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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 Sections 11-10-1 and 11-10-2 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 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 treasurer of the municipality or to the secretary of the | ||||||
16 | fire
protection district for the maintenance, use, and benefit | ||||||
17 | of the fire
department thereof, a sum not exceeding 2% of the | ||||||
18 | gross receipts received
from fire insurance upon property | ||||||
19 | situated within the 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 municipal | ||||||
11 | comptroller, if
there is one, or if not to the municipal clerk | ||||||
12 | or secretary of the fire
protection district, on or before the | ||||||
13 | fifteenth day of July of each year, a
full and true account, | ||||||
14 | verified by his oath, of all of the premiums which,
during the | ||||||
15 | year ending on the first day of July preceding the report, were
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16 | received by him, or by any other person for him on behalf of | ||||||
17 | that
corporation, company, or association. He shall specify in | ||||||
18 | this report the
amounts received for fire insurance, and he | ||||||
19 | shall pay to the treasurer of
the foreign fire insurance board | ||||||
20 | municipality , or to the secretary of the fire protection | ||||||
21 | district, at
the time of rendering this report, the amount as | ||||||
22 | determined by the rate
fixed by the ordinance of the | ||||||
23 | municipality or fire protection district for
which his | ||||||
24 | corporation, company, or association is accountable under this
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25 | section and the ordinance.
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26 | If this account is not rendered on or before the fifteenth |
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1 | day of July
of each year, or if the sum due remains unpaid | ||||||
2 | after that day, it shall be
unlawful for any corporation, | ||||||
3 | company, or association, so in default, to
transact any | ||||||
4 | business in the municipality or fire protection district until
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5 | the sum due has been fully paid. But this provision shall not | ||||||
6 | relieve any
corporation, company, or association from the | ||||||
7 | payment of any loss upon any
risk that may be taken in | ||||||
8 | violation of this requirement.
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9 | The amount of this tax or license fee may be recovered from | ||||||
10 | the
corporation, company, or association which owes it, or from | ||||||
11 | its agent, by
an action in the name and for the use of the | ||||||
12 | municipality or fire
protection district as for money had and | ||||||
13 | received.
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14 | The municipal comptroller, if any, and if not, then the | ||||||
15 | municipal clerk
or the secretary of the fire protection | ||||||
16 | district, may examine the books,
records, and other papers and | ||||||
17 | documents of a designated agent, corporation,
company, or | ||||||
18 | association for the purpose of verifying the correctness of the
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19 | report of the amounts received for fire insurance.
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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.
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24 | (Source: Laws 1961, p. 576.)
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25 | (65 ILCS 5/11-10-2) (from Ch. 24, par. 11-10-2)
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1 | Sec. 11-10-2. The corporate authorities of any | ||||||
2 | municipality containing
less than 250,000 inhabitants which | ||||||
3 | has an organized fire department shall
pass an ordinance | ||||||
4 | providing for the election of officers of the
department | ||||||
5 | foreign fire insurance board by the members of the
department. | ||||||
6 | All members of the department shall be eligible to be elected | ||||||
7 | as
officers of the department foreign fire insurance board. | ||||||
8 | These officers
shall include a treasurer, and they shall make | ||||||
9 | all needful rules and
regulations with respect to the | ||||||
10 | department foreign fire insurance board and
the management of | ||||||
11 | the money to be appropriated to the board. The officers of the | ||||||
12 | department foreign fire insurance board
shall develop and | ||||||
13 | maintain a listing of those items that the board feels are
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14 | appropriate
expenditures under this Act. All of the money paid | ||||||
15 | to the municipal treasurer
as provided in Section 11-10-1 shall | ||||||
16 | be set apart and shall be appropriated
annually by the | ||||||
17 | corporate authorities to the department foreign fire insurance
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18 | board. The treasurer of the department foreign
fire insurance | ||||||
19 | board shall give a sufficient bond to the municipality
in which | ||||||
20 | the fire department is organized. This bond shall be approved | ||||||
21 | by
the mayor or president, as the case may be, conditioned upon | ||||||
22 | the faithful
performance by the treasurer of his or her duties | ||||||
23 | under the ordinance and
the rules and regulations provided for | ||||||
24 | in this section. The treasurer
of the department foreign fire | ||||||
25 | insurance board shall receive the
appropriated money and shall | ||||||
26 | pay out the money upon the
order of the department foreign fire |
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1 | insurance board for the
maintenance, use, and benefit of the | ||||||
2 | department.
As part of the annual municipal audit, these funds | ||||||
3 | shall be audited to verify
that these purchases are for the | ||||||
4 | maintenance, use, and benefit of the
department.
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5 | The provisions of this Section shall be the exclusive power | ||||||
6 | of the
State, pursuant to subsection (h) of Section 6 of | ||||||
7 | Article VII of the
Constitution.
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8 | (Source: P.A. 89-63, eff. 6-30-95.)
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9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.
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