Bill Text: IL SB0258 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: 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.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Introduced - Dead) 2010-03-03 - Added as Co-Sponsor Sen. William Delgado [SB0258 Detail]

Download: Illinois-2009-SB0258-Introduced.html

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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
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AN ACT concerning insurance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Insurance Code is amended by adding
Article XLV as follows:
(215 ILCS 5/Art. XLV heading new)
ARTICLE XLV. ARTICLE XLV. INSURANCE CONSUMER ADVOCATE
(215 ILCS 5/1500 new)
Sec. 1500. Short title. This Article may be cited as the
Insurance Consumer Advocate Law.
(215 ILCS 5/1501 new)
Sec. 1501. Appointment. The Lieutenant Governor shall
serve as the Insurance Public Advocate. 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. This
appointment shall be made with the advice and consent of the
Senate. The Insurance Public Advocate shall be considered a
State employee for purposes of the State Officials and
Employees Ethics Act. The Insurance Public Advocate shall
receive an annual salary as set by the Governor from time to

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

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(215 ILCS 5/1503 new)
Sec. 1503. Office, employees, and expenses. 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.
The Insurance Public Advocate may also retain consultants,
expert witnesses or technical advisors necessary for the full
and efficient discharge of the powers and duties of the Office.
(215 ILCS 5/1504 new)
Sec. 1504. Oath. The Insurance Public Advocate shall, prior
to beginning the discharge of the duties of this Law, qualify
for that position by taking and subscribing to the
Constitutional oath of office and filing the signed oath in the
Office of the Secretary of State.
(215 ILCS 5/1505 new)
Sec. 1505. Bond. The Insurance Public Advocate shall give
bond before entering upon the discharge of the duties of that
office by inclusion in the blanket bond or bonds or
self-insurance program provided in Sections 14.1 and 14.2 of
the Official Bond Act.
(215 ILCS 5/1506 new)
Sec. 1506. Access to the records of the Division of

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