HB4702ham001 98TH GENERAL ASSEMBLY

Rep. Robert F. Martwick

Filed: 3/4/2014

09800HB4702ham001 LRB098 18651 JLK 55397 a

AMENDMENT TO HOUSE BILL 4702

AMENDMENT NO. ______. Amend House Bill 4702 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Municipal Code is amended by changing Section 11-10-1 as follows:

(65 ILCS 5/11-10-1) (from Ch. 24, par. 11-10-1)

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 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 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.

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.

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 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 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, 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 section and the ordinance.

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 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.

Any entity that maintains a website and that is charged with the collection of a tax or license fee and the rendering of the tax or license fee to the treasurer of the foreign fire insurance board or fire protection district secretary must publish to its website by the first day of August of each year the following information for the year ending on the preceding first day of July:

(1) the total amount of the tax or license fee collected on behalf of each municipal fire department or fire protection district;

(2) the total administrative fees, if any, charged to each municipal fire department or fire protection district;

(3) the aggregate amount of taxes or license fees collected on behalf of all municipal fire departments or fire protection districts; and

(4) the aggregate amount of administrative fees, if any, charged to each municipal fire department or fire protection district.

Any entity charged with the collection of the tax or license fee and the rendering of the tax or license fee to the treasurer of the foreign fire insurance board or fire protection district secretary shall not charge an administrative fee in excess of 1% of the gross amount collected in each municipal fire department or each fire protection district.

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.

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 report of the amounts received for fire insurance.

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.

(Source: P.A. 95-807, eff. 8-12-08.)".