Rep. Robert F. Martwick

Filed: 3/4/2014

 

 


 

 


 
09800HB4702ham001LRB098 18651 JLK 55397 a

1
AMENDMENT TO HOUSE BILL 4702

2    AMENDMENT NO. ______. Amend House Bill 4702 by replacing
3everything after the enacting clause with the following:
 
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

 

 

09800HB4702ham001- 2 -LRB098 18651 JLK 55397 a

1thereof, a sum not exceeding 2% of the gross receipts received
2from fire insurance upon property situated within the
3municipality or district.
4    Each municipality and fire protection district may
5prescribe by ordinance the rate of the tax or license fee to be
6paid, but this rate shall not exceed the rate specified in this
7section. Each designated corporation, company, and association
8shall pay at the rate so prescribed, upon the amount of all
9premiums which have been received during the year ending on
10every first day of July for all fire insurance effected or
11agreed to be effected on property situated within the
12municipality or fire protection district, by that corporation,
13company, or association respectively.
14    Every person who acts in any specified municipality or fire
15protection district as agent, or otherwise, on behalf of a
16designated corporation, company, or association, shall render
17to the treasurer of the foreign fire insurance board or
18secretary of the fire protection district, on or before the
19fifteenth day of July of each year, a full and true account,
20verified by his oath, of all of the premiums which, during the
21year ending on the first day of July preceding the report, were
22received by him, or by any other person for him on behalf of
23that corporation, company, or association. He shall specify in
24this report the amounts received for fire insurance, and he
25shall pay to the treasurer of the foreign fire insurance board,
26or to the secretary of the fire protection district, at the

 

 

09800HB4702ham001- 3 -LRB098 18651 JLK 55397 a

1time of rendering this report, the amount as determined by the
2rate fixed by the ordinance of the municipality or fire
3protection district for which his corporation, company, or
4association is accountable under this section and the
5ordinance.
6    If this account is not rendered on or before the fifteenth
7day of July of each year, or if the sum due remains unpaid
8after that day, it shall be unlawful for any corporation,
9company, or association, so in default, to transact any
10business in the municipality or fire protection district until
11the sum due has been fully paid. But this provision shall not
12relieve any corporation, company, or association from the
13payment of any loss upon any risk that may be taken in
14violation of this requirement.
15    Any entity that maintains a website and that is charged
16with the collection of a tax or license fee and the rendering
17of the tax or license fee to the treasurer of the foreign fire
18insurance board or fire protection district secretary must
19publish to its website by the first day of August of each year
20the following information for the year ending on the preceding
21first day of July:
22        (1) the total amount of the tax or license fee
23    collected on behalf of each municipal fire department or
24    fire protection district;
25        (2) the total administrative fees, if any, charged to
26    each municipal fire department or fire protection

 

 

09800HB4702ham001- 4 -LRB098 18651 JLK 55397 a

1    district;
2        (3) the aggregate amount of taxes or license fees
3    collected on behalf of all municipal fire departments or
4    fire protection districts; and
5        (4) the aggregate amount of administrative fees, if
6    any, charged to each municipal fire department or fire
7    protection district.
8    Any entity charged with the collection of the tax or
9license fee and the rendering of the tax or license fee to the
10treasurer of the foreign fire insurance board or fire
11protection district secretary shall not charge an
12administrative fee in excess of 1% of the gross amount
13collected in each municipal fire department or each fire
14protection district.
15    The amount of this tax or license fee may be recovered from
16the corporation, company, or association which owes it, or from
17its agent, by an action in the name and for the use of the
18municipality or fire protection district as for money had and
19received.
20    The municipal comptroller, if any, and if not, then the
21municipal clerk or the secretary of the fire protection
22district, may examine the books, records, and other papers and
23documents of a designated agent, corporation, company, or
24association for the purpose of verifying the correctness of the
25report of the amounts received for fire insurance.
26    This section shall not be applicable to receipts from

 

 

09800HB4702ham001- 5 -LRB098 18651 JLK 55397 a

1contracts of marine insurance, even though they include
2insurance against fire, where the premium for the fire
3insurance is not separately specified.
4(Source: P.A. 95-807, eff. 8-12-08.)".