State of Illinois
91st General Assembly
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Public Act 91-0016

HB1281 Enrolled                               LRB9100404SMdvC

    AN ACT regarding unclaimed property.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The State Treasurer Act is amended by adding
Sections 0.02, 0.03, 0.04, 0.05, and 0.06 as follows:

    (15 ILCS 505/0.02 new)
    Sec. 0.02.   Transfer  of  powers.  The  rights,  powers,
duties,  and  functions vested in the Department of Financial
Institutions  to  administer  the  Uniform   Disposition   of
Unclaimed Property Act are transferred to the State Treasurer
on  July 1, 1999; provided, however, that the rights, powers,
duties,  and  functions  involving  the  examination  of  the
records of any person that the State Treasurer has reason  to
believe has failed to report properly under this Act shall be
transferred  to  the  Office  of Banks and Real Estate if the
person is regulated by the Office of Banks  and  Real  Estate
under  the Illinois Banking Act, the Corporate Fiduciary Act,
the Foreign Banking Office Act, the Illinois Savings and Loan
Act of 1985, or the Savings Bank Act and shall be retained by
the Department of Financial Institutions  if  the  person  is
doing  business  in  the  State  under the supervision of the
Department of Financial  Institutions,  the  National  Credit
Union  Administration,  the  Office of Thrift Supervision, or
the Comptroller of the Currency.

    (15 ILCS 505/0.03 new)
    Sec. 0.03.  Transfer of personnel.
    (a)  Except as  provided  in  subsection  (b),  personnel
employed  by the Department of Financial Institutions on June
30, 1999 to perform duties pertaining to  the  administration
of  the  Uniform  Disposition  of  Unclaimed Property Act are
transferred to the State Treasurer on July 1, 1999.
    (b)  In the case of a person employed by  the  Department
of  Financial  Institutions to perform both duties pertaining
to the administration of the Uniform Disposition of Unclaimed
Property Act and duties pertaining to a function retained  by
the   Department   of   Financial   Institutions,  the  State
Treasurer, in consultation with  the  Director  of  Financial
Institutions,   shall   determine  whether  to  transfer  the
employee to the Office of the  State  Treasurer;  until  this
determination  has  been  made,  the  transfer shall not take
effect.
    (c)  The rights of State employees, the  State,  and  its
agencies  under  the Personnel Code and applicable collective
bargaining agreements and retirement plans are  not  affected
by  this  amendatory  Act  of 1999, except that all positions
transferred to the State Treasurer shall be  subject  to  the
State Treasurer Employment Code effective July 1, 2000.
    All  transferred  employees who are members of collective
bargaining units shall  retain  their  seniority,  continuous
service,  salary,  and accrued benefits.  During the pendency
of the existing collective bargaining agreement,  the  rights
provided   for   under   that  agreement  and  memoranda  and
supplements to that agreement, including but not limited  to,
the  rights  of employees performing duties pertaining to the
administration  of  the  Uniform  Disposition  of   Unclaimed
Property  Act  to  positions  in other State agencies and the
right of employees in other State  agencies  covered  by  the
agreement  to  positions  performing duties pertaining to the
administration  of  the  Uniform  Disposition  of   Unclaimed
Property Act, shall not be abridged.
    The  State Treasurer shall continue to honor during their
pendency all bargaining agreements in effect at the  time  of
the  transfer  and  to  recognize  all  collective bargaining
representatives for the employees who perform or will perform
functions transferred by this amendatory Act  of  1999.   For
all  purposes  with respect to the management of the existing
agreement and the negotiation and management of any successor
agreements, the State Treasurer shall be  deemed  to  be  the
employer  of  employees who perform or will perform functions
transferred to the Office of  the  State  Treasurer  by  this
amendatory Act of 1999; provided that the Illinois Department
of  Central  Management  Services  shall  be  a  party to any
grievance or arbitration  proceeding  held  pursuant  to  the
provisions  of  the  collective  bargaining  agreement  which
involves  the  movement  of  employees from the Office of the
State Treasurer to an agency under the  jurisdiction  of  the
Governor covered by the agreement.

