Bill Status of SB 2636   95th General Assembly

Short Description:  UNCLAIMED PROP-CONSUMER FRAUD

Senate Sponsors
Sen. Don Harmon and Matt Murphy

House Sponsors
(Rep. John A. Fritchey-Harry Osterman-Renée Kosel-Kevin Joyce-David E. Miller)


Last Action  View All Actions

DateChamber Action
  11/20/2008SenatePublic Act . . . . . . . . . 95-1003

Statutes Amended In Order of Appearance
765 ILCS 1025/20from Ch. 141, par. 120
815 ILCS 505/2BBB new

Synopsis As Introduced
Amends the Uniform Disposition of Unclaimed Property Act. Provides that a person or company offering to identify, discover, or collect presumptively abandoned property or property that may become presumptively abandoned on behalf of the putative owner in exchange for a contingent fee must provide the owner with a written disclosure that includes, at a minimum, the identity of the holder of the property, the date the property became or will become reportable, and a statement indicating that the Office of the State Treasurer does not charge fees for the recovery of any property transferred to its custody under the Act. Provides that a person or company may not charge a contingent fee greater than 10% for the recovery of property that is not yet reportable property under the Act. Amends the Consumer Fraud and Deceptive Practices Act. Provides that a person offering to identify, discover, or collect property, held or likely to be reported to any public agency, on behalf of the putative owner in exchange for a contingent fee must provide the owner with a written disclosure that includes, at a minimum, the identity of the holder of the property, the date the property came into the possession of the public agency or will become reportable to the agency, and a statement indicating the public agency does not charge fees for the recovery of any property transferred to its custody under the Uniform Disposition of Unclaimed Property Act. Provides that a person who violates this provision commits an unlawful practice. Effective immediately.

Senate Floor Amendment No. 1
Replaces everything after the enacting clause. Amends the Uniform Disposition of Unclaimed Property Act. Provides that any person offering to collect abandoned property for the owner for a fee, must provide the owner with a written disclosure that states: (1) if an owner of property has not communicated directly with the holder of the property or claimed it, the property will be delivered to a state unclaimed property program from which the owner may recover the property without charge; (2) the unclaimed asset referred to has not yet been reported or remitted to any state unclaimed property office; (3) you may obtain information about the Illinois unclaimed property program at its website; (4) a person may not charge a fee greater than 25% of the property's value for its recovery where the property is not yet reportable under the Act and the owner, as reflected in the holder's records, is living; and (5) a person may not charge a fee greater than 33% of the property's value for its recovery where the property is not yet reportable under the Act and the recovery involves documentation of the owner's death or an estate or trust administration. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that any person offering to collect for a consumer in exchange for a fee property held by a public agency, must disclose that public agencies do not charge fees. Provides that a person who charges more than 25% for property recovery commits an unlawful practice under the Act, however this is not applicable to property reportable under the Uniform Disposition of Unclaimed Property Act.

Senate Floor Amendment No. 2
Adds reference to:
35 ILCS 200/20-175

Amends the Property Tax Code. Provides that with respect to a refund for an erroneous assessment or overpayment, any erroneous assessment payments or overpayments not refunded within 7 years shall be delivered to the Office of the Illinois State Treasurer pursuant to the Illinois Uniform Disposition of Unclaimed Property Act (instead of a claim for refund shall not be allowed unless a petition is filed within 5 years from the date the right to a refund arose).

 Fiscal Note, House Amendment No. 1 (Department of Revenue)
 No fiscal impact on State revenues or on the Illinois Department of Revenue.

 Fiscal Note, House Amendment No. 2 (Department of Revenue)
 No fiscal impact on State revenues or on the Illinois Department of Revenue.

House Amendment No. 3
Deletes reference to:
35 ILCS 200/20-175
815 ILCS 505/2BBB new

Replaces everything after the enacting clause. Amends the Uniform Disposition of Unclaimed Property Act. Provides that any person offering to collect abandoned property for the owner for a fee, must provide the owner with a written disclosure that states: (1) if an owner of property has not communicated directly with the holder of the property or claimed it, the property will be delivered to a state unclaimed property program from which the owner may recover the property without charge; (2) the unclaimed asset referred to has not yet been reported or remitted to any state unclaimed property office; (3) you may obtain information about the Illinois unclaimed property program at its website; (4) a person may not charge a fee greater than 25% of the property's value for its recovery where the property is not yet reportable under the Act and the owner, as reflected in the holder's records, is living; and (5) a person may not charge a fee greater than 33% of the property's value for its recovery where the property is not yet reportable under the Act and the recovery involves documentation of the owner's death or an estate or trust administration.

