All Roll Calls
Yes: 178 • No: 0
IllinoisHB5376104th General Assembly (2025–2026)HouseWALLET
MINE SUBSIDENCE INSURANCE FUND
Sponsored By: Sponsor information unavailable
Signed by Governor
Summary
Amends the Mine Subsidence Insurance Article of the Illinois Insurance Code. Makes changes to defined terms. Provides that the moneys in the Illinois Mine Subsidence Insurance Fund shall be derived primarily from premiums for mine subsidence insurance ceded by insurers to the Fund pursuant to the Article and from investment income. In establishing mine subsidence insurance premium rates, provides that the Fund shall give due consideration to factors reasonably considered by an insurer when setting premium rates. Changes terms related to the appointment of directors in provisions concerning management of the Fund and establishes 3-year staggered terms for the directors. Provides that all directors shall be independent and owe a duty of care and duty of loyalty to the Fund. In provisions concerning mine subsidence coverage, provides that the loss covered shall be the loss in excess of any applicable deductible or retention in the policy, subject to the limit of insurance for mine subsidence damage stated in the policy. For all policies issued or renewed on or after January 1, 2027, provides that there shall be no deductible or retention applicable to mine subsidence damage. For all policies issued or renewed on or after the effective date of the amendatory Act, provides that the maximum amount of reinsured loss per residence, per commercial building, and per living unit shall be the amounts established by the Fund and approved by the Director. Provides that the residential and living unit coverage provided under the Article may also cover specified costs of debris removal, moving and storage of contents, and repair or replacement of landscaping. Makes changes in provisions concerning division of the Fund; exemptions; rights of insurers to refuse to provide mine subsidence coverage; arbitration; reinsurance agreements; distribution of premiums; reporting requirements; right of recourse and setoffs; subrogation; and powers of the Director of Insurance.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 0 benefits, 1 costs, 3 mixed.
More protection for subsidence claims
Beginning January 1, 2027, policies issued or renewed on or after that date have no deductible or retention for mine subsidence damage. Residential coverage may include necessary, actually paid costs for debris removal, moving and storage, and landscaping repairs; every policy is not required to include them. For a covered loss that temporarily displaces a living-unit owner, additional living expenses count toward the existing coverage limit, not on top of it. After a loss, policy terms must protect your right to seek recovery from others, while insurers and the Fund also keep legal recovery rights. If you previously waived coverage in writing, your insurer must notify you that it is available with a connected renewal or supplementary policy; it does not need a new waiver. For an ongoing loss covered when damage first became observable, the insurer must notify you within 60 days after the Fund confirms active subsidence. You can end continued coverage with a signed waiver, and the insurer must refund premiums paid after the loss date within 60 days of receiving it.
New reporting rules for subsidence insurers
Insurance companies, farm mutuals, and reciprocals licensed and authorized to write Class 3 policies in Illinois are included in the insurer rules. Insurers that write mine subsidence coverage must provide information the Fund reasonably needs, including losses, premiums, and insured risks. They must cooperate with the Fund’s record reviews, audits, and reasonable requests to evaluate and price exposure. The Fund can sponsor research to improve the program or reduce subsidence losses. The Illinois Director must review Fund rates once every three years; the law does not require a rate change.
Mine coverage varies by property
The law covers Illinois buildings fixed to land, including homes with up to four families, living units, and insurer-classified commercial buildings. The rules apply to standard fire and extended-coverage policies, or similar policies, but not marine insurance or liability reinsurance. Mine subsidence must directly damage a covered building through a failure inside an underground mineral mine; surface mining, earthquakes, landslides, soil conditions, and storm or sewer drains do not qualify. Land and outdoor property, such as crops and landscaping, are outside the building definition. In counties not exempted, qualifying policies include coverage unless waived in writing; in exempt counties, insurers must offer it on request. Insurers may refuse coverage until unrepaired subsidence damage is fixed.
Insurers use a private subsidence fund
The law makes the Illinois Mine Subsidence Insurance Fund a taxable private reinsurer, funded mainly by insurance premiums ceded to it and investment income. Insurers must sign agreements approved by the Illinois Director of Insurance and cede 100% of mine subsidence insurance they write, up to the Fund’s limits. The Fund sets the maximum loss it will reinsure, subject to the Director’s approval; minimums remain $200,000 per residence or commercial building and $15,000 per living unit. The Fund may set a share of premiums that insurers keep as a commission. Residential and commercial commission rates can differ, but each rate must be uniform across agreements and based on reasonable administrative costs. Insurers state the coverage premium separately, using rates set by the Fund.
Sponsors & Cosponsors
Sponsors
There is no primary sponsor on record.
Cosponsors
Amy Elik
Republican • House
Anthony DeLuca
Democratic • House
Christopher Belt
Democratic • Senate
Erica Harriss
Republican • Senate
Jawaharial Williams
Democratic • House
Jay Hoffman
Democratic • House
Jeff Keicher
Republican • House
Roll Call Votes
Senate vote • 5/14/2026
Third Reading - Passed;
Yes: 58 • No: 0
House vote • 4/9/2026
Third Reading - Short Debate - Passed
Yes: 106 • No: 0
House vote • 3/24/2026
Do Pass as Amended / Short Debate Insurance Committee;
Yes: 14 • No: 0
Actions Timeline
Public Act . . . . . . . . . 104-0519
6/26/2026HouseEffective Date January 1, 2027
6/26/2026HouseGovernor Approved
6/26/2026HouseSent to the Governor
6/12/2026HousePassed Both Houses
5/14/2026HouseThird Reading - Passed; 058-000-000
5/14/2026SenatePlaced on Calendar Order of 3rd Reading May 5, 2026
4/30/2026SenateSecond Reading
4/30/2026SenatePlaced on Calendar Order of 2nd Reading April 28, 2026
4/22/2026SenateApproved for Consideration Assignments
4/22/2026SenateAdded as Alternate Co-Sponsor Sen. Erica Harriss
4/16/2026SenateReferred to Assignments
4/10/2026SenateFirst Reading
4/10/2026SenateChief Senate Sponsor Sen. Christopher Belt
4/10/2026SenatePlaced on Calendar Order of First Reading
4/10/2026SenateArrive in Senate
4/10/2026SenateThird Reading - Short Debate - Passed 106-000-000
4/9/2026HousePlaced on Calendar Order of 3rd Reading - Short Debate
4/7/2026HouseSecond Reading - Short Debate
4/7/2026HouseAdded Co-Sponsor Rep. Amy Elik
4/7/2026HousePlaced on Calendar 2nd Reading - Short Debate
3/25/2026HouseAdded Co-Sponsor Rep. Jeff Keicher
3/24/2026HouseAdded Co-Sponsor Rep. Jawaharial Williams
3/24/2026HouseAdded Co-Sponsor Rep. Anthony DeLuca
3/24/2026HouseDo Pass as Amended / Short Debate Insurance Committee; 014-000-000
3/24/2026House
Bill Text
Engrossed
Enrolled
House Amendment 1
Introduced
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