Illinois General Assembly - Full Text of HB0628
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Full Text of HB0628  100th General Assembly




State of Illinois
2017 and 2018


Introduced , by Rep. Robert Martwick


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

    Amends the Illinois Municipal Code. Provides that an entity that collects a foreign fire insurance tax or license fee rendered to the fire department of a municipality or a fire protection district shall post to its website by August 1 certain information from the previous year. Prohibits an entity from charging an administrative fee that exceeds 1% of the gross amount collected in each municipality or fire protection district.

LRB100 07820 AWJ 17887 b






HB0628LRB100 07820 AWJ 17887 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Municipal Code is amended by
5changing 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
8district, whether incorporated under a general or special law,
9which has a fire department established and maintained by
10municipal or fire protection district ordinances, every
11corporation, company, and association which is not
12incorporated under the laws of this state and which is engaged
13in effecting fire insurance in the municipality or fire
14protection district, shall pay to the foreign fire insurance
15board or to the secretary of the fire protection district for
16the maintenance, use, and benefit of the fire department
17thereof, a sum not exceeding 2% of the gross receipts received
18from fire insurance upon property situated within the
19municipality or district.
20    Each municipality and fire protection district may
21prescribe by ordinance the rate of the tax or license fee to be
22paid, but this rate shall not exceed the rate specified in this
23section. Each designated corporation, company, and association



HB0628- 2 -LRB100 07820 AWJ 17887 b

1shall pay at the rate so prescribed, upon the amount of all
2premiums which have been received during the year ending on
3every first day of July for all fire insurance effected or
4agreed to be effected on property situated within the
5municipality or fire protection district, by that corporation,
6company, or association respectively.
7    Every person who acts in any specified municipality or fire
8protection district as agent, or otherwise, on behalf of a
9designated corporation, company, or association, shall render
10to the treasurer of the foreign fire insurance board or
11secretary of the fire protection district, on or before the
12fifteenth day of July of each year, a full and true account,
13verified by his oath, of all of the premiums which, during the
14year ending on the first day of July preceding the report, were
15received by him, or by any other person for him on behalf of
16that corporation, company, or association. He shall specify in
17this report the amounts received for fire insurance, and he
18shall pay to the treasurer of the foreign fire insurance board,
19or to the secretary of the fire protection district, at the
20time of rendering this report, the amount as determined by the
21rate fixed by the ordinance of the municipality or fire
22protection district for which his corporation, company, or
23association is accountable under this section and the
25    If this account is not rendered on or before the fifteenth
26day of July of each year, or if the sum due remains unpaid



HB0628- 3 -LRB100 07820 AWJ 17887 b

1after that day, it shall be unlawful for any corporation,
2company, or association, so in default, to transact any
3business in the municipality or fire protection district until
4the sum due has been fully paid. But this provision shall not
5relieve any corporation, company, or association from the
6payment of any loss upon any risk that may be taken in
7violation of this requirement.
8    Any entity that maintains a website and that is charged
9with the collection of a tax or license fee and the rendering
10of the tax or license fee to the treasurer of the foreign fire
11insurance board or fire protection district secretary must
12publish to its website by the first day of August of each year
13the following information for the year ending on the preceding
14first 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.



HB0628- 4 -LRB100 07820 AWJ 17887 b

1    Any entity charged with the collection of the tax or
2license fee and the rendering of the tax or license fee to the
3treasurer of the foreign fire insurance board or fire
4protection district secretary shall not charge an
5administrative fee in excess of 1% of the gross amount
6collected in each municipal fire department or each fire
7protection district.
8    The amount of this tax or license fee may be recovered from
9the corporation, company, or association which owes it, or from
10its agent, by an action in the name and for the use of the
11municipality or fire protection district as for money had and
13    The municipal comptroller, if any, and if not, then the
14municipal clerk or the secretary of the fire protection
15district, may examine the books, records, and other papers and
16documents of a designated agent, corporation, company, or
17association for the purpose of verifying the correctness of the
18report of the amounts received for fire insurance.
19    This section shall not be applicable to receipts from
20contracts of marine insurance, even though they include
21insurance against fire, where the premium for the fire
22insurance is not separately specified.
23(Source: P.A. 95-807, eff. 8-12-08.)