    (15 ILCS 505/0.04 new)
    Sec. 0.04.  Transfer of property.
    (a)  Except  as  provided in subsection (b), all real and
personal property, including but not limited  to  all  books,
records, and documents, and all unexpended appropriations and
pending  business  pertaining  to  the  administration of the
Uniform  Disposition  of  Unclaimed  Property  Act  shall  be
transferred and delivered to the  State  Treasurer  effective
July 1, 1999.
    (b)  In  the  case  of  books, records, or documents that
pertain both to the administration of the Uniform Disposition
of Unclaimed Property Act and to a function retained  by  the
Department of Financial Institutions, the State Treasurer, in
consultation  with  the  Director  of Financial Institutions,
shall determine whether  the  books,  records,  or  documents
shall  be transferred, copied, or left with the Department of
Financial Institutions; until  this  determination  has  been
made, the transfer shall not take effect.
    In  the  case  of property or an unexpended appropriation
that pertains both  to  the  administration  of  the  Uniform
Disposition  of  Unclaimed  Property  Act  and  to a function
retained by the Department  of  Financial  Institutions,  the
State   Treasurer,  in  consultation  with  the  Director  of
Financial Institutions, shall determine whether the  property
or unexpended appropriation shall be transferred, divided, or
left  with  the  Department  of Financial Institutions; until
this determination has been made (and,  in  the  case  of  an
unexpended  appropriation,  notice  of  the determination has
been filed with the State  Comptroller), the  transfer  shall
not take effect.

    (15 ILCS 505/0.05 new)
    Sec. 0.05.  Rules and standards.
    (a)  The   rules  and  standards  of  the  Department  of
Financial Institutions that are in effect on  June  30,  1999
and  pertain to the administration of the Uniform Disposition
of  Unclaimed  Property  Act  shall  become  the  rules   and
standards  of  the  State Treasurer on July 1, 1999 and shall
continue in effect until amended or  repealed  by  the  State
Treasurer.
    (b)  Any  rules  pertaining  to the administration of the
Uniform Disposition of Unclaimed Property Act that have  been
proposed by the Department of Financial Institutions but have
not  taken  effect  or  been finally adopted by June 30, 1999
shall become proposed rules of the State Treasurer on July 1,
1999, and any rulemaking procedures that  have  already  been
completed  by  the  Department of Financial Institutions need
not be repeated.
    (c)  As soon as practical after July 1, 1999,  the  State
Treasurer  shall  revise and clarify the rules transferred to
it  under  this  amendatory  Act  of  1999  to  reflect   the
reorganization  of  rights,  powers,  duties,  and  functions
effected  by this amendatory Act of 1999 using the procedures
for recodification of  rules  available  under  the  Illinois
Administrative  Procedure  Act,  except  that existing title,
part, and section numbering for the  affected  rules  may  be
retained.
    (d)  As  soon as practical after July 1, 1999, the Office
of Banks  and  Real  Estate  and  the  Office  of  the  State
Treasurer  shall  jointly  promulgate  rules  to  reflect the
transfer of examination functions to the Office of Banks  and
Real  Estate  under  this  amendatory  Act  of 1999 using the
procedures  available  under  the   Illinois   Administrative
Procedure Act.
    (e)  As  soon  as  practical  after  July  1,  1999,  the
Department  of  Financial  Institutions and the Office of the
State Treasurer shall jointly promulgate rules to reflect the
retention of  examination  functions  by  the  Department  of
Financial  Institutions  under  this  amendatory  Act of 1999
using   the   procedures   available   under   the   Illinois
Administrative Procedure Act.

