Full Text of SB2579 96th General Assembly
SB2579enr 96TH GENERAL ASSEMBLY
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SB2579 Enrolled |
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LRB096 16866 HLH 32178 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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LRB096 16866 HLH 32178 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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SB2579 Enrolled |
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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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