August 11, 2009

To the Honorable Members of the

Illinois House of Representatives

96^th General Assembly

Today, I return House Bill 1115 with specific recommendations for change.  This legislation would separate the Department of Insurance (formerly the Division of Insurance) from the Department of Financial and Professional Regulation thereby reestablishing the Department of Insurance as a stand-alone entity.  While I appreciate the efforts of the sponsors, and support fully an independent Department of Insurance, I must note that this objective has already been accomplished.  Executive Order 2009-04, issued April 1, 2009, which became effective pursuant to Article V, Section 11 of the Illinois Constitution when neither chamber of the General Assembly disapproved of it, reestablishing the Department of Insurance as a stand-alone executive agency directly responsible to the Governor. As a result, all powers, duties, rights and responsibilities of the Division of Insurance within the Department of Financial and Professional Regulation have been transferred to the Department of Insurance. Therefore, the substance of House Bill 1115 is declarative of existing law.  I look forward to working with the members of the General Assembly to achieve our shared goal of ensuring that its new independence will enable the Department of Insurance to excel.

Therefore, pursuant to Article IV, Section 9(e) of the Illinois Constitution of 1970, I hereby return House Bill 382, entitled “AN ACT concerning insurance.”, with the following specific recommendations for change:

on page 1, by replacing lines 9 through 14 with “(a)  Executive Order 2009-04 hereby supersedes Executive Order 2004-6 to the extent that Executive Order 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.”

on page 1, line 18, by replacing “July 1, 2009” with “the effective date of

Executive Order 2009-04”; and

            on page 2, line 17, by replacing “this amendatory act” with “Executive Order 2009-04”; and

            on page 3, lines 6 and 7, by replacing “this amendatory act” with “Executive Order 2009-04”; and

            on page 3, line 14, by replacing “this amendatory act” with “Executive Order 2009-04”; and

            on page 4, line 2, by replacing “this amendatory act” with “Executive Order 2009-04”; and

            on page 4, line 9, by replacing “this amendatory act” with “Executive Order 2009-04”; and

            on page 4, line 14, by replacing “this amendatory act” with “Executive Order 2009-04”; and

            on page 4, line 16, by replacing “this amendatory act” with “Executive Order 2009-04”; and

on page 4, line 25, by replacing “July 1, 2009” with “the effective date of Executive Order 2009-04”; and

            on page 5, line 7, by replacing “July 1, 2009” with “the effective date of Executive Order 2009-04”.

With these changes, House Bill 1115 will have my approval. I respectfully request your concurrence.

Sincerely,

PAT QUINN

Governor