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91_SB0363sam001
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1 AMENDMENT TO SENATE BILL 363
2 AMENDMENT NO. . Amend Senate Bill 363 by replacing
3 everything after the enacting clause the following:
4 "Section 5. The Illinois Insurance Code is amended by
5 changing Sections 491.1, 492.2, 494.1, 496.2, 497.1, 499.1,
6 505.1, 509.1, and 510.2 and adding Section 495.2 as follows:
7 (215 ILCS 5/491.1) (from Ch. 73, par. 1065.38-1)
8 Sec. 491.1. Definitions. In addition to the definitions
9 in Section 2, the following definitions apply to this
10 Article.
11 "Car rental limited licensee" means a person authorized
12 pursuant to the provisions of Section 495.2 to sell certain
13 coverages relating to the rental of vehicles.
14 (a) Insurance. Insurance is any of the classes of
15 insurance found in Section 4.
16 (b) Insurance producer. An insurance producer is an
17 individual who solicits, negotiates, effects, procures,
18 renews, continues or binds policies of insurance covering
19 property or risks located in Illinois.
20 (c) License. A license is a document authorizing an
21 individual to act as an insurance producer, limited insurance
22 representative or temporary insurance producer, as specified
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1 in such document.
2 (d) Limited insurance representative. A limited
3 insurance representative is an individual appointed by an
4 insurance company, health maintenance organization, or
5 limited health service organization to represent that company
6 or organization regarding the types of insurance set forth in
7 Section 495.1.
8 (e) Registered firm. A registered firm is a
9 corporation, partnership, or limited liability company which
10 transacts the business of insurance as an insurance agency.
11 "Rental agreement" means a written agreement setting
12 forth the terms and conditions governing the use of a vehicle
13 provided by a rental company for rental or lease.
14 "Rental company" means a person, or a franchisee of such
15 person, in the business of providing primarily private
16 passenger vehicles to the public under a rental agreement for
17 a period not to exceed 30 days.
18 "Rental period" means the term of the rental agreement.
19 "Renter" means a person obtaining the use of a vehicle
20 from a rental company under the terms of a rental agreement
21 for a period not to exceed 30 days.
22 "Vehicle" or "rental vehicle" means a motor vehicle of
23 (1) the private passenger type, including passenger vans,
24 minivans, and sport utility vehicles or (2) the cargo type,
25 including cargo vans, pick up trucks, and trucks with a gross
26 vehicle weight of less than 26,000 pounds the operation of
27 which does not require the operator to possess a commercial
28 driver's license.
29 (Source: P.A. 90-499, eff. 8-19-97.)
30 (215 ILCS 5/492.2) (from Ch. 73, par. 1065.39-2)
31 Sec. 492.2. License Required.
32 (a) No person shall act as or hold himself out to be an
33 insurance producer unless duly licensed in accordance with
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1 this Article for the class or classes of insurance as to
2 which he acts or holds himself out as an insurance producer.
3 (b) No person shall, for a fee, engage in the business
4 of offering any advice, counsel, opinion or service with
5 respect to the benefits, advantages or disadvantages under
6 any policy of insurance that could be issued in Illinois,
7 unless that person is
8 (1) engaged or employed as an attorney licensed to
9 practice law and performing duties incidental to that
10 position;
11 (2) a licensed insurance producer, limited insurance
12 representative or temporary insurance producer offering
13 advice concerning a class of insurance as to which he is
14 licensed to transact business;
15 (3) a trust officer of a bank performing duties
16 incidental to his position;
17 (4) an actuary or a certified public accountant engaged
18 or employed in a consulting capacity, performing duties
19 incidental to that position; or
20 (5) a licensed public adjuster acting within the scope
21 of his license.
22 (c) In addition to any other penalty set forth in this
23 Article, any individual violating paragraph (a) or (b) is
24 guilty of a Class A misdemeanor. Any individual violating
25 paragraph (a) or (b) and misappropriating or converting any
26 monies collected in conjunction with such violation is guilty
27 of a Class 4 felony.
28 (Source: P.A. 83-801.)
29 (215 ILCS 5/494.1) (from Ch. 73, par. 1065.41-1)
30 Sec. 494.1. Insurance producer license; application and
31 examination.
