Full Text of SB0928 99th General Assembly
SB0928sam001 99TH GENERAL ASSEMBLY | Sen. Neil Anderson Filed: 4/16/2015
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| 1 | | AMENDMENT TO SENATE BILL 928
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 928 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Municipal Code is amended by | 5 | | changing Sections 11-10-1 and 11-10-2 and by adding Section | 6 | | 11-10-4 as follows:
| 7 | | (65 ILCS 5/11-10-1) (from Ch. 24, par. 11-10-1)
| 8 | | Sec. 11-10-1. In each municipality or fire protection | 9 | | district, whether
incorporated under a general or special law, | 10 | | which utilizes fire protection services from a private | 11 | | not-for-profit corporation or has a fire department
| 12 | | established and maintained by municipal or fire protection | 13 | | district
ordinances, every corporation, company, and | 14 | | association which is not
incorporated under the laws of this | 15 | | state and which is engaged in effecting
fire insurance in the | 16 | | municipality or fire protection district, shall pay
to the |
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| 1 | | foreign fire insurance board or to the secretary of the fire
| 2 | | protection district for the maintenance, use, and benefit of | 3 | | the fire
department thereof, a sum not exceeding 2% of the | 4 | | gross receipts received
from fire insurance upon property | 5 | | situated within the municipality or
district.
| 6 | | Each municipality and fire protection district may | 7 | | prescribe by
ordinance the rate of the tax or license fee to be | 8 | | paid, but this rate
shall not exceed the rate specified in this | 9 | | section. Each designated
corporation, company, and association | 10 | | shall pay at the rate so prescribed,
upon the amount of all | 11 | | premiums which have been received during the year
ending on | 12 | | every first day of July for all fire insurance effected or | 13 | | agreed
to be effected on property situated within the | 14 | | municipality or fire
protection district, by that corporation, | 15 | | company, or association
respectively.
| 16 | | Every person who acts in any specified municipality or fire | 17 | | protection
district as agent, or otherwise, on behalf of a | 18 | | designated corporation,
company, or association, shall render | 19 | | to the treasurer of the foreign fire insurance board or | 20 | | secretary of the fire
protection district, on or before the | 21 | | fifteenth day of July of each year, a
full and true account, | 22 | | verified by his oath, of all of the premiums which,
during the | 23 | | year ending on the first day of July preceding the report, were
| 24 | | received by him, or by any other person for him on behalf of | 25 | | that
corporation, company, or association. He shall specify in | 26 | | this report the
amounts received for fire insurance, and he |
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| 1 | | shall pay to the treasurer of
the foreign fire insurance board, | 2 | | or to the secretary of the fire protection district, at
the | 3 | | time of rendering this report, the amount as determined by the | 4 | | rate
fixed by the ordinance of the municipality or fire | 5 | | protection district for
which his corporation, company, or | 6 | | association is accountable under this
section and the | 7 | | ordinance.
| 8 | | If this account is not rendered on or before the fifteenth | 9 | | day of July
of each year, or if the sum due remains unpaid | 10 | | after that day, it shall be
unlawful for any corporation, | 11 | | company, or association, so in default, to
transact any | 12 | | business in the municipality or fire protection district until
| 13 | | the sum due has been fully paid. But this provision shall not | 14 | | relieve any
corporation, company, or association from the | 15 | | payment of any loss upon any
risk that may be taken in | 16 | | violation of this requirement.
| 17 | | The amount of this tax or license fee may be recovered from | 18 | | the
corporation, company, or association which owes it, or from | 19 | | its agent, by
an action in the name and for the use of the | 20 | | municipality or fire
protection district as for money had and | 21 | | received.
| 22 | | The municipal comptroller, if any, and if not, then the | 23 | | municipal clerk
or the secretary of the fire protection | 24 | | district, may examine the books,
records, and other papers and | 25 | | documents of a designated agent, corporation,
company, or | 26 | | association for the purpose of verifying the correctness of the
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| 1 | | report of the amounts received for fire insurance.
| 2 | | This section shall not be applicable to receipts from | 3 | | contracts of
marine insurance, even though they include | 4 | | insurance against fire, where
the premium for the fire | 5 | | insurance is not separately specified.
| 6 | | (Source: P.A. 95-807, eff. 8-12-08.)
| 7 | | (65 ILCS 5/11-10-2) (from Ch. 24, par. 11-10-2)
| 8 | | Sec. 11-10-2. A department foreign fire insurance board | 9 | | shall be created within the fire department of each | 10 | | municipality with fewer than 500,000 inhabitants that has an | 11 | | organized fire department or utilizes fire protection services | 12 | | from a private not-for-profit corporation . The board shall | 13 | | consist of 7 trustees; the fire chief, who shall hold office by | 14 | | virtue of rank, and 6 members, who shall be elected at large by | 15 | | the sworn members of the department , or in the case of a | 16 | | private not-for-profit corporation, volunteer members who have | 17 | | served more than 2 consecutive years . If there is an | 18 | | insufficient number of candidates to fill all these positions, | 19 | | the number of board members may be reduced, but not to fewer | 20 | | than 3 trustees. All members of the department shall be | 21 | | eligible to be elected as
officers of the department foreign | 22 | | fire insurance board. The members of this board shall annually | 23 | | elect officers. These officers
shall be a chairman and a | 24 | | treasurer. The trustees of the department foreign fire | 25 | | insurance board shall make all needful rules and
regulations |
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| 1 | | with respect to the department foreign fire insurance board and
| 2 | | the management of the money to be appropriated to the board. | 3 | | The officers of the department foreign fire insurance board
| 4 | | shall develop and maintain a listing of those items that the | 5 | | board feels are
appropriate
expenditures under this Act. The | 6 | | treasurer of the department foreign
fire insurance board shall | 7 | | give a sufficient bond to the municipality
in which the fire | 8 | | department is organized. This bond shall be approved by
the | 9 | | mayor or president, as the case may be, conditioned upon the | 10 | | faithful
performance by the treasurer of his or her duties | 11 | | under the ordinance and
the rules and regulations provided for | 12 | | in this section. The treasurer
of the department foreign fire | 13 | | insurance board shall receive the
appropriated money and shall | 14 | | pay out the money upon the
order of the department foreign fire | 15 | | insurance board for the
maintenance, use, and benefit of the | 16 | | department.
As part of the annual municipal audit, these funds | 17 | | shall be audited to verify
that the funds have been expended by | 18 | | that board only for the maintenance, use, and benefit of the
| 19 | | department.
| 20 | | The provisions of this Section shall be the exclusive power | 21 | | of the
State, pursuant to subsection (h) of Section 6 of | 22 | | Article VII of the
Constitution.
| 23 | | (Source: P.A. 95-807, eff. 8-12-08; 96-505, eff. 8-14-09.)
| 24 | | (65 ILCS 5/11-10-4 new) | 25 | | Sec. 11-10-4. Definition. As used in this Division, "fire |
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| 1 | | department of a municipality" shall include any not-for-profit | 2 | | corporation that has contracted with a municipality to provide | 3 | | fire protection services, and individuals who provide fire | 4 | | protection services on behalf of the not-for-profit | 5 | | corporation shall be considered sworn members of the | 6 | | department. ".
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