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H0076..................................................by REVENUE AND TAXATION TAX - UNPAID/WRIT OF POSSESSION - Amends existing law to permit the State Tax Commission to petition the district court for a writ of possession in aid of collection of unpaid taxes and to take custody and responsibility for the property from the sheriff who has acted under the writ. 01/15 House intro - 1st rdg - to printing 01/16 Rpt prt - to Rev/Tax 02/20 Rpt out - rec d/p - to 2nd rdg 02/21 2nd rdg - to 3rd rdg 02/24 3rd rdg - PASSED - 58-6-6 AYES -- Andersen, Barraclough, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Henbest, Jaquet, Jones, Lake, Langford, Langhorst, Martinez, McGeachin, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Ridinger, Ring, Ringo, Robison, Rydalch, Sali, Sayler, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Mr. Speaker NAYS -- Barrett, Bauer, Harwood, Kulczyk, McKague, Schaefer Absent and excused -- Bedke, Gagner, Kellogg, Raybould, Roberts, Wood Floor Sponsor - McGeachin Title apvd - to Senate 02/25 Senate intro - 1st rdg - to Loc Gov 03/04 Rpt out - rec d/p - to 2nd rdg 03/05 2nd rdg - to 3rd rdg 03/11 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- None Floor Sponsor - McKenzie Title apvd - to House 03/12 To enrol 03/13 Rpt enrol - Sp signed 03/14 Pres signed 03/17 To Governor Governor signed Session Law Chapter 81 Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 76 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO COLLECTION OF UNPAID TAXES BY DISTRAINT ON PERSONAL PROPERTY; 3 AMENDING SECTION 63-3057, IDAHO CODE, TO PERMIT THE STATE TAX COMMISSION 4 TO PETITION THE DISTRICT COURT FOR A WRIT OF POSSESSION IN AID OF COLLEC- 5 TION OF UNPAID TAXES AND TO TAKE CUSTODY AND RESPONSIBILITY FOR THE PROP- 6 ERTY FROM THE SHERIFF WHO HAS ACTED UNDER THE WRIT. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 63-3057, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 63-3057. DISTRAINT ON PERSONAL PROPERTY. (1) In addition to all other 11 remedies or actions provided by this act, it shall be lawful for the tax com- 12 mission, or any of its agents or deputies, to collect any taxes (the word 13 "taxes," as used in this section including any deficiencies in respect of such 14 taxes) with such interest, penalties, and other additional amounts as are per- 15 mitted by law, by distraint and sale, in the manner provided herein, of the 16 property of any person liable to pay any taxes, interest, penalties, or other 17 additional amounts, who neglects or refuses to pay the same within thirty (30) 18 days from the mailing of notice and demand for payment thereof, and who has 19 not appealed from the assessment of such taxes, interest, penalties and other 20 additional amounts pursuant to the provisions of the act or who has not satis- 21 fied or discharged any lien filed under this act. The term "property" as used 22 herein shall be construed to mean personal property, both tangible and intan- 23 gible, any right, title, and interest to such personal property and shall 24 include, without limitation, stocks, securities, bank accounts, and evidences 25 of debt. 26 (2) In conjunction with the remedy provided in subsection (1) of this 27 section, the state tax commission may file an action in the district court 28 where a taxpayer resides or has his principal place of business or in which 29 the property subject to distraint under this section is located for a writ of 30 possession under chapter 3, title 8, Idaho Code. In such an action, the sher- 31 iff shall designate the state tax commission as the keeper of the property 32 under section 8-305, Idaho Code, and after expiration of the five (5) day 33 period provided in section 8-308, Idaho Code, shall relinquish all custody and 34 responsibility for such property to the state tax commission. The state tax 35 commission may proceed in regard to such property as provided for property 36 seized under a warrant issued by the commission under this chapter.
STATEMENT OF PURPOSE RS 12392 Provides that when the State Tax Commission petitions a court for a writ of possession as an aid to collection of delinquent tax assessments, the duties usually performed by the county sheriff in regard to taking possession and, if necessary, sale of property can be performed by the State Tax Commission. FISCAL IMPACT $200,000 revenue gain mostly to the General Fund CONTACT Name: Dan John / Ted Spangler Agency: State Tax Commission Phone: 334-7530 Statement of Purpose/Fiscal Impact H7