32 (a) Each application for an insurance producer license
33 shall be made on a form specified by the Director, and shall
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1 be signed by the applicant declaring under penalty of
2 refusal, suspension or revocation of the license that the
3 statements made in the application are true, correct and
4 complete to the best of the applicant's knowledge and belief.
5 Before approving the application, the Director shall satisfy
6 himself that the applicant (1) is at least 18 years of age;
7 (2) is competent, trustworthy and of good business
8 reputation; (3) has completed a pre-licensing course of
9 study; and (4) has, pursuant to Section 508.2, filed a bond
10 which is in force and effect or is exempt from the
11 requirement of filing such bond; and (5) has paid the fees
12 required by Section 509.1. A pre-licensing course of study
13 for each class of insurance for which an insurance producer
14 license is requested shall be established in accordance with
15 rules and regulations prescribed by the Director and shall
16 consist of the following minimum hours:
17 Class of Insurance Number of Hours
18 Life (Class 1 (a)) 15
19 Accident/Health (Class 1(b) or 2(a)) 15
20 Fire (Class 3) 15
21 Casualty (Class 2) 15
22 Motor Vehicle (Class 2(b) or 3(e)) 7 1/2
23 (b) Applicants for an insurance producer license shall
24 pass, within 90 days of each other, both part one and part 2
25 of a written examination unless exempt pursuant to Section
26 498.1. The examination shall reasonably test the knowledge
27 of the applicant concerning the class or classes of insurance
28 for which a license is applied, the duties and
29 responsibilities of an insurance producer and the insurance
30 laws and rules of Illinois. The examinations provided for by
31 this Section shall be conducted under rules and regulations
32 prescribed by the Director. The Director may make
33 arrangements, including contracting with an outside testing
34 service, for administering such examinations and collecting
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1 the non-refundable application fee provided for by Section
2 509.1.
3 Each applicant required to take an examination shall, at
4 the time of request for examination, enclose with the
5 application a non-refundable application fee payable to the
6 Director, as provided for in Section 509.1, plus a separate
7 remittance payable to the designated testing service for the
8 total fees the testing service charges for each of the
9 various services being requested by the applicant. An
10 applicant who fails to appear for the examination as
11 scheduled, or appears but fails to pass, shall not be
12 entitled to any refund, and shall be required to submit a new
13 request for examination together with all of the requisite
14 fees before being rescheduled for another examination at a
15 later date.
16 (c) Before each license renewal, an insurance producer
17 shall satisfactorily complete at least 15 hours of course
18 study in accordance with rules prescribed by the Director.
19 The Director may not approve a course of study unless the
20 course provides for classroom, seminar, or self-study
21 instruction methods. A course given in a combination
22 instruction method of classroom or seminar and self-study
23 shall be deemed to be a self-study course unless the
24 classroom or seminar certified hours meets or exceeds
25 two-thirds of total hours certified for the course. The
26 self-study material used in the combination course must be
27 directly related to and complement the classroom portion of
28 the course in order to be considered for credit. An
29 instruction method other than classroom or seminar shall be
30 considered as self-study methodology. Self-study credit
31 hours require the successful completion of an examination
32 covering the self-study material, which shall not be
33 self-evaluated. Provided, however, that if the self-study
34 material is completed through the use of an approved
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1 computerized interactive format whereby the computer
2 validates the successful completion of the self-study
3 material, no additional examination shall be required. The
4 self-study credit hours contained in a certified course shall
5 be considered classroom hours when at least two-thirds of the
6 hours are given as classroom or seminar instruction.
7 (d) An insurance producer license shall automatically
8 terminate when an insurance producer fails to successfully
9 meet the requirements of paragraph (c) of this Section.
10 (e) The holder of an insurance producer license shall
11 inform the Director in writing of a change in his residential
12 address within 30 days of such change.
13 (f) Each provider of a prelicensing or continuing
14 education course required by this Section shall pay a
15 registration fee and a course certification fee for each
16 course being certified as provided by Section 509.1.
17 (Source: P.A. 89-152, eff. 1-1-97.)
18 (215 ILCS 5/495.2 new)
19 Sec. 495.2. Car rental limited license for rental
20 companies.
