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| Public Act 097-0207 | ||||
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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: | ||||
(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. | ||||
(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 | ||||
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.
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(Source: P.A. 96-1332, eff. 1-1-11.) | ||
(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 | ||
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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