Sec. 12-35. Duties of state collection agencies.
Sec. 12-35. Duties of state collection agencies. (a) Wherever used in this chapter,
unless otherwise provided, "state collection agency" includes the Treasurer, the Commissioner of Revenue Services and any other state official, board or commission authorized by law to collect taxes payable to the state and any duly appointed deputy of any
such official, board or commission; "tax" includes not only the principal of any tax but
also all interest, penalties, fees and other charges added thereto by law; and "serving
officer" includes any state marshal, constable or employee of such state collection
agency designated for such purpose by a state collection agency and any person so
designated by the Labor Commissioner. Upon the failure of any person to pay any tax,
except any tax under chapter 216, due the state within thirty days from its due date, the
state collection agency charged by law with its collection shall add thereto such penalty
or interest or both as are prescribed by law, provided, if any statutory penalty is not
specified, there may be added a penalty in the amount of ten per cent of the whole or
such part of the principal of the tax as is unpaid or fifty dollars, whichever amount is
greater, and provided, if any statutory interest is not specified, there shall be added
interest at the rate of one per cent of the whole or such part of the principal of the tax
as is unpaid for each month or fraction thereof, from the due date of such tax to the date
of payment. Upon the failure of any person to pay any tax, except any tax under chapter
216, due within thirty days of its due date, the state collection agency charged by law
with the collection of such tax may make out and sign a warrant directed to any serving
officer for distraint upon any property of such person found within the state, whether
real or personal. An itemized bill shall be attached thereto, certified by the state collection
agency issuing such warrant as a true statement of the amount due from such person.
Such warrant shall have the same force and effect as an execution issued pursuant to
chapter 906. Such warrant may be levied on any real property or tangible or intangible
personal property of such person, and sale made pursuant to such warrant in the same
manner and with the same force and effect as a levy of sale pursuant to an execution.
In addition thereto, if such warrant has been issued by the Commissioner of Revenue
Services, his deputy, the Labor Commissioner, the executive director of the Employment
Security Division or any person in the Employment Security Division in a position
equivalent to or higher than the position presently held by a revenue examiner four, said
serving officer shall be authorized to place a keeper in any place of business and it shall
be such keeper's duty to secure the income of such business for the state and, when it
is in the best interest of the state, to force cessation of such business operation. In addition,
the Attorney General may collect any such tax by civil action. Each serving officer so
receiving a warrant shall make a return with respect to such warrant to the appropriate
collection agency within a period of ten days following receipt of such warrant. Each
serving officer shall collect from such person, in addition to the amount shown on such
warrant, his fees and charges, which shall be twice those authorized by statute for serving
officers, provided the minimum charge shall be five dollars and money collected pursuant to such warrant shall be first applied to the amount of any fees and charges of the
serving officer. In the case of an employee of the state acting as a serving officer the
fees and charges collected by such employee shall inure to the benefit of the state. For
the purposes of this section, "keeper" means a person who has been given authority by
an officer authorized to serve a tax warrant to act in the state's interest to secure the
income of a business for the state and, when it is in the best interest of the state, to force
the cessation of such business's operation, upon the failure of such business to pay taxes
owed to the state.
(b) (1) Any such warrant on any intangible personal property of any person may
be served by mailing a certified copy of such warrant by certified mail, return receipt
requested, to any third person in possession of, or obligated with respect to, receivables,
bank accounts, evidences of debt, securities, salaries, wages, commissions, compensation or other intangible personal property subject to such warrant, ordering such third
person to forthwith deliver such property or pay the amount due or payable to the state
collection agency which has made out such warrant, provided such warrant may be
issued only after the state collection agency making out such warrant has notified the
person owning such property, in writing, of its intention to issue such warrant. The
notice of intent shall be: (A) Given in person; (B) left at the dwelling or usual place of
business of such person; or (C) sent by certified mail, return receipt requested, to such
person's last known address, not less than thirty days before the day the warrant is to
be issued.
