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| Public Act 096-1162 | ||||
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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 | ||||
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 | ||||
distribution
fund.
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(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
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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
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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
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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.
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(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.
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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.
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(Source: P.A. 86-737.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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