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| Public Act 095-0807 |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Municipal Code is amended by | ||||
changing Sections 11-10-1 and 11-10-2 as follows:
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(65 ILCS 5/11-10-1) (from Ch. 24, par. 11-10-1)
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Sec. 11-10-1. In each municipality or fire protection | ||||
district, whether
incorporated under a general or special law, | ||||
which has a fire department
established and maintained by | ||||
municipal or fire protection district
ordinances, every | ||||
corporation, company, and association which is not
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incorporated under the laws of this state and which is engaged | ||||
in effecting
fire insurance in the municipality or fire | ||||
protection district, shall pay
to the foreign fire insurance | ||||
board treasurer of the municipality or to the secretary of the | ||||
fire
protection district for the maintenance, use, and benefit | ||||
of the fire
department thereof, a sum not exceeding 2% of the | ||||
gross receipts received
from fire insurance upon property | ||||
situated within the municipality or
district.
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Each municipality and fire protection district may | ||||
prescribe by
ordinance the rate of the tax or license fee to be | ||||
paid, but this rate
shall not exceed the rate specified in this | ||||
section. Each designated
corporation, company, and association | ||||
shall pay at the rate so prescribed,
upon the amount of all | ||
premiums which have been received during the year
ending on | ||
every first day of July for all fire insurance effected or | ||
agreed
to be effected on property situated within the | ||
municipality or fire
protection district, by that corporation, | ||
company, or association
respectively.
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Every person who acts in any specified municipality or fire | ||
protection
district as agent, or otherwise, on behalf of a | ||
designated corporation,
company, or association, shall render | ||
to the treasurer of the foreign fire insurance board municipal | ||
comptroller, if
there is one, or if not to the municipal clerk | ||
or secretary of the fire
protection district, on or before the | ||
fifteenth day of July of each year, a
full and true account, | ||
verified by his oath, of all of the premiums which,
during the | ||
year ending on the first day of July preceding the report, were
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received by him, or by any other person for him on behalf of | ||
that
corporation, company, or association. He shall specify in | ||
this report the
amounts received for fire insurance, and he | ||
shall pay to the treasurer of
the foreign fire insurance board | ||
municipality, or to the secretary of the fire protection | ||
district, at
the time of rendering this report, the amount as | ||
determined by the rate
fixed by the ordinance of the | ||
municipality or fire protection district for
which his | ||
corporation, company, or association is accountable under this
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section and the ordinance.
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If this account is not rendered on or before the fifteenth | ||
day of July
of each year, or if the sum due remains unpaid | ||
after that day, it shall be
unlawful for any corporation, | ||
company, or association, so in default, to
transact any | ||
business in the municipality or fire protection district until
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the sum due has been fully paid. But this provision shall not | ||
relieve any
corporation, company, or association from the | ||
payment of any loss upon any
risk that may be taken in | ||
violation of this requirement.
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The amount of this tax or license fee may be recovered from | ||
the
corporation, company, or association which owes it, or from | ||
its agent, by
an action in the name and for the use of the | ||
municipality or fire
protection district as for money had and | ||
received.
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The municipal comptroller, if any, and if not, then the | ||
municipal clerk
or the secretary of the fire protection | ||
district, may examine the books,
records, and other papers and | ||
documents of a designated agent, corporation,
company, or | ||
association for the purpose of verifying the correctness of the
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report of the amounts received for fire insurance.
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This section shall not be applicable to receipts from | ||
contracts of
marine insurance, even though they include | ||
insurance against fire, where
the premium for the fire | ||
insurance is not separately specified.
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(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-10-2) (from Ch. 24, par. 11-10-2)
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Sec. 11-10-2. The corporate authorities of any | ||
municipality containing
less than 250,000 inhabitants which | ||
has an organized fire department shall
pass an ordinance | ||
providing for the election of officers of the
department | ||
foreign fire insurance board by the members of the
department. | ||
All members of the department shall be eligible to be elected | ||
as
officers of the department foreign fire insurance board. | ||
These officers
shall include a treasurer, and they shall make | ||
all needful rules and
regulations with respect to the | ||
department foreign fire insurance board and
the management of | ||
the money to be appropriated to the board. The officers of the | ||
department foreign fire insurance board
shall develop and | ||
maintain a listing of those items that the board feels are
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appropriate
expenditures under this Act. All of the money paid | ||
to the municipal treasurer
as provided in Section 11-10-1 shall | ||
be set apart and shall be appropriated
annually by the | ||
corporate authorities to the department foreign fire insurance
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board. The treasurer of the department foreign
fire insurance | ||
board shall give a sufficient bond to the municipality
in which | ||
the fire department is organized. This bond shall be approved | ||
by
the mayor or president, as the case may be, conditioned upon | ||
the faithful
performance by the treasurer of his or her duties | ||
under the ordinance and
the rules and regulations provided for | ||
in this section. The treasurer
of the department foreign fire | ||
insurance board shall receive the
appropriated money and shall | ||
pay out the money upon the
order of the department foreign fire | ||
insurance board for the
maintenance, use, and benefit of the | ||
department.
As part of the annual municipal audit, these funds | ||
shall be audited to verify
that these purchases are for the | ||
maintenance, use, and benefit of the
department.
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The provisions of this Section shall be the exclusive power | ||
of the
State, pursuant to subsection (h) of Section 6 of | ||
Article VII of the
Constitution.
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(Source: P.A. 89-63, eff. 6-30-95.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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