Public Act 096-0811
 
HB1115 Enrolled LRB096 09596 RPM 19757 b

    AN ACT concerning insurance.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    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)
    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    (a) Executive Order No. 2004-6 is hereby superseded by this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,
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.
 
    Section 99. Effective date. This Act takes effect on July
1, 2009.