Sen. William R. Haine
Filed: 4/19/2010
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1 | AMENDMENT TO HOUSE BILL 4782
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2 | AMENDMENT NO. ______. Amend House Bill 4782 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Insurance Code is amended by | ||||||
5 | changing and renumbering Section 356z.15, as added by Public | ||||||
6 | Act 96-180, and changing Section 404 as follows: | ||||||
7 | (215 ILCS 5/356z.16) | ||||||
8 | Sec. 356z.16 356z.15 . Applicability of mandated benefits | ||||||
9 | to supplemental policies. Unless specified otherwise, the | ||||||
10 | following Sections of the Illinois Insurance Code do not apply | ||||||
11 | to short-term travel, disability income, long-term care, | ||||||
12 | accident only, or limited or specified disease policies: 356b, | ||||||
13 | 356c, 356d, 356g, 356k, 356m, 356n, 356p, 356q, 356r, 356t, | ||||||
14 | 356u, 356w, 356x, 356z.1, 356z.2, 356z.4, 356z.5, 356z.6, | ||||||
15 | 356z.8, 356z.12, 367.2-5, and 367e.
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16 | (Source: P.A. 96-180, eff. 1-1-10; revised 10-21-09.) |
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1 | (215 ILCS 5/404) (from Ch. 73, par. 1016) | ||||||
2 | Sec. 404. Office of Director; A public office; destruction | ||||||
3 | or
disposal of records, papers, documents, and memoranda. | ||||||
4 | (1) (a) The office of the Director shall be a public office | ||||||
5 | and the
records,
books, and papers thereof on file
therein, | ||||||
6 | except those records
or documents containing or disclosing any | ||||||
7 | analysis, opinion, calculation,
ratio, recommendation, advice, | ||||||
8 | viewpoint, or estimation by any Department staff
regarding the | ||||||
9 | financial or market condition of an insurer not otherwise made
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10 | part of the public record by the Director,
shall be accessible | ||||||
11 | to the
inspection of the public, except as the Director, for | ||||||
12 | good reason, may
decide otherwise, or except as may be | ||||||
13 | otherwise provided in this Code or as otherwise provided in | ||||||
14 | Section 7 of the Freedom of Information Act . | ||||||
15 | (b) Except where another provision of this Code expressly | ||||||
16 | prohibits a
disclosure of confidential information to the | ||||||
17 | specific officials or
organizations described in this | ||||||
18 | subsection, the Director may disclose or share
any confidential | ||||||
19 | records or information in his custody and control with any
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20 | insurance regulatory officials of any state or country, with | ||||||
21 | the law
enforcement officials of this State, any other state, | ||||||
22 | or the federal
government, or with the National Association of | ||||||
23 | Insurance Commissioners, upon
the written agreement of the | ||||||
24 | official or organization receiving the information
to hold the | ||||||
25 | information or records confidential and in a manner consistent |
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1 | with
this Code. | ||||||
2 | (c) The Director shall maintain as confidential any records | ||||||
3 | or
information received from the National Association of | ||||||
4 | Insurance Commissioners
or insurance regulatory officials of | ||||||
5 | other states which is confidential in that
other jurisdiction. | ||||||
6 | (2) Upon the filing of the examination to which they | ||||||
7 | relate, the Director
is authorized to destroy or otherwise | ||||||
8 | dispose of all working papers relative
to any company which | ||||||
9 | has been examined at any time prior to that last
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10 | examination by the Department, so that in such | ||||||
11 | circumstances only current
working papers of that last | ||||||
12 | examination may be retained by the Department. | ||||||
13 | (3) Five years after the conclusion of the transactions | ||||||
14 | to
which they relate, the Director is authorized to destroy | ||||||
15 | or otherwise
dispose of all books, records, papers, | ||||||
16 | memoranda and correspondence
directly related to consumer | ||||||
17 | complaints or inquiries. | ||||||
18 | (4) Two years after the conclusion of the transactions | ||||||
19 | to which they
relate, the Director is authorized to destroy | ||||||
20 | or otherwise dispose of all
books, records, papers, | ||||||
21 | memoranda, and correspondence directly related to
all | ||||||
22 | void, obsolete, or superseded rate filings and schedules | ||||||
23 | required to be
filed by statute; and all individual company | ||||||
24 | rating experience data and all
records, papers, documents | ||||||
25 | and memoranda in the possession of the Director
relating | ||||||
26 | thereto. |
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1 | (5) Five years after the conclusion of the transactions | ||||||
2 | to which
they relate, the Director is authorized to destroy | ||||||
3 | or otherwise dispose
of all examination reports of | ||||||
4 | companies made by the insurance supervisory
officials of | ||||||
5 | states other than Illinois; applications, requisitions, | ||||||
6 | and
requests for licenses; all records of hearings; and all | ||||||
7 | similar records,
papers, documents, and memoranda in the | ||||||
8 | possession of the Director. | ||||||
9 | (6) Ten years after the conclusion of the transactions | ||||||
10 | to which they
relate, the Director is authorized to destroy | ||||||
11 | or otherwise dispose of all
official correspondence of | ||||||
12 | foreign and alien companies, all foreign
companies' and | ||||||
13 | alien companies' annual statements, valuation reports, tax
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14 | reports, and all similar records, papers, documents and | ||||||
15 | memoranda in the
possession of the Director. | ||||||
16 | (7) Whenever any records, papers, documents or | ||||||
17 | memoranda are
destroyed or otherwise disposed of pursuant | ||||||
18 | to the provisions of this
section, the Director shall | ||||||
19 | execute and file in a separate, permanent
office file a | ||||||
20 | certificate listing and setting forth by summary
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21 | description the records, papers, documents or memoranda so | ||||||
22 | destroyed or
otherwise disposed of, and the Director may, | ||||||
23 | in his discretion, preserve
copies of any such records, | ||||||
24 | papers, documents or memoranda by means of
microfilming or | ||||||
25 | photographing the same. | ||||||
26 | (8) This Section shall apply to records, papers, |
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1 | documents, and
memoranda presently in the possession of the | ||||||
2 | Director as well as to
records, papers, documents, and | ||||||
3 | memoranda hereafter coming into his
possession. | ||||||
4 | (Source: P.A. 89-97, eff. 7-7-95.)
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.".
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