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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Municipal Code is amended by | ||||||||||||||||||||||||||
5 | changing Sections 11-10-1 and 11-10-2 as follows:
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6 | (65 ILCS 5/11-10-1) (from Ch. 24, par. 11-10-1)
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7 | Sec. 11-10-1. (a) In each municipality or fire protection | ||||||||||||||||||||||||||
8 | district, whether
incorporated under a general or special law, | ||||||||||||||||||||||||||
9 | which has a fire department
established and maintained by | ||||||||||||||||||||||||||
10 | municipal or fire protection district
ordinances, every | ||||||||||||||||||||||||||
11 | corporation, company, and association which is not
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12 | incorporated under the laws of this state and which is engaged | ||||||||||||||||||||||||||
13 | in effecting
fire insurance in the municipality or fire | ||||||||||||||||||||||||||
14 | protection district, shall pay
to the foreign fire insurance | ||||||||||||||||||||||||||
15 | board or to the secretary of the fire
protection district for | ||||||||||||||||||||||||||
16 | the maintenance, use, and benefit of the fire
department | ||||||||||||||||||||||||||
17 | thereof, a sum of not exceeding 2% of the gross receipts | ||||||||||||||||||||||||||
18 | received
from fire insurance upon property situated within the | ||||||||||||||||||||||||||
19 | municipality or
district.
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20 | Each municipality and fire protection district may | ||||||||||||||||||||||||||
21 | prescribe by
ordinance the rate of the tax or license fee to be | ||||||||||||||||||||||||||
22 | paid, but this rate
shall not exceed the rate specified in this | ||||||||||||||||||||||||||
23 | section. Each designated
corporation, company, and association |
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1 | shall pay at the rate so prescribed by this subsection ,
upon | ||||||
2 | the amount of all premiums which have been received during the | ||||||
3 | year
ending on every first day of July for all fire insurance | ||||||
4 | effected or agreed
to be effected on property situated within | ||||||
5 | the municipality or fire
protection district, by that | ||||||
6 | corporation, company, or association
respectively.
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7 | Every person who acts in any specified municipality or | ||||||
8 | fire protection
district as agent, or otherwise, on behalf of | ||||||
9 | a designated corporation,
company, or association, shall | ||||||
10 | render to the treasurer of the foreign fire insurance board or | ||||||
11 | secretary of the fire
protection district, on or before the | ||||||
12 | fifteenth day of July of each year, a
full and true account, | ||||||
13 | verified by his oath, of all of the premiums which,
during the | ||||||
14 | year ending on the first day of July preceding the report, were
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15 | received by him, or by any other person for him on behalf of | ||||||
16 | that
corporation, company, or association. He shall specify in | ||||||
17 | this report the
amounts received for fire insurance, and he | ||||||
18 | shall pay to the treasurer of
the foreign fire insurance | ||||||
19 | board, or to the secretary of the fire protection district, at
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20 | the time of rendering this report, the amount as determined by | ||||||
21 | the rate
fixed by this subsection by the ordinance of the | ||||||
22 | municipality or fire protection district for
which his | ||||||
23 | corporation, company, or association is accountable under this
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24 | section and the ordinance .
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25 | If this account is not rendered on or before the fifteenth | ||||||
26 | day of July
of each year, or if the sum due remains unpaid |
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1 | after that day, it shall be
unlawful for any corporation, | ||||||
2 | company, or association, so in default, to
transact any | ||||||
3 | business in the municipality or fire protection district until
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4 | the sum due has been fully paid. But this provision shall not | ||||||
5 | relieve any
corporation, company, or association from the | ||||||
6 | payment of any loss upon any
risk that may be taken in | ||||||
7 | violation of this requirement.
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8 | The amount of this tax or license fee may be recovered from | ||||||
9 | the
corporation, company, or association which owes it, or | ||||||
10 | from its agent, by
an action brought by a foreign fire | ||||||
11 | insurance board in the name and for the use of the municipality | ||||||
12 | or fire
protection district as for money had and received .
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13 | The foreign fire insurance board municipal comptroller, if | ||||||
14 | any, and if not, then the municipal clerk
or the secretary of | ||||||
15 | the fire protection district, or their designee, may examine | ||||||
16 | the books,
records, and other papers and documents of a | ||||||
17 | designated agent, corporation,
company, or association for the | ||||||
18 | purpose of verifying the correctness of the
report of the | ||||||
19 | amounts received for fire insurance.
