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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

INSURANCE
(215 ILCS 5/) Illinois Insurance Code.

215 ILCS 5/500-65

    (215 ILCS 5/500-65)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 500-65. Temporary insurance producer license for an applicant.
    (a) The Director may grant a temporary insurance producer license to an applicant for an insurance producer license, without requiring an examination, for a period of 90 days, when the applicant otherwise meets the requirements of this Article. During that 90-day period, the applicant must be enrolled in a training course or training program conducted by or on behalf of the appointing insurance company and be in the process of fulfilling the pre-licensing requirements of Sections 500-25 and 500-30.
    (b) An individual applicant may not hold more than one temporary insurance producer license during his or her lifetime.
    (c) The Director may refuse to grant temporary insurance producer licenses to applicants from an insurance company when during a 6-month period more than 50% of that company's temporary insurance producer license holders have failed to obtain insurance producer licenses prior to the expiration of their temporary insurance producer licenses.
    (d) Before the Director approves any temporary insurance producer license, the insurance company requesting the license must file with the Director an application and the fee required by Section 500-135. The application must be made on the form and in the manner the Director requires.
(Source: P.A. 92-386, eff. 1-1-02.)

215 ILCS 5/500-70

    (215 ILCS 5/500-70)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 500-70. License denial, nonrenewal, or revocation.
    (a) The Director may place on probation, suspend, revoke, or refuse to issue or renew an insurance producer's license or may levy a civil penalty in accordance with this Section or take any combination of actions, for any one or more of the following causes:
        (1) providing incorrect, misleading, incomplete, or
    
materially untrue information in the license application;
        (2) violating any insurance laws, or violating any
    
rule, subpoena, or order of the Director or of another state's insurance commissioner;
        (3) obtaining or attempting to obtain a license
    
through misrepresentation or fraud;
        (4) improperly withholding, misappropriating or
    
converting any moneys or properties received in the course of doing insurance business;
        (5) intentionally misrepresenting the terms of an
    
actual or proposed insurance contract or application for insurance;
        (6) having been convicted of a felony, unless the
    
individual demonstrates to the Director sufficient rehabilitation to warrant the public trust; consideration of such conviction of an applicant shall be in accordance with Section 500-76;
        (7) having admitted or been found to have committed
    
any insurance unfair trade practice or fraud;
        (8) using fraudulent, coercive, or dishonest
    
practices, or demonstrating incompetence, untrustworthiness or financial irresponsibility in the conduct of business in this State or elsewhere;
        (9) having an insurance producer license, or its
    
equivalent, denied, suspended, or revoked in any other state, province, district or territory;
        (10) forging a name to an application for insurance
    
or to a document related to an insurance transaction;
        (11) improperly using notes or any other reference
    
material to complete an examination for an insurance license;
        (12) knowingly accepting insurance business from an
    
individual who is not licensed;
        (13) failing to comply with an administrative or
    
court order imposing a child support obligation;
        (14) failing to pay state income tax or penalty or
    
interest or comply with any administrative or court order directing payment of state income tax or failed to file a return or to pay any final assessment of any tax due to the Department of Revenue;
        (15) (blank); or
        (16) failing to comply with any provision of the
    
Viatical Settlements Act of 2009.
    (b) If the action by the Director is to nonrenew, suspend, or revoke a license or to deny an application for a license, the Director shall notify the applicant or licensee and advise, in writing, the applicant or licensee of the reason for the suspension, revocation, denial or nonrenewal of the applicant's or licensee's license. The applicant or licensee may make written demand upon the Director within 30 days after the date of mailing for a hearing before the Director to determine the reasonableness of the Director's action. The hearing must be held within not fewer than 20 days nor more than 30 days after the mailing of the notice of hearing and shall be held pursuant to 50 Ill. Adm. Code 2402.
    (c) The license of a business entity may be suspended, revoked, or refused if the Director finds, after hearing, that an individual licensee's violation was known or should have been known by one or more of the partners, officers, or managers acting on behalf of the partnership, corporation, limited liability company, or limited liability partnership and the violation was neither reported to the Director nor corrective action taken.
    (d) In addition to or instead of any applicable denial, suspension, or revocation of a license, a person may, after hearing, be subject to a civil penalty of up to $10,000 for each cause for denial, suspension, or revocation, however, the civil penalty may total no more than $100,000.
    (e) The Director has the authority to enforce the provisions of and impose any penalty or remedy authorized by this Article against any person who is under investigation for or charged with a violation of this Code or rules even if the person's license or registration has been surrendered or has lapsed by operation of law.
    (f) Upon the suspension, denial, or revocation of a license, the licensee or other person having possession or custody of the license shall promptly deliver it to the Director in person or by mail. The Director shall publish all suspensions, denials, or revocations after the suspensions, denials, or revocations become final in a manner designed to notify interested insurance companies and other persons.
    (g) A person whose license is revoked or whose application is denied pursuant to this Section is ineligible to apply for any license for 3 years after the revocation or denial. A person whose license as an insurance producer has been revoked, suspended, or denied may not be employed, contracted, or engaged in any insurance related capacity during the time the revocation, suspension, or denial is in effect.
(Source: P.A. 100-286, eff. 1-1-18; 100-872, eff. 8-14-18.)

215 ILCS 5/500-75

    (215 ILCS 5/500-75)
    Sec. 500-75. (Repealed).
(Source: P.A. 92-386, eff. 1-1-02. Repealed by P.A. 96-1332, eff. 1-1-11.)