Governor Amendatory Veto Message
Recommends that a person or company offering to identify, discover, or collect presumptively abandoned property or property which may become presumptively abandoned on behalf of the putative owner of the property in exchange for a fee shall report the property and the amount of the fee to the State Treasurer within 30 days of collecting a fee. Further recommends that by March 15 and September 15 of each year, the State Treasurer shall prepare and publish electronically on a website accessible from the Treasurer’s website a report containing a summary of property and fees reported from each person or company who identifies, discovers, or collects presumptively abandoned property or property which may become presumptively abandoned.

Actions 
DateChamber Action
  2/15/2008SenateFiled with Secretary by Sen. Don Harmon
  2/15/2008SenateFirst Reading
  2/15/2008SenateReferred to Rules
  2/28/2008SenateAssigned to State Government and Veterans Affairs
  3/6/2008SenateDo Pass State Government and Veterans Affairs; 009-000-000
  3/6/2008SenatePlaced on Calendar Order of 2nd Reading March 11, 2008
  3/13/2008SenateSecond Reading
  3/13/2008SenatePlaced on Calendar Order of 3rd Reading April 1, 2008
  4/11/2008SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Don Harmon
  4/11/2008SenateSenate Floor Amendment No. 1 Referred to Rules
  4/11/2008SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Don Harmon
  4/11/2008SenateSenate Floor Amendment No. 2 Referred to Rules
  4/15/2008SenateSenate Floor Amendment No. 1 Rules Refers to State Government and Veterans Affairs
  4/15/2008SenateSenate Floor Amendment No. 2 Rules Refers to State Government and Veterans Affairs
  4/16/2008SenateSenate Floor Amendment No. 1 Recommend Do Adopt State Government and Veterans Affairs; 008-000-000
  4/16/2008SenateSenate Floor Amendment No. 2 Recommend Do Adopt State Government and Veterans Affairs; 008-000-000
  4/16/2008SenateAdded as Co-Sponsor Sen. Matt Murphy
  4/16/2008SenateRecalled to Second Reading
  4/16/2008SenateSenate Floor Amendment No. 1 Adopted; Harmon
  4/16/2008SenateSenate Floor Amendment No. 2 Adopted; Harmon
  4/16/2008SenatePlaced on Calendar Order of 3rd Reading
  4/16/2008SenateThird Reading - Passed; 056-000-000
  4/17/2008HouseArrived in House
  4/17/2008HousePlaced on Calendar Order of First Reading
  4/17/2008HouseChief House Sponsor Rep. Harry Osterman
  4/17/2008HouseFirst Reading
  4/17/2008HouseReferred to Rules Committee
  5/6/2008HouseAdded Alternate Co-Sponsor Rep. John A. Fritchey
  5/16/2008HouseAlternate Chief Sponsor Changed to Rep. John A. Fritchey
  5/16/2008HouseAlternate Co-Sponsor Removed Rep. John A. Fritchey
  5/16/2008HouseAdded Alternate Chief Co-Sponsor Rep. Harry Osterman
  5/21/2008HouseCommittee Deadline Extended-Rule 9(b) May 23, 2008
  5/21/2008HouseAssigned to Executive Committee
  5/23/2008HouseFinal Action Deadline Extended-9(b) May 31, 2008
  5/28/2008HouseHouse Amendment No. 1 Filed with Clerk by Executive Committee
  5/28/2008HouseHouse Amendment No. 1 Adopted in Executive Committee; by Voice Vote
  5/28/2008HouseRemains in Executive Committee
  5/28/2008HouseRe-assigned to Judiciary I - Civil Law Committee
  5/28/2008HouseMoved to Suspend Rule 25 Rep. Barbara Flynn Currie
  5/28/2008HouseMotion to Suspend Rule 25 - Prevailed by Voice Vote
  5/28/2008HouseHouse Amendment No. 2 Filed with Clerk by Judiciary I - Civil Law Committee
