Full Text of HB4782 96th General Assembly
HB4782sam001 96TH GENERAL ASSEMBLY
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Sen. William R. Haine
Filed: 4/19/2010
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| AMENDMENT TO HOUSE BILL 4782
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| AMENDMENT NO. ______. Amend House Bill 4782 by replacing | 3 |
| everything after the enacting clause with the following:
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| "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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| (Source: P.A. 96-180, eff. 1-1-10; revised 10-21-09.) |
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| (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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| 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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| 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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| 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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| 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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| (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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| 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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| 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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| 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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| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.".
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