Full Text of HB0241 102nd General Assembly
HB0241ham001 102ND GENERAL ASSEMBLY | Rep. Thaddeus Jones Filed: 3/17/2021
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| 1 | | AMENDMENT TO HOUSE BILL 241
| 2 | | AMENDMENT NO. ______. Amend House Bill 241 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Insurance Code is amended by | 5 | | changing Sections 500-30, 1510, and 1565 as follows:
| 6 | | (215 ILCS 5/500-30)
| 7 | | (Section scheduled to be repealed on January 1, 2027)
| 8 | | Sec. 500-30. Application for license.
| 9 | | (a) An individual applying for a resident insurance | 10 | | producer license must
make
application on a form specified by | 11 | | the Director and declare under penalty of
refusal, suspension,
| 12 | | or revocation of the license that the statements made in the | 13 | | application are
true, correct, and
complete to the best of the | 14 | | individual's knowledge and belief. Before
approving the | 15 | | application,
the Director must find that the individual:
| 16 | | (1) is at least 18 years of age;
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| 1 | | (2) is sufficiently rehabilitated in cases in which | 2 | | the applicant has committed any act that is a ground for | 3 | | denial, suspension, or
revocation set forth in Section | 4 | | 500-70, other than convictions set forth in paragraph (6) | 5 | | of subsection (a) of Section 500-70; with respect to | 6 | | applicants with convictions set forth in paragraph (6) of | 7 | | subsection (a) of Section 500-70, the Director shall | 8 | | determine in accordance with Section 500-76 that the | 9 | | conviction will not impair the ability of the applicant to | 10 | | engage in the position for which a license is sought;
| 11 | | (3) has completed, if required by the Director, a | 12 | | pre-licensing course
of
study before the insurance exam | 13 | | for the lines of authority for which the individual has | 14 | | applied (an
individual who
successfully completes the Fire | 15 | | and Casualty pre-licensing courses also meets
the
| 16 | | requirements for Personal Lines-Property and Casualty);
| 17 | | (4) has paid the fees set forth in Section 500-135; | 18 | | and
| 19 | | (5) has successfully passed the examinations for the | 20 | | lines of authority
for
which the person has applied.
| 21 | | (b) A pre-licensing course of study for each class of | 22 | | insurance for which
an insurance
producer license is requested | 23 | | must be established in accordance with rules
prescribed by the
| 24 | | Director and must consist of the following minimum hours:
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25 | | Class of Insurance |
Number of |
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26 | | |
Hours |
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| 1 | | Life (Class 1(a)) |
20 |
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2 | | Accident and Health (Class 1(b) or 2(a)) |
20 |
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3 | | Fire (Class 3) |
20 |
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4 | | Casualty (Class 2) |
20 |
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5 | | Personal Lines-Property Casualty |
20 |
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6 | | Motor Vehicle (Class 2(b) or 3(e)) |
12.5 |
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7 | | 7.5 hours of each pre-licensing course must be completed | 8 | | in a classroom or webinar setting, except Motor Vehicle, which | 9 | | would require 5 hours in a classroom or webinar setting. | 10 | | (c) A business entity acting as an insurance producer must | 11 | | obtain an
insurance
producer license. Application must be made | 12 | | using the Uniform Business Entity
Application.
Before | 13 | | approving the application, the Director must find that:
| 14 | | (1) the business entity has paid the fees set forth in | 15 | | Section 500-135;
and
| 16 | | (2) the business entity has designated a licensed | 17 | | producer responsible for
the
business entity's compliance | 18 | | with the insurance laws and rules of this State.
| 19 | | (d) The Director may require any documents reasonably | 20 | | necessary to verify
the
information contained in an | 21 | | application.
| 22 | | (Source: P.A. 100-286, eff. 1-1-18 .)
