Full Text of HB1115 96th General Assembly
HB1115enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning insurance.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Department of Insurance Law of the
Civil | 5 |
| Administrative Code of Illinois is amended by adding Section | 6 |
| 1405-35 as follows: | 7 |
| (20 ILCS 1405/1405-35 new)
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| Sec. 1405-35. The Department of Insurance. | 9 |
| (a) Executive Order No. 2004-6 is hereby superseded by this | 10 |
| amendatory Act of the 96th General Assembly to the extent that | 11 |
| Executive Order No. 2004-6 transfers the powers, duties,
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| rights, and responsibilities of the Department of Insurance to | 13 |
| the Division of Insurance within the Department of Financial | 14 |
| and Professional Regulation. | 15 |
| (b) The Division of Insurance within the Department of | 16 |
| Financial and Professional Regulation is hereby abolished and | 17 |
| the Department of Insurance is created as an independent | 18 |
| department. On July 1, 2009, all powers, duties,
rights, and | 19 |
| responsibilities of the Division of Insurance within the | 20 |
| Department of Financial and Professional Regulation shall be | 21 |
| transferred to the Department of Insurance. | 22 |
| (c) The personnel of the Division of Insurance within the | 23 |
| Department of Financial and Professional Regulation shall be |
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| transferred to the Department of Insurance. The status and | 2 |
| rights of such employees under the Personnel Code shall not be | 3 |
| affected by the transfer. The rights of the employees and the | 4 |
| State of Illinois and its agencies under the Personnel Code and | 5 |
| applicable collective bargaining agreements or under any | 6 |
| pension, retirement, or annuity plan shall not be affected by | 7 |
| this amendatory Act. To the extent that an employee performs | 8 |
| duties for the Division of Insurance within the Department of | 9 |
| Financial and Professional Regulation and the Department of | 10 |
| Financial and Professional Regulation itself or any other | 11 |
| division or agency within the Department of Financial and | 12 |
| Professional Regulation, that employee shall be transferred at | 13 |
| the Governor's discretion. | 14 |
| (d) All books, records, papers, documents, property (real | 15 |
| and personal), contracts, causes of action, and pending | 16 |
| business pertaining to the powers, duties, rights, and | 17 |
| responsibilities transferred by this amendatory Act from the | 18 |
| Division of Insurance within the Department of Financial and | 19 |
| Professional Regulation to the Department of Insurance, | 20 |
| including, but not limited to, material in electronic or | 21 |
| magnetic format and necessary computer hardware and software, | 22 |
| shall be transferred to the Department of Insurance. | 23 |
| (e) All unexpended appropriations and balances and other | 24 |
| funds available for use by the Division of Insurance within the | 25 |
| Department of Financial and Professional Regulation shall be | 26 |
| transferred for use by the Department of Insurance pursuant to |
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| the direction of the Governor. Unexpended balances so | 2 |
| transferred shall be expended only for the purpose for which | 3 |
| the appropriations were originally made. | 4 |
| (f) The powers, duties, rights, and responsibilities | 5 |
| transferred from the Division of Insurance within the | 6 |
| Department of Financial and Professional Regulation by this | 7 |
| amendatory Act shall be vested in and shall be exercised by the | 8 |
| Department of Insurance. | 9 |
| (g) Whenever reports or notices are now required to be made | 10 |
| or given or papers or documents furnished or served by any | 11 |
| person to or upon the Division of Insurance within the | 12 |
| Department of Financial and Professional Regulation in | 13 |
| connection with any of the powers, duties, rights, and | 14 |
| responsibilities transferred by this amendatory Act, the same | 15 |
| shall be made, given, furnished, or served in the same manner | 16 |
| to or upon the Department of Insurance. | 17 |
| (h) This amendatory Act does not affect any act done, | 18 |
| ratified, or canceled or any right occurring or established or | 19 |
| any action or proceeding had or commenced in an administrative, | 20 |
| civil, or criminal cause by the Division of Insurance within | 21 |
| the Department of Financial and Professional Regulation before | 22 |
| this amendatory Act takes effect; such actions or proceedings | 23 |
| may be prosecuted and continued by the Department of Insurance. | 24 |
| (i) Any rules of the Division of Insurance within the | 25 |
| Department of Financial and Professional Regulation, including | 26 |
| any rules of its predecessor Department of Insurance, that |
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| relate to its powers, duties,
rights, and responsibilities and | 2 |
| are in full force on the effective date of this amendatory Act | 3 |
| shall become the rules of the recreated Department of | 4 |
| Insurance. This amendatory Act does not affect the legality of | 5 |
| any such rules in the Illinois Administrative Code. | 6 |
| Any proposed rules filed with the Secretary of State by the | 7 |
| Division of Insurance within the Department of Financial and | 8 |
| Professional Regulation that are pending in the rulemaking | 9 |
| process on the effective date of this amendatory Act and | 10 |
| pertain to the powers, duties,
rights, and responsibilities | 11 |
| transferred, shall be deemed to have been filed by the | 12 |
| Department of Insurance. As soon as practicable hereafter, the | 13 |
| Department of Insurance shall revise and clarify the rules | 14 |
| transferred to it under this amendatory Act to reflect the | 15 |
| reorganization of powers, duties,
rights, and responsibilities | 16 |
| affected by this amendatory Act, using the procedures for | 17 |
| recodification of rules available under the Illinois | 18 |
| Administrative Procedures Act, except that existing title, | 19 |
| part, and section numbering for the affected rules may be | 20 |
| retained. The Department of Insurance may propose and adopt | 21 |
| under the Illinois Administrative Procedures Act such other | 22 |
| rules of the Division of Insurance within the Department of | 23 |
| Financial and Professional Regulation that will now be | 24 |
| administered by the Department of Insurance. | 25 |
| To the extent that, prior to July 1, 2009, the Director of | 26 |
| the Division of Insurance within the Department of Financial |
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| and Professional Regulation had been empowered to prescribe | 2 |
| rules or had other rulemaking authority jointly with the | 3 |
| Secretary of the Department of Financial and Professional | 4 |
| Regulation with regard to the powers, duties,
rights, and | 5 |
| responsibilities of the Division of Insurance within the | 6 |
| Department of Financial and Professional Regulation, such | 7 |
| duties shall be exercised from and after July 1, 2009 solely by | 8 |
| the Director of the Department of Insurance.
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| Section 99. Effective date. This Act takes effect on July | 10 |
| 1, 2009.
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