95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2908


 
Introduced 2/15/2008, by Sen. Michael Noland
 
SYNOPSIS AS INTRODUCED:
 		













215 ILCS 5/Art. XLV heading new






215 ILCS 5/1500 new






215 ILCS 5/1501 new






215 ILCS 5/1502 new






215 ILCS 5/1503 new






215 ILCS 5/1504 new






215 ILCS 5/1505 new






215 ILCS 5/1506 new










    Amends the Illinois Insurance Code. Creates a new Article establishing
the Insurance Consumer Advocate Law.  Provides that the Lieutenant Governor shall serve as the Insurance Public Advocate. Provides that if the position of Lieutenant Governor is vacant, a competent individual appointed by the Governor for the duration of the unexpired term shall fill the Insurance Public Advocate position. Sets forth the powers and duties of the Insurance Public Advocate.  Provides that the Insurance Public Advocate may hire professional and non-professional employees as he or she finds necessary for the full and efficient discharge of the powers and duties of the Office. Provides that the Insurance Public Advocate shall, prior to beginning the discharge of duties of that office, take a Constitutional oath of office and give bond.
Provides that the Insurance Public Advocate shall have access to all files, records, and documents of the Division of Insurance as outlined within the Act. Effective immediately.



















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB2908

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    AN ACT concerning regulation.

 
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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 adding 
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Article XLV as follows:
 
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    (215 ILCS 5/Art. XLV heading new)

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ARTICLE XLV.  ARTICLE XLV. INSURANCE CONSUMER ADVOCATE

 
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    (215 ILCS 5/1500  new)
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    Sec. 1500. Short title. This Article may be cited as the 
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Insurance Consumer Advocate Law.
 
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    (215 ILCS 5/1501  new)
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    Sec. 1501. Appointment. The Lieutenant Governor shall 
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serve as the Insurance Public Advocate. If the position of 
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Lieutenant Governor is vacant, a competent individual 
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appointed by the Governor for the duration of the unexpired 
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term shall fill the Insurance Public Advocate position.  This 
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appointment shall be made with the advice and consent of the 
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Senate.  The Insurance Public Advocate shall be considered a 
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State employee for purposes of the State Officials and 
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Employees Ethics Act. The Insurance Public Advocate shall 
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receive an annual salary as set by the Governor from time to 
 


 






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time or as set by the Compensation Review Board, whichever is 
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greater.
 
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    (215 ILCS 5/1502  new)
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    Sec. 1502. Powers and duties. The Insurance Public Advocate 
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shall have the authority to:
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        (1) investigate the legality of all rates, charges, 
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    rules, regulations, and practices of all persons under the 
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    jurisdiction of the Division of Insurance within the 
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    Department of Financial and Professional Regulation;
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        (2) make recommendations to the General Assembly 
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    regarding insurance regulation;
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        (3) make recommendations to the Division regarding 
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    insurance regulations;
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        (4) appeal rulemakings and other decisions of the 
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    Department regarding insurance issues;
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        (5) institute judicial review of final or 
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    interlocutory actions of the Department regarding

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    insurance issues;
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        (6) represent all consumers and the public generally in 
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    all insurance-related proceedings before the Department 
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    and other State agencies and in related judicial review

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    proceedings or appeals; and
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        (7) prepare an annual budget adequate to discharge the 
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    duties of the office of Insurance Public Advocate for 
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    presentation to the General Assembly.
 
 


 






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    (215 ILCS 5/1503  new)
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    Sec. 1503. Office, employees, and expenses. The Insurance 
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Public Advocate may hire professional and non-professional 
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employees as he or she finds necessary for the full and 
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efficient discharge of the powers and duties of the Office.
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    The Insurance Public Advocate may also retain consultants, 
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expert witnesses or technical advisors necessary for the full 
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and efficient discharge of the powers and duties of the Office.
 
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    (215 ILCS 5/1504  new)
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    Sec. 1504. Oath. The Insurance Public Advocate shall, prior 
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to beginning the discharge of the duties of this Law, qualify 
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for that position by taking and subscribing to the 
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Constitutional oath of office and filing the signed oath in the 
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Office of the Secretary of State.
 
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    (215 ILCS 5/1505  new)
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    Sec. 1505. Bond. The Insurance Public Advocate shall give 
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bond before entering upon the discharge of the duties of that 
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office by inclusion in the blanket bond or bonds or 
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self-insurance program provided in Sections 14.1 and 14.2 of 
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the Official Bond Act.
 
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    (215 ILCS 5/1506  new)
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    Sec. 1506. Access to the records of the Division of 
 


 






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Insurance. Notwithstanding any other provision of law, for 
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purposes of carrying out the powers and duties of this Law, the 
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Insurance Public Advocate shall have access to all files, 
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records, and documents of the Division of Insurance except the 
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following:
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        (1) personnel information in confidential personnel 
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    files for the Division;
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        (2) any records or documents that qualify for the work 
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    product or attorney-client privilege where the Division is 
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    the client; and
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        (3) proprietary information of an insurance company 
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    that was provided by the insurance company to the Division.
 

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