21 (a) A rental company must obtain a producer license,
22 become a registered firm, or obtain a car rental limited
23 license before offering or selling insurance in connection
24 with and incidental to the rental of vehicles. The sale of
25 the insurance may occur at the rental office or by
26 pre-selection of coverage in a master, corporate, group
27 rental, or individual agreement. The following general
28 categories of coverage may be offered or sold:
29 (1) personal accident insurance covering the risks
30 of travel including, but not limited to, accident and
31 health insurance that provides coverage, as applicable,
32 to renters and other rental vehicle occupants for
33 accidental death or dismemberment and reimbursement for
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1 medical expenses resulting from an accident that occurs
2 during the rental period;
3 (2) liability insurance, including uninsured and
4 underinsured motorist coverage, that provides coverage,
5 as applicable, to renters and other authorized drivers of
6 rental vehicles for liability arising from the operation
7 of the rental vehicle;
8 (3) personal effects insurance that provides
9 coverage, as applicable, to renters and other vehicle
10 occupants for the loss of, or damage to, personal effects
11 that occurs during the rental period;
12 (4) roadside assistance and emergency sickness
13 protection programs;
14 (5) any other travel or auto-related coverage that
15 a rental company offers in connection with and incidental
16 to the rental of vehicles.
17 (b) No insurance may be offered by a car rental limited
18 licensee pursuant to this Section unless:
19 (1) the rental company has applied for and obtained
20 a car rental limited license;
21 (2) the rental period of the rental agreement does
22 not exceed 30 consecutive days;
23 (3) at every rental location where rental
24 agreements are executed, brochures or other written
25 materials are readily available to the prospective renter
26 that:
27 (A) summarize clearly and correctly, the
28 material terms of coverage offered to renters,
29 including the identity of the insurer;
30 (B) disclose that the coverage offered by the
31 rental company may provide a duplication of coverage
32 already provided by a renter's personal automobile
33 insurance policy, homeowner's insurance policy,
34 personal liability insurance policy, or other source
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1 of coverage;
2 (C) state that the purchase by the renter of
3 the kinds of coverage specified in this Section is
4 not required in order to rent a vehicle; and
5 (D) describe the process for filing a claim in
6 the event the renter elects to purchase coverage and
7 in the event of a claim; and
8 (4) evidence of coverage in the rental agreement is
9 disclosed to every renter who elects to purchase such
10 coverage.
11 (c) Car rental company franchisees shall apply for a car
12 rental limited license independent of the franchisor if
13 insurance provided pursuant to this Section is offered by the
14 franchisee.
15 (d) A car rental limited license issued under this
16 Section shall also authorize any employee of the car rental
17 limited licensee to act individually on behalf and under the
18 supervision of the car rental limited licensee with respect
19 to the kinds of coverage specified in this Section.
20 (e) A rental company licensed pursuant to this Section
21 shall conduct a training program in which employees being
22 trained shall receive basic instruction about the kinds of
23 coverage specified in this Section and offered for purchase
24 by prospective renters of rental vehicles.
25 (f) Notwithstanding any other provision of this Section
26 or any rule adopted by the Director, a car rental limited
27 licensee pursuant to this Section shall not be required to
28 treat moneys collected from renters purchasing insurance when
29 renting vehicles as funds received in a fiduciary capacity,
30 provided that the charges for coverage shall be itemized and
31 be ancillary to a rental transaction.
32 (g) The sale of insurance not in conjunction with a
33 rental transaction shall not be permitted.
34 (h) No car rental limited licensee under this Section
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1 shall advertise, represent, or otherwise hold itself or any
2 of its employees out as licensed insurers, insurance
3 producers, insurance agents, or insurance brokers.
4 (i) No direct commissions may be paid to rental car
5 company employees by the insurer or the customer purchasing
6 insurance products. The rental car company may include
7 insurance products in an overall employee performance
8 compensation incentive program.
9 (j) An application for a car rental limited license
10 shall be made on a form specified by the Director.
11 (215 ILCS 5/496.2) (from Ch. 73, par. 1065.43-2)
12 Sec. 496.2. License.
13 (a) Insurance producer.
14 (1) An applicant who has met the requirements of
15 Section 494.1 shall be issued a perpetual insurance
16 producer license.
