Full Text of HB0828 101st General Assembly
HB0828 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB0828 Introduced , by Rep. Robert Martwick SYNOPSIS AS INTRODUCED: |
| 65 ILCS 5/11-10-1 | from Ch. 24, par. 11-10-1 |
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Amends the Illinois Municipal Code. Provides that an entity that collects a tax or license fee rendered to the treasurer of the foreign fire insurance board or a fire protection district secretary must publish to its website by August 1 of each year certain information regarding the taxes and fees from the previous year. Prohibits an entity from charging an administrative fee in excess of 1% of the gross amount collected in each municipality or fire protection district.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB0828 | | LRB101 05109 AWJ 50120 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing Section 11-10-1 as follows:
| 6 | | (65 ILCS 5/11-10-1) (from Ch. 24, par. 11-10-1)
| 7 | | Sec. 11-10-1. 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 | 17 | | thereof, a sum not exceeding 2% of the gross receipts received
| 18 | | from fire insurance upon property situated within the | 19 | | municipality or
district.
| 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.
| 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
| 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.
| 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
| 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.
| 8 | | Any entity that maintains a website and that is charged | 9 | | with the collection of a tax or license fee and the rendering | 10 | | of the tax or license fee to the treasurer of the foreign fire | 11 | | insurance board or fire protection district secretary must | 12 | | publish to its website by the first day of August of each year | 13 | | the following information for the year ending on the preceding | 14 | | first day of July: | 15 | | (1) the total amount of the tax or license fee | 16 | | collected on behalf of each municipal fire department or | 17 | | fire protection district; | 18 | | (2) the total administrative fees, if any, charged to | 19 | | each municipal fire department or fire protection | 20 | | district; | 21 | | (3) the aggregate amount of taxes or license fees | 22 | | collected on behalf of all municipal fire departments or | 23 | | fire protection districts; and | 24 | | (4) the aggregate amount of administrative fees, if | 25 | | any, charged to all municipal fire departments or fire | 26 | | protection districts. |
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| 1 | | Any entity charged with the collection of the tax or | 2 | | license fee and the rendering of the tax or license fee to the | 3 | | treasurer of the foreign fire insurance board or fire | 4 | | protection district secretary shall not charge an | 5 | | administrative fee in excess of 1% of the gross amount | 6 | | collected in each municipal fire department or each fire | 7 | | protection district. | 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.
| 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
| 18 | | report of the amounts received for fire insurance.
| 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.
| 23 | | (Source: P.A. 95-807, eff. 8-12-08.)
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