215 ILCS 5/500-76

    (215 ILCS 5/500-76)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 500-76. Applicant convictions.
    (a) The Director and the Department shall not require applicants to report the following information and shall not collect and consider the following criminal history records in connection with an insurance producer license application:
        (1) Juvenile adjudications of delinquent minors as
    
defined in Section 5-105 of the Juvenile Court Act of 1987, subject to the restrictions set forth in Section 5-130 of that Act.
        (2) Law enforcement records, court records, and
    
conviction records of an individual who was 17 years old at the time of the offense and before January 1, 2014, unless the nature of the offense required the individual to be tried as an adult.
        (3) Records of arrest not followed by a charge or
    
conviction.
        (4) Records of arrest where charges were dismissed
    
unless related to the duties and responsibilities of an insurance producer. However, applicants shall not be asked to report any arrests, and any arrest not followed by a conviction shall not be the basis of a denial and may be used only to assess an applicant's rehabilitation.
        (5) Convictions overturned by a higher court.
        (6) Convictions or arrests that have been sealed or
    
expunged.
    (b) The Director, upon a finding that an applicant for a license under this Act was previously convicted of a felony, shall consider any mitigating factors and evidence of rehabilitation contained in the applicant's record, including any of the following factors and evidence, to determine if a license may be denied because the prior conviction will impair the ability of the applicant to engage in the position for which a license is sought:
        (1) the bearing, if any, of the offense for which
    
the applicant was previously convicted on the duties and functions of the position for which a license is sought;
        (2) whether the conviction suggests a future
    
propensity to endanger the safety and property of others while performing the duties and responsibilities for which a license is sought;
        (3) whether 5 years since a felony conviction or 3
    
years since release from confinement for the conviction, whichever is later, have passed without a subsequent conviction;
        (4) if the applicant was previously licensed or
    
employed in this State or other states or jurisdictions, then the lack of prior misconduct arising from or related to the licensed position or position of employment;
        (5) the age of the person at the time of the criminal
    
offense;
        (6) successful completion of sentence and, for
    
applicants serving a term of parole or probation, a progress report provided by the applicant's probation or parole officer that documents the applicant's compliance with conditions of supervision;
        (7) evidence of the applicant's present fitness and
    
professional character;
        (8) evidence of rehabilitation or rehabilitative
    
effort during or after incarceration or during or after a term of supervision, including, but not limited to, a certificate of good conduct under Section 5-5.5-25 of the Unified Code of Corrections or certificate of relief from disabilities under Section 5-5.5-10 of the Unified Code of Corrections; and
        (9) any other mitigating factors that contribute to
    
the person's potential and current ability to perform the duties and responsibilities of an insurance producer.
    (c) If a nonresident licensee meets the standards set forth in items (1) through (4) of subsection (a) of Section 500-40 and has received consent pursuant to 18 U.S.C. 1033(e)(2) from his or her home state, the Director shall grant the nonresident licensee a license.
    (d) If the Director refuses to issue a license to an applicant based upon a conviction or convictions in whole or in part, then the Director shall notify the applicant of the denial in writing with the following included in the notice of denial:
        (1) a statement about the decision to refuse to issue
    
a license;
        (2) a list of convictions that the Director
    
determined will impair the applicant's ability to engage in the position for which a license is sought;
        (3) a list of the convictions that were the sole or
    
partial basis for the refusal to issue a license; and
        (4) a summary of the appeal process or the earliest
    
the applicant may reapply for a license, whichever is applicable.
(Source: P.A. 100-286, eff. 1-1-18.)

215 ILCS 5/500-77

    (215 ILCS 5/500-77)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 500-77. Policyholder information and exclusive ownership of expirations.
    (a) As used in this Section, "expirations" means all information relative to an insurance policy including, but not limited to, the name and address of the insured, the location and description of the property insured, the value of the insurance policy, the inception date, the renewal date, and the expiration date of the insurance policy, the premiums, the limits and a description of the terms and coverage of the insurance policy, and any other personal and privileged information, as defined by Section 1003 of this Code, compiled by a business entity or furnished by the insured to the insurer or any agent, contractor, or representative of the insurer.
    For purposes of this Section only, a business entity also includes a sole proprietorship that transacts the business of insurance as an insurance agency.
    (b) All "expirations" as defined in subsection (a) of this Section shall be mutually and exclusively owned by the insured and the business entity. The limitations on the use of expirations as provided in subsections (c) and (d) of this Section shall be for mutual benefit of the insured and the business entity.
    (c) Except as otherwise provided in this Section, for purposes of soliciting, selling, or negotiating the renewal or sale of insurance coverage, insurance products, or insurance services or for any other marketing purpose, a business entity shall own and have the exclusive use of expirations, records, and other written or electronically stored information directly related to an insurance application submitted by, or an insurance policy written through, the business entity. No insurance company, managing general agent, surplus lines insurance broker, wholesale broker, group self-insurance fund, third-party administrator, or any other entity, other than a financial institution as defined in Section 1402 of this Code, shall use such expirations, records, or other written or electronically stored information to solicit, sell, or negotiate the renewal or sale of insurance coverage, insurance products, or insurance services to the insured or for any other marketing purposes, either directly or by providing such information to others, without, separate from the general agency contract, the written consent of the business entity. However, such expirations, records, or other written or electronically stored information may be used for any purpose necessary for placing such business through the insurance producer including reviewing an application and issuing or renewing a policy and for loss control services.
    (d) With respect to a business entity, this Section shall not apply:
        (1) when the insured requests either orally or in
    
writing that another business entity obtain quotes for insurance from another insurance company or when the insured requests in writing individually or through another business entity, that the insurance company renew the policy;
        (2) to policies in the Illinois Fair Plan, the
    