    (15 ILCS 505/0.06 new)
    Sec. 0.06.  Savings provisions.
    (a)  The   rights,   powers,   duties,   and    functions
transferred  to  the  State  Treasurer or the Commissioner of
Banks and Real Estate by this amendatory Act of 1999 shall be
vested in  and  exercised  by  the  State  Treasurer  or  the
Commissioner   of  Banks  and  Real  Estate  subject  to  the
provisions of this amendatory Act of 1999.  An  act  done  by
the  State  Treasurer  or  the Commissioner of Banks and Real
Estate or  an  officer,  employee,  or  agent  of  the  State
Treasurer or the Commissioner of Banks and Real Estate in the
exercise  of  the  transferred  rights,  powers,  duties,  or
functions  shall have the same legal effect as if done by the
Department of Financial Institutions or an officer, employee,
or agent of the Department of Financial Institutions prior to
the effective date of this amendatory Act of 1999.
    (b)  The  transfer  of  rights,   powers,   duties,   and
functions to the State Treasurer or the Commissioner of Banks
and  Real  Estate  under this amendatory Act of 1999 does not
invalidate any previous action taken by or in respect to  the
Department   of   Financial  Institutions  or  its  officers,
employees,  or  agents.   References  to  the  Department  of
Financial Institutions or its officers, employees  or  agents
in  any  document,  contract,  agreement,  or  law  shall, in
appropriate  contexts,  be  deemed  to  refer  to  the  State
Treasurer or the Commissioner of Banks and Real Estate or the
officers, employees, or agents of the State Treasurer or  the
Commissioner of Banks and Real Estate.
    (c)  The   transfer   of   rights,  powers,  duties,  and
functions from the Department of  Financial  Institutions  to
the  State  Treasurer  or  the Commissioner of Banks and Real
Estate under this amendatory Act of 1999 does not affect  the
rights, obligations, or duties of any other person or entity,
including any civil or criminal penalties applicable thereto,
arising  out of those transferred rights, powers, duties, and
functions.
    (d)  With respect to matters that  pertain  to  a  right,
power,  duty,  or function transferred to the State Treasurer
under this amendatory Act of 1999:
         (1)  Beginning July 1, 1999, any  report  or  notice
    that  was previously  required to be made or given by any
    person to the Department of Financial Institutions or any
    of its officers, employees, or agents under  the  Uniform
    Disposition   of   Unclaimed   Property   Act   or  rules
    promulgated pursuant to that Act shall be made  or  given
    in  the  same manner to the State Treasurer or his or her
    appropriate officer, employee, or agent.
         (2)  Beginning July 1, 1999, any document  that  was
    previously  required  to  be  furnished  or served by any
    person  to  or   upon   the   Department   of   Financial
    Institutions or any of its officers, employees, or agents
    under  the  Uniform Disposition of Unclaimed Property Act
    or rules  promulgated  pursuant  to  that  Act  shall  be
    furnished  or  served  in  the same manner to or upon the
    State  Treasurer  or  his  or  her  appropriate  officer,
    employee, or agent.
    (e)  This amendatory Act of 1999 does not affect any  act
done,   ratified,   or   canceled,  any  right  occurring  or
established, or any action or proceeding had or commenced  in
an  administrative,  civil,  or criminal cause before July 1,
1999.  Any such action or proceeding  that  pertains  to  the
Uniform  Disposition  of  Unclaimed  Property  Act  or  rules
promulgated  pursuant to that Act and that is pending on that
date may be prosecuted, defended, or continued by  the  State
Treasurer.

    Section  10.   The Financial Institutions Code is amended
by adding Section 18.1 as follows:

    (20 ILCS 1205/18.1 new)
    Sec.  18.1.   Transfer  of  administration   of   Uniform
Disposition  of  Unclaimed  Property  Act to State Treasurer.
The rights, powers,  duties,  and  functions  vested  in  the
Department   of  Financial  Institutions  to  administer  the
Uniform Disposition of Unclaimed Property Act are transferred
to the State Treasurer on July 1,  1999  in  accordance  with
Sections  0.02  through  0.06  of  the  State  Treasurer Act;
provided, however,  that  the  rights,  powers,  duties,  and
functions  involving  the  examination  of the records of any
person that the State Treasurer has  reason  to  believe  has
failed to report properly under this Act shall be transferred
to  the  Office  of  Banks  and  Real Estate if the person is
regulated by the Office of Banks and Real  Estate  under  the
Illinois  Banking  Act,  the  Corporate  Fiduciary  Act,  the
Foreign Banking Office Act, the Illinois Savings and Loan Act
of 1985, or the Savings Bank Act and shall be retained by the
Department  of  Financial Institutions if the person is doing
business in the State under the supervision of the Department
of  Financial  Institutions,  the   National   Credit   Union
Administration,  the  Office  of  Thrift  Supervision, or the
Comptroller of the Currency.

