Sen. Neil Anderson

Filed: 4/16/2015

 

 


 

 


 
09900SB0928sam001LRB099 05511 AWJ 34029 a

1
AMENDMENT TO SENATE BILL 928

2    AMENDMENT NO. ______. Amend Senate Bill 928 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Municipal Code is amended by
5changing Sections 11-10-1 and 11-10-2 and by adding Section
611-10-4 as follows:
 
7    (65 ILCS 5/11-10-1)  (from Ch. 24, par. 11-10-1)
8    Sec. 11-10-1. In each municipality or fire protection
9district, whether incorporated under a general or special law,
10which utilizes fire protection services from a private
11not-for-profit corporation or has a fire department
12established and maintained by municipal or fire protection
13district ordinances, every corporation, company, and
14association which is not incorporated under the laws of this
15state and which is engaged in effecting fire insurance in the
16municipality or fire protection district, shall pay to the

 

 

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1foreign fire insurance board or to the secretary of the fire
2protection district for the maintenance, use, and benefit of
3the fire department thereof, a sum not exceeding 2% of the
4gross receipts received from fire insurance upon property
5situated within the municipality or district.
6    Each municipality and fire protection district may
7prescribe by ordinance the rate of the tax or license fee to be
8paid, but this rate shall not exceed the rate specified in this
9section. Each designated corporation, company, and association
10shall pay at the rate so prescribed, upon the amount of all
11premiums which have been received during the year ending on
12every first day of July for all fire insurance effected or
13agreed to be effected on property situated within the
14municipality or fire protection district, by that corporation,
15company, or association respectively.
16    Every person who acts in any specified municipality or fire
17protection district as agent, or otherwise, on behalf of a
18designated corporation, company, or association, shall render
19to the treasurer of the foreign fire insurance board or
20secretary of the fire protection district, on or before the
21fifteenth day of July of each year, a full and true account,
22verified by his oath, of all of the premiums which, during the
23year ending on the first day of July preceding the report, were
24received by him, or by any other person for him on behalf of
25that corporation, company, or association. He shall specify in
26this report the amounts received for fire insurance, and he

 

 

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1shall pay to the treasurer of the foreign fire insurance board,
2or to the secretary of the fire protection district, at the
3time of rendering this report, the amount as determined by the
4rate fixed by the ordinance of the municipality or fire
5protection district for which his corporation, company, or
6association is accountable under this section and the
7ordinance.
8    If this account is not rendered on or before the fifteenth
9day of July of each year, or if the sum due remains unpaid
10after that day, it shall be unlawful for any corporation,
11company, or association, so in default, to transact any
12business in the municipality or fire protection district until
13the sum due has been fully paid. But this provision shall not
14relieve any corporation, company, or association from the
15payment of any loss upon any risk that may be taken in
16violation of this requirement.
17    The amount of this tax or license fee may be recovered from
18the corporation, company, or association which owes it, or from
19its agent, by an action in the name and for the use of the
20municipality or fire protection district as for money had and
21received.
22    The municipal comptroller, if any, and if not, then the
23municipal clerk or the secretary of the fire protection
24district, may examine the books, records, and other papers and
25documents of a designated agent, corporation, company, or
26association for the purpose of verifying the correctness of the

 

 

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1report of the amounts received for fire insurance.
2    This section shall not be applicable to receipts from
3contracts of marine insurance, even though they include
4insurance against fire, where the premium for the fire
5insurance is not separately specified.
6(Source: P.A. 95-807, eff. 8-12-08.)
 
7    (65 ILCS 5/11-10-2)  (from Ch. 24, par. 11-10-2)
8    Sec. 11-10-2. A department foreign fire insurance board
9shall be created within the fire department of each
10municipality with fewer than 500,000 inhabitants that has an
11organized fire department or utilizes fire protection services
12from a private not-for-profit corporation. The board shall
13consist of 7 trustees; the fire chief, who shall hold office by
14virtue of rank, and 6 members, who shall be elected at large by
15the sworn members of the department, or in the case of a
16private not-for-profit corporation, volunteer members who have
17served more than 2 consecutive years. If there is an
18insufficient number of candidates to fill all these positions,
19the number of board members may be reduced, but not to fewer
20than 3 trustees. All members of the department shall be
21eligible to be elected as officers of the department foreign
22fire insurance board. The members of this board shall annually
23elect officers. These officers shall be a chairman and a
24treasurer. The trustees of the department foreign fire
25insurance board shall make all needful rules and regulations

 

 

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1with respect to the department foreign fire insurance board and
2the management of the money to be appropriated to the board.
3The officers of the department foreign fire insurance board
4shall develop and maintain a listing of those items that the
5board feels are appropriate expenditures under this Act. The
6treasurer of the department foreign fire insurance board shall
7give a sufficient bond to the municipality in which the fire
8department is organized. This bond shall be approved by the
9mayor or president, as the case may be, conditioned upon the
10faithful performance by the treasurer of his or her duties
11under the ordinance and the rules and regulations provided for
12in this section. The treasurer of the department foreign fire
13insurance board shall receive the appropriated money and shall
14pay out the money upon the order of the department foreign fire
15insurance board for the maintenance, use, and benefit of the
16department. As part of the annual municipal audit, these funds
17shall be audited to verify that the funds have been expended by
18that board only for the maintenance, use, and benefit of the
19department.
20    The provisions of this Section shall be the exclusive power
21of the State, pursuant to subsection (h) of Section 6 of
22Article VII of the Constitution.
23(Source: P.A. 95-807, eff. 8-12-08; 96-505, eff. 8-14-09.)
 
24    (65 ILCS 5/11-10-4 new)
25    Sec. 11-10-4. Definition. As used in this Division, "fire

 

 

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1department of a municipality" shall include any not-for-profit
2corporation that has contracted with a municipality to provide
3fire protection services, and individuals who provide fire
4protection services on behalf of the not-for-profit
5corporation shall be considered sworn members of the
6department.".