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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4931
Introduced , by Rep. Brandon W. Phelps SYNOPSIS AS INTRODUCED:
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65 ILCS 5/11-10-1 |
from Ch. 24, par. 11-10-1 |
65 ILCS 5/11-10-2 |
from Ch. 24, par. 11-10-2 |
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Amends the Illinois Municipal Code. Provides that a payment that is required to be made by every out-of-state corporation, company, and association which is engaged in effecting fire insurance in a municipality must be paid to the foreign fire insurance board (instead of the municipality). Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4931 |
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LRB095 18355 HLH 44440 b |
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| AN ACT concerning local government.
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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 Municipal Code is amended by |
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| changing Sections 11-10-1 and 11-10-2 as follows:
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| (65 ILCS 5/11-10-1) (from Ch. 24, par. 11-10-1)
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| Sec. 11-10-1. In each municipality or fire protection |
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| district, whether
incorporated under a general or special law, |
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| which has a fire department
established and maintained by |
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| municipal or fire protection district
ordinances, every |
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| corporation, company, and association which is not
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| incorporated under the laws of this state and which is engaged |
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| in effecting
fire insurance in the municipality or fire |
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| protection district, shall pay
to the foreign fire insurance |
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| board treasurer of the municipality or to the secretary of the |
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| fire
protection district for the maintenance, use, and benefit |
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| of the fire
department thereof, a sum not exceeding 2% of the |
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| gross receipts received
from fire insurance upon property |
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| situated within the municipality or
district.
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| Each municipality and fire protection district may |
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| prescribe by
ordinance the rate of the tax or license fee to be |
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| paid, but this rate
shall not exceed the rate specified in this |
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| section. Each designated
corporation, company, and association |
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HB4931 |
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LRB095 18355 HLH 44440 b |
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| shall pay at the rate so prescribed,
upon the amount of all |
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| premiums which have been received during the year
ending on |
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| every first day of July for all fire insurance effected or |
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| agreed
to be effected on property situated within the |
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| municipality or fire
protection district, by that corporation, |
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| company, or association
respectively.
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| Every person who acts in any specified municipality or fire |
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| protection
district as agent, or otherwise, on behalf of a |
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| designated corporation,
company, or association, shall render |
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| to the treasurer of the foreign fire insurance board municipal |
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| comptroller, if
there is one, or if not to the municipal clerk |
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| or secretary of the fire
protection district, on or before the |
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| fifteenth day of July of each year, a
full and true account, |
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| verified by his oath, of all of the premiums which,
during the |
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| year ending on the first day of July preceding the report, were
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| received by him, or by any other person for him on behalf of |
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| that
corporation, company, or association. He shall specify in |
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| this report the
amounts received for fire insurance, and he |
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| shall pay to the treasurer of
the foreign fire insurance board |
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| municipality, or to the secretary of the fire protection |
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| district, at
the time of rendering this report, the amount as |
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| determined by the rate
fixed by the ordinance of the |
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| municipality or fire protection district for
which his |
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| corporation, company, or association is accountable under this
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| section and the ordinance.
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| If this account is not rendered on or before the fifteenth |
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HB4931 |
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LRB095 18355 HLH 44440 b |
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| day of July
of each year, or if the sum due remains unpaid |
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| after that day, it shall be
unlawful for any corporation, |
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| company, or association, so in default, to
transact any |
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| business in the municipality or fire protection district until
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| the sum due has been fully paid. But this provision shall not |
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| relieve any
corporation, company, or association from the |
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| payment of any loss upon any
risk that may be taken in |
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| violation of this requirement.
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| The amount of this tax or license fee may be recovered from |
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| the
corporation, company, or association which owes it, or from |
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| its agent, by
an action in the name and for the use of the |
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| municipality or fire
protection district as for money had and |
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| received.
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| The municipal comptroller, if any, and if not, then the |
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| municipal clerk
or the secretary of the fire protection |
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| district, may examine the books,
records, and other papers and |
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| documents of a designated agent, corporation,
company, or |
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| association for the purpose of verifying the correctness of the
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| report of the amounts received for fire insurance.
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| This section shall not be applicable to receipts from |
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| contracts of
marine insurance, even though they include |
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| insurance against fire, where
the premium for the fire |
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| insurance is not separately specified.
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| (Source: Laws 1961, p. 576.)
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| (65 ILCS 5/11-10-2) (from Ch. 24, par. 11-10-2)
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HB4931 |
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LRB095 18355 HLH 44440 b |
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| Sec. 11-10-2. The corporate authorities of any |
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| municipality containing
less than 250,000 inhabitants which |
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| has an organized fire department shall
pass an ordinance |
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| providing for the election of officers of the
department |
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| foreign fire insurance board by the members of the
department. |
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| All members of the department shall be eligible to be elected |
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| as
officers of the department foreign fire insurance board. |
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| These officers
shall include a treasurer, and they shall make |
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| all needful rules and
regulations with respect to the |
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| department foreign fire insurance board and
the management of |
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| the money to be appropriated to the board. The officers of the |
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| department foreign fire insurance board
shall develop and |
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| maintain a listing of those items that the board feels are
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| appropriate
expenditures under this Act. All of the money paid |
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| to the municipal treasurer
as provided in Section 11-10-1 shall |
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| be set apart and shall be appropriated
annually by the |
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| corporate authorities to the department foreign fire insurance
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| board. The treasurer of the department foreign
fire insurance |
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| board shall give a sufficient bond to the municipality
in which |
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| the fire department is organized. This bond shall be approved |
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| by
the mayor or president, as the case may be, conditioned upon |
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| the faithful
performance by the treasurer of his or her duties |
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| under the ordinance and
the rules and regulations provided for |
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| in this section. The treasurer
of the department foreign fire |
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| insurance board shall receive the
appropriated money and shall |
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| pay out the money upon the
order of the department foreign fire |
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HB4931 |
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LRB095 18355 HLH 44440 b |
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| insurance board for the
maintenance, use, and benefit of the |
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| department.
As part of the annual municipal audit, these funds |
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| shall be audited to verify
that these purchases are for the |
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| maintenance, use, and benefit of the
department.
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| The provisions of this Section shall be the exclusive power |
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| of the
State, pursuant to subsection (h) of Section 6 of |
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| Article VII of the
Constitution.
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| (Source: P.A. 89-63, eff. 6-30-95.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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