Illinois Automobile Insurance Plan, or the Illinois Assigned Risk Plan for coverage under the Workers' Compensation Act and the Workers' Occupational Diseases Act;
        (3) when the insurance producer is employed by or has
    
agreed to act exclusively or primarily for one company or group of affiliated insurance companies or to a producer who submits to the company or group of affiliated companies that are organized to transact business in this State as a reciprocal company, as defined in Article IV of this Code, every request or application for insurance for the classes and lines underwritten by the company or group of affiliated companies;
        (4) to policies providing life and accident and
    
health insurance;
        (5) when the business entity is in default for
    
nonpayment of premiums under the contract with the insurer or is guilty of conversion of the insured's or insurer's premiums or its license is revoked by or surrendered to the Department;
        (6) to any insurance company's obligations under
    
Sections 143.17 and 143.17a of this Code; or
        (7) to any insurer that, separate from a producer or
    
business entity, creates, develops, compiles, and assembles its own, identifiable expirations as defined in subsection (a).
    For purposes of this Section, an insurance producer shall be deemed to have agreed to act primarily for one company or a group of affiliated insurance companies if the producer (i) receives 75% or more of his or her insurance related commissions from one company or a group of affiliated companies or (ii) places 75% or more of his or her policies with one company or a group of affiliated companies.
    Nothing in this Section prohibits an insurance company, with respect to any items herein, from conveying to the insured or the business entity any additional benefits or ownership rights including, but not limited to, the ownership of expirations on any policy issued or the imposition of further restrictions on the insurance company's use of the insured's personal information.
    (e) Nothing in this Section prevents a financial institution, as defined in Section 1402 of this Code, from obtaining from the insured, the insurer, or the business entity the expiration dates of an insurance policy placed on collateral or otherwise used as security in connection with a loan made or serviced by the financial institution when the financial institution requires the expiration dates for evidence of insurance.
    (f) For purposes of this Section, "financial institution" does not include an insurance company, business entity, managing general agent, surplus lines broker, wholesale broker, group self-funded insurance fund, or third-party administrator.
    (g) The Director may adopt rules in accordance with Section 401 of this Code for the enforcement of this Section.
    (h) This Section applies to the expirations relative to all policies of insurance bound, applied for, sold, renewed, or otherwise taking effect on or after June 1, 2001.
(Source: P.A. 94-248, eff. 7-19-05.)

215 ILCS 5/500-80

    (215 ILCS 5/500-80)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 500-80. Commissions.
    (a) An insurer or insurance producer may not pay a commission, service fee, brokerage, or other valuable consideration to a person for selling, soliciting, or negotiating insurance in this State if that person is required to be licensed under this Article and is not so licensed at the time of selling, soliciting, or negotiating the insurance.
    (b) A person may not accept a commission, service fee, brokerage, or other valuable consideration for selling, soliciting, or negotiating insurance in this State if that person is required to be licensed under this Article and is not so licensed.
    (c) Renewal or other deferred commissions may be paid to a person for selling, soliciting, or negotiating insurance in this State if the person was required to be licensed under this Article at the time of the sale, solicitation, or negotiation and was so licensed at that time.
    (d) An insurer or insurance producer may pay or assign commissions, service fees, brokerages, or other valuable consideration to an insurance agency or to persons who do not sell, solicit, or negotiate insurance in this State, unless the payment would violate Section 151 of this Code.
    (e) When an insurance producer or business entity charges any fee or compensation separate from commissions deductible from, or directly attributable to, premiums on insurance policies or contracts, it must comply with all of the following:
        (1) It must provide written disclosure to the
    
consumer or contracting party that clearly specifies the amount or extent of the compensation or fee prior to the delivery of the corresponding policy. A copy of the written disclosure must be maintained by the producer or business entity that collects the compensation or fee for a period of 7 years.
        (2) If the combined compensation or fee exceeds 10%
    
of a directly attributable premium amount of a corresponding contract or policy, the disclosure must also include the signature of the consumer or contracting party acknowledging the compensation or fee.
        (3) If an insurance policy or contract is cancelled
    
for any reason within 90 days following the inception date, the producer or business entity shall refund to the consumer a prorated portion of the fee or compensation within 30 days after the producer or business entity receives proper documentation that the corresponding insurance policy or contract has been cancelled. At no time shall a producer or business entity charge the consumer a fee or compensation for cancellation of any insurance policy or contract.
        (4) If the policy file contains documentation that
    
the producer performed a service corresponding to the applicable coverage or policy and the written disclosure stated that the fees were fully earned, then those fees shall be fully earned at inception of the disclosure's execution.
(Source: P.A. 92-386, eff. 1-1-02; 92-587, eff. 6-26-02.)

215 ILCS 5/500-85

    (215 ILCS 5/500-85)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 500-85. Notification of termination; immunity; confidentiality.
    (a) An insurer or authorized representative of an insurer that terminates the appointment, employment, contract, or other insurance business relationship with a producer must notify the Director within 30 days following the effective date of the termination, using a format prescribed by the Director, if the reason for termination is one of the reasons set forth in Section 500-70 or the insurer has knowledge the producer was found by a court, government body, or self-regulatory organization authorized by law to have engaged in any of the activities in Section 500-70. Upon written request by the Director, the insurer must provide additional information, documents, records, or other data pertaining to the termination or activity of the producer.
    (b) The insurer or the authorized representative of the insurer must promptly notify the Director in a format acceptable to the Director if, upon further review or investigation, the insurer discovers additional information that would have been reportable to the Director in accordance with subsection (a) had the insurer then known of its existence.
    (c) Within 15 days after making the notification required by subsections (a) and (b), the insurer must mail a copy of the notification to the producer at his or her last known address. If the producer is terminated for cause for any of the reasons listed in Section 500-70, the insurer must provide a copy of the notification to the producer at his or her last known address by certified mail, return receipt requested, postage prepaid or by overnight delivery using a nationally recognized carrier.
    Within 30 days after the producer has received the original or additional notification, the producer may file written comments concerning the substance of the notification with the Director. The producer must, by the same means, simultaneously send a copy of the comments to the reporting insurer, and the comments shall become a part of the Director's file and accompany every copy of a report distributed or disclosed for any reason about the producer as permitted under this Code.
    (d) There shall be no liability on the part of, nor shall a cause of action of any nature arise against, an insurer, the authorized representative of the insurer, a producer, the Director, or an organization of which the Director is a member for any information, documents, records, or statements provided pursuant to this Section.
    (e) An insurer, the authorized representative of the insurer, or a producer that fails to report as required under the provisions of this Section or that is found to have reported with malicious intent by a court of competent jurisdiction may, after notice and hearing, have its license or certificate of authority suspended or revoked and may be subjected to a civil penalty.
(Source: P.A. 92-386, eff. 1-1-02.)