17 (2) Each insurance producer license shall remain in
18 effect as long as the holder of the license maintains in
19 force and effect the bond required by Section 508.2 and
20 pays the annual fee required by Section 509.1 by the date
21 due, unless the license is revoked or suspended pursuant
22 to Section 505.1. The annual fee required by Section
23 509.1 shall not be required of a licensed insurance
24 producer who enters the military service of the United
25 States. This waiver shall continue in effect until such
26 time as the insurance producer is discharged from the
27 military service.
28 (3) An insurance producer who does not maintain his
29 insurance producer license in effect pursuant to
30 paragraph (a)(2) of this subsection Section may, within
31 36 months from the due date of the unpaid annual fee,
32 make application for the same license without the
33 necessity of passing a written examination. Payment of
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1 the annual fee and proof a bond is in force must
2 accompany the application. In addition, proof of
3 compliance with Section 494.1(c) must be received by the
4 Department before the license is issued accompany the
5 application, where applicable.
6 If an insurance producer fails to pay the annual fee
7 by the due date but applies for reinstatement of the
8 license within 36 months of the due date, then the
9 producer shall pay the reinstatement fee required by
10 Section 509.1 of this Code and either:
11 A. The annual license fee which will cause a
12 license to be issued with a current effective date;
13 or
14 B. The annual license fee which will cause a
15 license to be dated the expiration date of the last
16 active license, provided the producer applies for
17 reinstatement within 2 months of the due date.
18 If a license is issued pursuant to option A of
19 this paragraph with a lapse in licensing, the
20 producer must sign a statement attesting that he has
21 not been active as an insurance producer during the
22 period since the last active license.
23 (4) Of the insurance producer licenses renewed
24 during the one-year period following the effective date
25 of this amendatory Act of the 91st General Assembly,
26 approximately 50% shall be for a duration of one year and
27 approximately 50% shall be for a duration of 2 years.
28 All subsequent renewals shall be for a duration of 2
29 years.
30 (b) Limited Insurance Representative.
31 (1) An applicant who has met the requirements of
32 Section 495.1 shall be issued a perpetual limited
33 insurance representative license.
34 (2) A Each limited insurance representative license
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1 shall remain in effect as long as the appointing
2 insurance company pays the respective fee required by
3 Section 509.1 prior to January 1 of each year, unless the
4 license is revoked or suspended pursuant to Section
5 505.1. Failure of the insurance company to pay the
6 license fee or to submit the required documents shall
7 cause immediate termination of the limited insurance
8 representative license regarding which such failure
9 occurs.
10 (3) A Each limited insurance representative license
11 may be terminated by the insurance company or the
12 licensee.
13 (c) Car rental limited licenses.
14 (1) An applicant who has met the requirements of
15 Section 495.2 shall be issued a car rental limited
16 license.
17 (2) A car rental limited license for a rental
18 company shall remain in effect as long as the car rental
19 limited licensee pays the respective fee required by
20 Section 509.1 prior to the next fee date unless the car
21 rental license is revoked or suspended pursuant to
22 Section 505.1. Failure of the car rental limited
23 licensee to pay the license fee or to submit the required
24 documents shall cause immediate suspension of the car
25 rental limited license.
26 (3) A car rental limited license for rental
27 companies may be voluntarily terminated by the car rental
28 limited licensee. The license fee shall not be refunded
29 upon termination of the car rental limited license by the
30 car rental limited licensee.
31 (d) (c) License Content. The Each license shall contain
32 the name, residential address and personal identification
33 number of the licensee, the date the license was issued,
34 general conditions relative to the license's expiration or
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1 termination, the class or classes of insurance covered by the
2 license, and any other information the Director considers
3 proper. A Each limited insurance representative license
4 shall also contain the name and address of the appointing
5 insurance company.
6 (Source: P.A. 88-313.)
7 (215 ILCS 5/497.1) (from Ch. 73, par. 1065.44-1)
8 Sec. 497.1. Nonresident licensing.
9 (a) A nonresident may apply for an insurance producer
10 license or limited insurance representative license if (1)
11 the applicant holds a similar license from his state of
12 residence and (2) the applicant's state of residence accepts
13 Illinois residents for licensing. Each nonresident applicant
14 shall be in compliance with the requirements of subsection
15 paragraph (a) of Section 494.1, except that requirement (3)
16 of subsection paragraph (a) shall not be applicable to
17 nonresident applicants.