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20 | This subsection section shall not be applicable to | ||||||
21 | receipts from contracts of
marine insurance, even though they | ||||||
22 | include insurance against fire, where
the premium for the fire | ||||||
23 | insurance is not separately specified. | ||||||
24 | (b) A foreign fire insurance board aggrieved by a | ||||||
25 | violation of this Section may file suit in the Circuit Court in | ||||||
26 | the county where the alleged violation occurred. |
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1 | (c) The regulation of foreign fire insurance boards and | ||||||
2 | their taxes or license fees are exclusive powers and functions | ||||||
3 | of the State. A home rule municipality may not regulate | ||||||
4 | foreign fire insurance boards and their taxes or license fees. | ||||||
5 | This Section is a denial and limitation of home rule powers and | ||||||
6 | functions under subsection (h) of Section 6 of Article VII of | ||||||
7 | the Illinois Constitution.
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8 | (Source: P.A. 95-807, eff. 8-12-08.)
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9 | (65 ILCS 5/11-10-2) (from Ch. 24, par. 11-10-2)
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10 | Sec. 11-10-2. (a) A department foreign fire insurance | ||||||
11 | board shall be created by and among the sworn members of within | ||||||
12 | the fire department of each municipality with fewer than | ||||||
13 | 500,000 inhabitants that has an organized fire department. The | ||||||
14 | board shall consist of 7 trustees; the fire chief, who shall | ||||||
15 | hold office by virtue of rank, and 6 members, who shall be | ||||||
16 | elected at large by the sworn members of the department. If | ||||||
17 | there is an insufficient number of candidates to fill all | ||||||
18 | these positions, the number of board members may be reduced, | ||||||
19 | but not to fewer than 3 trustees. All members of the department | ||||||
20 | shall be eligible to be elected as
officers of the department | ||||||
21 | foreign fire insurance board. The members of this board shall | ||||||
22 | annually elect officers. These officers
shall be a chairman | ||||||
23 | and a treasurer. The trustees of the department foreign fire | ||||||
24 | insurance board shall make all needful rules and
regulations | ||||||
25 | with respect to the department foreign fire insurance board |
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1 | and
the management of the money to be paid appropriated to the | ||||||
2 | board. The department foreign fire insurance board may | ||||||
3 | establish, manage, and maintain an account for the holding and | ||||||
4 | expenditure of all funds paid to the board. The department | ||||||
5 | foreign fire insurance board may contract for the purchase of | ||||||
6 | goods and services. The department foreign fire insurance | ||||||
7 | board may sue all parties necessary to enforce its rights | ||||||
8 | under this Section. The officers of the department foreign | ||||||
9 | fire insurance board
shall develop and maintain a listing of | ||||||
10 | those items that the board feels are
appropriate
expenditures | ||||||
11 | under this Act. The treasurer of the department foreign
fire | ||||||
12 | insurance board shall give a sufficient bond to the | ||||||
13 | municipality
in which the fire department is organized. This | ||||||
14 | bond shall be approved by
the mayor or president, as the case | ||||||
15 | may be, conditioned upon the faithful
performance by the | ||||||
16 | treasurer of his or her duties under the ordinance and
the | ||||||
17 | rules and regulations provided for in this section. The | ||||||
18 | treasurer
of the department foreign fire insurance board shall | ||||||
19 | receive the
appropriated money and shall pay out the money | ||||||
20 | upon the
order of the department foreign fire insurance board | ||||||
21 | for the
maintenance, use, and benefit of the department.
As | ||||||
22 | part of the annual municipal audit, these funds shall be | ||||||
23 | audited to verify
that the funds have been expended by that | ||||||
24 | board only for the maintenance, use, and benefit of the
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25 | department.
