State of Illinois
92nd General Assembly
Legislation

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92_HB3181

 
                                               LRB9206835JSpc

 1        AN ACT concerning insurance industry investments.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.  Short  title.  This  Act may be cited as the
 5    Insurance Industry Investment Equity Fund Act.

 6        Section 5.  Insurance Industry Investment Equity Board.
 7        (a)  There is created the Insurance  Industry  Investment
 8    Equity  Board.   The Board shall consist of 9 members, one of
 9    whom shall be the Director of Insurance, who shall  serve  ex
10    officio, and one of whom shall be the managing officer of the
11    fiscal  agent  hired  by  the  Department  of Insurance.  The
12    Governor shall appoint the remaining 7 members.  Three of the
13    members shall represent  participating  insurers,  3  of  the
14    members  shall  represent  entities eligible for funding, and
15    one member shall be an employee the Department of Insurance.
16    An appointed member shall serve for a term of 5 years, except
17    that in making the initial appointments, the  Governor  shall
18    appoint  one  member  to  serve  for  a term of one year, one
19    member to serve for a term of 2 years, 2 members to serve for
20    a term of 3 years, 2 members to serve for a term of 4  years,
21    and  one  member to serve for a term of 5 years.  A member is
22    eligible for reappointment to the Board.
23        (b)  Members  shall  serve  without   compensation,   but
24    members  who  are not employees of the State or of the fiscal
25    agent are entitled to reimbursement for their reasonable  and
26    necessary  expenses  incurred  in  the  performance  of their
27    official duties.

28        Section 10.  Participating investors.
29        (a)  Insurance  companies  authorized  to   transact   an
30    insurance  business  in  this  State  may  participate in the
 
                            -2-                LRB9206835JSpc
 1    Insurance  Industry   Investment   Equity   Fund.   Insurance
 2    companies  that  possess  excess  surplus,  as defined by the
 3    Department of Insurance, must participate  in  the  Insurance
 4    Industry  Investment Equity Fund with a minimum investment of
 5    $1,000,000.
 6        (b)  The  Department  of  Insurance  must  identify   all
 7    insurance  companies  that  possess excess surplus and notify
 8    them of this required investment.

 9        Section 15.  Fiscal agent.  The Department  of  Insurance
10    shall  hire  a fiscal agent to manage the responsibilities of
11    the Insurance Industry Investment Equity Fund  as  determined
12    by  the  Insurance  Industry  Investment  Equity  Board.  The
13    responsibilities of the Insurance Industry Investment  Equity
14    Fund  include,  but are not limited to, designing, marketing,
15    and underwriting loan and equity products.

16        Section 20.  Eligible recipients  of  Insurance  Industry
17    Investment   Equity   Fund  investment  capital.   Investment
18    capital from the Insurance Industry  Investment  Equity  Fund
19    may   be   invested   with  community  development  financial
20    institutions certified by the United States Treasury and with
21    not-for-profit community development organizations that  have
22    received an exemption under Section 501(c)(3) of the Internal
23    Revenue  Code  and are certified by the Secretary of State to
24    be in good standing.

25        Section 25.  Eligible functions of investment capital.
26        (a)  The Insurance Industry Investment Equity Board shall
27    establish the eligible functions of  the  investment  capital
28    that  is awarded to eligible recipients.  In establishing the
29    eligible  functions  of  investment  capital,  the  Insurance
30    Industry Investment Equity Board must consider, at a minimum,
31    the requirements of subsections (b) and (c) of this Section.
 
                            -3-                LRB9206835JSpc
 1        (b)  A portion of the available investment  capital  must
 2    be  made  available  for  eligible  recipients to use as real
 3    estate development equity.  The Insurance Industry Investment
 4    Equity  Board  shall  determine  the  return  on   investment
 5    requirements  and  length  of  investment  for  this  type of
 6    investment  on  a  project-by-project  basis.  The  Insurance
 7    Industry Investment Equity Board must  establish  eligibility
 8    and underwriting guidelines for this type of investment.
 9        (c)  A  portion  of the available investment capital must
10    be  made  available  for  eligible  recipients  to  use   for
11    equity-like  investments.   The Insurance Industry Investment
12    Equity  Board  shall  determine  the  return  on   investment
13    requirements    for    this   type   of   investment   on   a
14    project-by-project basis.  The term of the investment may not
15    exceed 15 years.  The investment capital  for  this  type  of
16    investment  shall  be  made  available on an unsecured basis.
17    The Insurance Industry Investment  Equity  Board  shall  give
18    priority to eligible recipients seeking community development
19    financial  institution  investment  matches.   The  Insurance
20    Industry  Investment  Equity Board must establish eligibility
21    and underwriting guidelines for this type of investment.

22        Section   30.  Administration   of   Act;   rules.    The
23    Department of  Insurance  shall  administer  this  Act.   The
24    Department   of   Insurance  may  issue  rules  necessary  to
25    administer this Act.

26        Section 99.  Effective date. This Act takes  effect  upon
27    becoming law.

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