Full Text of HB2709 94th General Assembly
HB2709 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB2709
Introduced 02/22/05, by Rep. Gary Hannig SYNOPSIS AS INTRODUCED: |
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35 ILCS 5/1109 |
from Ch. 120, par. 11-1109 |
35 ILCS 120/5f |
from Ch. 120, par. 444f |
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Amends the Illinois Income Tax Act and the Retailers' Occupation Tax Act. Authorizes the Department of Revenue to issue a warrant directed to any agent of the Department's Bureau of Criminal Investigations commanding the agent to levy upon the property and rights to property of a taxpayer within his jurisdiction the amount of tax not paid under the applicable Act. Effective July 1, 2005.
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A BILL FOR
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HB2709 |
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LRB094 03910 MKM 33923 b |
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| AN ACT concerning taxes.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Income Tax Act is amended by | 5 |
| changing Section 1109 as follows:
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| (35 ILCS 5/1109) (from Ch. 120, par. 11-1109)
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| Sec. 1109. Demand and Seizure. In addition to any other | 8 |
| remedy
provided for by the laws of this State, if the tax | 9 |
| imposed by this Act
is not paid within the time required by | 10 |
| this Act, the Department, or
some person designated by it, may | 11 |
| cause a demand to be made on the
taxpayer for the payment | 12 |
| thereof. If such tax remains unpaid for 10
days after such | 13 |
| demand has been made and no proceedings have been taken
to | 14 |
| review the same, the Department may issue a warrant directed to | 15 |
| any
sheriff , agent of the Department's Bureau of Criminal | 16 |
| Investigations, or other person authorized to serve process, | 17 |
| commanding the
sheriff , agent, or other person to levy upon the | 18 |
| property and rights to property
(whether real or personal, | 19 |
| tangible or intangible) of the taxpayer, without
exemption, | 20 |
| found within his jurisdiction, for the payment of the amount
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| thereof with the added penalties, interest and the cost of | 22 |
| executing the
warrant. The term "levy" includes the power of | 23 |
| distraint and seizure by any
means. In any case in which the | 24 |
| warrant to levy has been issued, the
sheriff , agent, or other | 25 |
| person to whom the warrant was directed may seize and sell
such | 26 |
| property or rights to property. Such warrant
shall be returned | 27 |
| to the Department together with the money collected by
virtue | 28 |
| thereof within the time therein specified, which shall not be
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| less than 20 nor more than 90 days from the date of the | 30 |
| warrant. The
sheriff , agent, or other person to whom such | 31 |
| warrant is directed shall proceed in the
same manner as | 32 |
| prescribed by law in respect to the enforcement against
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HB2709 |
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LRB094 03910 MKM 33923 b |
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| property upon judgments by a court, and shall be entitled to | 2 |
| the same
fees for his services in executing the warrant, to be | 3 |
| collected in the
same manner. The Department, or some officer, | 4 |
| employee or agent
designated by it, is hereby authorized to bid | 5 |
| for and purchase any
property sold under the provisions hereof. | 6 |
| No proceedings for a levy
under this Section shall be commenced | 7 |
| more than 20 years after the latest
date for filing
of the | 8 |
| notice of lien under the provisions of Section 1103, without | 9 |
| regard
to whether such notice was actually filed.
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| Any officer or employee of the Department designated in | 11 |
| writing by the
Director is authorized to serve process under | 12 |
| this Section to levy upon
accounts or other intangible assets | 13 |
| of a taxpayer held by a financial
organization, as defined in | 14 |
| Section 1501 of this Act.
In addition to any other provisions | 15 |
| of this Section, any officer or
employee of the Department | 16 |
| designated in writing by the Director may levy
upon the | 17 |
| following property and rights to property belonging to a | 18 |
| taxpayer:
contractual payments, accounts and notes receivable | 19 |
| and other evidences of
debt, and interest on bonds, by serving | 20 |
| a notice of levy on the person
making such payment. Levy shall | 21 |
| not be made until the Department has
caused a demand to be made | 22 |
| on the taxpayer in the manner provided above.
In addition to | 23 |
| any
other provisions
of this Section, any officer or employee | 24 |
| of the Department designated in
writing by the Director, may | 25 |
| levy upon the salary, wages, commissions and
bonuses of any | 26 |
| employee, including
officers,
employees, or elected officials | 27 |
| of the United States as authorized by
Section
5520a of the | 28 |
| Government Organization and Employees Act (5 U.S.C. 5520a), but
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| not upon the salary or wages of officers, employees, or elected | 30 |
| officials of
any state other than this State, by serving a | 31 |
| notice of levy on the employer, as defined in
Section 701(d). | 32 |
| Levy shall not be made until the Department has caused a
demand | 33 |
| to be made on the employee in the manner provided above. The
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| provisions of Section 12-803 of the Code of Civil Procedure | 35 |
| relating to
maximum compensation subject to collection under | 36 |
| wage deduction orders shall
apply to all levies made upon |
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HB2709 |
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LRB094 03910 MKM 33923 b |
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| compensation
under this Section.