18 (b) The requirements of subsection paragraph (c) of
19 Section 494.1 shall not apply to nonresident applicants. If
20 an applicant's state of residence accepts compliance with the
21 requirements of subsection paragraph (c) of Section 494.1 by
22 an Illinois insurance producer as compliance with that
23 state's continuing education requirements, a nonresident
24 applicant may fulfill the requirements of subsection
25 paragraph (c) of Section 494.1 by demonstrating compliance
26 with the continuing education requirements of the applicant's
27 state of residence. A nonresident applicant may be licensed
28 without written examination if (1) the state in which the
29 applicant resides requires no similar examination or (2) the
30 public official having supervision of insurance in the
31 applicant's state of residence certifies that the applicant
32 has passed a written examination for the classes of insurance
33 applied for or was licensed prior to the time a written
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1 examination was required.
2 (c) A nonresident applicant shall file with the Director
3 an affidavit appointing the Director and his or her successor
4 in office as such applicant's agent upon whom all lawful
5 process in any action, suit or legal proceeding against the
6 applicant may be served, and shall agree that any such lawful
7 process is of the same legal force and validity as personal
8 service of process upon such applicant. The Director shall,
9 within 10 days after receiving process, forward a copy of
10 such process by registered or certified mail to the
11 individual for whom he has received such process at the
12 individual's address of record.
13 (d) Whenever, by the laws or regulations of any other
14 state, any limitation of rights and privileges, conditions
15 precedent, or any other requirements are imposed upon
16 residents of this State who are nonresident applicants or
17 licensees of such other state in addition to, or in excess
18 of, those imposed on nonresidents under this Code, the same
19 such requirements shall be imposed upon such residents of
20 such other state.
21 (Source: P.A. 89-152, eff. 1-1-97.)
22 (215 ILCS 5/499.1) (from Ch. 73, par. 1065.46-1)
23 Sec. 499.1. Registered firms.
24 (a) Any corporation, partnership, or limited liability
25 company transacting insurance business as an insurance agency
26 shall register with the Director before transacting insurance
27 business in this State. Such registration shall remain in
28 effect as long as the firm pays the annual fee required by
29 Section 509.1 of this Code by the date due, unless the
30 registration is revoked or suspended pursuant to Section
31 505.1 of this Code.
32 (b) Each firm required to register before acting as a
33 registered firm pursuant to this Article shall appoint one or
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1 more licensed insurance producers who are officers,
2 directors, or partners in the firm to be responsible for the
3 firm's compliance with the insurance laws and Title 50 of the
4 Illinois Administrative Code. Such individual or individuals
5 shall submit to the Director a registration form and the fees
6 required by Section 509.1. The Director shall prescribe the
7 registration form and may require any documents reasonably
8 necessary to verify the information contained in the
9 registration form. Within 30 days of a change in officers,
10 directors, or partners who are appointed to be responsible
11 for the firm's compliance with the insurance laws and Title
12 50 of the Illinois Administrative Code, the firm shall report
13 the change to the Department.
14 (c) The registered firm shall inform the Director in
15 writing of a change in its business address within 30 days of
16 such change.
17 (d) Each registered firm shall disclose its members,
18 officers or directors who are authorized to act as insurance
19 producers, and report any changes in such personnel to the
20 Director within 30 days of such changes.
21 (e) (Blank).
22 (Source: P.A. 89-240, eff. 1-1-96; 90-41, eff. 10-1-97;
23 90-499, eff. 8-19-97; 90-655, eff. 7-30-98.)
