Full Text of HB0850 101st General Assembly
HB0850ham001 101ST GENERAL ASSEMBLY | Rep. Robert Martwick Filed: 3/27/2019
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| 1 | | AMENDMENT TO HOUSE BILL 850
| 2 | | AMENDMENT NO. ______. Amend House Bill 850 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Municipal Code is amended by | 5 | | changing Sections 11-10-1 and 11-10-2 as follows:
| 6 | | (65 ILCS 5/11-10-1) (from Ch. 24, par. 11-10-1)
| 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
| 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 |
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| 1 | | thereof, a sum of not exceeding 2% of the gross receipts | 2 | | received
from fire insurance upon property situated within the | 3 | | municipality or
district.
| 4 | | Each municipality and fire protection district may | 5 | | prescribe by
ordinance the rate of the tax or license fee to be | 6 | | paid, but this rate
shall not exceed the rate specified in this | 7 | | section. Each designated
corporation, company, and association | 8 | | shall pay at the rate so prescribed by this Section ,
upon the | 9 | | amount of all premiums which have been received during the year
| 10 | | ending on every first day of July for all fire insurance | 11 | | effected or agreed
to be effected on property situated within | 12 | | the municipality or fire
protection district , by that | 13 | | corporation, company, or association
respectively.
| 14 | | Every person who acts in any specified municipality or fire | 15 | | protection
district as agent, or otherwise, on behalf of a | 16 | | designated corporation,
company, or association, shall render | 17 | | to the treasurer of the foreign fire insurance board or | 18 | | secretary of the fire
protection district, on or before the | 19 | | fifteenth day of July of each year, a
full and true account, | 20 | | verified by his oath, of all of the premiums which,
during the | 21 | | year ending on the first day of July preceding the report, were
| 22 | | received by him, or by any other person for him on behalf of | 23 | | that
corporation, company, or association. He shall specify in | 24 | | this report the
amounts received for fire insurance, and he | 25 | | shall pay to the treasurer of
the foreign fire insurance board, | 26 | | or to the secretary of the fire protection district, at
the |
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| 1 | | time of rendering this report, the amount as determined by the | 2 | | rate
fixed by this Section the ordinance of the municipality or | 3 | | fire protection district for
which his corporation, company, or | 4 | | association is accountable under this
section and the | 5 | | ordinance .
| 6 | | If this account is not rendered on or before the fifteenth | 7 | | day of July
of each year, or if the sum due remains unpaid | 8 | | after that day, it shall be
unlawful for any corporation, | 9 | | company, or association, so in default, to
transact any | 10 | | business in the municipality or fire protection district until
| 11 | | the sum due has been fully paid. But this provision shall not | 12 | | relieve any
corporation, company, or association from the | 13 | | payment of any loss upon any
risk that may be taken in | 14 | | violation of this requirement.
| 15 | | Any entity that maintains a website and that is charged | 16 | | with the collection of a tax or license fee and the rendering | 17 | | of the tax or license fee to the treasurer of the foreign fire | 18 | | insurance board or fire protection district secretary must | 19 | | publish on its website by the first day of August of each year | 20 | | the following information for the year ending on the preceding | 21 | | first day of July: | 22 | | (1) the total amount of the tax or license fee | 23 | | collected on behalf of each municipal fire department or | 24 | | fire protection district; | 25 | | (2) the total administrative fees, if any, charged to | 26 | | each municipal fire department or fire protection |
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| 1 | | district; | 2 | | (3) the aggregate amount of taxes or license fees | 3 | | collected on behalf of all municipal fire departments or | 4 | | fire protection districts; and | 5 | | (4) the aggregate amount of administrative fees, if | 6 | | any, charged to all municipal fire departments or fire | 7 | | protection districts. | 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 brought by a foreign fire insurance | 11 | | board in the name and for the use of the municipality or fire
| 12 | | protection district as for money had and received .
| 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 his or her designee , may | 16 | | examine 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.
