Bill Text: IL HB4596 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Illinois Municipal Code. Provides that an entity that collects a tax or license fee rendered to the treasurer of the foreign fire insurance board or a fire protection district secretary must publish to its website by August 1 of each year certain information regarding the taxes and fees from the previous year. Prohibits an entity from charging an administrative fee in excess of 1% of the gross amount collected in each municipality or fire protection district. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4596 Detail]

Download: Illinois-2017-HB4596-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4596

Introduced , by Rep. Robert Martwick

SYNOPSIS AS INTRODUCED:
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 tax or license fee rendered to the treasurer of the foreign fire insurance board or a fire protection district secretary must publish to its website by August 1 of each year certain information regarding the taxes and fees from the previous year. Prohibits an entity from charging an administrative fee in excess of 1% of the gross amount collected in each municipality or fire protection district. Effective immediately.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB4596LRB100 18077 AWJ 33269 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

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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
24ordinance.
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

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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 August 1 of each year the following
13information for the year ending on the preceding July 1:
14 (1) the total amount of the tax or license fee
15 collected on behalf of each municipal fire department or
16 fire protection district;
17 (2) the total administrative fees, if any, charged to
18 each municipal fire department or fire protection
19 district;
20 (3) the aggregate amount of taxes or license fees
21 collected on behalf of all municipal fire departments or
22 fire protection districts; and
23 (4) the aggregate amount of administrative fees, if
24 any, charged to all municipal fire departments or fire
25 protection districts.
26 Any entity charged with the collection of the tax or

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