than
$10,000,000;
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(v) $18,000, if the premium is $10,000,000 or more, | ||
but
less than $25,000,000;
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(vi) $22,500, if the premium is $25,000,000 or | ||
more, but
less
than $50,000,000;
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(vii) $30,000, if the premium is $50,000,000 or | ||
more,
but less than $100,000,000;
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(viii) $37,500, if the premium is $100,000,000 or | ||
more.
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(b) Admitted assets.
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(i) $150, if admitted assets are less than | ||
$1,000,000;
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(ii) $750, if admitted assets are $1,000,000 or | ||
more, but
less than
$5,000,000;
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(iii) $3,750, if admitted assets are $5,000,000 or | ||
more,
but less than
$25,000,000;
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(iv) $7,500, if admitted assets are $25,000,000 or | ||
more,
but less than
$50,000,000;
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(v) $18,000, if admitted assets are $50,000,000 or | ||
more,
but less than
$100,000,000;
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(vi) $22,500, if admitted assets are $100,000,000 | ||
or
more, but less
than $500,000,000;
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(vii) $30,000, if admitted assets are $500,000,000 | ||
or
more, but less
than $1,000,000,000;
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(viii) $37,500, if admitted assets are | ||
$1,000,000,000
or more.
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(c) The sum of financial regulation fees charged to the | ||
domestic
companies of the same affiliated group shall not | ||
exceed $250,000
in the aggregate in any single year and | ||
shall be billed by the Director to
the member company | ||
designated by the
group.
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(7) The Director shall charge and collect an annual | ||
financial regulation
fee from every foreign or alien company, | ||
except fraternal benefit
societies, for the
examination and | ||
analysis of its financial condition and to fund the internal
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costs and expenses of the Interstate Insurance Receivership | ||
Commission as may
be allocated to the State of Illinois and | ||
companies doing an insurance business
in this State pursuant to | ||
Article X of the Interstate Insurance Receivership
Compact.
The | ||
fee shall be a fixed amount based upon Illinois direct premium | ||
income
and nationwide reinsurance assumed premium income in | ||
accordance with the
following schedule:
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(a) $150, if the premium is less than $500,000 and | ||
there is
no
reinsurance assumed premium;
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(b) $750, if the premium is $500,000 or more, but less | ||
than
$5,000,000
and there is no reinsurance assumed | ||
premium;
or if the premium is less than $5,000,000 and the | ||
reinsurance assumed
premium is less than $10,000,000;
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(c) $3,750, if the premium is less than $5,000,000 and | ||
the
reinsurance
assumed premium is $10,000,000 or more;
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(d) $7,500, if the premium is $5,000,000 or more, but | ||
less
than
$10,000,000;
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(e) $18,000, if the premium is $10,000,000 or more, but
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less than
$25,000,000;
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(f) $22,500, if the premium is $25,000,000 or more, but
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less than
$50,000,000;
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(g) $30,000, if the premium is $50,000,000 or more, but
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less than
$100,000,000;
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(h) $37,500, if the premium is $100,000,000 or more.
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The sum of financial regulation fees under this subsection | ||
(7)
charged to the foreign or alien companies within the same | ||
affiliated group
shall not exceed $250,000 in the aggregate in | ||
any single year
and shall be
billed by the Director to the | ||
member company designated by the group.
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(8) Beginning January 1, 1992, the financial regulation | ||
fees imposed
under subsections (6) and (7)
of this Section | ||
shall be paid by each company or domestic affiliated group
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annually. After January
1, 1994, the fee shall be billed by | ||
Department invoice
based upon the company's
premium income or | ||
admitted assets as shown in its annual statement for the
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preceding calendar year. The invoice is due upon
receipt and | ||
must be paid no later than June 30 of each calendar year. All
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financial
regulation fees collected by the Department shall be | ||
paid to the Insurance
Financial Regulation Fund. The Department | ||
may not collect financial
examiner per diem charges from | ||
companies subject to subsections (6) and (7)
of this Section | ||
undergoing financial examination
after June 30, 1992.
