Full Text of HB4804 96th General Assembly
HB4804 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4804
Introduced 1/12/2010, by Rep. Dan Reitz SYNOPSIS AS INTRODUCED: |
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35 ILCS 405/13 |
from Ch. 120, par. 405A-13 |
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Amends the Illinois Estate and Generation-Skipping Transfer Tax Act. Provides that the State Treasurer may waive penalties imposed against a county treasurer for late payment under the Act on a case-by-case basis if the State Treasurer finds that imposing penalties would be unreasonable or unnecessarily burdensome because the delay in payment was due to an incident caused by the operation of an extraordinary force, including, but not limited to, the occurrence of a natural disaster, that cannot be foreseen, that cannot be avoided by the exercise of due care, and for which no person can be held liable. Effective immediately.
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A BILL FOR
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HB4804 |
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LRB096 17677 HLH 33039 b |
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| AN ACT concerning State government.
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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 Estate and Generation-Skipping | 5 |
| Transfer Tax Act is amended by changing Section 13 as follows:
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| (35 ILCS 405/13) (from Ch. 120, par. 405A-13)
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| Sec. 13.
Collection by county treasurers; tax collection | 8 |
| distribution
fund.
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| (a) Collection by county treasurers. Each county treasurer | 10 |
| shall
transmit to the State Treasurer all taxes, interest or | 11 |
| penalties paid to
the county treasurer under this Act and in | 12 |
| the county treasurer's
possession as of the last day of the | 13 |
| previous
month, together with a report under oath identifying | 14 |
| the taxpayer for or by
whom an amount was paid. Those amounts | 15 |
| and the report shall be
transmitted to and received by the
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| State Treasurer by the 10th day of each month. At the same | 17 |
| time, a copy of
the report shall be
furnished to the Attorney | 18 |
| General. The report shall
be in a form and contain the | 19 |
| particulars as the State Treasurer may
prescribe. The State | 20 |
| Treasurer shall give the county treasurer a receipt
for the | 21 |
| amount transmitted to the State Treasurer. Except as provided | 22 |
| in subsection (a-5) of this Section, if If any county treasurer | 23 |
| fails
to pay to the State Treasurer all amounts that may be due |
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HB4804 |
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LRB096 17677 HLH 33039 b |
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| and payable under
this Act as required by this Section, the | 2 |
| county treasurer shall pay to the
State Treasurer, as a | 3 |
| penalty, a sum of money equal to the
interest on the amounts | 4 |
| not paid at the rate of 1% per month from the time those
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| amounts are due by the county treasurer until those amounts are | 6 |
| paid. The
sureties upon the official bond of the county | 7 |
| treasurer shall be security
for the payment of the penalty. The | 8 |
| penalty under this Section may
be recovered in a civil action | 9 |
| against the county treasurer and his or her
sureties, in the | 10 |
| name of the People of the State of Illinois, in the
circuit | 11 |
| court within the county wherein the county treasurer is | 12 |
| resident;
and the penalty, when recovered, shall be paid into | 13 |
| the State treasury.
The civil action to recover the penalty | 14 |
| shall be brought by the State
treasurer within 10 days after
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| the failure of the county treasurer to pay to the State | 16 |
| Treasurer any
amounts collected by the county treasurer within | 17 |
| the time required by this Act. Failure
to bring the action | 18 |
| within that time shall not prevent the bringing of the
action | 19 |
| thereafter. It is the duty of the State Treasurer to
make | 20 |
| necessary and proper investigation to determine what amounts | 21 |
| should
be paid under this Act.
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| (a-5) The State Treasurer may waive penalties imposed by | 23 |
| subsection (a) of this Section on a case-by-case basis if the | 24 |
| State Treasurer finds that imposing penalties would be | 25 |
| unreasonable or unnecessarily burdensome because the delay in | 26 |
| payment was due to an incident caused by the operation of an |
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HB4804 |
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LRB096 17677 HLH 33039 b |
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| extraordinary force, including, but not limited to, the | 2 |
| occurrence of a natural disaster, that cannot be foreseen, that | 3 |
| cannot be avoided by the exercise of due care, and for which no | 4 |
| person can be held liable. | 5 |
| (b) Transfer Tax Collection Distributive Fund.
The | 6 |
| Transfer Tax Collection Distributive Fund is created as a | 7 |
| special fund in the
State treasury. The Fund is a continuation | 8 |
| of the Fund of the same name
created under the Illinois Estate | 9 |
| Tax Law, repealed by this Act. As soon
as may be after the | 10 |
| first
day of each month after
the effective date of this Act, | 11 |
| the State Treasurer
shall transfer from the General Revenue | 12 |
| Fund to
the Transfer Tax Collection Distributive
Fund an amount | 13 |
| equal to 6% of the net revenue realized from this Act
during | 14 |
| the preceding month.
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| As soon as may be after the first day of each month, the | 16 |
| State Treasurer shall
allocate among the counties of this State | 17 |
| the amount available in the
Transfer Tax Collection | 18 |
| Distributive Fund. The allocation to each county
shall be 6% of | 19 |
| the net revenues collected by the county treasurer under
this | 20 |
| Act. The State Comptroller, pursuant to appropriation, shall | 21 |
| then pay
those allocations over to the counties.
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| (Source: P.A. 86-737.)
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| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.
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