215 ILCS 5/500-90

    (215 ILCS 5/500-90)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 500-90. Reciprocity.
    (a) The Director shall waive any requirements for a nonresident license applicant with a valid license from his or her home state, except the requirements imposed by Section 500-40 of this Article, if the applicant's home state awards nonresident licenses to residents of this State on the same basis.
    (b) A nonresident producer's satisfaction of his or her home state's continuing education requirements for licensed insurance producers shall constitute satisfaction of this State's continuing education requirements if the non-resident producer's home state recognizes the satisfaction of its continuing education requirements imposed upon producers from this State on the same basis.
(Source: P.A. 92-386, eff. 1-1-02.)

215 ILCS 5/500-95

    (215 ILCS 5/500-95)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 500-95. Reporting of actions. An individual who, while licensed as an insurance producer, is convicted of a felony, must report the conviction to the Director within 30 days after the entry date of the judgment. Within that 30-day period, the individual must also provide the Director with a copy of the judgment, the probation or commitment order, and any other relevant documents.
(Source: P.A. 92-386, eff. 1-1-02.)

215 ILCS 5/500-100

    (215 ILCS 5/500-100)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 500-100. Limited lines producer license.
    (a) An individual who is at least 18 years of age and whom the Director considers to be competent, trustworthy, and of good business reputation may obtain a limited lines producer license for one or more of the following classes:
        (1) travel insurance, as defined in Section 500-10 of
    
this Article;
        (2) industrial life insurance, as defined in Section
    
228 of this Code;
        (3) industrial accident and health insurance, as
    
defined in Section 368 of this Code;
        (4) insurance issued by a company organized under the
    
Farm Mutual Insurance Company Act of 1986;
        (5) legal expense insurance;
        (6) enrollment of recipients of public aid or
    
medicare in a health maintenance organization;
        (7) a limited health care plan issued by an
    
organization having a certificate of authority under the Limited Health Service Organization Act;
        (8) credit life and credit accident and health
    
insurance and other credit insurance policies approved or permitted by the Director; a credit insurance company must conduct a training program in which an applicant shall receive basic instruction about the credit insurance products that he or she will be selling.
    (b) The application for a limited lines producer license must be submitted on a form prescribed by the Director by a designee of the insurance company, health maintenance organization, or limited health service organization appointing the limited insurance representative. The insurance company, health maintenance organization, or limited health service organization must pay the fee required by Section 500-135.
    (c) A limited lines producer may represent more than one insurance company, health maintenance organization, or limited health service organization.
    (d) An applicant who has met the requirements of this Section shall be issued a perpetual limited lines producer license.
    (e) A limited lines producer license shall remain in effect as long as the appointing insurance company pays the respective fee required by Section 500-135 prior to January 1 of each year, unless the license is revoked or suspended pursuant to Section 500-70. Failure of the insurance company to pay the license fee or to submit the required documents shall cause immediate termination of the limited line insurance producer license with respect to which the failure occurs.
    (f) A limited lines producer license may be terminated by the insurance company or the licensee.
    (g) A person whom the Director considers to be competent, trustworthy, and of good business reputation may be issued a car rental limited line license. A car rental limited line license for a rental company shall remain in effect as long as the car rental limited line licensee pays the respective fee required by Section 500-135 prior to the next fee date unless the car rental license is revoked or suspended pursuant to Section 500-70. Failure of the car rental limited line licensee to pay the license fee or to submit the required documents shall cause immediate suspension of the car rental limited line license. A car rental limited line license for rental companies may be voluntarily terminated by the car rental limited line licensee. The license fee shall not be refunded upon termination of the car rental limited line license by the car rental limited line licensee.
    (g-5) A business entity may be issued a limited lines producer license for credit life and credit accident and health insurance and other credit insurance policies approved or permitted by the Director, provided that:
        (1) application for the limited lines producer
    
license for credit insurance is made on a form specified by the Director;
        (2) the appointing insurance company has paid the
    
application fee amount required by the Director for the business entity's application; and
        (3) the business entity has designated an individual
    
with an in force limited license producer license issued under paragraph (8) of subsection (a) of this Section to be responsible for the business entity's compliance with the insurance laws and regulations of this State related to credit life and credit accident and health insurance and other credit insurance policies approved or permitted by the Director that are offered or sold by that business entity.
    Except as specifically authorized by paragraph (8) of subsection (a) of this Section or this subsection (g-5), a business entity holding a limited lines license under this subsection (g-5) may not advertise, represent, or otherwise hold itself or any of its employees out as licensed insurers, insurance producers, insurance agents, or insurance brokers.
    (h) A limited lines producer issued a license pursuant to this Section is not subject to the requirements of Section 500-30.
    (i) A limited lines producer license must contain the name, address and personal identification number of the licensee, the date the license was issued, general conditions relative to the license's expiration or termination, and any other information the Director considers proper. A limited line producer license, if applicable, must also contain the name and address of the appointing insurance company.
(Source: P.A. 98-159, eff. 8-2-13; 98-756, eff. 7-16-14; 98-1165, eff. 6-1-15; 99-161, eff. 1-1-16.)