24 (215 ILCS 5/505.1) (from Ch. 73, par. 1065.52-1)
25 Sec. 505.1. License suspension, revocation, or denial.
26 (a) Any license issued under this Article may be
27 suspended or revoked, and any application for a license may
28 be denied, if the Director finds that the licensee or
29 applicant:
30 (1) has wilfully violated any provision of this
31 Code or any rule or regulation promulgated by the
32 Director;
33 (2) has intentionally made a material misstatement
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1 in his application for a license;
2 (3) has obtained or attempted to obtain a license
3 through misrepresentation or fraud;
4 (4) has misappropriated or converted to his own
5 use, or improperly withheld, money required to be held in
6 a fiduciary capacity;
7 (5) has intentionally misrepresented the terms of
8 any actual or proposed insurance policy;
9 (6) has, in the transaction of business under his
10 license, used fraudulent, coercive or dishonest
11 practices, or has demonstrated incompetence,
12 untrustworthiness or financial irresponsibility;
13 (7) has been, within the past 3 years, convicted of
14 a felony, unless the individual demonstrates to the
15 Director sufficient rehabilitation to warrant the public
16 trust;
17 (8) has knowingly accepted insurance business from
18 an individual who is not licensed;
19 (9) has failed to appear without reasonable cause
20 or excuse in response to a subpoena lawfully issued by
21 the Director;
22 (10) has had his license suspended or revoked or
23 his application denied in any other State, district,
24 territory or province on grounds similar to those stated
25 in this Section;
26 (11) (Blank) has violated any of the provisions of
27 Section 504.1;
28 (12) has failed to meet the education requirements
29 of subsection paragraph (c) of Section 494.1;
30 (13) has failed to report a felony conviction, as
31 required by Section 503.1;
32 (14) has knowingly employed, contracted or engaged
33 in any insurance related capacity any person whose
34 license as an insurance producer or limited insurance
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1 representative has been revoked within the previous three
2 years or whose request for a license has been refused or
3 suspended pursuant to this Section at the time of such
4 employment, engaging or contracting; or
5 (15) has failed to make satisfactory repayment to
6 the Illinois Student Assistance Commission for a
7 delinquent or defaulted student loan.
8 (b) Suspension or revocation of a license or the denial
9 of an application pursuant to this Section shall be by
10 written order sent to the licensee or applicant by certified
11 or registered mail at the address specified in the records of
12 the Department. The licensee or applicant may in writing
13 request a hearing within 30 days from the date of mailing.
14 If no written request is made, such order shall be final upon
15 the expiration of said 30 days.
16 (c) If the licensee or applicant requests a hearing
17 pursuant to this Section the Director shall issue a written
18 notice of hearing sent to the licensee or applicant by
19 certified or registered mail at his address, as specified in
20 the records of the Department, and stating:
21 (1) the grounds, charges or conduct which justifies
22 suspension or revocation or denial under this Section;
23 (2) a specific time for the hearing, which may not
24 be less than 20 nor more than 30 days after the mailing
25 of the notice of hearing; and
26 (3) a specific place for the hearing, which may be
27 either in the City of Springfield or Chicago or in the
28 county where the licensee's principal place of business
29 is located.
30 (d) Upon the suspension or revocation of a license, the
31 licensee or other person having possession or custody of such
32 license shall promptly deliver it to the Director in person
33 or by mail. The Director shall publish all suspensions and
34 revocations after such suspensions or revocations become
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1 final in a manner designed to notify interested insurance
2 companies and other persons.
3 (e) Any individual whose license is revoked or whose
4 application is denied pursuant to this Section shall be
5 ineligible to apply for any license for 3 years. No person
6 whose license as an insurance producer or limited
7 representative has been revoked, suspended or denied shall be
8 employed, contracted or engaged in any insurance related
9 capacity during the time the revocation, suspension or denial
10 is in effect. A suspension pursuant to this Section may be
11 for a period of up to 2 years.
12 (f) In addition to or instead of a denial, suspension or
13 revocation of a license pursuant to this Section, the
14 licensee may be subjected to a civil penalty of up to $1,000
15 for each cause for denial, suspension or revocation. Such
16 penalty is enforceable under Section 403A(5) of this Code.
17 (Source: P.A. 89-318, eff. 1-1-96.)
