Sidebilder
PDF
ePub

There shall be deducted from the tax thus computed the amount (if any) paid by such corporation, company or association, to cities and villages as a tax on premiums received by such corporation, company or association in such cities and villages during the preceding calendar year for the benefit of organized fire departments, and the remainder shall be assessed against such corporation, company or association as its annual privilege tax.

This Act shall apply to all corporations, companies, and associations organized under the laws of any other state, territory or foreign country and admitted to transact the business of insurance in this State on the stock, mutual, stock and mutual, or assessment plan. This Act, however, shall not apply to fraternal beneficiary associations or societies.

The tax herein provided for shall be in lieu of all license fees or privilege or occupation taxes levied or assessed by any municipality in this State, and no municipality shall impose any license fee or privilege or occupation tax upon any such corporation, company or association, or any of its agents, for the privilege of doing an insurance business therein; but this Act shall not be construed to prohibit the levv and collection of any State, county or municipal taxes upon the real and personal property of such corporations, companies and associations, nor to prohibit the levy and collection of taxes for the benefit of organized fire departments in cities and villages, nor to prevent the levy and collection of taxes for the purpose of maintaining the office of the Fire Marshal of this State and paying the expenses incident, nor to prevent the levy and collection of the tax authorized by section 30 of an Act entitled, "An Act to incorporate and to govern fire, marine and inland navigation insurance companies doing business in the State of Illinois," approved March 11, 1869, in force July 1, 1869, as amended.

$ 2. If the laws of another state or territory shall require of insurance corporations, companies or associations organized under the laws of this State, and doing business in such other state or territory, payments for taxes, fines, penalties, certificates of authority, license fees or otherwise, on a basis or rate which will produce amounts greater than would be produced by the application of the basis or rate provided for herein and by any other laws of this State, then and in every such case insurance corporations, companies and associations of such state or territory, when admitted and licensed to do an insurance business in this State, shall be required to pay for such privilege on the same basis or rate as is imposed by the laws of such state or territory upon similar insurance corporations, companies and associations organized under the laws of this State.

In the imposition of any privilege tax under this section all of the provisions of this Act, so far as applicable, shall be observed.

3. Each insurance corporation, company and association subject to the provisions of this Act shall, in addition to all other statements and reports required by law, make a report in writing to the Department of Trade and Commerce, not later than the first day of August, A. D. 1919, and not later than the first day of March in each

year thereafter, on such forms as the Department of Trade and Commerce may prescribe. Such report shall, among other things, state:

(1) The name of the corporation, company, or association.

(2) The location of its principal office (if any) in this State, and the location of its principal oflice in the state of its domicile or entry. (3) The gross amount of premiums received by it during the preceding calendar year ending December 31, on contracts covering risks within this State, which gross amount of premiums shall include all premiums received during the preceding calendar year on all policies, annuity contracts, certificates, renewals, policies subsequently cancelled, insurance and reinsurance executed, issued and delivered during such prededing [preceding] calendar year, and all premiums that are received during such preceding calendar year on all policies, annuity contracts, certificates, renewals, policies subsequently cancelled, insurance and reinsurance executed, issued and delivered in all years prior to such preceding calendar year, whether such premiums were in the form of money, notes, credits, or any other substitute for money.

(4) The amount of returned premiums on cancelled policies covering risks within this State (but returns on life insurance policies, commonly known as surrender values, shall not be considered returned premiums on cancelled policies), the amount paid for reinsurance of risks within this State to companies duly licensed to transact business in this State, and the amount returned to holders of policies on risks within this State as dividends, paid in cash or applied in the reduction of premiums.

(5) The amount (if any) paid to cities and villages as a tax on premiums received by such corporation, company or association in such cities and villages during the preceding calendar year for the benefit of organized fire departments.

Such report shall be signed and sworn to by the president, vice president, secretary, treasurer, or manager of the company, and in case the company is in the hands of an assignee or receiver, then such report shall be signed and sworn to by such assignee or receiver.

4. The Department of Trade and Commerce may require at any time further or supplemental reports, verified as herein prescribed, with reference to any matter pertinent to the proper assessment of the tax herein provided for, and it shall be the duty of such corporations, companies and associations to promptly furnish such reports.

5. The Department of Trade and Commerce shall, from the reports herein required to be filed with it, assess a tax at the rate herein prescribed against each corporation, company and association required herein to make such reports.

§ 6. Except as otherwise provided in section 14 hereof, the tax herein provided to be paid shall be due and payable on the first day of July of each year, and shall be the tax for the year commencing on the first day of July in which it is due and ending on the thirtieth day of June next thereafter.

7. If any corporation, company or association, subject to the provisions of this Act, shall fail or refuse to file its annual report within

the time required by this Act, the Department of Trade and Commerce shall assess a tax against such corporation, company or association, based upon the best possible available information, adding to such assessment a penalty of ten per centum upon such assessment.

§ 8. The Department of Trade and Commerce shall have power to hear and determine objections to any assessment, and, after hearing, to change or modify any assessment.

§ 9. On or before the fifteenth day of May of each year, the Department of Trade and Commerce shall mail a notice in writing to each corporation, company and association against which a tax is assessed, stating the amount of the tax assessed against it for the year next ensuing commencing on July 1, and that objections (if any) to such assessment will be heard by the Department of Trade and Commerce on a day stated therein, not later than the twenty-fifth day of June. Such notice shall further state that the tax therein assessed is payable to the Department of Trade and Commerce on. July 1 after the date of said notice. The notice required by this section shall be mailed to the corporation, company or association, addressed to its postoffice address as shown by the records in the office of the Department of Trade and Commerce. A failure to receive the notice mentioned in this section shall not relieve any corporation, company or association, of the obligation to pay such taxes, nor shall it invalidate the assessment of the tax.

