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H0466...............................................by REVENUE AND TAXATION TAX WARRANTS - Amends existing law to provide protection for third parties who pay over assets in obedience to a tax warrant; and to clarify the liability of persons who fail to comply with a tax warrant. 02/01 House intro - 1st rdg - to printing 02/02 Rpt prt - to Rev/Tax 02/08 Rpt out - rec d/p - to 2nd rdg 02/09 2nd rdg - to 3rd rdg 02/14 3rd rdg - PASSED - 65-0-5 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail(Miller), Wheeler, Zimmermann NAYS -- None Absent and excused -- Geddes, Hornbeck, Linford, Wood, Mr Speaker Floor Sponsor - Hansen(29) Title apvd - to Senate 02/15 Senate intro - 1st rdg - to Loc Gov 02/28 Rpt out - rec d/p - to 2nd rdg 02/29 2nd rdg - to 3rd rdg 03/24 3rd rdg - hld at desk 03/27 PASSED - 30-2-3 AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Davis, Deide, Dunklin, Frasure, Geddes, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Thorne, Wheeler, Williams NAYS--Hawkins, Whitworth Absent and excused--Darrington, Ingram, Stennett Floor Sponsor - King-Barrutia Title apvd - to House 03/28 To enrol 03/29 Rpt enrol - Sp signed 03/30 Pres signed 03/31 To Governor 04/03 Governor signed Session Law Chapter 149 Effective: 07/01/00
H0466|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 466 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO COLLECTION OF DELINQUENT TAXES; AMENDING SECTION 63-3059, IDAHO 3 CODE, TO PROVIDE PROTECTION FOR THIRD PARTIES WHO PAY OVER ASSETS IN OBE- 4 DIENCE TO A TAX WARRANT, TO CLARIFY THE LIABILITY OF PERSONS WHO FAIL TO 5 COMPLY WITH A TAX WARRANT AND TO MAKE TECHNICAL CORRECTIONS; AND PROVIDING 6 AN EFFECTIVE DATE. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 63-3059, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 63-3059. LEVY OR DISTRAINT WARRANT. (1) In case of neglect or refusal to 11 pay taxes or deficiencies as hereinabove provided, the state tax commission 12 may levy, or, by warrant issued under its own hand, authorize its agents or 13 employees or a sheriff, constable,or deputy, to levy upon, seize and sell all 14 property, except such as is exempt by the preceding section, belonging to such 15 person, for the payment of the amount due or for the enforcement of any lien 16 authorized and filed pursuant to thisactchapter. 17 (2) Any person in possession of, or obligated with respect to, property 18 or rights to property subject to levy upon which a levy has been made who, 19 upon demand by the state tax commission or by a sheriff or deputy, surrenders 20 such property or rights to property, or discharges such obligation, to the 21 state tax commission shall be discharged from any obligation or liability to 22 the delinquent taxpayer and any other person with respect to such property or 23 rights to property arising from such surrender or payment. 24 (3) Any person who fails or refuses to surrender any property or rights 25 to property, subject to levy, shall be liable to the state of Idaho in a sum 26 equal to the value of the property or rights not so surrendered, but not 27 exceeding the amount of taxes for the collection of which such levy has been 28 made, together with costs and interest on such sum at the rate established 29 under section 63-3045, Idaho Code, from the date of such levy. 30 (4) Any amount, other than costs, recovered under this section shall be 31 credited against the tax liability for the collection of which such levy was 32 made. 33 SECTION 2. This act shall be in full force and effect on and after July 34 1, 2000.
STATEMENT OF PURPOSE RS09350 This bill more clearly states the effects of a tax warrant for collection of unpaid state taxes. The bill protects third-party holders of the assets of a delinquent taxpayer when those assets are seized and applied to pay the taxes by protecting the third party from liability claims by that taxpayer. A taxpayer may file claims directly against the State Tax Commission for alleged wrongful seizure. The bill also states that the holder is liable to the State Tax Commission for the amounts held by him for the taxpayer. FISCAL NOTE None. Contact Name: Dan John / Ted Spangler Agency: State Tax Commission Phone: 334-7530 STATEMENT OF PURPOSE/FISCAL NOTE H 46