| 20 | | This section shall not be applicable to receipts from | 21 | | contracts of
marine insurance, even though they include | 22 | | insurance against fire, where
the premium for the fire | 23 | | insurance is not separately specified.
| 24 | | (b) Any foreign fire insurance board or fire protection | 25 | | district aggrieved by a violation of this Section may file suit | 26 | | in the circuit court of the county where the alleged violation |
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| 1 | | occurred. | 2 | | (c) The regulation of the collection or rendering or | 3 | | payment of taxes or license fees to a foreign fire insurance | 4 | | board or secretary of a fire protection district for the | 5 | | maintenance, use, or benefit of the fire department provided | 6 | | for in subsection (a) is an exclusive power and function of the | 7 | | State. A home rule municipality may not regulate the collection | 8 | | or rendering or payment of taxes or license fees to a foreign | 9 | | fire insurance board or secretary of a fire protection district | 10 | | for the maintenance, use, or benefit of the fire department. | 11 | | This Section is a denial and limitation of home rule powers and | 12 | | functions under subsection (h) of Section 6 of Article VII of | 13 | | the Illinois Constitution. | 14 | | (Source: P.A. 95-807, eff. 8-12-08.)
| 15 | | (65 ILCS 5/11-10-2) (from Ch. 24, par. 11-10-2)
| 16 | | Sec. 11-10-2. (a) A department foreign fire insurance board | 17 | | shall be created by and among the sworn members of within the | 18 | | fire department of each municipality with fewer than 500,000 | 19 | | inhabitants that has an organized fire department. The board | 20 | | shall consist of 7 trustees; the fire chief, who shall hold | 21 | | office by virtue of rank, and 6 members, who shall be elected | 22 | | at large by the sworn members of the department. If there is an | 23 | | insufficient number of candidates to fill all these positions, | 24 | | the number of board members may be reduced, but not to fewer | 25 | | than 3 trustees. All members of the department shall be |
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| 1 | | eligible to be elected as
officers of the department foreign | 2 | | fire insurance board. The members of this board shall annually | 3 | | elect officers. These officers
shall be a chairman and a | 4 | | treasurer. The trustees of the department foreign fire | 5 | | insurance board shall make all needful rules and
regulations | 6 | | with respect to the department foreign fire insurance board and
| 7 | | the management of the money to be paid appropriated to the | 8 | | board. The foreign fire insurance board has the right to: | 9 | | establish, manage, and maintain an account for the holding and | 10 | | expenditure of all funds paid to the board; contract for the | 11 | | purchase of goods and services; and sue all parties necessary | 12 | | to enforce its rights under this Section and Section 11-10-2. | 13 | | The officers of the department foreign fire insurance board
| 14 | | shall develop and maintain a listing of those items that the | 15 | | board feels are
appropriate
expenditures under this Act. The | 16 | | treasurer of the department foreign
fire insurance board shall | 17 | | give a sufficient bond to the municipality
in which the fire | 18 | | department is organized. This bond shall be approved by
the | 19 | | mayor or president, as the case may be, conditioned upon the | 20 | | faithful
performance by the treasurer of his or her duties | 21 | | under the ordinance and
the rules and regulations provided for | 22 | | in this section. The treasurer
of the department foreign fire | 23 | | insurance board shall receive the
appropriated money and shall | 24 | | pay out the money upon the
order of the department foreign fire | 25 | | insurance board for the
maintenance, use, and benefit of the | 26 | | department.