215 ILCS 5/500-105

    (215 ILCS 5/500-105)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 500-105. Car rental limited line license for rental companies.
    (a) A rental company must obtain a producer license or obtain a car rental limited line license before offering or selling insurance in connection with and incidental to the rental of vehicles. The sale of the insurance may occur at the rental office or by preselection of coverage in a master, corporate, group rental, or individual agreement. The following general categories of coverage may be offered or sold:
        (1) personal accident insurance covering the risks of
    
travel including, but not limited to, accident and health insurance that provides coverage, as applicable, to renters and other rental vehicle occupants for accidental death or dismemberment and reimbursement for medical expenses resulting from an accident that occurs during the rental period;
        (2) liability insurance, including uninsured and
    
underinsured motorist coverage, that provides coverage, as applicable, to renters and other authorized drivers of rental vehicles for liability arising from the operation of the rental vehicle;
        (3) personal effects insurance that provides
    
coverage, as applicable, to renters and other vehicle occupants for the loss of, or damage to, personal effects that occurs during the rental period;
        (4) roadside assistance and emergency sickness
    
protection programs; and
        (5) any other travel or auto-related coverage that a
    
rental company offers in connection with and incidental to the rental of vehicles.
    (b) Insurance may not be offered by a car rental limited line producer pursuant to this Section unless:
        (1) the rental company has applied for and obtained a
    
car rental limited line license;
        (2) the rental period of the rental agreement does
    
not exceed 30 consecutive days;
        (3) at every rental location where rental agreements
    
are executed, brochures or other written materials are readily available to the prospective renter that:
            (A) summarize clearly and correctly, the material
        
terms of coverage offered to renters, including the identity of the insurer;
            (B) disclose that the coverage offered by the
        
rental company may provide a duplication of coverage already provided by a renter's personal automobile insurance policy, homeowner's insurance policy, personal liability insurance policy, or other source of coverage;
            (C) state that the purchase by the renter of the
        
kinds of coverage specified in this Section is not required in order to rent a vehicle; and
            (D) describe the process for filing a claim in
        
the event the renter elects to purchase coverage and in the event of a claim; and
        (4) evidence of coverage in the rental agreement is
    
disclosed to every renter who elects to purchase such coverage.
    (c) Car rental company franchisees must apply for a car rental limited line license independent of the franchisor if insurance provided pursuant to this Section is offered by the franchisee.
    (d) A car rental limited line license issued under this Section shall also authorize any employee of the car rental limited line licensee to act individually on behalf and under the supervision of the car rental limited line licensee with respect to the kinds of coverage specified in this Section.
    (e) A rental company licensed pursuant to this Section must conduct a training program in which employees being trained shall receive basic instruction about the kinds of coverage specified in this Section and offered for purchase by prospective renters of rental vehicles.
    (f) Notwithstanding any other provision of this Section or any rule adopted by the Director, a car rental limited line producer pursuant to this Section is not required to treat moneys collected from renters purchasing insurance when renting vehicles as funds received in a fiduciary capacity, provided that the charges for coverage shall be itemized and be ancillary to a rental transaction.
    (g) The sale of insurance not in conjunction with a rental transaction shall not be permitted.
    (h) A car rental limited line producer under this Section may not advertise, represent, or otherwise hold itself or any of its employees out as licensed insurers, insurance producers, insurance agents, or insurance brokers.
    (i) Direct commissions may not be paid to rental car company employees by the insurer or the customer purchasing insurance products. The rental car company may include insurance products in an overall employee performance compensation incentive program.
    (j) An application for a car rental limited line license must be made on a form specified by the Director.
(Source: P.A. 92-386, eff. 1-1-02.)

215 ILCS 5/500-107

    (215 ILCS 5/500-107)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 500-107. Self-service storage facility limited line license for self-storage facilities.
    (a) Except as permitted by subsection (j) of this Section, a self-service storage facility must obtain a producer license or obtain a self-service storage facility limited line license before offering or selling insurance in connection with and incidental to the rental of storage space provided by a self-service storage facility. The sale of insurance may occur at the rental office or by preselection of coverage in a master, corporate, group rental, or individual agreement. The following general categories of coverage may be offered or sold:
        (1) insurance that provides hazard insurance coverage
    
to renters for the loss of, or damage to, tangible personal property in storage or in transit during the rental period; or
        (2) any other coverage the Director may approve as
    
meaningful and appropriate in connection with the rental of storage space.
    (b) Insurance may not be offered by a self-service storage limited line producer pursuant to this Section unless:
        (1) the self-service storage facility has applied for
    
and obtained a self-service storage facility limited line license;
        (2) at every rental location where rental agreements
    
are executed, brochures or other written materials are readily available to the prospective renter that:
            (A) summarize clearly and correctly the material
        
terms of coverage offered to renters, including the identity of the insurer;
            (B) disclose that the coverage offered by the
        
self-service storage facility may provide a duplication of coverage already provided by the renter's personal homeowner's insurance policy, automobile insurance policy, personal liability insurance policy, or other source of coverage;
            (C) state that the purchase by the renter of the
        
kinds of coverage specified in this Section is not required in order to rent storage space; and
            (D) describe the process for filing a claim in
        
the event the consumer elects to purchase coverage and in the event of a claim; and
        (3) evidence of coverage is provided to each renter
    
