|
Public Act 096-1162
|
| SB2579 Enrolled | LRB096 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.
|