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SB2579 Engrossed |
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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 |
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| 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 |
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| distribution
fund.
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| (a) Collection by county treasurers. Each county treasurer |
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| shall
transmit to the State Treasurer all taxes, interest or |
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| penalties paid to
the county treasurer under this Act and in |
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| the county treasurer's
possession as of the last day of the |
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| previous
month, together with a report under oath identifying |
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| the taxpayer for or by
whom an amount was paid. Those amounts |
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| 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 |
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| time, a copy of
the report shall be
furnished to the Attorney |
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| General. The report shall
be in a form and contain the |
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| particulars as the State Treasurer may
prescribe. The State |
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| Treasurer shall give the county treasurer a receipt
for the |
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| amount transmitted to the State Treasurer. Except as provided |
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| in subsection (a-5) of this Section, if If any county treasurer |
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| fails
to pay to the State Treasurer all amounts that may be due |
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SB2579 Engrossed |
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LRB096 16866 HLH 32178 b |
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| and payable under
this Act as required by this Section, the |
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| county treasurer shall pay to the
State Treasurer, as a |
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| penalty, a sum of money equal to the
interest on the amounts |
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| 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 |
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| paid. The
sureties upon the official bond of the county |
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| treasurer shall be security
for the payment of the penalty. The |
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| penalty under this Section may
be recovered in a civil action |
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| against the county treasurer and his or her
sureties, in the |
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| name of the People of the State of Illinois, in the
circuit |
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| court within the county wherein the county treasurer is |
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| resident;
and the penalty, when recovered, shall be paid into |
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| the State treasury.
The civil action to recover the penalty |
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| 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 |
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| Treasurer any
amounts collected by the county treasurer within |
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| the time required by this Act. Failure
to bring the action |
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| within that time shall not prevent the bringing of the
action |
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| thereafter. It is the duty of the State Treasurer to
make |
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| necessary and proper investigation to determine what amounts |
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| should
be paid under this Act.
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| (a-5) The State Treasurer may waive penalties imposed by |
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| subsection (a) of this Section on a case-by-case basis if the |
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| State Treasurer finds that imposing penalties would be |
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| unreasonable or unnecessarily burdensome because the delay in |
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| payment was due to an incident caused by the operation of an |
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SB2579 Engrossed |
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LRB096 16866 HLH 32178 b |
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| extraordinary force, including, but not limited to, the |
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| occurrence of a natural disaster, that cannot be foreseen, that |
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| cannot be avoided by the exercise of due care, and for which no |
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| person can be held liable. |
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| (b) Transfer Tax Collection Distributive Fund.
The |
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| Transfer Tax Collection Distributive Fund is created as a |
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| special fund in the
State treasury. The Fund is a continuation |
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| of the Fund of the same name
created under the Illinois Estate |
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| Tax Law, repealed by this Act. As soon
as may be after the |
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| first
day of each month after
the effective date of this Act, |
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| the State Treasurer
shall transfer from the General Revenue |
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| Fund to
the Transfer Tax Collection Distributive
Fund an amount |
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| equal to 6% of the net revenue realized from this Act
during |
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| the preceding month.
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| As soon as may be after the first day of each month, the |
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| State Treasurer shall
allocate among the counties of this State |
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| the amount available in the
Transfer Tax Collection |
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| Distributive Fund. The allocation to each county
shall be 6% of |
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| the net revenues collected by the county treasurer under
this |
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| Act. The State Comptroller, pursuant to appropriation, shall |
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| 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 |
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| becoming law.
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