who elects to purchase the coverage.
    (c) A self-service storage facility limited line license issued under this Section shall also authorize any employee of the self-service storage facility limited line licensee to act individually on behalf and under the supervision of the self-service storage facility limited line licensee with respect to the kinds of coverage specified in this Section.
    (d) A self-service storage facility licensed pursuant to this Section must conduct a training program in which employees being trained shall receive basic instruction about the kinds of coverage specified in this Section and offered for purchase by prospective renters of storage space.
    (e) Notwithstanding any other provision of this Section or any rule adopted by the Director, a self-service storage facility limited line producer pursuant to this Section is not required to treat moneys collected from renters purchasing insurance when renting storage space as funds received in a fiduciary capacity, provided that the charges for coverage shall be itemized and ancillary to a rental transaction.
    (f) The sale of insurance not in conjunction with a rental transaction shall not be permitted.
    (g) A self-service storage facility limited line producer under this Section may not advertise, represent, or otherwise hold itself or any of its employees out as licensed insurers, insurance producers, insurance agents, or insurance brokers.
    (h) Direct commissions may not be paid to self-service storage facility employees by the insurer or the customer purchasing insurance products. The self-service storage facility may include insurance products in an overall employee performance compensation incentive program.
    (i) An application for a self-service storage facility limited line license must be made on a form specified by the Director.
    (j) Nothing contained in this Section shall prohibit an unlicensed person from enrolling, issuing, or otherwise distributing certificates of insurance under a group master policy lawfully issued in this or another state when:
        (1) the enrollment or distribution is by an employee
    
of the group master policyholder;
        (2) no commission is paid for such enrollment or
    
distribution;
        (3) the distribution is incidental and ancillary to
    
the primary rental business of the group master policyholder; and
        (4) the group master policy is sold to the group
    
master policyholder by a licensed producer.
    (k) Nothing in this Section applies to or affects common carriers regulated by the Illinois Commerce Commission.
(Source: P.A. 93-288, eff. 1-1-04.)

215 ILCS 5/500-108

    (215 ILCS 5/500-108)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 500-108. Travel insurance business entity license.
    (a) As used in this Section:
    "Offering and disseminating" means the following:
        (1) Providing information to a prospective or current
    
policyholder on behalf of a limited lines travel insurance entity, including brochures, buyer guides, descriptions of coverage, and price.
        (2) Referring specific questions regarding coverage
    
features and benefits from a prospective or current policyholder to a limited lines travel insurance entity.
        (3) Disseminating and processing applications for
    
coverage, coverage selection forms, or other similar forms in response to a request from a prospective or current policyholder.
        (4) Collecting premiums from a prospective or current
    
policyholder on behalf of a limited lines travel insurance entity.
        (5) Receiving and recording information from a
    
policyholder to share with a limited lines travel insurance entity.
    "Travel insurance business entity" means a licensed insurance producer designated by an insurer as set forth in subsection (i) of this Section.
    "Travel retailer" means a business organization that makes, arranges, or offers travel services and, with respect to travel insurance, is limited to offering and disseminating as defined in this Section, unless otherwise licensed under subsection (c) of this Section.
    (b) The Director may issue to a travel insurance business entity that registers travel retailers under its license as described in paragraph (2) of subsection (d) of this Section a producer license as provided in paragraph (6) of subsection (a) of Section 500-35 of this Code. A travel insurance business entity license issued under this Section shall also authorize any employee of the travel insurance business entity to act individually on behalf and under the supervision of the travel insurance business entity licensee with respect to the coverage specified in this Section. Each travel insurance business entity licensed under this Section shall pay the Department a fee of $500 for its initial license and $500 for each renewal license, payable on May 31 annually.
    (c) The Director may issue to a travel retailer a limited lines producer license. A travel retailer license issued under this Section shall also authorize any employee of the travel retailer limited line licensee to act individually on behalf and under the supervision of the travel retailer limited line licensee with respect to the coverage specified in this Section.
    (d) Notwithstanding any other provision of law, a travel retailer may do the limited activities of offering and disseminating travel insurance on behalf of and under the license of a supervising travel insurance business entity if the following conditions are met:
        (1) the travel insurance business entity or travel
    
retailer provides to purchasers of travel insurance:
            (A) a description of the material terms or the
        
actual material terms of the insurance coverage;
            (B) a description of the process for filing a
        
claim;
            (C) a description of the review or
        
cancellation process for the travel insurance policy; and
            (D) the identity and contact information of
        
the insurer and travel insurance business entity;
        (2) at the time of licensure, the travel insurance
    
business entity shall establish and maintain a register on a form prescribed by the Director of each travel retailer that offers travel insurance on the travel insurance business entity's behalf; the register shall be maintained and updated continuously by the travel insurance business entity and shall include the name, address, and contact information of the travel retailer and an officer or person who directs or controls the travel retailer's operations and the travel retailer's federal tax identification number; the travel insurance business entity shall submit the register to the Director annually on a form and in a manner approved by the Director; the limited lines producer shall also certify that the travel retailer personnel who is offering and disseminating insurance under the travel retailer's registration complies with 18 U.S.C. 1033;
        (3) the travel insurance business entity has
    
designated one of its employees as a licensed individual producer (a designated responsible producer or DRP) responsible for the travel insurance business entity's and its travel retailer's compliance with the travel insurance laws, rules, and regulations of the State;
        (4) the travel insurance business entity has paid all
    
applicable insurance producer licensing fees as set forth in this Code; and
        (5) the travel insurance business entity requires
    
each employee and authorized representative of the travel retailer whose duties include offering and disseminating travel insurance to receive a program of instruction or training that shall be subject to review by the Director; the training material shall, at a minimum, contain instructions on the types of insurance offered, ethical sales practices, and required disclosures to prospective customers.
    (e) Any travel retailer offering or disseminating travel insurance shall make available to prospective purchasers brochures or other written materials that:
        (1) provide the identity and contact information of
    
the insurer and the travel insurance business entity;
        (2) explain that the purchase of travel insurance is
    
not required in order to purchase any other product or service from the travel retailer; and
        (3) explain that an unlicensed travel retailer is
    
