2003 Legislation
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HOUSE BILL NO. 76 – Tax, unpaid/writ of possession

HOUSE BILL NO. 76

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN 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 / Fiscal Impact


                     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