Illinois General Assembly - Bill Status for SB1495
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 Bill Status of SB1495  103rd General Assembly


Short Description:  INS-PUBLIC ADJUSTERS/VARIOUS

Senate Sponsors
Sen. Napoleon Harris, III

House Sponsors
(Rep. Thaddeus Jones - Bob Morgan)

Last Action
DateChamber Action
  6/30/2023SenatePublic Act . . . . . . . . . 103-0216

Statutes Amended In Order of Appearance
215 ILCS 5/1510
215 ILCS 5/1550
215 ILCS 5/1555
215 ILCS 5/1560
215 ILCS 5/1575
215 ILCS 5/1585
215 ILCS 5/1586 new
215 ILCS 5/1590
815 ILCS 625/Act rep.


Synopsis As Introduced
Amends the Public Adjuster Article of the Illinois Insurance Code. Provides that the Director of Insurance, upon finding that an applicant for a public adjuster license was previously convicted of any felony or a misdemeanor involving dishonesty or fraud (rather than a felony or misdemeanor involving dishonesty or fraud), shall consider any mitigating factors and evidence of rehabilitation contained in the applicant's record to determine if a license may be denied. Provides that the Director may place on probation, suspend, revoke, deny, or refuse to issue or renew a public adjuster's license or may levy a civil penalty for having been convicted of any felony or a misdemeanor involving dishonesty or fraud (rather than a felony or misdemeanor involving dishonesty or fraud), and failing to comply with specified provisions concerning associated contractors. Provides that an applicant's surety bond or irrevocable letter of credit shall be in the minimum amount of $50,000 (rather than $20,000). Provides that public adjusters shall ensure that all contracts for their services contain an email address and a scope of damages. Sets forth language required to be contained in a written disclosure provided to the insured. Provides that a public adjuster may provide emergency services before a written contract with the insured has been executed. Sets forth provisions concerning associated contractors. Makes other changes. Repeals the Fire Damage Representation Agreement Act.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Provides that a public adjuster shall provide the insurer or its authorized representative for receiving notice of loss or damage with an exact copy of the contract with the insured by email within 2 business days after execution of the contract (rather than by email after execution of the contract). Provides that a contract shall be voidable for 5 business days after the copy has been received by the insurer (rather than for 5 business days after execution). In provisions concerning standards of conduct of public adjusters, provides that a public adjuster shall not act in the place and instead of the insured.

Senate Floor Amendment No. 2
Deletes reference to:
215 ILCS 5/1586 new
Adds reference to:
215 ILCS 5/1515
215 ILCS 5/1570

Replaces everything after the enacting clause. Reinserts the provisions of the amended bill with the following changes. Further amends the Illinois Insurance Code. Provides that all contracts entered into that are in violation of provisions concerning public adjuster licensure and provisions concerning a contract between a public adjuster and an insured are void and invalid. In provisions concerning public adjuster fees, provides that if the loss giving rise to the claim for which the public adjuster was retained arises from damage to property that is anything but a personal residence, a public adjuster may not charge, agree to, or accept any compensation, payment, commission, fee, or other valuable consideration in excess of 10% of the amount of the insurance settlement claim paid by the insurer on any claim resulting from a catastrophic event, unless approved in writing by the Director of Insurance. Provides that if the loss giving rise to the claim for which the public adjuster was retained arises from damage to a personal residence, a public adjuster may not charge, agree to, or accept any compensation, payment, commissions, fee, or other valuable consideration in excess of 10% of the amount of the insurance settlement claim paid by the insurer on any claim. Provides that a public adjuster shall provide the insurer or its authorized representative for receiving notice of loss or damage with an exact copy of the contract with the insured by email no later than 5 business days after execution of the contract (rather than by email after execution of the contract). Removes language providing that a public adjuster shall not act in the place and instead of the insured. Removes provisions concerning associated contractors, scope of damages, and written disclosures. Makes other changes.

Actions 
DateChamber Action
  2/7/2023SenateFiled with Secretary by Sen. Napoleon Harris, III
  2/7/2023SenateFirst Reading
  2/7/2023SenateReferred to Assignments
  2/14/2023SenateAssigned to Insurance
  3/3/2023SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Napoleon Harris, III
  3/3/2023SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/7/2023SenateSenate Committee Amendment No. 1 Assignments Refers to Insurance
  3/7/2023SenateSenate Committee Amendment No. 1 Adopted; Insurance
  3/8/2023SenateDo Pass as Amended Insurance; 010-000-000
  3/8/2023SenatePlaced on Calendar Order of 2nd Reading March 9, 2023
  3/24/2023SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Napoleon Harris, III
  3/24/2023SenateSenate Floor Amendment No. 2 Referred to Assignments
  3/28/2023SenateSecond Reading
  3/28/2023SenatePlaced on Calendar Order of 3rd Reading March 29, 2023
  3/28/2023SenateSenate Floor Amendment No. 2 Assignments Refers to Insurance
  3/29/2023SenateSenate Floor Amendment No. 2 Recommend Do Adopt Insurance; 009-000-000
  3/29/2023SenateRecalled to Second Reading
  3/29/2023SenateSenate Floor Amendment No. 2 Adopted; Harris
  3/29/2023SenatePlaced on Calendar Order of 3rd Reading
  3/29/2023SenateThird Reading - Passed; 057-000-000
  3/30/2023HouseArrived in House
  3/30/2023HouseChief House Sponsor Rep. Thaddeus Jones
  3/30/2023HouseFirst Reading
  3/30/2023HouseReferred to Rules Committee
  4/18/2023HouseAssigned to Insurance Committee
  4/21/2023HouseAdded Alternate Chief Co-Sponsor Rep. Bob Morgan
  4/25/2023HouseDo Pass / Short Debate Insurance Committee; 015-000-000
  4/26/2023HousePlaced on Calendar 2nd Reading - Short Debate
  5/3/2023HouseSecond Reading - Short Debate
  5/3/2023HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/11/2023HouseThird Reading - Short Debate - Passed 113-000-000
  5/11/2023SenatePassed Both Houses
  6/9/2023SenateSent to the Governor
  6/30/2023SenateGovernor Approved
  6/30/2023SenateEffective Date January 1, 2024
  6/30/2023SenatePublic Act . . . . . . . . . 103-0216

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