Full Text of HB5904 95th General Assembly
HB5904enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Uniform Disposition of Unclaimed Property | 5 |
| Act is amended by changing Section 17 as follows:
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| (765 ILCS 1025/17) (from Ch. 141, par. 117)
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| Sec. 17. (a) All abandoned
property, other than money and | 8 |
| that property
exempted by paragraphs (1), (2), (3), and (4) , | 9 |
| and (5) of this subsection,
delivered to the
State Treasurer | 10 |
| under this Act shall be sold within a reasonable time to the
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| highest bidder at public sale in whatever city in the State | 12 |
| affords in his or
her judgment the most favorable market for | 13 |
| the property involved. The State
Treasurer may decline the | 14 |
| highest bid and reoffer the property for sale if he
or she | 15 |
| considers the price bid insufficient.
The State Treasurer may | 16 |
| group items for auction as "box lots" if the value
of the | 17 |
| individual items makes it impracticable to sell the items
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| individually.
He or she need not offer any
property for sale, | 19 |
| and may destroy or otherwise dispose of the property, if, in
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| his or her opinion, the probable cost of sale exceeds the value | 21 |
| of the
property. Securities or commodities received by the | 22 |
| Office of the State
Treasurer may be sold by the State | 23 |
| Treasurer through a broker or sales agent
suitable for the sale |
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| of the type of securities or commodities being sold.
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| (1) Property which the State Treasurer determines may | 3 |
| have historical
value may be, at his or her discretion, | 4 |
| loaned to a recognized exhibitor in the
United States where | 5 |
| it will be kept until such time as the State Treasurer
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| orders it to be returned to his or her possession.
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| (2) Property returned to the State Treasurer shall be | 8 |
| released to the
rightful owner or otherwise disposed of in | 9 |
| accordance with this Act. The State
Treasurer shall keep | 10 |
| identifying records of the property so loaned, the name of
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| rightful owner and the owner's last known address, if | 12 |
| available.
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| (3) The Treasurer, in cooperation with the Department | 14 |
| of State Police,
shall
develop a procedure to determine | 15 |
| whether a firearm delivered
to the Treasurer under this Act | 16 |
| has been stolen or used in the commission of a
crime.
The | 17 |
| Department of State Police shall determine
the appropriate | 18 |
| disposition of a firearm that has been stolen or used in | 19 |
| the
commission of a crime. The Treasurer shall attempt to | 20 |
| return a firearm
that has not been stolen or used in the | 21 |
| commission of a crime to the rightful
owner,
provided that | 22 |
| the owner may lawfully possess the firearm as determined by | 23 |
| the
Department of State Police.
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| If the Treasurer is unable to return a firearm to its | 25 |
| owner, the
Treasurer
shall transfer custody of the firearm | 26 |
| to the Department of State
Police. Legal title to a firearm |
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| transferred to the Department of State Police
under this | 2 |
| paragraph (3) is vested in the Department of
State Police | 3 |
| by operation of law:
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| (A) if the Treasurer cannot locate the owner of the | 5 |
| firearm;
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| (B) if the owner of the firearm may not lawfully | 7 |
| possess the firearm;
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| (C) if the owner does not respond to notice | 9 |
| published under Section 12
of
this Act; or
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| (D) if the owner responds to notice published under | 11 |
| Section 12 and
states
that
he or she no longer claims | 12 |
| an interest in the
firearm.
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| With respect to a firearm whose title is transferred to | 14 |
| the Department of
State
Police under this paragraph (3), | 15 |
| that Department
may:
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| (i) retain the firearm for use by the crime | 17 |
| laboratory system, for
training
purposes, or for any | 18 |
| other application as deemed
appropriate by the | 19 |
| Department;
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| (ii) transfer the firearm to the Illinois State | 21 |
| Museum if the firearm
has
historical
value; or
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| (iii) destroy the firearm if it is not retained | 23 |
| pursuant to
subparagraph
(i)
or transferred
pursuant | 24 |
| to subparagraph (ii).
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| (4) If human remains are delivered to the Treasurer | 26 |
| under this Act, the Treasurer shall deliver those human |
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| remains to the coroner of the county in which the human | 2 |
| remains were abandoned for disposition under Section | 3 |
| 3-3034 of the Counties Code. The only human remains that | 4 |
| may be delivered to the Treasurer under this Act and that | 5 |
| the Treasurer may receive are those that are reported and | 6 |
| delivered as contents of a safe deposit box.
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| (5) If medals awarded to U.S. military personnel are | 8 |
| delivered to the Treasurer under this Act, the Treasurer | 9 |
| shall not offer those medals for sale or at public auction. | 10 |
| The only medals that may be delivered to the Treasurer | 11 |
| under this Act and that the Treasurer may receive are those | 12 |
| that are reported and delivered as contents of a safe | 13 |
| deposit box. Medals shall only be returned to the owner of | 14 |
| the safe deposit box containing the medals or the heirs of | 15 |
| that owner. This paragraph (5) may be referred to as | 16 |
| Operation Search and Restore. | 17 |
| (b) Any sale held under this Section, except a sale of | 18 |
| securities or
commodities, shall be preceded by a single | 19 |
| publication of notice thereof, at
least 3 weeks in advance of | 20 |
| sale in an English language newspaper of general
circulation in | 21 |
| the county where the property is to be sold.
When property | 22 |
| fails to sell and is offered again at a subsequent sale, no
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| additional notice is required for the subsequent sale.
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| (c) The purchaser at any sale conducted by the State | 25 |
| Treasurer pursuant to
this Act shall receive title to the | 26 |
| property purchased, free from all claims of
the owner or prior |
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| holder thereof and of all persons claiming through or under
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| them. The State Treasurer shall execute all documents necessary | 3 |
| to complete the
transfer of title.
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| (d) The Office of the State Treasurer is not liable for any | 5 |
| reduction in the
value of property caused by changing market | 6 |
| conditions.
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| (Source: P.A. 94-422, eff. 8-2-05.)
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| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
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