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26 | (b) As used in this subsection, "active member" means a |
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1 | member of the Chicago Fire Department who is not receiving a | ||||||
2 | disability pension, retired, or a deferred pensioner of the | ||||||
3 | Firemen's Annuity and Benefit Fund of Chicago. | ||||||
4 | A department foreign fire insurance board is created | ||||||
5 | within the Chicago Fire Department. The board shall consist of | ||||||
6 | 7 trustees who shall be initially elected on or before January | ||||||
7 | 1, 2019: the fire commissioner, who shall hold office by | ||||||
8 | virtue of rank, and 6 elected trustees, who shall be elected at | ||||||
9 | large by the sworn members of the department. If there is an | ||||||
10 | insufficient number of candidates seeking election to each | ||||||
11 | vacant trustee position, the number of board members is | ||||||
12 | reduced to 5 trustees, including the fire commissioner of the | ||||||
13 | department, until the next election cycle when there are | ||||||
14 | enough active members seeking election to fill all 7 member | ||||||
15 | seats. All active members are eligible to be elected as | ||||||
16 | trustees of the department foreign fire insurance board. Of | ||||||
17 | the trustees first elected, 3 trustees shall be elected to a | ||||||
18 | 2-year term and 3 trustees shall be elected to a 3-year term. | ||||||
19 | After the initial election, a trustee shall be elected for a | ||||||
20 | term of 3 years. If a member of the board resigns, is removed, | ||||||
21 | or is unable to continue serving on the board, the vacancy | ||||||
22 | shall be filled by special election of the active members or, | ||||||
23 | in the case of a vacancy that will exist for fewer than 180 | ||||||
24 | days until the term expires, by appointment by majority vote | ||||||
25 | of the members of the board. | ||||||
26 | The members of the board shall annually elect officers. |
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1 | These officers shall be a chairman, treasurer, and secretary. | ||||||
2 | The trustees of the board shall make rules and regulations | ||||||
3 | with respect to the board and the management of the money | ||||||
4 | appropriated to the board. The officers of the board shall | ||||||
5 | develop and maintain a listing of those items that the board | ||||||
6 | believes are appropriate expenditures under this subsection. | ||||||
7 | The treasurer of the board shall give a sufficient bond to the | ||||||
8 | City of Chicago. The cost of the bond shall be paid out of the | ||||||
9 | moneys in the board's fund. The bond shall be conditioned upon | ||||||
10 | the faithful performance by the treasurer of his or her duties | ||||||
11 | under the rules and regulations provided for in this | ||||||
12 | subsection. The treasurer of the board shall receive the | ||||||
13 | appropriated proceeds and shall disburse the proceeds upon the | ||||||
14 | order of the board for the maintenance, use, and benefit of the | ||||||
15 | department consistent with this subsection. As part of the | ||||||
16 | annual municipal audit, these funds shall be audited to verify | ||||||
17 | that the funds have been expended lawfully by the board | ||||||
18 | consistent with this subsection. | ||||||
19 | Within 30 days after receipt of any foreign fire insurance | ||||||
20 | proceeds by the City of Chicago, the City of Chicago shall | ||||||
21 | transfer the proceeds to the board by depositing the proceeds | ||||||
22 | into an account determined by the board, except that if the | ||||||
23 | effective date of this amendatory Act of the 100th General | ||||||
24 | Assembly is after July 31, 2018, then the City of Chicago | ||||||
25 | shall, for budget year 2019 only, transfer only 50% of the | ||||||
26 | proceeds to the board. Notwithstanding any other provision of |
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1 | law: 50% of the foreign fire insurance proceeds received by | ||||||
2 | the board shall be used for the maintenance, use, benefit, or | ||||||
3 | enhancement of fire stations or training facilities used by | ||||||
4 | the active members of the fire department; 25% of the foreign | ||||||
5 | fire insurance proceeds received by the board shall be used | ||||||
6 | for the maintenance, use, benefit, or enhancement of emergency | ||||||
7 | response vehicles, tools, and equipment used by the active | ||||||
8 | members of the department; and 25% of the foreign fire | ||||||
9 | insurance proceeds received by the board shall be used for the | ||||||
10 | maintenance and enhancement of the department and for the use | ||||||
11 | and benefit of the active members of the department in a manner | ||||||
12 | otherwise consistent with this subsection. Foreign fire | ||||||
13 | insurance proceeds may not be used to purchase, maintain, or | ||||||
14 | enhance personal property of a member of the department, | ||||||
15 | except for personal property used in the performance of his or | ||||||
16 | her duties or training activities. | ||||||
17 | (c) The provisions of this Section shall be the exclusive | ||||||
18 | power of the
State, pursuant to subsection (h) of Section 6 of | ||||||
19 | Article VII of the
Constitution.
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20 | (Source: P.A. 100-656, eff. 7-31-18.)
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21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.
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