HB1128 EnrolledLRB097 06594 RPM 46679 b

1    AN ACT concerning insurance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Insurance Code is amended by
5changing Sections 1520 and 1535 and adding Section 500-155 as
6follows:
 
7    (215 ILCS 5/500-155 new)
8    Sec. 500-155. Disclosure. A policy the solicitation of
9which involves an insurance producer, limited insurance
10representative, or temporary insurance producer must identify
11the name of the producer, representative, or firm. An
12individual life or accident and health application and a master
13policy application for life or accident and health group
14coverages must bear the name and signature of the licensee who
15solicited 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
19make application to the Director on the appropriate uniform
20application or other application prescribed by the Director.
21    (b) The applicant shall declare under penalty of perjury
22and under penalty of refusal, suspension, or revocation of the

 

 

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1license that the statements made in the application are true,
2correct, and complete to the best of the applicant's knowledge
3and belief.
4    (c) In order to make a determination of license
5eligibility, the Director is authorized to require all
6applicants for licensing, including renewal applicants, to
7undergo a fingerprint-based criminal history record check for
8the first year following the effective date of this amendatory
9Act of the 97th General Assembly. The fingerprints and the fee
10required to perform the criminal history record checks shall be
11submitted to the Department of State Police and the Federal
12Bureau of Investigation (FBI) to conduct a State and national
13criminal history record check. The Department of State Police
14and the Federal Bureau of Investigation shall furnish to the
15Department of Insurance all records of convictions, unless or
16until expunged, pursuant to the fingerprint-based criminal
17history records check. The Department of State Police shall
18charge a fee for conducting such checks, which fee shall be
19deposited into the State Police Services Fund and shall not
20exceed the cost of the inquiry. The applicant shall be required
21to pay all fees associated with conducting the criminal history
22record check. In order to make a determination of license
23eligibility, the Director is authorized to require
24fingerprints of applicants and submit such fingerprints and the
25fee required to perform the criminal history record checks to
26the Illinois State Police and the Federal Bureau of

 

 

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1Investigation (FBI) for State and national criminal history
2record checks.
3    (d) The Director may adopt rules to establish procedures
4necessary to carry out the requirements of subsection (c) of
5this Section.
6    (e) The Director is authorized to submit electronic
7fingerprint records and necessary identifying information to
8the NAIC, its affiliates, or subsidiaries for permanent
9retention in a centralized repository. The purpose of such a
10centralized repository is to provide Directors with access to
11fingerprint records in order to perform criminal history record
12checks.
13    (f) Until such time as the Director can obtain and receive
14national criminal history records, the applicant shall obtain a
15copy of his or her fingerprints and complete criminal history
16record from the FBI Criminal Justice Information Services
17Division and the Illinois State Police and provide such
18information 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
23in this State who was previously licensed as a public adjuster
24in another state based on a public adjuster examination shall
25not be required to complete any examination prelicensing

 

 

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1education. This exemption is only available if (i) the person
2is currently licensed in that state or if the application is
3received within 12 months of the cancellation of the
4applicant's previous license; and (ii) if the prior state
5issues a certification that, at the time of cancellation, the
6applicant was in good standing in that state or the state's
7producer database records or records maintained by the NAIC,
8its affiliates, or subsidiaries, indicate that the public
9adjuster is or was licensed in good standing.
10    (b) A person licensed as a public adjuster in another state
11based on a public adjuster examination who moves to this State
12shall submit an application within 90 days of establishing
13legal residence to become a resident licensee pursuant to
14Section 1525 of this Article. No prelicensing examination shall
15be required of that person to obtain a public adjuster license.
16    (c) An individual who applies for a public adjuster license
17in this State who was previously licensed as a public adjuster
18in this State shall not be required to complete any
19prelicensing examination. This exemption is only available if
20the application is received within 12 months of the
21cancellation of the applicant's previous license in this State
22and if, at the time of cancellation, the applicant was in good
23standing in this State.
24(Source: P.A. 96-1332, eff. 1-1-11.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.