(2) Any such warrant on any intangible personal property of any person may be
served by electronic mail or facsimile machine on any third person in possession of,
or obligated with respect to, receivables, bank accounts, evidences of debt, securities,
salaries, wages, commissions, compensation or other intangible personal property subject to such warrant, ordering such third person to forthwith deliver such property or
pay the amount due or payable to the state collection agency which has made out such
warrant provided such warrant may be issued only after the state collection agency
making out such warrant has notified the person owning such property, in writing, of
its intention to issue such warrant. The notice of intent shall be: (A) Given in person;
(B) left at the dwelling or usual place of business of such person; or (C) sent by certified
mail, return receipt requested, to such person's last-known address, not less than thirty
days before the day the warrant is to be issued.
(1949 Rev., S. 1713; 1969, P.A. 388, S. 1; P.A. 74-214, S. 1, 2; P.A. 75-613, S. 1, 4; P.A. 76-367, S. 1, 2; P.A. 77-614,
S. 139, 610; P.A. 80-307, S. 1, 31; P.A. 81-64, S. 1, 23; 81-411, S. 9, 42; P.A. 82-72, S. 2, 3; P.A. 87-86; P.A. 89-157, S.
3, 4; June Sp. Sess. P.A. 91-14, S. 6, 30; P.A. 93-144, S. 1; P.A. 95-26, S. 50, 52; P.A. 00-99, S. 39, 154; 00-174, S. 52, 83.)
History: 1969 act provided that interest be not less than 0.75% per month except as per chapter 216 on overdue taxes;
P.A. 74-214 included in definition of "serving officer" employees of state collection agency, deleted references to marshals,
substituted "any property of the taxpayer within the state, whether real or personal" for "the goods, realty or body of such
person", required bond for serving officers other than tax department employees, added provision re deposit of returns by
serving officers and deleted ten-day deadline for making return; P.A. 75-613 deleted reference to civil action by attorney
general for collection, replaced former provisions re warrants and service with new provisions and required fees and charges
collected by state employee to inure to state's benefit; P.A. 76-367 increased interest per month on overdue taxes to 1%;
P.A. 77-614 substituted commissioner of revenue services for tax commissioner, effective January 1, 1979; P.A. 80-307
increased interest to 1.25% per month for taxes becoming due on or after July 1, 1980, but not later than June 30, 1981,
and returned interest to 1% thereafter; P.A. 81-64 amended the penalty provision related to taxes not paid when due to
provide for a minimum penalty of $50, effective July 1, 1981; P.A. 81-411 provided for continuance of interest on delinquent
taxes at 1.25% per month, effective June 18, 1981, and applicable to income years commencing on or after December 28,
1980; P.A. 82-72 added provision that money collected under warrant shall be first applied to fees and charges of serving
officer and inserted technical clarification re provisions not applicable to succession and transfer taxes; P.A. 87-86 specifically made the serving officer's authority to place a keeper in a place of business applicable to warrants issued by the labor
commissioner or the executive director of the employment security division and defined "keeper"; P.A. 89-157 included
"designees of commissioner of labor" in the definition of "serving officer"; June Sp. Sess. P.A. 91-14 added Subsec. (b)
concerning service of warrants by mail; P.A. 93-144 amended Subsec. (a) to permit the issuance of tax warrants and
placement of keepers in businesses by individuals in the employment security division at or above the level of a revenue
examiner four; P.A. 95-26 amended Subsec. (a) to lower interest rate from 1.25% to 1% and made technical changes,
effective July 1, 1995, and applicable to taxes due and owing on or after July 1, 1995, whether or not those taxes first
became due before said date (Revisor's note: A reference in Subsec. (a) to "Commissioner of Labor" was replaced editorially
by the Revisors with "Labor Commissioner" for consistency with customary statutory usage); P.A. 00-99 replaced reference
to sheriff and deputy sheriff with state marshal in Subsec. (a), effective December 1, 2000; P.A. 00-174 amended Subsec.
(b) by designating existing provisions as Subdiv. (1), redesignating existing Subdivs. (1), (2) and (3) as Subparas. (A), (B)
and (C), and adding new Subdiv. (2) re service of warrants by electronic means, effective May 26, 2000.
Cited. 164 C. 497. Cited. 183 C. 117.