  5/28/2008HouseHouse Amendment No. 2 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  5/28/2008HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 013-000-000
  5/28/2008HousePlaced on Calendar 2nd Reading - Short Debate
  5/28/2008HouseSecond Reading - Short Debate
  5/28/2008HouseHeld on Calendar Order of Second Reading - Short Debate
  5/29/2008HouseHouse Amendment No. 1 Fiscal Note Requested as Amended by Rep. William B. Black
  5/29/2008HouseHouse Amendment No. 2 Fiscal Note Requested as Amended by Rep. William B. Black
  5/29/2008HouseAdded Alternate Chief Co-Sponsor Rep. Renée Kosel
  5/30/2008HouseHouse Amendment No. 1 Fiscal Note Filed as Amended
  5/30/2008HouseHouse Amendment No. 2 Fiscal Note Filed as Amended
  5/31/2008HouseHouse Amendment No. 3 Filed with Clerk by Rep. John A. Fritchey
  5/31/2008HouseHouse Amendment No. 3 Referred to Rules Committee
  5/31/2008HouseHouse Amendment No. 1 Motion Filed to Table Rep. John A. Fritchey
  5/31/2008HouseHouse Amendment No. 2 Motion Filed to Table Rep. John A. Fritchey
  5/31/2008HouseHouse Amendment No. 1 Motion to Table Referred to Rules Committee
  5/31/2008HouseHouse Amendment No. 2 Motion to Table Referred to Rules Committee
  5/31/2008HouseHouse Amendment No. 1 Motion to Table Recommends Be Adopted Rules Committee; 004-000-000
  5/31/2008HouseHouse Amendment No. 2 Motion to Table Recommends Be Adopted Rules Committee; 004-000-000
  5/31/2008HouseHouse Amendment No. 3 Recommends Be Adopted Rules Committee; 003-001-000
  5/31/2008HouseHouse Amendment No. 1 Motion to Table Amendment - Prevailed
  5/31/2008HouseHouse Amendment No. 1 Tabled
  5/31/2008HouseHouse Amendment No. 2 Motion to Table Amendment - Prevailed
  5/31/2008HouseHouse Amendment No. 2 Tabled
  5/31/2008HouseHouse Amendment No. 3 Adopted by Voice Vote
  5/31/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/31/2008HouseThird Reading - Short Debate - Passed 113-000-000
  7/10/2008SenateSecretary's Desk - Concurrence House Amendment(s) 03
  7/10/2008SenatePlaced on Calendar Order of Concurrence House Amendment(s) 03-July 10, 2008
  7/10/2008SenateHouse Amendment No. 3 Motion to Concur Filed with Secretary Sen. Don Harmon
  7/10/2008SenateHouse Amendment No. 3 Motion to Concur Referred to Rules
  7/10/2008SenateHouse Amendment No. 3 Motion to Concur Rules Referred to State Government and Veterans Affairs
  7/10/2008SenateHouse Amendment No. 3 Motion To Concur Recommended Do Adopt State Government and Veterans Affairs; 008-000-000
  7/10/2008Senate3/5 Vote Required
  7/10/2008SenateHouse Amendment No. 3 Senate Concurs 043-000-000
  7/10/2008SenatePassed Both Houses
  8/8/2008SenateSent to the Governor
  10/3/2008SenateGovernor Amendatory Veto
  11/12/2008SenatePlaced on Calendar Amendatory Veto November 12, 2008
  11/12/2008SenateMotion Filed Override Amendatory Veto Sen. Don Harmon
  11/12/2008Senate3/5 Vote Required
  11/12/2008SenateOverride Amendatory Veto - Senate Passed 055-000-000
  11/13/2008HouseArrived in House
  11/13/2008HousePlaced on Calendar Amendatory Veto November 19, 2008
  11/13/2008HouseMotion Filed Override Amendatory Veto Rep. John A. Fritchey
  11/19/2008House3/5 Vote Required
  11/19/2008HouseAdded Alternate Chief Co-Sponsor Rep. Kevin Joyce
  11/19/2008HouseAdded Alternate Chief Co-Sponsor Rep. David E. Miller
  11/19/2008HouseOverride Amendatory Veto - House Passed 110-000-000
  11/19/2008SenateAmendatory Veto Overridden Both Houses
  11/20/2008SenateEffective Date June 1, 2009
  11/20/2008SenatePublic Act . . . . . . . . . 95-1003

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