SB1519 95TH GENERAL ASSEMBLY

LRB095 07059 KBJ 27183 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1519

Introduced 2/9/2007, by Sen. William R. Haine

SYNOPSIS AS INTRODUCED:

215 ILCS 5/1500 new
215 ILCS 5/1501 new
215 ILCS 5/1502 new
215 ILCS 5/1503 new
215 ILCS 5/1504 new
215 ILCS 5/1505 new
215 ILCS 5/1506 new
215 ILCS 5/Art. XLV heading new

Amends the Illinois Insurance Code. Creates a new Article establishing the Insurance Consumer Advocate Law. Provides that the Governor shall appoint, with the advice and consent of the Senate, an Insurance Consumer Advocate to serve for a term of 4 years. Sets out the authorities of the Insurance Consumer Advocate. Provides that the Insurance Consumer Advocate may employ employees, including professional employees, that he or she finds necessary for the full and efficient discharge of the powers and duties of that office. Provides that the Insurance Consumer Advocate shall, prior to beginning the discharge of duties of that office, qualify for that office by taking and subscribing the constitutional oath of office. Provides that the Insurance Consumer Advocate shall give bond before entering upon the discharge of duties of that office. Provides that notwithstanding any other provision of law, the Insurance Consumer Advocate shall have access to all files, records, and documents of the Department of Insurance except for certain situations. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 adding the heading of Article XLV as follows:

(215 ILCS 5/Art. XLV heading new)

ARTICLE XLV. INSURANCE CONSUMER ADVOCATE

(215 ILCS 5/1500 new)

Sec. 1500. Short title. This Article may be cited as the Insurance Consumer Advocate Law.

(215 ILCS 5/1501 new)

Sec. 1501. Appointment. The Governor shall appoint, with the advice and consent of the Senate, a competent person to the office of Insurance Consumer Advocate. The Insurance Consumer Advocate shall be appointed for a term of 4 years. If a vacancy occurs in the office of Insurance Consumer Advocate, the vacancy shall be filled for the unexpired term in the same manner as an original appointment. The Insurance Consumer Advocate shall be considered a State employee for purposes of the State Officials and Employees Ethics Act. The Insurance Consumer Advocate shall receive an annual salary as set by the Governor from time to time or as set by the Compensation Review Board, whichever is greater.

(215 ILCS 5/1502 new)

Sec. 1502. Powers and duties. The Insurance Consumer Advocate shall have the authority to:

(1) investigate the legality of all rates, charges, rules, regulations and practices of all persons under the jurisdiction of the Division of Insurance within the Department of Financial and Professional Regulation;

(2) make recommendations to the General Assembly regarding insurance regulation;

(3) make recommendations to the Division regarding insurance regulations;

(4) appeal rulemakings and other decisions of the Department regarding insurance issues;

(5) institute judicial review of final or interlocutory actions of the Department regarding insurance issues;

(6) represent all consumers and the public generally in all insurance-related proceedings before the Department and other State agencies and in related judicial review proceedings or appeals; and

(7) prepare an annual budget adequate to discharge the duties of the office of Insurance Consumer Advocate for presentation to the General Assembly.

(215 ILCS 5/1503 new)

Sec. 1503. Office, employees, and expenses. The Insurance Consumer Advocate may employ employees, including professional employees, that he or she finds necessary for the full and efficient discharge of the powers and duties of that office. The Insurance Consumer Advocate may also retain consultants or expert witnesses or technical advisors the Insurance Consumer Advocate finds necessary for the full and efficient discharge of the powers and duties of that office.

(215 ILCS 5/1504 new)

Sec. 1504. Oath. The Insurance Consumer Advocate shall, prior to beginning the discharge of the duties of that office, qualify for that office by taking and subscribing the constitutional oath of office and filing the signed oath in the office of the Secretary of State.

(215 ILCS 5/1505 new)

Sec. 1505. Bond. The Insurance Consumer Advocate shall give bond before entering upon the discharge of the duties of that office by inclusion in the blanket bond or bonds or self-insurance program provided in Sections 14.1 and 14.2 of the Official Bond Act.

(215 ILCS 5/1506 new)

Sec. 1506. Access to the records of the Division of Insurance. Notwithstanding any other provision of law, the Insurance Consumer Advocate shall has access to all files, records, and documents of the Division of Insurance except the following:

(1) personnel information in confidential personnel files for the Division;

(2) any records or documents that qualify for the work product or attorney-client privilege where the Division is the client; and

(3) proprietary information of an insurance company that was provided by the insurance company to the Division.

Section 99. Effective date. This Act takes effect upon becoming law.