2000 Legislation
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HOUSE BILL NO. 466 – Tax warrants, pymt, liability

HOUSE BILL NO. 466

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Daily Data Tracking History



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

Bill Text


 H0466
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN 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 this act chapter.
 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 / Fiscal Impact


                    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