Bill Text: IL HB5478 | 2011-2012 | 97th General Assembly | Chaptered
Bill Title: Amends the Illinois Insurance Code. Provides an exception from the provision concerning the public inspection of records, books, and papers of the office of the Director of Insurance for information that is exempt from disclosure under the Freedom of Information Act. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2012-08-17 - Public Act . . . . . . . . . 97-1004 [HB5478 Detail]
Download: Illinois-2011-HB5478-Chaptered.html
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| Public Act 097-1004 | ||||
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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 Illinois Insurance Code is amended by | ||||
changing Section 404 as follows:
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(215 ILCS 5/404) (from Ch. 73, par. 1016)
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Sec. 404.
Office of Director; A public office; destruction | ||||
or
disposal of records, papers, documents, and memoranda.
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(1) (a) The office of the Director shall be a public office | ||||
and the
records,
books, and papers thereof on file
therein, | ||||
except those records
or documents containing or disclosing any | ||||
analysis, opinion, calculation,
ratio, recommendation, advice, | ||||
viewpoint, or estimation by any Department staff
regarding the | ||||
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 | ||||
to the
inspection of the public, except as the Director, for | ||||
good reason, may
decide otherwise, or except as may be | ||||
otherwise provided in this Code or as otherwise provided in | ||||
Section 7 of the Freedom of Information Act.
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(b) Except where another provision of this Code expressly | ||||
prohibits a
disclosure of confidential information to the | ||||
specific officials or
organizations described in this | ||||
subsection, the Director may disclose or share
any confidential | ||||
records or information in his custody and control with any
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insurance regulatory officials of any state or country, with | ||
the law
enforcement officials of this State, any other state, | ||
or the federal
government, or with the National Association of | ||
Insurance Commissioners, upon
the written agreement of the | ||
official or organization receiving the information
to hold the | ||
information or records confidential and in a manner consistent | ||
with
this Code.
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(c) The Director shall maintain as confidential any records | ||
or
information received from the National Association of | ||
Insurance Commissioners
or insurance regulatory officials of | ||
other states which is confidential in that
other jurisdiction.
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(2) Upon the filing of the examination to which they | ||
relate, the Director
is authorized to destroy or otherwise | ||
dispose of all working papers relative
to any company which | ||
has been examined at any time prior to that last
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examination by the Department, so that in such | ||
circumstances only current
working papers of that last | ||
examination may be retained by the Department.
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(3) Five years after the conclusion of the transactions | ||
to
which they relate, the Director is authorized to destroy | ||
or otherwise
dispose of all books, records, papers, | ||
memoranda and correspondence
directly related to consumer | ||
complaints or inquiries.
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(4) Two years after the conclusion of the transactions | ||
to which they
relate, the Director is authorized to destroy | ||
or otherwise dispose of all
books, records, papers, | ||
memoranda, and correspondence directly related to
all | ||
void, obsolete, or superseded rate filings and schedules | ||
required to be
filed by statute; and all individual company | ||
rating experience data and all
records, papers, documents | ||
and memoranda in the possession of the Director
relating | ||
thereto.
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(5) Five years after the conclusion of the transactions | ||
to which
they relate, the Director is authorized to destroy | ||
or otherwise dispose
of all examination reports of | ||
companies made by the insurance supervisory
officials of | ||
states other than Illinois; applications, requisitions, | ||
and
requests for licenses; all records of hearings; and all | ||
similar records,
papers, documents, and memoranda in the | ||
possession of the Director.
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(6) Ten years after the conclusion of the transactions | ||
to which they
relate, the Director is authorized to destroy | ||
or otherwise dispose of all
official correspondence of | ||
foreign and alien companies, all foreign
companies' and | ||
alien companies' annual statements, valuation reports, tax
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reports, and all similar records, papers, documents and | ||
memoranda in the
possession of the Director.
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(7) Whenever any records, papers, documents or | ||
memoranda are
destroyed or otherwise disposed of pursuant | ||
to the provisions of this
section, the Director shall | ||
execute and file in a separate, permanent
office file a | ||
certificate listing and setting forth by summary
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description the records, papers, documents or memoranda so | ||
destroyed or
otherwise disposed of, and the Director may, | ||
in his discretion, preserve
copies of any such records, | ||
papers, documents or memoranda by means of
microfilming or | ||
photographing the same.
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(8) This Section shall apply to records, papers, | ||
documents, and
memoranda presently in the possession of the | ||
Director as well as to
records, papers, documents, and | ||
memoranda hereafter coming into his
possession.
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(Source: P.A. 89-97, eff. 7-7-95.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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