There is a newer version of the Illinois Compiled Statutes
2005 Illinois 65 ILCS 5/ Illinois Municipal Code. Division 10 - Foreign Fire Insurance; Company Fees
(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 treasurer of the municipality 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 municipal comptroller, if
there is one, or if not to the municipal clerk 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 municipality, 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.
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: Laws 1961, p. 576.)
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(65 ILCS 5/11‑10‑2) (from Ch. 24, par. 11‑10‑2)
Sec. 11‑10‑2.
The corporate authorities of any municipality containing
less than 250,000 inhabitants which has an organized fire department shall
pass an ordinance providing for the election of officers of the
department foreign fire insurance board by the members of the
department. All members of the department shall be eligible to be elected as
officers of the department foreign fire insurance board. These officers
shall include a treasurer, and they shall make all needful rules and
regulations with respect to the department foreign fire insurance board and
the management of the money to be appropriated to the board. The officers of the department foreign fire insurance board
shall develop and maintain a listing of those items that the board feels are
appropriate
expenditures under this Act. All of the money paid to the municipal treasurer
as provided in Section 11‑10‑1 shall be set apart and shall be appropriated
annually by the corporate authorities to the department foreign fire insurance
board. The treasurer of the department foreign
fire insurance board shall give a sufficient bond to the municipality
in which the fire department is organized. This bond shall be approved by
the mayor or president, as the case may be, conditioned upon the faithful
performance by the treasurer of his or her duties under the ordinance and
the rules and regulations provided for in this section. The treasurer
of the department foreign fire insurance board shall receive the
appropriated money and shall pay out the money upon the
order of the department foreign fire insurance board for the
maintenance, use, and benefit of the department.
As part of the annual municipal audit, these funds shall be audited to verify
that these purchases are for the maintenance, use, and benefit of the
department.
The provisions of this Section shall be the exclusive power of the
State, pursuant to subsection (h) of Section 6 of Article VII of the
Constitution.
(Source: P.A. 89‑63, eff. 6‑30‑95.)
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(65 ILCS 5/11‑10‑3) (from Ch. 24, par. 11‑10‑3)
Sec. 11‑10‑3.
Any person, corporation, company, or association which
violates any of the provisions of this Division 10 is guilty of a Class B
misdemeanor.
(Source: P. A. 77‑2500.)
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