permitted to provide general information about the insurance offered by the travel retailer, including a description of the coverage and price, but is not qualified or authorized to answer technical questions about the terms and conditions of the insurance offered by the travel retailer or to evaluate the adequacy of the customer's existing insurance coverage.
    (f) A travel retailer's employee or authorized representative who is not licensed as an insurance producer may not:
        (1) evaluate or interpret the technical terms,
    
benefits, and conditions of the offered travel insurance coverage;
        (2) evaluate or provide advice concerning a
    
prospective purchaser's existing insurance coverage; or
        (3) hold himself, herself, or itself out as a
    
licensed insurer, licensed producer, or insurance expert.
    (g) A travel retailer whose insurance-related activities, and those of its employees and authorized representatives, are limited to offering and disseminating travel insurance on behalf of and under the direction of a travel insurance business entity meeting the conditions stated in this Section is authorized to do so and receive related compensation upon registration by the travel insurance business entity as described in paragraph (2) of subsection (d) of this Section.
    (h) Travel insurance may be provided under an individual policy or under a group or master policy.
    (i) As the insurer designee, the travel insurance business entity is responsible for the acts of the travel retailer that is registered under its license.
    (j) Any entity that violates any provision of this Article shall be subject to all appropriate regulatory action as set forth in this Code.
(Source: P.A. 98-1165, eff. 6-1-15.)

215 ILCS 5/500-110

    (215 ILCS 5/500-110)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 500-110. Regulatory examinations.
    (a) The Director may examine any applicant for or holder of an insurance producer license, limited line producer license or temporary insurance producer license or any business entity.
    (b) All persons being examined, as well as their officers, directors, insurance producers, limited lines producers, and temporary insurance producers must provide to the Director convenient and free access, at all reasonable hours at their offices, to all books, records, documents, and other papers relating to the persons' insurance business affairs. The officers, directors, insurance producers, limited lines producers, temporary insurance producers, and employees must facilitate and aid the Director in the examinations as much as it is in their power to do so.
    (c) The Director may designate an examiner or examiners to conduct any examination under this Section. The Director or his or her designee may administer oaths and examine under oath any individual relative to the business of the person being examined.
    (d) The examiners designated by the Director under this Section may make reports to the Director. A report alleging substantive violations of this Article or any rules prescribed by the Director must be in writing and be based upon facts ascertained from the books, records, documents, papers, and other evidence obtained by the examiners or from sworn or affirmed testimony of or written affidavits from the person's officers, directors, insurance producers, limited lines producer, temporary insurance producers, or employees or other individuals, as given to the examiners. The report of an examination must be verified by the examiners.
    (e) If a report is made, the Director must either deliver a duplicate of the report to the person being examined or send the duplicate by certified or registered mail to the person's address of record. The Director shall afford the person an opportunity to demand a hearing with reference to the facts and other evidence contained in the report. The person may request a hearing within 14 calendar days after he or she receives the duplicate of the examination report by giving the Director written notice of that request, together with a written statement of the person's objections to the report. The Director must, if requested to do so, conduct a hearing in accordance with Sections 402 and 403 of this Code. The Director must issue a written order based upon the examination report and upon the hearing, if a hearing is held, within 90 days after the report is filed, or within 90 days after the hearing if a hearing is held. If the report is refused or otherwise undeliverable, or a hearing is not requested in a timely fashion, the right to a hearing is waived. After the hearing or the expiration of the time period in which a person may request a hearing, if the examination reveals that the person is operating in violation of any law, rule, or prior order, the Director in the written order may require the person to take any action the Director considers necessary or appropriate in accordance with the report or examination hearing. The order is subject to review under the Administrative Review Law.
    (f) The Director may adopt reasonable rules to further the purposes of this Section.
    (g) A person who violates or aids and abets any violation of a written order issued under this Section shall be guilty of a business offense and his or her license may be revoked or suspended pursuant to Section 500-70 of this Article and he or she may be subjected to a civil penalty of not more than $20,000.
(Source: P.A. 92-386, eff. 1-1-02; 93-32, eff. 7-1-03.)

215 ILCS 5/500-115

    (215 ILCS 5/500-115)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 500-115. Financial responsibilities.
    (a) Any money that an insurance producer, limited line producer, temporary insurance producer, business entity, or surplus line producer receives for soliciting, negotiating, effecting, procuring, renewing, continuing, or binding policies of insurance shall be held in a fiduciary capacity and shall not be misappropriated, converted, or improperly withheld. An insurance company that delivers to any insurance producer in this State a policy or contract for insurance pursuant to the application or request of an insurance producer, authorizes the producer to collect or receive on its behalf payment of any premium that is due on the policy or contract for insurance at the time of its issuance or delivery and any premium that becomes due on the policy or contract not more than 90 days thereafter.
    (b) An insurer that issues a policy of insurance shall be deemed to have received payment of the premium if the insured paid any insurance producer requesting the coverage. The insurer shall be responsible to the insured for any return premium.
    (c) In the case of open accounts receivable with the balance payable to an insurance producer within a specified period of 90 days or less, where the balance is not fully paid within that period, a late charge not exceeding 1.5% per month may be added by the insurance producer to the unpaid balance to induce payment of the premium.
    (d) If an insurance producer or surplus line producer knowingly misappropriates or converts to his or her own use or illegally withholds fiduciary moneys in the amount of $150 or less, he or she is guilty of a Class A misdemeanor for a first offense and a Class 4 felony for subsequent conversions, misappropriations, and withholdings of that nature. If an insurance producer or surplus line producer knowingly misappropriates or converts to his or her own use or illegally withholds premiums in excess of $150, he or she is guilty of a Class 3 felony.
(Source: P.A. 92-386, eff. 1-1-02.)

