Public Act 097-0207
 
HB1128 EnrolledLRB097 06594 RPM 46679 b

    AN ACT concerning insurance.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Insurance Code is amended by
changing Sections 1520 and 1535 and adding Section 500-155 as
follows:
 
    (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
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.
 
    (215 ILCS 5/1520)
    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
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
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.
(Source: P.A. 96-1332, eff. 1-1-11.)
 
    (215 ILCS 5/1535)
    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
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.
(Source: P.A. 96-1332, eff. 1-1-11.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/28/2011