10. If the tax assessed in accordance with the provisions of this Act shall not be paid on or before the thirty-first day of July of the year in which the assessment is made, it shall be deemed to be delinquent, and there shall be added a penalty of five per centum for each month or part of month that the same is delinquent, commencing with the month of August.

11. The Department of Trade and Commerce, through the Attorney General, may at any time after the tax becomes delinquent institute an action of debt, in the name of the people of the State of Illinois, in any court of competent jurisdiction, for the recovery of the amount of such taxes and penalties due, and prosecute the same to final judgment, and take such steps as may be necessary to collect the

same.

12. If any corporation, company or association shall fail, neglect or refuse to make and file any report herein required, or shall fail, neglect or refuse to pay any tax assessed against it under the provisions of this Act, within thirty days after the same becomes due and payable, the Department of Trade and Commerce shall have power to revoke the license of such defaulting corporation, company or association to transact the business of insurance in this State, or it may suspend the same until such report or reports are filed or such tax and penalties (if any) are paid.

13. Each corporation, company and association applying for a license to do an insurance business in this State, and which was not licensed to do such business in this State during the preceding calendar year, or any part thereof, shall, before said license is issued, pay to the Department of Trade and Commerce at the rate of three hundred dol

lars per annum for as many months as will elapse between the date of issuance of such license and the first day of July of the calendar year succeeding the calendar year in which such license is issued, and such payment shall be for the privilege of doing an insurance business in this State during the period aforesaid.

§ 14. Each insurance corporation, company and association required by this Act to make a report on or before the first day of August, A. D. 1919, shall pay a tax equivalent to two per centum of the gross amount of premiums received by it during the preceding calendar year ending December 31, on contracts covering risks within this State, which gross amount of premiums shall include all premiums. received during such preceding calendar year on all policies, annuity contracts, certificates, renewals, policies subsequently cancelled, insurance and reinsurance executed, issued and delivered during such preceding calendar year, and all premiums that are received during such preceding calendar year on all policies, annuity contracts, certificates, renewals, policies subsequently cancelled, insurance and reinsurance executed, issued and delivered in all years prior to such preceding calendar year, whether such premiums were in the form of money, notes, credits, or any other substitute for money, after deducting from such gross amount of premiums the amount of returned premiums on cancelled policies covering risks within this State (but returns on life insurance policies, commonly known as surrender values, shall not be considered returned premiums on cancelled policies), and after deducting the amount paid for reinsurance of risks within this State to companies duly licensed to transact business in this State, and also the amount returned to holders of policies on risks within this State as dividends, paid in cash or applied in reduction of premiums. From the amount of the tax thus computed there shall be deducted the amount paid (if any) by such corporation, company or association to cities and villages, during the year 1918, as a tax on premiums received in such cities and villages, for the benefit of organized fire departments; also one-half of the amount (if any) theretofore paid by such corporation, company or association, in the year 1919, to this State under any reciprocal law of this State as a tax on its gross premiums, and the remainder shall be assessed against such corporation, company or association as a tax for the privilege of doing an insurance business in this State for the year commencing on the first day of July, A. D. 1919 and ending on the thirtieth day of June, A. D. 1920, and which tax shall be due and payable on or before the first day of October, A. D. 1919. Said tax shall be assessed as provided in section 5 hereof and notice thereof given as provided in section 9 hereof on or before September 1, 1919. If said tax is not paid on or before the last day of October, 1919, it shall be deemed to be delinquent and there shall be added a penalty. of five per centum for each month or part of month that the same is delinquent, commencing with the month of November, 1919.

§ 15. The authority of each non-resident corporation, company and association, admitted to do an insurance business in this State, shall be evidenced by a license to be issued by the Department of Trade

and Commerce, in which shall be stated the kind or kinds of insurance business authorized to be transacted. All licenses issued by virtue of the provisions hereof shall terminate on the thirtieth day of June next after the date thereof, and may be renewed annually thereafter upon compliance with the laws of this State.

§ 16. Nothing in this Act contained shall be so construed as to prevent the Department of Trade and Commerce from cancelling or revoking any license issued to any corporation, company or association for any cause now or hereafter provided by law, and in case the license of any such corporation, company or association is revoked by the Department of Trade and Commerce for any such cause, such corporation, company or association shall not be entitled to a return of any part of any privilege tax theretofore paid by it.

17. If any clause, sentence, paragraph, or part of this Act shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such judgment shall not affect, impair, invalidate or nullify the remainder of this Act; but the effect thereof shall be confined to the clause, sentence, paragraph, or part thereof immediately involved in the controversy in which such judgment or decree shall be rendered.

18. All Acts and part of Acts in conflict herewith are hereby repealed.

APPROVED June 28, 1919.

[blocks in formation]

(HOUSE BILL No. 107. APPROVED JUNE 30, 1919.)

AN ACT to revise the law in relation to joint rights and obligations. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That no estate in joint tenancy in any lands, tenements or hereditaments shall be held or claimed under any grant, devise or conveyance whatsoever heretofore or hereafter made, other than to executors and trustees unless the premises therein mentioned shall expressly be thereby declared to pass not in tenancy in common but in joint tenancy; and every such estate other than to executors and trustees (unless otherwise expressly declared as aforesaid), shall be deemed to be in tenancy in common and that all conveyances heretofore made, or which hereafter may be made, wherein the premises therein mentioned were or shall be expressly declared to pass not in tenancy in common but in joint tenancy, are hereby declared to have created an estate in joint tenancy with the accompanying right of survivorship the same as it existed prior to the passage of an Act entitled: "An Act to amend section 1 of an Act entitled: 'An Act to revise the law in relation to joint rights and obligations,' approved

« ForrigeFortsett »