18 (215 ILCS 5/509.1) (from Ch. 73, par. 1065.56-1)
19 Sec. 509.1. Fees.
20 (a) The fees required by this Article are as follows:
21 (1) A An annual fee of $75 per year for an
22 insurance producer license;
23 (2) A fee of $25 for the issuance of a temporary
24 insurance producer license;
25 (3) A An annual registration fee of $50 payable
26 once every 2 years $25 for a business firm to register;
27 (4) A fee of $50 payable once every 2 years An
28 annual $25 fee for a limited insurance representative
29 license;
30 (5) A $25 application fee for the processing of
31 each request to take the written examination for an
32 insurance producer license;
33 (6) An annual registration fee of $500 for an
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1 education provider to register;
2 (7) A certification fee of $25 for each certified
3 prelicensing or continuing education course and an annual
4 fee of $10 for renewing the certification of each such
5 course; and
6 (8) A license reinstatement fee of $50 for
7 reinstating a license which lapsed because the annual fee
8 was not received by the due date;.
9 (9) A registration fee of $15 for reinstating a
10 firm registration that lapsed because the annual fee was
11 not received by the due date; and.
12 (10) A fee of $50 payable once every 2 years for a
13 car rental limited license.
14 (b) Except as otherwise provided, all fees paid to and
15 collected by the Director under this Section shall be paid
16 promptly after receipt thereof, together with a detailed
17 statement of such fees, into a special fund in the State
18 Treasury to be known as the Insurance Producer Administration
19 Fund. The monies deposited into the Insurance Producer
20 Administration Fund shall be used only for payment of the
21 expenses of the Department in the execution, administration,
22 and enforcement of the insurance laws of this State, and
23 shall be appropriated as otherwise provided by law for the
24 payment of such expenses with first priority being any
25 expenses incident to or associated with the administration
26 and enforcement of this Article.
27 (Source: P.A. 89-152, eff. 1-1-97; 90-372, eff. 7-1-98;
28 90-655, eff. 7-30-98.)
29 (215 ILCS 5/510.2) (from Ch. 73, par. 1065.57-2)
30 Sec. 510.2. Exemptions from licensing requirements. The
31 provisions of Sections 492.2, 494.1, 495.1, 495.2, 496.2,
32 497.1, 498.1, 499.1, 500.1 and 501.2 shall not apply to:
33 (a) any regularly salaried officer or employee of an
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1 insurance company, who is engaged in the performance of usual
2 and customary executive, administrative or clerical duties;
3 (b) salaried employees in the office of an insurance
4 producer, limited insurance representative, car rental
5 limited licensee, or registered firm, who devote their full
6 time to clerical and administrative services, including the
7 incidental taking of insurance applications and receipt of
8 premiums in the office of their employer, as long as such
9 employees do not receive any commissions on such applications
10 and their compensation is not varied by the volume of
11 applications or premiums taken or received, except as
12 authorized under subsection (g) of Section 495.2;
13 (c) persons who secure and furnish information for the
14 purpose of group life insurance, annuities, group or blanket
15 accident and health insurance, or for the purpose of
16 enrolling individuals under such plans, issuing certificates
17 under such plans or otherwise assisting in administering such
18 plans, where no commission is paid for such service;
19 (d) advisory organizations, according to Article VIIA of
20 this Code, or persons who furnish information for the purpose
21 of life or accident and health insurance distributed on a
22 mass merchandise basis and administered by group methods;
23 (e) employers or their officers or employees, or the
24 trustees of any employee trust plan, to the extent that such
25 employers, officers, employees or trustees are engaged in the
26 administration or operation of any program of employee
27 benefits for their own employees or the employees of their
28 subsidiaries or affiliates, which program involves the use of
29 insurance issued by an insurance company, as long as such
30 employers, officers, employees or trustees are not in any
31 manner compensated, directly or indirectly, by the company
32 issuing the contracts; or
33 (f) employees of insurance companies or organizations
34 employed by insurance companies who are engaging in the
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1 inspection, rating or classification of risks, or in the
2 supervision of the training of insurance producers, limited
3 insurance representatives, car rental limited licensees, or
4 temporary insurance producers, and who are not individually
5 engaged in the solicitation or negotiation of policies or
6 contracts for insurance.
7 (Source: P.A. 83-1299.)
8 (215 ILCS 5/504.1 rep.)
9 (215 ILCS 5/508.2 rep.)
10 Section 10. The Illinois Insurance Code is amended by
11 repealing Sections 504.1 and 508.2.
12 Section 99. Effective date. This Act takes effect
13 January 1, 2000.".