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Public Act 097-0207
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| HB1128 Enrolled | LRB097 06594 RPM 46679 b |
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AN ACT concerning insurance.
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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 |
changing Sections 1520 and 1535 and adding Section 500-155 as |
follows:
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(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
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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.
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(215 ILCS 5/1520)
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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 |
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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 |
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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.
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(Source: P.A. 96-1332, eff. 1-1-11.)
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(215 ILCS 5/1535)
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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 |
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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.
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(Source: P.A. 96-1332, eff. 1-1-11.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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