Public Act 097-0207
 
HB1128 EnrolledLRB097 06594 RPM 46679 b


  
    AN ACT concerning insurance.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Insurance Code is amended  by 
changing Sections 1520 and 1535 and adding Section 500-155 as 
follows:
 
    (215 ILCS 5/500-155 new)
    Sec. 500-155. Disclosure. A policy the solicitation of 
which involves an
insurance producer,
limited insurance 
representative, or temporary insurance producer must identify

the name of the
producer, representative, or firm.  An 
individual life or accident and health
application and a
master 
policy application for life or accident and health group 
coverages must
bear the name and
signature of the licensee who 
solicited and wrote the application.
 
    (215 ILCS 5/1520)

    Sec. 1520. Application for license.
    (a) A person applying for a public adjuster license shall 
make application to the Director on the appropriate uniform 
application or other application prescribed by the Director.
    (b) The applicant shall declare under penalty of perjury 
and under penalty of refusal, suspension, or revocation of the 
license that the statements made in the application are true, 
correct, and complete to the best of the applicant's knowledge 
and belief.
    (c) In order to make a determination of license 
eligibility, the Director is authorized to require all 
applicants for licensing, including renewal applicants, to 
undergo a fingerprint-based criminal history record check for 
the first year following the effective date of this amendatory 
Act of the 97th General Assembly.  The fingerprints and the fee 
required to perform the criminal history record checks shall be 
submitted to the Department of State Police and the Federal 
Bureau of Investigation (FBI) to conduct a State and national 
criminal history record check. The Department of State Police 
and the Federal Bureau of Investigation shall furnish to the 
Department of Insurance all records of convictions, unless or 
until expunged, pursuant to the fingerprint-based criminal 
history records check. The Department of State Police shall 
charge a fee for conducting such checks, which fee shall be 
deposited into the State Police Services Fund and shall not 
exceed the cost of the inquiry. The applicant shall be required 
to pay all fees associated with conducting the criminal history 
record check. In order to make a determination of license 
eligibility, the Director is authorized to require 
fingerprints of applicants and submit such fingerprints and the 
fee required to perform the criminal history record checks to 
the Illinois State Police and the Federal Bureau of 
Investigation (FBI) for State and national criminal history 
record checks.
    (d) The Director may adopt rules to establish procedures 
necessary to carry out the requirements of subsection (c) of 
this Section.
    (e) The Director is authorized to submit electronic 
fingerprint records and necessary identifying information to 
the NAIC, its affiliates, or subsidiaries for permanent 
retention in a centralized repository. The purpose of such a 
centralized repository is to provide Directors with access to 
fingerprint records in order to perform criminal history record 
checks.
    (f) Until such time as the Director can obtain and receive 
national criminal history records, the applicant shall obtain a 
copy of his or her fingerprints and complete criminal history 
record from the FBI Criminal Justice Information Services 
Division and the Illinois State Police and provide such 
information to the Department of Insurance. 

(Source: P.A. 96-1332, eff. 1-1-11.)
 
    (215 ILCS 5/1535)

    Sec. 1535. Exemptions from examination.
    (a) An individual who applies for a public adjuster license 
in this State who was previously licensed as a public adjuster 
in another state based on a public adjuster examination shall 
not be required to complete any examination prelicensing 
education. This exemption is only available if (i) the person 
is currently licensed in that state or if the application is 
received within 12 months of the cancellation of the 
applicant's previous license; and (ii) if the prior state 
issues a certification that, at the time of cancellation, the 
applicant was in good standing in that state or the state's 
producer database records or records maintained by the NAIC, 
its affiliates, or subsidiaries, indicate that the public 
adjuster is or was licensed in good standing.
    (b) A person licensed as a public adjuster in another state 
based on a public adjuster examination who moves to this State 
shall submit an application within 90 days of establishing 
legal residence to become a resident licensee pursuant to 
Section 1525 of this Article. No prelicensing examination shall 
be required of that person to obtain a public adjuster license.
    (c) An individual who applies for a public adjuster license 
in this State who was previously licensed as a public adjuster 
in this State shall not be required to complete any 
prelicensing examination. This exemption is only available if 
the application is received within 12 months of the 
cancellation of the applicant's previous license in this State 
and if, at the time of cancellation, the applicant was in good 
standing in this State.

(Source: P.A. 96-1332, eff. 1-1-11.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.