Illinois General Assembly - Full Text of HB2689
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Full Text of HB2689  94th General Assembly

HB2689enr 94TH GENERAL ASSEMBLY



 


 
HB2689 Enrolled LRB094 06803 AJO 38017 b

1     AN ACT concerning counties.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Counties Code is amended by changing Section
5 3-3034 as follows:
 
6     (55 ILCS 5/3-3034)  (from Ch. 34, par. 3-3034)
7     Sec. 3-3034. Disposition of body. After the inquest
8 inquisition the coroner may deliver the body or human remains
9 of the deceased to the family of the deceased or, if there are
10 no family members to accept the body or the remains, then to
11 his friends of the deceased, if there be any, but if not, the
12 coroner he shall cause the body or the remains him to be
13 decently buried, the expenses to be paid from the property of
14 the deceased, if there is sufficient, if not, by the county. If
15 the State Treasurer, pursuant to the Uniform Disposition of
16 Unclaimed Property Act, delivers human remains to the coroner,
17 the coroner shall cause the human remains to be disposed of as
18 provided in this Section.
19 (Source: P.A. 86-962.)
 
20     Section 10. The Uniform Disposition of Unclaimed Property
21 Act is amended by changing Section 17 as follows:
 
22     (765 ILCS 1025/17)  (from Ch. 141, par. 117)
23     Sec. 17. (a) All abandoned property, other than money and
24 that property exempted by paragraphs (1), (2), and (3), and (4)
25 of this subsection, delivered to the State Treasurer under this
26 Act shall be sold within a reasonable time to the highest
27 bidder at public sale in whatever city in the State affords in
28 his or her judgment the most favorable market for the property
29 involved. The State Treasurer may decline the highest bid and
30 reoffer the property for sale if he or she considers the price

 

 

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1 bid insufficient. The State Treasurer may group items for
2 auction as "box lots" if the value of the individual items
3 makes it impracticable to sell the items individually. He or
4 she need not offer any property for sale, and may destroy or
5 otherwise dispose of the property, if, in his or her opinion,
6 the probable cost of sale exceeds the value of the property.
7 Securities or commodities received by the Office of the State
8 Treasurer may be sold by the State Treasurer through a broker
9 or sales agent suitable for the sale of the type of securities
10 or commodities being sold.
11         (1) Property which the State Treasurer determines may
12     have historical value may be, at his or her discretion,
13     loaned to a recognized exhibitor in the United States where
14     it will be kept until such time as the State Treasurer
15     orders it to be returned to his or her possession.
16         (2) Property returned to the State Treasurer shall be
17     released to the rightful owner or otherwise disposed of in
18     accordance with this Act. The State Treasurer shall keep
19     identifying records of the property so loaned, the name of
20     rightful owner and the owner's last known address, if
21     available.
22         (3) The Treasurer, in cooperation with the Department
23     of State Police, shall develop a procedure to determine
24     whether a firearm delivered to the Treasurer under this Act
25     has been stolen or used in the commission of a crime. The
26     Department of State Police shall determine the appropriate
27     disposition of a firearm that has been stolen or used in
28     the commission of a crime. The Treasurer shall attempt to
29     return a firearm that has not been stolen or used in the
30     commission of a crime to the rightful owner, provided that
31     the owner may lawfully possess the firearm as determined by
32     the Department of State Police.
33         If the Treasurer is unable to return a firearm to its
34     owner, the Treasurer shall transfer custody of the firearm
35     to the Department of State Police. Legal title to a firearm
36     transferred to the Department of State Police under this

 

 

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1     paragraph (3) is vested in the Department of State Police
2     by operation of law:
3             (A) if the Treasurer cannot locate the owner of the
4         firearm;
5             (B) if the owner of the firearm may not lawfully
6         possess the firearm;
7             (C) if the owner does not respond to notice
8         published under Section 12 of this Act; or
9             (D) if the owner responds to notice published under
10         Section 12 and states that he or she no longer claims
11         an interest in the firearm.
12         With respect to a firearm whose title is transferred to
13     the Department of State Police under this paragraph (3),
14     that Department may:
15             (i)    retain the firearm for use by the crime
16         laboratory system, for training purposes, or for any
17         other application as deemed appropriate by the
18         Department;
19             (ii)        transfer the firearm to the Illinois
20         State Museum if the firearm has historical value; or
21             (iii) destroy the firearm if it is not retained
22         pursuant to subparagraph (i) or transferred pursuant
23         to subparagraph (ii).
24         (4) If human remains are delivered to the Treasurer
25     under this Act, the Treasurer shall deliver those human
26     remains to the coroner of the county in which the human
27     remains were abandoned for disposition under Section
28     3-3034 of the Counties Code. The only human remains that
29     may be delivered to the Treasurer under this Act and that
30     the Treasurer may receive are those that are reported and
31     delivered as contents of a safe deposit box.
32     (b) Any sale held under this Section, except a sale of
33 securities or commodities, shall be preceded by a single
34 publication of notice thereof, at least 3 weeks in advance of
35 sale in an English language newspaper of general circulation in
36 the county where the property is to be sold. When property

 

 

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1 fails to sell and is offered again at a subsequent sale, no
2 additional notice is required for the subsequent sale.
3     (c) The purchaser at any sale conducted by the State
4 Treasurer pursuant to this Act shall receive title to the
5 property purchased, free from all claims of the owner or prior
6 holder thereof and of all persons claiming through or under
7 them. The State Treasurer shall execute all documents necessary
8 to complete the transfer of title.
9     (d) The Office of the State Treasurer is not liable for any
10 reduction in the value of property caused by changing market
11 conditions.
12 (Source: P.A. 91-16, eff. 7-1-99; 91-748, eff. 6-2-00.)
 
13     Section 99. Effective date. This Act takes effect upon
14 becoming law.