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1 | AN ACT concerning insurance.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Department of Insurance Law of the
Civil | ||||||||||||||||||||||||
5 | Administrative Code of Illinois is amended by adding Section | ||||||||||||||||||||||||
6 | 1405-35 as follows: | ||||||||||||||||||||||||
7 | (20 ILCS 1405/1405-35 new)
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8 | Sec. 1405-35. The Department of Insurance. | ||||||||||||||||||||||||
9 | (a) Executive Order No. 2004-6 is hereby superseded by this | ||||||||||||||||||||||||
10 | amendatory Act of the 96th General Assembly to the extent that | ||||||||||||||||||||||||
11 | Executive Order No. 2004-6 transfers the powers, duties,
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12 | rights, and responsibilities of the Department of Insurance to | ||||||||||||||||||||||||
13 | the Division of Insurance within the Department of Financial | ||||||||||||||||||||||||
14 | and Professional Regulation. | ||||||||||||||||||||||||
15 | (b) The Division of Insurance within the Department of | ||||||||||||||||||||||||
16 | Financial and Professional Regulation is hereby abolished and | ||||||||||||||||||||||||
17 | the Department of Insurance is created as an independent | ||||||||||||||||||||||||
18 | department. On July 1, 2009, all powers, duties,
rights, and | ||||||||||||||||||||||||
19 | responsibilities of the Division of Insurance within the | ||||||||||||||||||||||||
20 | Department of Financial and Professional Regulation shall be | ||||||||||||||||||||||||
21 | transferred to the Department of Insurance. | ||||||||||||||||||||||||
22 | (c) The personnel of the Division of Insurance within the | ||||||||||||||||||||||||
23 | Department of Financial and Professional Regulation shall be |
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1 | transferred to the Department of Insurance. The status and | ||||||
2 | rights of such employees under the Personnel Code shall not be | ||||||
3 | affected by the transfer. The rights of the employees and the | ||||||
4 | State of Illinois and its agencies under the Personnel Code and | ||||||
5 | applicable collective bargaining agreements or under any | ||||||
6 | pension, retirement, or annuity plan shall not be affected by | ||||||
7 | this amendatory Act. To the extent that an employee performs | ||||||
8 | duties for the Division of Insurance within the Department of | ||||||
9 | Financial and Professional Regulation and the Department of | ||||||
10 | Financial and Professional Regulation itself or any other | ||||||
11 | division or agency within the Department of Financial and | ||||||
12 | Professional Regulation, that employee shall be transferred at | ||||||
13 | the Governor's discretion. | ||||||
14 | (d) All books, records, papers, documents, property (real | ||||||
15 | and personal), contracts, causes of action, and pending | ||||||
16 | business pertaining to the powers, duties, rights, and | ||||||
17 | responsibilities transferred by this amendatory Act from the | ||||||
18 | Division of Insurance within the Department of Financial and | ||||||
19 | Professional Regulation to the Department of Insurance, | ||||||
20 | including, but not limited to, material in electronic or | ||||||
21 | magnetic format and necessary computer hardware and software, | ||||||
22 | shall be transferred to the Department of Insurance. | ||||||
23 | (e) All unexpended appropriations and balances and other | ||||||
24 | funds available for use by the Division of Insurance within the | ||||||
25 | Department of Financial and Professional Regulation shall be | ||||||
26 | transferred for use by the Department of Insurance pursuant to |
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1 | the direction of the Governor. Unexpended balances so | ||||||
2 | transferred shall be expended only for the purpose for which | ||||||
3 | the appropriations were originally made. | ||||||
4 | (f) The powers, duties, rights, and responsibilities | ||||||
5 | transferred from the Division of Insurance within the | ||||||
6 | Department of Financial and Professional Regulation by this | ||||||
7 | amendatory Act shall be vested in and shall be exercised by the | ||||||
8 | Department of Insurance. | ||||||
9 | (g) Whenever reports or notices are now required to be made | ||||||
10 | or given or papers or documents furnished or served by any | ||||||
11 | person to or upon the Division of Insurance within the | ||||||
12 | Department of Financial and Professional Regulation in | ||||||
13 | connection with any of the powers, duties, rights, and | ||||||
14 | responsibilities transferred by this amendatory Act, the same | ||||||
15 | shall be made, given, furnished, or served in the same manner | ||||||
16 | to or upon the Department of Insurance. | ||||||
17 | (h) This amendatory Act does not affect any act done, | ||||||
18 | ratified, or canceled or any right occurring or established or | ||||||
19 | any action or proceeding had or commenced in an administrative, | ||||||
20 | civil, or criminal cause by the Division of Insurance within | ||||||
21 | the Department of Financial and Professional Regulation before | ||||||
22 | this amendatory Act takes effect; such actions or proceedings | ||||||
23 | may be prosecuted and continued by the Department of Insurance. | ||||||
24 | (i) Any rules of the Division of Insurance within the | ||||||
25 | Department of Financial and Professional Regulation, including | ||||||
26 | any rules of its predecessor Department of Insurance, that |
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1 | relate to its powers, duties,
rights, and responsibilities and | ||||||
2 | are in full force on the effective date of this amendatory Act | ||||||
3 | shall become the rules of the recreated Department of | ||||||
4 | Insurance. This amendatory Act does not affect the legality of | ||||||
5 | any such rules in the Illinois Administrative Code. | ||||||
6 | Any proposed rules filed with the Secretary of State by the | ||||||
7 | Division of Insurance within the Department of Financial and | ||||||
8 | Professional Regulation that are pending in the rulemaking | ||||||
9 | process on the effective date of this amendatory Act and | ||||||
10 | pertain to the powers, duties,
rights, and responsibilities | ||||||
11 | transferred, shall be deemed to have been filed by the | ||||||
12 | Department of Insurance. As soon as practicable hereafter, the | ||||||
13 | Department of Insurance shall revise and clarify the rules | ||||||
14 | transferred to it under this amendatory Act to reflect the | ||||||
15 | reorganization of powers, duties,
rights, and responsibilities | ||||||
16 | affected by this amendatory Act, using the procedures for | ||||||
17 | recodification of rules available under the Illinois | ||||||
18 | Administrative Procedures Act, except that existing title, | ||||||
19 | part, and section numbering for the affected rules may be | ||||||
20 | retained. The Department of Insurance may propose and adopt | ||||||
21 | under the Illinois Administrative Procedures Act such other | ||||||
22 | rules of the Division of Insurance within the Department of | ||||||
23 | Financial and Professional Regulation that will now be | ||||||
24 | administered by the Department of Insurance. | ||||||
25 | To the extent that, prior to July 1, 2009, the Director of | ||||||
26 | the Division of Insurance within the Department of Financial |
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1 | and Professional Regulation had been empowered to prescribe | ||||||
2 | rules or had other rulemaking authority jointly with the | ||||||
3 | Secretary of the Department of Financial and Professional | ||||||
4 | Regulation with regard to the powers, duties,
rights, and | ||||||
5 | responsibilities of the Division of Insurance within the | ||||||
6 | Department of Financial and Professional Regulation, such | ||||||
7 | duties shall be exercised from and after July 1, 2009 solely by | ||||||
8 | the Director of the Department of Insurance.
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9 | Section 99. Effective date. This Act takes effect on July | ||||||
10 | 1, 2009.
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