Illinois General Assembly - Full Text of Public Act 096-1162
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Public Act 096-1162





Public Act 096-1162
SB2579 EnrolledLRB096 16866 HLH 32178 b

    AN ACT concerning State government.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Estate and Generation-Skipping
Transfer Tax Act is amended by changing Section 13 as follows:
    (35 ILCS 405/13)  (from Ch. 120, par. 405A-13)
    Sec. 13. Collection by county treasurers; tax collection
distribution fund.
    (a) Collection by county treasurers. Each county treasurer
shall transmit to the State Treasurer all taxes, interest or
penalties paid to the county treasurer under this Act and in
the county treasurer's possession as of the last day of the
previous month, together with a report under oath identifying
the taxpayer for or by whom an amount was paid. Those amounts
and the report shall be transmitted to and received by the
State Treasurer by the 10th day of each month. At the same
time, a copy of the report shall be furnished to the Attorney
General. The report shall be in a form and contain the
particulars as the State Treasurer may prescribe. The State
Treasurer shall give the county treasurer a receipt for the
amount transmitted to the State Treasurer. Except as provided
in subsection (a-5) of this Section, if If any county treasurer
fails to pay to the State Treasurer all amounts that may be due
and payable under this Act as required by this Section, the
county treasurer shall pay to the State Treasurer, as a
penalty, a sum of money equal to the interest on the amounts
not paid at the rate of 1% per month from the time those
amounts are due by the county treasurer until those amounts are
paid. The sureties upon the official bond of the county
treasurer shall be security for the payment of the penalty. The
penalty under this Section may be recovered in a civil action
against the county treasurer and his or her sureties, in the
name of the People of the State of Illinois, in the circuit
court within the county wherein the county treasurer is
resident; and the penalty, when recovered, shall be paid into
the State treasury. The civil action to recover the penalty
shall be brought by the State treasurer within 10 days after
the failure of the county treasurer to pay to the State
Treasurer any amounts collected by the county treasurer within
the time required by this Act. Failure to bring the action
within that time shall not prevent the bringing of the action
thereafter. It is the duty of the State Treasurer to make
necessary and proper investigation to determine what amounts
should be paid under this Act.
    (a-5) The State Treasurer may waive penalties imposed by
subsection (a) of this Section 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.
    (b) Transfer Tax Collection Distributive Fund. The
Transfer Tax Collection Distributive Fund is created as a
special fund in the State treasury. The Fund is a continuation
of the Fund of the same name created under the Illinois Estate
Tax Law, repealed by this Act. As soon as may be after the
first day of each month after the effective date of this Act,
the State Treasurer shall transfer from the General Revenue
Fund to the Transfer Tax Collection Distributive Fund an amount
equal to 6% of the net revenue realized from this Act during
the preceding month.
    As soon as may be after the first day of each month, the
State Treasurer shall allocate among the counties of this State
the amount available in the Transfer Tax Collection
Distributive Fund. The allocation to each county shall be 6% of
the net revenues collected by the county treasurer under this
Act. The State Comptroller, pursuant to appropriation, shall
then pay those allocations over to the counties.
(Source: P.A. 86-737.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/21/2010