To the extent of the amount | 2 |
| due on the levy, the employer or other person
making payments | 3 |
| to the taxpayer shall hold any non-exempt wages or other
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| payments due or which subsequently come due. The levy or | 5 |
| balance due
thereon is a lien on wages or other payments due at | 6 |
| the time of the service
of the notice of levy, and such lien | 7 |
| shall continue as to subsequent
earnings and other payments | 8 |
| until the total amount due upon the levy is
paid, except that | 9 |
| such lien on subsequent earnings or other payments shall
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| terminate sooner if the employment relationship is terminated | 11 |
| or if the
notice of levy is rescinded or modified. The employer | 12 |
| or other person making
payments to the taxpayer shall file, on | 13 |
| or before the return dates stated
in the notice of levy (which | 14 |
| shall not be more often than bimonthly) a
written answer under | 15 |
| oath to interrogatories, setting forth the amount due
as wages | 16 |
| or other payments to the taxpayer for the payment periods | 17 |
| ending
immediately prior to the appropriate return date. A lien | 18 |
| obtained
hereunder shall have priority over any subsequent lien | 19 |
| obtained pursuant to
Section 12-808 of the Code of Civil | 20 |
| Procedure, except that liens for the
support of a spouse or | 21 |
| dependent children shall have priority over all
liens obtained | 22 |
| hereunder.
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| In any case where property or rights to property have been | 24 |
| seized by an
officer of the Illinois Department of State | 25 |
| Police, or successor agency
thereto, under the authority of a | 26 |
| warrant to levy issued by the Department
of Revenue, the | 27 |
| Department of Revenue may take possession of and may sell
such | 28 |
| property or rights to property and the Department of Revenue | 29 |
| may
contract with third persons to conduct sales of such | 30 |
| property or rights to
the property. In the conduct of such | 31 |
| sales, the Department of Revenue
shall proceed in the same | 32 |
| manner as is prescribed by law for proceeding
against property | 33 |
| to enforce judgments which are entered by a circuit court
of | 34 |
| this State. If, in the Department of Revenue's opinion, no | 35 |
| offer to
purchase at such sale is acceptable and the State's | 36 |
| interest would be
better served by retaining the property for |
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LRB094 03910 MKM 33923 b |
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| sale at a later date, then the
Department may decline to accept | 2 |
| any bid and may retain the property for
sale at a later date.
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| (Source: P.A. 89-399, eff. 8-20-95.)
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| Section 10. The Retailers' Occupation Tax Act is amended by | 5 |
| changing Section 5f as follows:
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| (35 ILCS 120/5f) (from Ch. 120, par. 444f)
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| Sec. 5f. In addition to any other remedy provided for by | 8 |
| the laws of
this State, if the tax imposed by this Act is not | 9 |
| paid within the time
required by this Act, the Department, or | 10 |
| some person designated by it,
may cause a demand to be made on | 11 |
| the taxpayer for the payment of the
tax. If the tax remains | 12 |
| unpaid for 10 days after demand has been made
and no | 13 |
| proceedings have been taken for review, the Department may | 14 |
| issue
a warrant directed to the sheriff of any county of the | 15 |
| State or to any
State officer authorized to serve process, | 16 |
| commanding the sheriff , agent of the Department's Bureau of | 17 |
| Criminal Investigations, or
other officer to levy upon property | 18 |
| and rights to property (whether real
or personal, tangible or | 19 |
| intangible) of the taxpayer, without exemption,
found within | 20 |
| his or her jurisdiction, for the
payment of the amount of | 21 |
| unpaid tax with the added penalties, interest
and the cost of | 22 |
| executing the warrant. The term "levy" includes the power
of | 23 |
| distraint and seizure by any means. In any case in which the | 24 |
| warrant
to levy has been issued, the sheriff , agent, or other | 25 |
| person to whom the warrant
was directed may seize and sell such | 26 |
| property or rights to property. Such
warrant shall be returned
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| to the Department together with the money collected by virtue | 28 |
| of the
warrant within the time specified in the warrant, which | 29 |
| may not be less
than 20 nor more than 90 days from the date of | 30 |
| the warrant. The sheriff , agent,
or other officer to whom such | 31 |
| warrant is directed shall proceed in the same
manner as is
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| prescribed by law for proceeding
against property to enforce
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| judgments which are entered by a circuit court of this State,
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| and is entitled to the same fees for his or her
services in |
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HB2709 |
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LRB094 03910 MKM 33923 b |
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| executing the warrant, to be collected in the same manner.
