Full Text of HB1128 97th General Assembly
HB1128enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning insurance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Insurance Code is amended by | 5 | | changing Sections 1520 and 1535 and adding Section 500-155 as | 6 | | follows: | 7 | | (215 ILCS 5/500-155 new) | 8 | | Sec. 500-155. Disclosure. A policy the solicitation of | 9 | | which involves an
insurance producer,
limited insurance | 10 | | representative, or temporary insurance producer must identify
| 11 | | the name of the
producer, representative, or firm. An | 12 | | individual life or accident and health
application and a
master | 13 | | policy application for life or accident and health group | 14 | | coverages must
bear the name and
signature of the licensee who | 15 | | solicited and wrote the application. | 16 | | (215 ILCS 5/1520)
| 17 | | Sec. 1520. Application for license. | 18 | | (a) A person applying for a public adjuster license shall | 19 | | make application to the Director on the appropriate uniform | 20 | | application or other application prescribed by the Director. | 21 | | (b) The applicant shall declare under penalty of perjury | 22 | | and under penalty of refusal, suspension, or revocation of the |
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| 1 | | license that the statements made in the application are true, | 2 | | correct, and complete to the best of the applicant's knowledge | 3 | | and belief. | 4 | | (c) In order to make a determination of license | 5 | | eligibility, the Director is authorized to require all | 6 | | applicants for licensing, including renewal applicants, to | 7 | | undergo a fingerprint-based criminal history record check for | 8 | | the first year following the effective date of this amendatory | 9 | | Act of the 97th General Assembly. The fingerprints and the fee | 10 | | required to perform the criminal history record checks shall be | 11 | | submitted to the Department of State Police and the Federal | 12 | | Bureau of Investigation (FBI) to conduct a State and national | 13 | | criminal history record check. The Department of State Police | 14 | | and the Federal Bureau of Investigation shall furnish to the | 15 | | Department of Insurance all records of convictions, unless or | 16 | | until expunged, pursuant to the fingerprint-based criminal | 17 | | history records check. The Department of State Police shall | 18 | | charge a fee for conducting such checks, which fee shall be | 19 | | deposited into the State Police Services Fund and shall not | 20 | | exceed the cost of the inquiry. The applicant shall be required | 21 | | to pay all fees associated with conducting the criminal history | 22 | | record check. In order to make a determination of license | 23 | | eligibility, the Director is authorized to require | 24 | | fingerprints of applicants and submit such fingerprints and the | 25 | | fee required to perform the criminal history record checks to | 26 | | the Illinois State Police and the Federal Bureau of |
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| 1 | | Investigation (FBI) for State and national criminal history | 2 | | record checks. | 3 | | (d) The Director may adopt rules to establish procedures | 4 | | necessary to carry out the requirements of subsection (c) of | 5 | | this Section. | 6 | | (e) The Director is authorized to submit electronic | 7 | | fingerprint records and necessary identifying information to | 8 | | the NAIC, its affiliates, or subsidiaries for permanent | 9 | | retention in a centralized repository. The purpose of such a | 10 | | centralized repository is to provide Directors with access to | 11 | | fingerprint records in order to perform criminal history record | 12 | | checks. | 13 | | (f) Until such time as the Director can obtain and receive | 14 | | national criminal history records, the applicant shall obtain a | 15 | | copy of his or her fingerprints and complete criminal history | 16 | | record from the FBI Criminal Justice Information Services | 17 | | Division and the Illinois State Police and provide such | 18 | | information to the Department of Insurance.
| 19 | | (Source: P.A. 96-1332, eff. 1-1-11.) | 20 | | (215 ILCS 5/1535)
| 21 | | Sec. 1535. Exemptions from examination. | 22 | | (a) An individual who applies for a public adjuster license | 23 | | in this State who was previously licensed as a public adjuster | 24 | | in another state based on a public adjuster examination shall | 25 | | not be required to complete any examination prelicensing |
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| 1 | | education . This exemption is only available if (i) the person | 2 | | is currently licensed in that state or if the application is | 3 | | received within 12 months of the cancellation of the | 4 | | applicant's previous license; and (ii) if the prior state | 5 | | issues a certification that, at the time of cancellation, the | 6 | | applicant was in good standing in that state or the state's | 7 | | producer database records or records maintained by the NAIC, | 8 | | its affiliates, or subsidiaries, indicate that the public | 9 | | adjuster is or was licensed in good standing. | 10 | | (b) A person licensed as a public adjuster in another state | 11 | | based on a public adjuster examination who moves to this State | 12 | | shall submit an application within 90 days of establishing | 13 | | legal residence to become a resident licensee pursuant to | 14 | | Section 1525 of this Article. No prelicensing examination shall | 15 | | be required of that person to obtain a public adjuster license. | 16 | | (c) An individual who applies for a public adjuster license | 17 | | in this State who was previously licensed as a public adjuster | 18 | | in this State shall not be required to complete any | 19 | | prelicensing examination. This exemption is only available if | 20 | | the application is received within 12 months of the | 21 | | cancellation of the applicant's previous license in this State | 22 | | and if, at the time of cancellation, the applicant was in good | 23 | | standing in this State.
| 24 | | (Source: P.A. 96-1332, eff. 1-1-11.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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