215 ILCS 5/500-120

    (215 ILCS 5/500-120)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 500-120. Conflicts of interest; inactive status.
    (a) A person, partnership, association, or corporation licensed by the Department who, due to employment with any unit of government that would cause a conflict of interest with the holding of that license, notifies the Director in writing on forms prescribed by the Department and, subject to rules of the Department, makes payment of applicable licensing renewal fees, may elect to place the license on an inactive status.
    (b) A licensee whose license is on inactive status may have the license restored by making application to the Department on such form as may be prescribed by the Department. The application must be accompanied with a fee of $100 plus the current applicable license fee.
    (c) A license may be placed on inactive status for a 2-year period, and upon request, the inactive status may be extended for a successive 2-year period not to exceed a cumulative 4-year inactive period. After a license has been on inactive status for 4 years or more, the licensee must meet all of the standards required of a new applicant before the license may be restored to active status.
    (d) If requests for inactive status are not renewed as set forth in subsection (c), the license will be taken off the inactive status and the license will lapse immediately.
(Source: P.A. 92-386, eff. 1-1-02; 93-32, eff. 7-1-03.)

215 ILCS 5/500-125

    (215 ILCS 5/500-125)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 500-125. Controlled business.
    (a) An insurance producer license may not be granted or extended to any person if the Director has reasonable cause to believe:
        (1) that during either of the 2 calendar years
    
immediately preceding the extension date of the license the aggregate amount of premiums on insurance represented by controlled business exceeded the aggregate amount of premiums on all other insurance business of the licensee; or
        (2) that during the 12-month period immediately
    
following the issuance or extension of the license, if so issued or extended, the aggregate amount of premiums on controlled business would exceed the aggregate amount of premiums on all other insurance business of the applicant or licensee.
    (b) Controlled business means insurance procured or to be procured by or through the person upon:
        (1) his own life, person, property or risks, or those
    
of his spouse; or
        (2) the life, person, property, or risks of his
    
employer or his own business.
(Source: P.A. 92-386, eff. 1-1-02.)

215 ILCS 5/500-130

    (215 ILCS 5/500-130)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 500-130. Bond required of insurance producers.
    (a) An insurance producer who places insurance either directly or indirectly with an insurer with which the insurance producer does not have an agent contact must maintain in force while licensed a bond in favor of the people of the State of Illinois executed by an authorized surety company and payable to any party injured under the terms of the bond. The bond shall be continuous in form and in the amount of $2,500 or 5% of the premiums brokered in the previous calendar year, whichever is greater, but not to exceed $50,000 total aggregate liability. The bond shall be conditioned upon full accounting and due payment to the person or company entitled thereto, of funds coming into the insurance producer's possession as an incident to insurance transactions under the license or surplus line insurance transactions under the license as a surplus line producer.
    (b) Authorized insurance producers of a business entity may meet the requirements of this Section with a bond in the name of the business entity, continuous in form, and in the amounts set forth in subsection (a) of this Section. Insurance producers may meet the requirements of this Section with a bond in the name of an association. An individual producer remains responsible for assuring that a producer bond is in effect and is for the correct amount. The association must have been in existence for 5 years, have common membership, and been formed for a purpose other than obtaining a bond.
    (c) The surety may cancel the bond and be released from further liability thereunder upon 30 days' written notice in advance to the principal. The cancellation does not affect any liability incurred or accrued under the bond before the termination of the 30-day period.
    (d) The producer's license may be revoked if the producer acts without a bond that is required under this Section.
    (e) If a party injured under the terms of the bond requests the producer to provide the name of the surety and the bond number, the producer must provide the information within 3 working days after receiving the request.
    (f) An association may meet the requirements of this Section for all of its members with a bond in the name of the association that is continuous in form and in the amounts set forth in subsection (a) of this Section.
(Source: P.A. 92-386, eff. 1-1-02.)

215 ILCS 5/500-135

    (215 ILCS 5/500-135)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 500-135. Fees.
    (a) The fees required by this Article are as follows:
        (1) a fee of $180 for a person who is a resident of
    
Illinois, and $250 for a person who is not a resident of Illinois, payable once every 2 years for an insurance producer license;
        (2) a fee of $50 for the issuance of a temporary
    
insurance producer license;
        (3) a fee of $150 payable once every 2 years for a
    
business entity;
        (4) an annual $50 fee for a limited line producer
    
license issued under items (1) through (8) of subsection (a) of Section 500-100;
        (5) a $50 application fee for the processing of a
    
request to take the written examination for an insurance producer license;
        (6) an annual registration fee of $1,000 for
    
registration of an education provider;
        (7) a certification fee of $50 for each certified
    
pre-licensing or continuing education course and an annual fee of $20 for renewing the certification of each such course;
        (8) a fee of $180 for a person who is a resident of
    
Illinois, and $250 for a person who is not a resident of Illinois, payable once every 2 years for a car rental limited line license;
        (9) a fee of $200 payable once every 2 years for a
    
limited lines license other than the licenses issued under items (1) through (8) of subsection (a) of Section 500-100, a car rental limited line license, or a self-service storage facility limited line license;
        (10) a fee of $50 payable once every 2 years for a
    
self-service storage facility limited line license.
    (b) Except as otherwise provided, all fees paid to and collected by the Director under this Section shall be paid promptly after receipt thereof, together with a detailed statement of such fees, into a special fund in the State Treasury to be known as the Insurance Producer Administration Fund. The moneys deposited into the Insurance Producer Administration Fund may be used only for payment of the expenses of the Department in the execution, administration, and enforcement of the insurance laws of this State, and shall be appropriated as otherwise provided by law for the payment of those expenses with first priority being any expenses incident to or associated with the administration and enforcement of this Article.
(Source: P.A. 98-159, eff. 8-2-13.)