4-308-025 Expenditure of foreign fire insurance tax revenue.

   (a)   For purposes of this section, the following definitions shall apply:

   "Act" means Public Act 100-0656, codified at 65 ILCS 5/11-10-2(b).

   "Active member" means a member of the Department who is not receiving a disability pension, retired, or a deferred pensioner, as defined in 40 ILCS 5/4-105a, of the Firemen’s Annuity and Benefit Fund of Chicago.

   "Board" means the Department’s foreign fire insurance board established pursuant to the Act.

   "Commissioner" means the Chicago Fire Commissioner.

   "Department" means the Chicago Fire Department.

   "Ethics Ordinance" means the City of Chicago governmental ethics ordinance, codified as Chapter 2-156 of the Code.

   "Fund" means foreign fire insurance tax revenue money deposited in an account determined by the Board as provided in the Act.

   (b)   Subject to this section, the Board shall have authority to expend money from the Fund for the maintenance, use, or benefit of the Department in accordance with the Act and the Board’s rules. The Board has no authority to expend anticipated foreign fire insurance tax.

   (c)   Notwithstanding any other provision of law, the Board shall follow these guidelines when making expenditures from the Fund:

      (1)   Pursuant to the Act, 50 percent of the Fund shall be used for the maintenance, use, benefit, or enhancement of fire stations or training facilities, which are: (i) owned, occupied or leased by the City of Chicago; and (ii) used by the active members of the Department.

      (2)   Pursuant to the Act, 25 percent of the Fund shall be used for the maintenance, use, benefit, or enhancement of emergency response vehicles, tools, and equipment, which are: (i) owned, occupied or leased by the City of Chicago; and (ii) used by the active members of the Department.

      (3)   Pursuant to the Act, the remaining 25 percent of the Fund shall be used for the maintenance and enhancement of the Department and for the use and benefit of the active members of the Department in a manner consistent with all applicable law.

      (4)   The Board shall not: (i) maintain or enhance or undertake any work on any building, ground, fleet or equipment that is owned, occupied or leased by the City; or (ii) purchase or lease any vehicle, unless such maintenance, enhancement, work, purchase or lease is undertaken or approved in writing by the Commissioner of Fleet and Facility Management, under his authority in Section 2-51-050.

      (5)   Board members shall not be entitled to any compensation or salary from the Fund for the work they perform for the Board.

      (6)   All Board purchases shall comply with Sections 8-10-3 and 8-10-4 of the Municipal Purchasing Act for cities of 500,000 or more population, codified at 65 ILCS 5/8-10-3 and 65 ILCS 5/8-10-4. ln addition, all Board purchases shall be conducted in coordination with the City’s Department of Procurement Services and in compliance with procurement laws and procedures applicable to such purchases, including Chapter 2-92 of this Code.

      (7)   The Fund is a public fund, and, consistent with Article VIII, Section (1)(a) of the Illinois Constitution, shall be used only for public purposes. The Board shall not use the Fund for the maintenance, use, benefit, or enhancement of any organization or group other than the Department. Any property purchased with expenditures from the Fund shall be the property of the City.

      (8)   As required by the Act, all funds provided to and expended by the Board shall be subject to the annual municipal audit to verify that all Board expenditures have been made only for the maintenance, use, or benefit of the Department, in accordance with all applicable law. The Board shall fully and timely comply with the annual municipal audit.

   (d)   All Board members shall abide by all applicable laws, including the Ethics Ordinance, in the execution of their roles, responsibilities, and duties within the Board.

   (e)   The Board’s treasurer shall execute a bond payable to the City in the sum of $50,000.00, with good and sufficient sureties to be approved by the City Comptroller conditioned for the faithful performance by the treasurer of his or her duties under the Act in accordance with all applicable law.

   (f)   The Board is created within the Department and shall be considered parl of the City’s government, and Board members shall be considered to be City officers for purposes of all applicable provisions of the Code, including Chapter 2-56.

   (g)   All Board officials shall annually appear before the City Council Committee on the Budget and Government Operations, at a date, place and time determined by the Committee, for a hearing regarding the Board’s expenditure of monies from the Fund. Each year, prior to such hearing, the Commissioner of Fleet and Facility Management shall provide the Board and the Committee on Budget and Government Operations with a list of prioritized maintenance, enhancement, work or equipment needs on which the Board may consider to make expenditures from the Fund.

(Added Coun. J. 4-10-19, p. 98769, § 1)

4-308-030 Annual report required.

   Every person acting in the city as agent for, or on behalf of, any such corporation, company or association shall, on or before the fifteenth day of July of each year, render to the comptroller a full, true and just account, verified by his oath, of all premiums which, during the year ending on the first day of July preceding such report, shall have been received by him, or any other person for him, in behalf of any such corporation, company or association. Such agent shall also at the time of rendering the aforesaid report pay to the comptroller the sum of money for which such company, corporation or association represented by him is chargeable, by virtue of the provisions of this chapter.

   Such agent, corporation, company or association shall have available original books of entry, records, papers or documents adequate for verification of the correctness of such report which shall be open for examination by the comptroller or any of his deputies during office hours.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 4)

4-308-040 Recovery by suit.

   The sum of money for which such company, corporation or association is so chargeable may be recovered of it, or its agent, by an action in the name of, and for the use of, the city.

   Nothing in this section shall be held to exempt any person, corporation, company or association from indictment and conviction under the provisions of an act entitled "An Act to enable cities, towns and villages, organized under any general or special law, to levy and collect a tax or license fee from foreign insurance companies for the benefit of organized fire departments", in force July 1, 1895, as amended.

(Added Coun. J. 12-9-92, p. 25465)

4-308-050 Placement of insurance restricted.

   No insurance broker in the city shall place any insurance with any company, association or corporation not incorporated under the laws of this state which shall be in default for not reporting or making payment as hereinbefore provided, until it shall have complied with all the requirements of this chapter.

(Added Coun. J. 12-9-92, p. 25465)

4-308-065 Application of Uniform Revenue Procedures Ordinance.

   Whenever not inconsistent with the provisions of this chapter or whenever this chapter is silent, the provisions of the Uniform Revenue Procedures Ordinance, Chapter 3-4 of the Municipal Code of Chicago, as amended, shall apply and supplement this chapter.

(Added Coun. J. 12-9-92, p. 25465)

4-308-070 Violation – Penalty.

   Any person violating any of the provisions of this chapter shall be fined not less than $200.00 nor more than $500.00 for each offense. Every day such violation continues shall constitute a separate distinct offense.

(Added Coun. J. 12-9-92, p. 25465)