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| Public Act 096-0811 |
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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 Department of Insurance Law of the
Civil | ||||
Administrative Code of Illinois is amended by adding Section | ||||
1405-35 as follows: | ||||
(20 ILCS 1405/1405-35 new)
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Sec. 1405-35. The Department of Insurance. | ||||
(a) Executive Order No. 2004-6 is hereby superseded by this | ||||
amendatory Act of the 96th General Assembly to the extent that | ||||
Executive Order No. 2004-6 transfers the powers, duties,
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rights, and responsibilities of the Department of Insurance to | ||||
the Division of Insurance within the Department of Financial | ||||
and Professional Regulation. | ||||
(b) The Division of Insurance within the Department of | ||||
Financial and Professional Regulation is hereby abolished and | ||||
the Department of Insurance is created as an independent | ||||
department. On July 1, 2009, all powers, duties,
rights, and | ||||
responsibilities of the Division of Insurance within the | ||||
Department of Financial and Professional Regulation shall be | ||||
transferred to the Department of Insurance. | ||||
(c) The personnel of the Division of Insurance within the | ||||
Department of Financial and Professional Regulation shall be | ||||
transferred to the Department of Insurance. The status and | ||
rights of such employees under the Personnel Code shall not be | ||
affected by the transfer. The rights of the employees and the | ||
State of Illinois and its agencies under the Personnel Code and | ||
applicable collective bargaining agreements or under any | ||
pension, retirement, or annuity plan shall not be affected by | ||
this amendatory Act. To the extent that an employee performs | ||
duties for the Division of Insurance within the Department of | ||
Financial and Professional Regulation and the Department of | ||
Financial and Professional Regulation itself or any other | ||
division or agency within the Department of Financial and | ||
Professional Regulation, that employee shall be transferred at | ||
the Governor's discretion. | ||
(d) All books, records, papers, documents, property (real | ||
and personal), contracts, causes of action, and pending | ||
business pertaining to the powers, duties, rights, and | ||
responsibilities transferred by this amendatory Act from the | ||
Division of Insurance within the Department of Financial and | ||
Professional Regulation to the Department of Insurance, | ||
including, but not limited to, material in electronic or | ||
magnetic format and necessary computer hardware and software, | ||
shall be transferred to the Department of Insurance. | ||
(e) All unexpended appropriations and balances and other | ||
funds available for use by the Division of Insurance within the | ||
Department of Financial and Professional Regulation shall be | ||
transferred for use by the Department of Insurance pursuant to | ||
the direction of the Governor. Unexpended balances so | ||
transferred shall be expended only for the purpose for which | ||
the appropriations were originally made. | ||
(f) The powers, duties, rights, and responsibilities | ||
transferred from the Division of Insurance within the | ||
Department of Financial and Professional Regulation by this | ||
amendatory Act shall be vested in and shall be exercised by the | ||
Department of Insurance. | ||
(g) Whenever reports or notices are now required to be made | ||
or given or papers or documents furnished or served by any | ||
person to or upon the Division of Insurance within the | ||
Department of Financial and Professional Regulation in | ||
connection with any of the powers, duties, rights, and | ||
responsibilities transferred by this amendatory Act, the same | ||
shall be made, given, furnished, or served in the same manner | ||
to or upon the Department of Insurance. | ||
(h) This amendatory Act does not affect any act done, | ||
ratified, or canceled or any right occurring or established or | ||
any action or proceeding had or commenced in an administrative, | ||
civil, or criminal cause by the Division of Insurance within | ||
the Department of Financial and Professional Regulation before | ||
this amendatory Act takes effect; such actions or proceedings | ||
may be prosecuted and continued by the Department of Insurance. | ||
(i) Any rules of the Division of Insurance within the | ||
Department of Financial and Professional Regulation, including | ||
any rules of its predecessor Department of Insurance, that | ||
relate to its powers, duties,
rights, and responsibilities and | ||
are in full force on the effective date of this amendatory Act | ||
shall become the rules of the recreated Department of | ||
Insurance. This amendatory Act does not affect the legality of | ||
any such rules in the Illinois Administrative Code. | ||
Any proposed rules filed with the Secretary of State by the | ||
Division of Insurance within the Department of Financial and | ||
Professional Regulation that are pending in the rulemaking | ||
process on the effective date of this amendatory Act and | ||
pertain to the powers, duties,
rights, and responsibilities | ||
transferred, shall be deemed to have been filed by the | ||
Department of Insurance. As soon as practicable hereafter, the | ||
Department of Insurance shall revise and clarify the rules | ||
transferred to it under this amendatory Act to reflect the | ||
reorganization of powers, duties,
rights, and responsibilities | ||
affected by this amendatory Act, using the procedures for | ||
recodification of rules available under the Illinois | ||
Administrative Procedures Act, except that existing title, | ||
part, and section numbering for the affected rules may be | ||
retained. The Department of Insurance may propose and adopt | ||
under the Illinois Administrative Procedures Act such other | ||
rules of the Division of Insurance within the Department of | ||
Financial and Professional Regulation that will now be | ||
administered by the Department of Insurance. | ||
To the extent that, prior to July 1, 2009, the Director of | ||
the Division of Insurance within the Department of Financial | ||
and Professional Regulation had been empowered to prescribe | ||
rules or had other rulemaking authority jointly with the | ||
Secretary of the Department of Financial and Professional | ||
Regulation with regard to the powers, duties,
rights, and | ||
responsibilities of the Division of Insurance within the | ||
Department of Financial and Professional Regulation, such | ||
duties shall be exercised from and after July 1, 2009 solely by | ||
the Director of the Department of Insurance.
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Section 99. Effective date. This Act takes effect on July | ||
1, 2009.
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