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(9) In addition to the financial regulation fee required by | ||
this
Section, a company undergoing any financial examination | ||
authorized by law
shall pay the following costs and expenses | ||
incurred by the Department:
electronic data processing costs, | ||
the expenses authorized under Section 131.21
and
subsection (d) | ||
of Section 132.4 of this Code, and lodging and travel expenses.
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Electronic data processing costs incurred by the | ||
Department in the
performance of any examination shall be | ||
billed directly to the company
undergoing examination for | ||
payment to the Statistical Services Revolving
Fund. Except for | ||
direct reimbursements authorized by the Director or
direct | ||
payments made under Section 131.21 or subsection (d) of Section
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132.4 of this Code, all financial regulation fees and all | ||
financial
examination charges collected by the Department | ||
shall be paid to the
Insurance Financial Regulation Fund.
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All lodging and travel expenses shall be in accordance with | ||
applicable
travel regulations published by the Department of | ||
Central Management
Services and approved by the Governor's | ||
Travel Control Board, except that
out-of-state lodging and | ||
travel expenses related to examinations authorized
under | ||
Sections 132.1 through 132.7 shall be in accordance
with travel | ||
rates prescribed
under paragraph 301-7.2 of the Federal Travel | ||
Regulations, 41 C.F.R. 301-7.2,
for reimbursement of | ||
subsistence expenses incurred during official travel.
All | ||
lodging and travel expenses may be
reimbursed directly upon the | ||
authorization of the Director.
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In the case of an organization or person not subject to the | ||
financial
regulation fee, the expenses incurred in any | ||
financial examination authorized
by law shall be paid by the | ||
organization or person being examined. The charge
shall be | ||
reasonably related to the cost of the examination including, | ||
but not
limited to, compensation of examiners and other costs | ||
described in this
subsection.
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(10) Any company, person, or entity failing to make any | ||
payment of $150
or more as required under this Section shall be | ||
subject to the penalty and
interest provisions provided for in | ||
subsections (4) and (7)
of Section 412.
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(11) Unless otherwise specified, all of the fees collected | ||
under this
Section shall be paid into the Insurance Financial | ||
Regulation Fund.
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(12) For purposes of this Section:
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(a) "Domestic company" means a company as defined in | ||
Section 2 of this
Code which is incorporated or organized | ||
under the laws of this State, and in
addition includes a | ||
not-for-profit corporation authorized under the Dental
| ||
Service Plan Act or the Voluntary Health
Services Plans | ||
Act, a health maintenance organization, and a
limited
| ||
health service organization.
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(b) "Foreign company" means a company as defined in | ||
Section 2 of this
Code which is incorporated or organized | ||
under the laws of any state of the
United States other than | ||
this State and in addition includes a health
maintenance | ||
organization and a limited health service organization | ||
which is
incorporated or organized under the laws
of any | ||
state of the United States other than this State.
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(c) "Alien company" means a company as defined in | ||
Section 2 of this Code
which is incorporated or organized | ||
under the laws of any country other than
the United States.
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(d) "Fraternal benefit society" means a corporation, | ||
society, order,
lodge or voluntary association as defined | ||
in Section 282.1 of this
Code.
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(e) "Mutual benefit association" means a company, | ||
association or
corporation authorized by the Director to do | ||
business in this State under
the provisions of Article | ||
XVIII of this Code.
| ||
(f) "Burial society" means a person, firm, | ||
corporation, society or
association of individuals | ||
authorized by the Director to do business in
this State | ||
under the provisions of Article XIX of this Code.
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(g) "Farm mutual" means a district, county and township | ||
mutual insurance
company authorized by the Director to do | ||
business in this State under the
provisions of the Farm | ||
Mutual Insurance Company Act of 1986.
| ||
(Source: P.A. 93-32, eff. 7-1-03; 93-1083, eff. 2-7-05.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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