| 23 | | (215 ILCS 5/1510)
| 24 | | Sec. 1510. Definitions. In this Article: | 25 | | "Adjusting a claim for loss or damage covered by an |
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| 1 | | insurance contract" means negotiating values, damages, or | 2 | | depreciation or applying the loss circumstances to insurance | 3 | | policy provisions. | 4 | | "Business entity" means a corporation, association, | 5 | | partnership, limited liability company, limited liability | 6 | | partnership, or other legal entity. | 7 | | "Department" means the Department of Insurance. | 8 | | "Director" means the Director of Insurance. | 9 | | "Fingerprints" means an impression of the lines on the | 10 | | finger taken for the purpose of identification. The impression | 11 | | may be electronic or in ink converted to electronic format. | 12 | | "Home state" means the District of Columbia and any state | 13 | | or territory of the United States where the public adjuster's | 14 | | principal place of residence or principal place of business is | 15 | | located. If neither the state in which the public adjuster | 16 | | maintains the principal place of residence nor the state in | 17 | | which the public adjuster maintains the principal place of | 18 | | business has a substantially similar law governing public | 19 | | adjusters, the public adjuster may declare another state in | 20 | | which it becomes licensed and acts as a public adjuster to be | 21 | | the home state. | 22 | | "Individual" means a natural person. | 23 | | "Person" means an individual or a business entity. | 24 | | "Public adjuster" means any person who, for compensation | 25 | | or any other thing of value on behalf of the insured: | 26 | | (i) acts or aids, solely in relation to first party |
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| 1 | | claims arising under insurance contracts that insure the | 2 | | real or personal property of the insured, on behalf of an | 3 | | insured in adjusting a claim for loss or damage covered by | 4 | | an insurance contract; | 5 | | (ii) advertises for employment as a public adjuster of | 6 | | insurance claims or solicits business or represents | 7 | | himself or herself to the public as a public adjuster of | 8 | | first party insurance claims for losses or damages arising | 9 | | out of policies of insurance that insure real or personal | 10 | | property; or | 11 | | (iii) directly or indirectly solicits business, | 12 | | investigates or adjusts losses, or advises an insured | 13 | | about first party claims for losses or damages arising out | 14 | | of policies of insurance that insure real or personal | 15 | | property for another person engaged in the business of | 16 | | adjusting losses or damages covered by an insurance policy | 17 | | for the insured. | 18 | | "Uniform individual application" means the current version | 19 | | of the National Association of Directors (NAIC) Uniform | 20 | | Individual Application for resident and nonresident | 21 | | individuals. | 22 | | "Uniform business entity application" means the current | 23 | | version of the National Association of Insurance Commissioners | 24 | | (NAIC) Uniform Business Entity Application for resident and | 25 | | nonresident business entities.
| 26 | | "Webinar" means an online educational presentation during |
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| 1 | | which a live and participating instructor and participating | 2 | | viewers, whose attendance is periodically verified throughout | 3 | | the presentation, actively engage in discussion and in the | 4 | | submission and answering of questions. | 5 | | (Source: P.A. 96-1332, eff. 1-1-11.) | 6 | | (215 ILCS 5/1565)
| 7 | | Sec. 1565. Continuing education. | 8 | | (a) An individual who holds a public adjuster license and | 9 | | who is not exempt under subsection (b) of this Section shall | 10 | | satisfactorily complete a minimum of 24 hours of continuing | 11 | | education courses, including 3 hours of classroom or webinar | 12 | | ethics instruction, reported on a biennial basis in | 13 | | conjunction with the license renewal cycle. | 14 | | The Director may not approve a course of study unless the | 15 | | course provides for
classroom, seminar, or self-study | 16 | | instruction methods. A course
given in a combination | 17 | | instruction method of classroom or seminar
and self-study | 18 | | shall be deemed to be a self-study course unless the
classroom | 19 | | or seminar certified hours meets or exceeds two-thirds of
the | 20 | | total hours certified for the course. The self-study material | 21 | | used
in the combination course must be directly related to and | 22 | | complement
the classroom portion of the course in order to be | 23 | | considered for
credit. An instruction method other than | 24 | | classroom or seminar shall
be considered as self-study | 25 | | methodology. Self-study credit hours
require the successful |
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| 1 | | completion of an examination covering the
self-study material. | 2 | | The examination may not be self-evaluated.
However, if the | 3 | | self-study material is completed through the use of
an | 4 | | approved computerized interactive format whereby the computer
| 5 | | validates the successful completion of the self-study | 6 | | material, no
additional examination is required. The | 7 | | self-study credit hours
contained in a certified course shall | 8 | | be considered classroom hours
when at least two-thirds of the | 9 | | hours are given as classroom or
seminar instruction. | 10 | | The public adjuster must complete the course in advance of | 11 | | the renewal date to
allow the education provider time to | 12 | | report the credit to the
Department. | 13 | | (b) This Section shall not apply to: | 14 | | (1) licensees not licensed for one full year prior to | 15 | | the end of the applicable continuing education biennium; | 16 | | or | 17 | | (2) licensees holding nonresident public adjuster | 18 | | licenses who have met the continuing education | 19 | | requirements of their home state and whose home state | 20 | | gives credit to residents of this State on the same basis. | 21 | | (c) Only continuing education courses approved by the | 22 | | Director shall be used to satisfy the continuing education | 23 | | requirement of subsection (a) of this Section.
| 24 | | (Source: P.A. 96-1332, eff. 1-1-11.)
| 25 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.".
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