96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0258

 

Introduced 2/4/2009, by Sen. Michael Noland

 

SYNOPSIS AS INTRODUCED:
 
215 ILCS 5/Art. XLV heading new
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

    Amends the Illinois Insurance Code. Creates a new Article establishing the Insurance Consumer Advocate Law. Provides that the Lieutenant Governor shall serve as the Insurance Public Advocate. Provides that if the position of Lieutenant Governor is vacant, a competent individual appointed by the Governor for the duration of the unexpired term shall fill the Insurance Public Advocate position. Sets forth the powers and duties of the Insurance Public Advocate. Provides that the Insurance Public Advocate may hire professional and non-professional employees as he or she finds necessary for the full and efficient discharge of the powers and duties of the Office. Provides that the Insurance Public Advocate shall, prior to beginning the discharge of duties of that office, take a Constitutional oath of office and give bond. Provides that the Insurance Public Advocate shall have access to all files, records, and documents of the Division of Insurance as outlined within the Act. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0258 LRB096 05676 RPM 15742 b

1     AN ACT concerning insurance.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Insurance Code is amended by adding
5 Article XLV as follows:
 
6     (215 ILCS 5/Art. XLV heading new)
7
ARTICLE XLV. ARTICLE XLV. INSURANCE CONSUMER ADVOCATE

 
8     (215 ILCS 5/1500 new)
9     Sec. 1500. Short title. This Article may be cited as the
10 Insurance Consumer Advocate Law.
 
11     (215 ILCS 5/1501 new)
12     Sec. 1501. Appointment. The Lieutenant Governor shall
13 serve as the Insurance Public Advocate. If the position of
14 Lieutenant Governor is vacant, a competent individual
15 appointed by the Governor for the duration of the unexpired
16 term shall fill the Insurance Public Advocate position. This
17 appointment shall be made with the advice and consent of the
18 Senate. The Insurance Public Advocate shall be considered a
19 State employee for purposes of the State Officials and
20 Employees Ethics Act. The Insurance Public Advocate shall
21 receive an annual salary as set by the Governor from time to

 

 

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1 time or as set by the Compensation Review Board, whichever is
2 greater.
 
3     (215 ILCS 5/1502 new)
4     Sec. 1502. Powers and duties. The Insurance Public Advocate
5 shall have the authority to:
6         (1) investigate the legality of all rates, charges,
7     rules, regulations, and practices of all persons under the
8     jurisdiction of the Division of Insurance within the
9     Department of Financial and Professional Regulation;
10         (2) make recommendations to the General Assembly
11     regarding insurance regulation;
12         (3) make recommendations to the Division regarding
13     insurance regulations;
14         (4) appeal rulemakings and other decisions of the
15     Department regarding insurance issues;
16         (5) institute judicial review of final or
17     interlocutory actions of the Department regarding
18     insurance issues;
19         (6) represent all consumers and the public generally in
20     all insurance-related proceedings before the Department
21     and other State agencies and in related judicial review
22     proceedings or appeals; and
23         (7) prepare an annual budget adequate to discharge the
24     duties of the office of Insurance Public Advocate for
25     presentation to the General Assembly.
 

 

 

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1     (215 ILCS 5/1503 new)
2     Sec. 1503. Office, employees, and expenses. The Insurance
3 Public Advocate may hire professional and non-professional
4 employees as he or she finds necessary for the full and
5 efficient discharge of the powers and duties of the Office.
6     The Insurance Public Advocate may also retain consultants,
7 expert witnesses or technical advisors necessary for the full
8 and efficient discharge of the powers and duties of the Office.
 
9     (215 ILCS 5/1504 new)
10     Sec. 1504. Oath. The Insurance Public Advocate shall, prior
11 to beginning the discharge of the duties of this Law, qualify
12 for that position by taking and subscribing to the
13 Constitutional oath of office and filing the signed oath in the
14 Office of the Secretary of State.
 
15     (215 ILCS 5/1505 new)
16     Sec. 1505. Bond. The Insurance Public Advocate shall give
17 bond before entering upon the discharge of the duties of that
18 office by inclusion in the blanket bond or bonds or
19 self-insurance program provided in Sections 14.1 and 14.2 of
20 the Official Bond Act.
 
21     (215 ILCS 5/1506 new)
22     Sec. 1506. Access to the records of the Division of

 

 

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1 Insurance. Notwithstanding any other provision of law, for
2 purposes of carrying out the powers and duties of this Law, the
3 Insurance Public Advocate shall have access to all files,
4 records, and documents of the Division of Insurance except the
5 following:
6         (1) personnel information in confidential personnel
7     files for the Division;
8         (2) any records or documents that qualify for the work
9     product or attorney-client privilege where the Division is
10     the client; and
11         (3) proprietary information of an insurance company
12     that was provided by the insurance company to the Division.
 
13     Section 99. Effective date. This Act takes effect upon
14 becoming law.