Bill Status of HB 3545   94th General Assembly


Short Description:  LEVY ENFORCEMENT

House Sponsors
Rep. Gary Hannig

Last Action  View All Actions

DateChamber Action
  1/9/2007HouseSession Sine Die

Statutes Amended In Order of Appearance
35 ILCS 5/1109from Ch. 120, par. 11-1109
35 ILCS 120/5ffrom Ch. 120, par. 444f

Synopsis As Introduced
Amends the Illinois Income Tax Act. Authorizes the Department of Revenue to seek a conditional judgment against a taxpayer's employer if the employer is served with a levy on the taxpayer's salary, wages, commissions, and bonuses by the Department and the employer fails to answer the levy. Authorizes the Department to seek a confirmation of the conditional judgment. Amends the Retailers' Occupation Tax Act. Authorizes the Department of Revenue to seek a conditional judgment against a financial institution or other person that is served with a levy by the Department of Revenue and fails to answer the levy. Authorizes the Department of Revenue to seek a confirmation of the conditional judgment. Effective July 1, 2005.

House Amendment No. 1
Deletes everything after the enacting clause. Amends the Illinois Income Tax Act and the Retailers' Occupation Tax Act. Provides that a financial institution, employer, or other person properly served with a levy by the Department that fails to timely file an answer or to hold any payment or asset as required shall be subject to a penalty in the amount equal to $500 or, in the case of each subsequent failure to timely file an answer or to hold a payment or asset with respect to a levy on the same taxpayer, an amount equal to $1,000. Provides that this penalty shall be in addition to any other right or cause of action of the Department, and shall be deemed assessed at the time the answer was due or the time the payment or asset was required to be held, whichever is earlier, and shall be collected and paid in the same manner as a tax imposed by this Act, provided that this penalty shall not apply if the financial institution, employer, or other person subject to the penalty establishes that the failure to file any answer or hold the payment or asset was due to reasonable cause. Effective July 1, 2005.

Actions 
DateChamber Action
  2/23/2005HouseFiled with the Clerk by Rep. Gary Hannig
  2/24/2005HouseFirst Reading
  2/24/2005HouseReferred to Rules Committee
  3/1/2005HouseAssigned to Revenue Committee
  3/10/2005HouseCommittee Deadline Extended-Rule 9(b) March 17, 2005
  3/16/2005HouseHouse Amendment No. 1 Filed with Clerk by Revenue Committee
  3/16/2005HouseHouse Amendment No. 1 Adopted in Revenue Committee; by Voice Vote
  3/16/2005HouseDo Pass as Amended / Short Debate Revenue Committee; 011-000-000
  3/16/2005HousePlaced on Calendar 2nd Reading - Short Debate
  4/8/2005HouseSecond Reading - Short Debate
  4/8/2005HouseHeld on Calendar Order of Second Reading - Short Debate
  4/15/2005HouseRule 19(a) / Re-referred to Rules Committee
  1/9/2007HouseSession Sine Die

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