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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3295 Introduced 2/24/2011, by Rep. Donald L. Moffitt SYNOPSIS AS INTRODUCED:
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65 ILCS 5/11-10-1 | from Ch. 24, par. 11-10-1 |
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Amends the Illinois Municipal Code. Makes a technical change in a Section concerning foreign fire insurance company fees.
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| | A BILL FOR |
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| | HB3295 | | LRB097 07143 KMW 47245 b |
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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 Section 11-10-1 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. In 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 not exceeding 2% of the gross receipts received
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| 18 | | 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,
upon the amount of all |
| 2 | | premiums which have been received during the year
ending on |
| 3 | | every first day of July for all fire insurance effected or |
| 4 | | agreed
to be effected on property situated within the |
| 5 | | municipality or fire
protection district, by that corporation, |
| 6 | | company, or association
respectively.
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| 7 | | Every person who acts in any specified municipality or fire |
| 8 | | protection
district as agent, or otherwise, on behalf of a |
| 9 | | designated corporation,
company, or association, shall render |
| 10 | | 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 board, |
| 19 | | or to the secretary of the fire protection district, at
the |
| 20 | | time of rendering this report, the amount as determined by the |
| 21 | | rate
fixed by the ordinance of the municipality or fire |
| 22 | | protection district for
which his corporation, company, or |
| 23 | | association is accountable under this
section and the |
| 24 | | 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 from |
| 10 | | its agent, by
an action in the name and for the use of the |
| 11 | | municipality or fire
protection district as for money had and |
| 12 | | received.
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| 13 | | The municipal comptroller, if any, and if not, then the |
| 14 | | municipal clerk
or the secretary of the fire protection |
| 15 | | district, may examine the books,
records, and other papers and |
| 16 | | documents of a designated agent, corporation,
company, or |
| 17 | | association for the purpose of verifying the correctness of the
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| 18 | | report of the amounts received for fire insurance.
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| 19 | | This section shall not be applicable to receipts from |
| 20 | | contracts of
marine insurance, even though they include |
| 21 | | insurance against fire, where
the premium for the fire |
| 22 | | insurance is not separately specified.
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| 23 | | (Source: P.A. 95-807, eff. 8-12-08.)
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