H1614B2067A02676 AJM:SRA 07/03/07 #90 A02676 AMENDMENTS TO HOUSE BILL NO. 1614 Sponsor: REPRESENTATIVE GODSHALL Printer's No. 2067 1 Amend Title, page 1, line 12, by removing the period after 2 "subsidiaries" and inserting 3 and for real estate which may be acquired, held and 4 conveyed. 5 Amend Bill, page 4, by inserting between lines 8 and 9 6 Section 2. Section 519(e) of the act, amended December 18, 7 1992 (P.L.1519, No.178), is amended to read: 8 Section 519. Real Estate Which May Be Acquired, Held, and 9 Conveyed.--A domestic stock fire, stock marine, or stock fire 10 and marine insurance company may, directly or indirectly, alone 11 or in combination with one or more other persons or entities 12 (except that no domestic stock fire, stock marine, or stock fire 13 and marine insurance company may participate in a general 14 partnership), acquire by purchase, lease or otherwise or 15 receive, hold, or convey real estate, or any interest therein: 16 * * * 17 (e) As an investment for the production of income or capital 18 appreciation, or so acquired for development, improvement, 19 maintenance or construction and maintenance for such investment 20 purposes, provided that the aggregate cost of investments in 21 unimproved real estate under this subsection shall not exceed 22 the lesser of ten per centum (10%) of the company's admitted 23 assets or forty-five per centum (45%) of its capital and 24 surplus. Investments under this subsection, including 25 investments in limited partnership interests or other entities 26 where the entities are engaged primarily in holding real estate 27 or interests in real estate under this subsection and 28 corporations that are engaged primarily in holding real estate 29 or interests in real estate as defined in this subsection and 30 the majority of whose voting securities are owned directly or 31 indirectly through one or more intermediaries, shall not exceed 32 twenty-five per centum (25%) of the company's admitted assets. 33 Section 3. Section 519.1(c)(1) of the act, amended February 34 17, 1994 (P.L.92, No.9), is amended to read: 35 Section 519.1. Additional Investment Authority for 36 Subsidiaries.--* * * 37 (c) (1) At no time shall a domestic stock fire, stock 38 marine or stock fire and marine insurance company make an 39 investment in any subsidiary which will bring the aggregate 40 value of its investments, as determined for annual statement
1 purposes but not in excess of cost, in all subsidiaries under 2 this subsection to an amount in excess of ten per centum (10%) 3 of its total admitted assets as of the immediately preceding 4 thirty-first day of December. In determining the amount of 5 investments of any domestic stock fire, stock marine or stock 6 fire and marine insurance company in subsidiaries for purposes 7 of this subsection, there shall be included investments made 8 directly by such insurance company and, if such investment is 9 made by another subsidiary, then to the extent that funds for 10 such investments are provided by the insurance company for such 11 purpose. A domestic stock fire, stock marine or stock fire and 12 marine insurance company may increase the aggregate value of its 13 investments, as determined for annual statement purposes but not 14 in excess of cost, in all subsidiaries in excess of ten per 15 centum (10%) but at no time in excess of fifteen per centum(15%) 16 of its total admitted assets as of the immediately preceding 17 thirty-first day of December if the increase has been approved 18 in writing by the Insurance Department prior to making the 19 investment. If the Insurance Department does not approve or 20 disapprove the increased investment limit within thirty (30) 21 days of receipt of a request for approval, the increased 22 investment shall be deemed approved. 23 * * * 24 Amend Sec. 2, page 4, line 9, by striking out "2" and 25 inserting 26 4 G3L90AJM/HB1614A02676 - 2 -