Public Act 90-0317 of the 90th General Assembly

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Public Act 90-0317

SB591 Enrolled                                 LRB9002823LDdv

    AN ACT  to  amend  the  Title  Insurance  Act  by  adding
Sections 3.1 and 15.1.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Title Insurance Act is amended by  adding
Sections 3.1 and 15.1 as follows:

    (215 ILCS 155/3.1 new)
    Sec.  3.1.   Public  policy.   It  is  declared to be the
public policy of this State, pursuant to  subsection  (h)  of
Section  6  of  Article  VII  of the Illinois Constitution of
1970, that any power or function set forth in this Act to  be
exercised  by  the  State  is  an  exclusive  State  power or
function.  Such power or  function  shall  not  be  exercised
concurrently,  either  directly or indirectly, by any unit of
local  government,  including  home  rule  units,  except  as
otherwise provided in this Act.  The fees, charges, and taxes
provided for by this Act shall, as provided in  Section  15.1
of  this  Act, be in lieu of all license fees or privilege or
occupation taxes or other fees levied or assessed by any home
rule unit.

    (215 ILCS 155/15.1 new)
    Sec.  15.1.   No  taxes  to  be  imposed   by   political
subdivisions.   The  fees, charges, and taxes provided for by
this Act shall be in lieu of all license fees or privilege or
occupation taxes or other fees  levied  or  assessed  by  any
municipality,  county, or other political subdivision of this
State.   No  municipality,   county,   or   other   political
subdivision  of  this  State  shall impose any license fee or
privilege  or  occupation  tax  or  fee  upon  any  domestic,
foreign, or alien company, or upon any of its agents, for the
privilege of doing insurance business therein.  This  Section
shall not be construed to prohibit the levy and collection of
State,  county, or municipal taxes upon the real and personal
property  of  the  company,  including  the  tax  imposed  by
subsections (c) and (d) of Section 201 of the Illinois Income
Tax Act.  This Section 15.1 is declared to be  a  denial  and
limitation  of  the  powers  of  home  rule units pursuant to
paragraph (g) of Section 6 of Article  VII  of  the  Illinois
Constitution of 1970.

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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