As part of the annual municipal audit, these funds |
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| 1 | | shall be audited to verify
that the funds have been expended by | 2 | | that board only for the maintenance, use, and benefit of the
| 3 | | department.
| 4 | | (b) As used in this subsection, "active member" means a | 5 | | member of the Chicago Fire Department who is not receiving a | 6 | | disability pension, retired, or a deferred pensioner of the | 7 | | Firemen's Annuity and Benefit Fund of Chicago. | 8 | | A department foreign fire insurance board is created within | 9 | | the Chicago Fire Department. The board shall consist of 7 | 10 | | trustees who shall be initially elected on or before January 1, | 11 | | 2019: the fire commissioner, who shall hold office by virtue of | 12 | | rank, and 6 elected trustees, who shall be elected at large by | 13 | | the sworn members of the department. If there is an | 14 | | insufficient number of candidates seeking election to each | 15 | | vacant trustee position, the number of board members is reduced | 16 | | to 5 trustees, including the fire commissioner of the | 17 | | department, until the next election cycle when there are enough | 18 | | active members seeking election to fill all 7 member seats. All | 19 | | active members are eligible to be elected as trustees of the | 20 | | department foreign fire insurance board. Of the trustees first | 21 | | elected, 3 trustees shall be elected to a 2-year term and 3 | 22 | | trustees shall be elected to a 3-year term. After the initial | 23 | | election, a trustee shall be elected for a term of 3 years. If | 24 | | a member of the board resigns, is removed, or is unable to | 25 | | continue serving on the board, the vacancy shall be filled by | 26 | | special election of the active members or, in the case of a |
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| 1 | | vacancy that will exist for fewer than 180 days until the term | 2 | | expires, by appointment by majority vote of the members of the | 3 | | board. | 4 | | The members of the board shall annually elect officers. | 5 | | These officers shall be a chairman, treasurer, and secretary. | 6 | | The trustees of the board shall make rules and regulations with | 7 | | respect to the board and the management of the money | 8 | | appropriated to the board. The officers of the board shall | 9 | | develop and maintain a listing of those items that the board | 10 | | believes are appropriate expenditures under this subsection. | 11 | | The treasurer of the board shall give a sufficient bond to the | 12 | | City of Chicago. The cost of the bond shall be paid out of the | 13 | | moneys in the board's fund. The bond shall be conditioned upon | 14 | | the faithful performance by the treasurer of his or her duties | 15 | | under the rules and regulations provided for in this | 16 | | subsection. The treasurer of the board shall receive the | 17 | | appropriated proceeds and shall disburse the proceeds upon the | 18 | | order of the board for the maintenance, use, and benefit of the | 19 | | department consistent with this subsection. As part of the | 20 | | annual municipal audit, these funds shall be audited to verify | 21 | | that the funds have been expended lawfully by the board | 22 | | consistent with this subsection. | 23 | | Within 30 days after receipt of any foreign fire insurance | 24 | | proceeds by the City of Chicago, the City of Chicago shall | 25 | | transfer the proceeds to the board by depositing the proceeds | 26 | | into an account determined by the board, except that if the |
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| 1 | | effective date of this amendatory Act of the 100th General | 2 | | Assembly is after July 31, 2018, then the City of Chicago | 3 | | shall, for budget year 2019 only, transfer only 50% of the | 4 | | proceeds to the board. Notwithstanding any other provision of | 5 | | law: 50% of the foreign fire insurance proceeds received by the | 6 | | board shall be used for the maintenance, use, benefit, or | 7 | | enhancement of fire stations or training facilities used by the | 8 | | active members of the fire department; 25% of the foreign fire | 9 | | insurance proceeds received by the board shall be used for the | 10 | | maintenance, use, benefit, or enhancement of emergency | 11 | | response vehicles, tools, and equipment used by the active | 12 | | members of the department; and 25% of the foreign fire | 13 | | insurance proceeds received by the board shall be used for the | 14 | | maintenance and enhancement of the department and for the use | 15 | | and benefit of the active members of the department in a manner | 16 | | otherwise consistent with this subsection. Foreign fire | 17 | | insurance proceeds may not be used to purchase, maintain, or | 18 | | enhance personal property of a member of the department, except | 19 | | for personal property used in the performance of his or her | 20 | | duties or training activities. | 21 | | (c) The provisions of this Section shall be the exclusive | 22 | | power of the
State, pursuant to subsection (h) of Section 6 of | 23 | | Article VII of the
Constitution.
| 24 | | (Source: P.A. 100-656, eff. 7-31-18.)".
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