The | 2 |
| Department, or some officer, employee or agent designated by | 3 |
| it, may
bid for and purchase any such property sold.
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| No proceedings for a levy under this Section may be | 5 |
| commenced more
than 20 years after the latest date for filing | 6 |
| of the notice of lien
under Section 5b of
this Act, without | 7 |
| regard to whether such notice was actually filed.
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| Any officer or employee of the Department designated in | 9 |
| writing by the
Director is authorized to serve process under | 10 |
| this Section to levy upon
accounts or other intangible assets | 11 |
| of a taxpayer held by a financial
organization, as defined by | 12 |
| Section 1501 of the Illinois Income Tax Act.
In addition to any | 13 |
| other provisions of this Section, any officer or
employee of | 14 |
| the Department designated in writing by the Director may levy
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| upon the following property and rights to property belonging to | 16 |
| a taxpayer:
contractual payments, accounts and notes | 17 |
| receivable and other evidences of
debt, and interest on bonds, | 18 |
| by serving a notice of levy on the person
making such payment. | 19 |
| Levy shall not be made until the Department has
caused a demand | 20 |
| to be made on the taxpayer in the manner provided above.
In | 21 |
| addition to any other provisions of this Section, any officer | 22 |
| or
employee of the Department designated in writing by the | 23 |
| Director, may levy
upon the salary, wages, commissions and | 24 |
| bonuses of any employee, including officers, employees, or | 25 |
| elected officials of
the
United States
as authorized by Section | 26 |
| 5520a of the Government Organization and Employees
Act (5 | 27 |
| U.S.C. 5520a), but not upon the salary or wages of officers, | 28 |
| employees,
or elected officials of any state other than this | 29 |
| State, by serving a notice of
levy on the employer. Levy shall | 30 |
| not be made until the Department has
caused a demand to be made | 31 |
| on the employee in the manner provided above.
The provisions of | 32 |
| Section 12-803 of the Code of Civil Procedure relating
to | 33 |
| maximum compensation subject to collection under wage | 34 |
| deduction orders
shall apply to all levies made upon | 35 |
| compensation under this Section.
To the extent of the amount | 36 |
| due on the levy, the employer or other person
making payments |
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HB2709 |
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LRB094 03910 MKM 33923 b |
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| 1 |
| to the taxpayer shall hold any non-exempt wages or other
| 2 |
| payments due or which subsequently come due. The levy or | 3 |
| balance due
thereon is a lien on wages or other payments due at | 4 |
| the time of the service
of the notice of levy, and such lien | 5 |
| shall continue as to subsequent
earnings and other payments | 6 |
| until the total amount due upon the levy is
paid, except that | 7 |
| such lien on subsequent earnings or other payments shall
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| terminate sooner if the employment relationship is terminated | 9 |
| or if the
notice of levy is rescinded or modified. The employer | 10 |
| or other person
making payments to the taxpayer shall file, on | 11 |
| or before the return dates
stated in the notice of levy (which | 12 |
| shall not be more often than bimonthly)
a written answer under | 13 |
| oath to interrogatories, setting forth the amount
due as wages | 14 |
| or other payments to the taxpayer for the payment periods
| 15 |
| ending immediately prior to the appropriate return date. A lien | 16 |
| obtained
hereunder shall have priority over any subsequent lien | 17 |
| obtained pursuant to
Section 12-808 of the Code of Civil | 18 |
| Procedure, except that liens for the
support of a spouse or | 19 |
| dependent children shall have priority over all
liens obtained | 20 |
| hereunder.
| 21 |
| In any case where property or rights to property have been | 22 |
| seized by an
officer of the Illinois Department of Law | 23 |
| Enforcement, or successor agency
thereto, under the authority | 24 |
| of
a warrant to levy issued by the Department of Revenue, the | 25 |
| Department of
Revenue may take possession of and may sell such | 26 |
| property or rights to
property and the Department of Revenue | 27 |
| may contract with third persons to
conduct sales of such | 28 |
| property or rights to the property. In the conduct of
such | 29 |
| sales, the Department of Revenue shall proceed in the same | 30 |
| manner as
is prescribed by law for proceeding against property | 31 |
| to enforce judgments
which are entered by a circuit court of | 32 |
| this State. If, in the Department's
opinion, no offer to | 33 |
| purchase at such sale is acceptable and the State's
interest | 34 |
| would be better served by retaining the property for sale at a
| 35 |
| later date, then the Department may decline to accept any bid | 36 |
| and may
retain the property for sale at a later date.
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HB2709 |
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LRB094 03910 MKM 33923 b |
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| (Source: P.A. 89-399, eff. 8-20-95.)
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| Section 99. Effective date. This Act takes effect July 1, | 3 |
| 2005.
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