    Section 12.  The State Finance Act is amended by changing
Section 8.12 as follows:

    (30 ILCS 105/8.12) (from Ch. 127, par. 144.12)
    Sec. 8.12. State Pensions Fund.
    (a)  The moneys in the State Pensions Fund shall be  used
exclusively for the administration of the Uniform Disposition
of Unclaimed Property Act and for the payment of a portion of
the required State contributions to the designated retirement
systems.
    "Designated retirement systems" means:
         (1)  the   State  Employees'  Retirement  System  of
    Illinois;
         (2)  the Teachers' Retirement System of the State of
    Illinois;
         (3)  the State Universities Retirement System;
         (4)  the Judges Retirement System of Illinois; and
         (5)  the General Assembly Retirement System.
    (b)  Each   year   the   General   Assembly   may    make
appropriations   from   the   State  Pensions  Fund  for  the
administration  of  the  Uniform  Disposition  of   Unclaimed
Property Act.
    Each  month,  the Commissioner of the Office of Banks and
Real Estate shall certify to the State Treasurer  the  actual
expenditures  that  the  Office  of  Banks  and  Real  Estate
incurred conducting unclaimed property examinations under the
Uniform  Disposition  of  Unclaimed  Property  Act during the
immediately  preceding  month.   Within  a  reasonable   time
following  the  acceptance of such certification by the State
Treasurer,  the  State   Treasurer   shall   pay   from   its
appropriation  from  the  State Pensions Fund to the Bank and
Trust Company Fund and the Savings  and  Residential  Finance
Regulatory  Fund an amount equal to the expenditures incurred
by each Fund for that month.
    Each month, the Director of Financial Institutions  shall
certify  to  the State Treasurer the actual expenditures that
the Department of Financial Institutions incurred  conducting
unclaimed property examinations under the Uniform Disposition
of  Unclaimed  Property  Act during the immediately preceding
month.  Within a reasonable time following the acceptance  of
such   certification   by  the  State  Treasurer,  the  State
Treasurer shall pay from its  appropriation  from  the  State
Pensions  Fund  to  the  Financial  Institutions Fund and the
Credit  Union  Fund  an  amount  equal  to  the  expenditures
incurred by each Fund for that month.
    (c)  Each year the General Assembly shall  appropriate  a
total  amount equal to the balance in the State Pensions Fund
at the close of business on June 30 of the  preceding  fiscal
year,   less  $5,000,000,  as  part  of  the  required  State
contributions to  the  designated  retirement  systems.   The
amount  of  the  appropriation  to each designated retirement
system shall constitute a portion of the total  appropriation
under  this subsection for that fiscal year which is the same
as that retirement system's portion of  the  total  actuarial
reserve   deficiency   of   the  systems,  as  most  recently
determined by the Bureau of the Budget.
    (d)  The  Bureau  of  the  Budget  shall  determine   the
individual  and  total reserve deficiencies of the designated
retirement systems.  For this  purpose,  the  Bureau  of  the
Budget shall utilize the latest available audit and actuarial
reports  of  each  of the retirement systems and the relevant
reports and statistics of the Public  Employee  Pension  Fund
Division of the Department of Insurance.
    (e)  The  changes to this Section made by this amendatory
Act of 1994 shall first apply to distributions from the  Fund
for State fiscal year 1996.
(Source: P.A. 87-838; 88-593, eff. 8-22-94.)

    Section  15.   The  Illinois  Banking  Act  is amended by
changing Sections 48 and 65 as follows:

    (205 ILCS 5/48) (from Ch. 17, par. 359)
    Sec. 48. Commissioner's powers; duties.  The Commissioner
shall have the powers and authority, and is charged with  the
duties  and  responsibilities  designated  in this Act, and a
State bank shall not be subject to any other visitorial power
other than as authorized by this Act, except those vested  in
the courts, or upon prior consultation with the Commissioner,
a  foreign  bank  regulator  with  an appropriate supervisory
interest in the parent or affiliate of a state bank.  In  the
performance of the Commissioner's duties:
    (1)  The  Commissioner shall call for statements from all
State banks as provided in  Section  47  at  least  one  time
during each calendar quarter.
    (2) (a)  The  Commissioner,  as often as the Commissioner
shall deem necessary or proper, and no less  frequently  than
18  months following the preceding examination, shall appoint
a suitable person or persons to make an  examination  of  the
affairs  of  every State bank, except that for every eligible
State bank, as defined by  regulation,  the  Commissioner  in
lieu  of  the  examination may accept on an alternating basis
the examination made by the eligible State bank's appropriate
federal banking agency pursuant to Section 111 of the Federal
Deposit  Insurance  Corporation  Improvement  Act  of   1991,
provided the appropriate federal banking agency has made such
an  examination.   A  person  so  appointed  shall  not  be a
stockholder or officer or employee of  any  bank  which  that
person  may  be directed to examine, and shall have powers to
make a thorough examination into all the affairs of the  bank
and  in  so doing to examine any of the officers or agents or
employees thereof on oath and shall make a full and  detailed
report  of the condition of the bank to the Commissioner.  In
making  the  examination  the  examiners  shall  include   an
examination of the affairs of all the affiliates of the bank,
as  defined in subsection (b) of Section 35.2 of this Act, as
shall be necessary to disclose fully the  conditions  of  the
affiliates, the relations between the bank and the affiliates
and  the  effect  of  those relations upon the affairs of the
bank, and in connection therewith shall have power to examine
any of the officers, directors, agents, or employees  of  the
affiliates on oath.  After May 31, 1997, the Commissioner may
enter  into  cooperative  agreements  with  state  regulatory
authorities  of  other  states  to provide for examination of
State bank branches in those states, and the Commissioner may
accept reports of examinations of State  bank  branches  from
those   state  regulatory  authorities.    These  cooperative
agreements may set forth the manner in which the other  state
regulatory  authorities  may  be compensated for examinations
prepared for and submitted to the Commissioner.
    (b)  After May 31, 1997, the Commissioner  is  authorized
to examine, as often as the Commissioner shall deem necessary
or  proper, branches of out-of-state banks.  The Commissioner
may  establish  and  may  assess  fees  to  be  paid  to  the
Commissioner for examinations under this subsection (b).  The
fees shall be borne by the out-of-state bank, unless the fees
are borne by the state regulatory  authority  that  chartered
the   out-of-state  bank,  as  determined  by  a  cooperative
agreement between the Commissioner and the  state  regulatory
authority that chartered the out-of-state bank.
    (2.5)  Whenever   any   State  bank,  any  subsidiary  or
affiliate of a State bank, or after May 31, 1997, any  branch
of  an  out-of-state bank causes to be performed, by contract
or otherwise, any bank services for itself, whether on or off
its premises:
         (a)  that   performance   shall   be   subject    to
    examination  by the Commissioner to the same extent as if
    services were being performed by the bank or,  after  May
    31,  1997,  branch of the out-of-state bank itself on its
    own premises; and
         (b)  the bank or, after May 31, 1997, branch of  the
    out-of-state  bank  shall  notify the Commissioner of the
    existence of a service  relationship.   The  notification
    shall  be submitted with the first statement of condition
    (as required by Section 47 of this  Act)  due  after  the
    making  of the service contract or the performance of the
    service, whichever occurs first.  The Commissioner  shall
    be  notified  of  each  subsequent  contract  in the same
    manner.
    For purposes of this subsection  (2.5),  the  term  "bank
services"  means  services  such  as  sorting  and posting of
checks and deposits, computation and posting of interest  and
other credits and charges, preparation and mailing of checks,
statements,   notices,   and  similar  items,  or  any  other
clerical, bookkeeping, accounting,  statistical,  or  similar
functions  performed  for  a  State  bank,  including but not
limited to electronic data processing related to  those  bank
services.
    (3)  The expense of administering this Act, including the
expense  of  the  examinations  of State banks as provided in
this Act, shall to the extent of the amounts  resulting  from
the  fees  provided  for in paragraphs (a), (a-2), and (b) of
this subsection (3) be assessed  against  and  borne  by  the
State banks:
         (a)  Each  bank shall pay to the Commissioner a Call
    Report Fee which shall be paid in quarterly  installments
    equal to one-fourth of the sum of the annual fixed fee of
    $800,  plus  a  variable fee based on the assets shown on
    the quarterly statement of  condition  delivered  to  the
    Commissioner  in  accordance  with  Section  47  for  the
    preceding  quarter  according  to the following schedule:
    16¢ per $1,000 of the first $5,000,000 of  total  assets,
    15¢  per  $1,000 of the next $20,000,000 of total assets,
    13¢ per $1,000 of the next $75,000,000  of total  assets,
    9¢  per  $1,000 of the next $400,000,000 of total assets,
    7¢ per $1,000 of the next $500,000,000 of  total  assets,
    and   5¢   per   $1,000   of  all  assets  in  excess  of
    $1,000,000,000, of the State bank. The  Call  Report  Fee
    shall be calculated by the Commissioner and billed to the
    banks  for  remittance  at  the  time  of  the  quarterly
    statements  of  condition provided for in Section 47. The
    Commissioner may require payment of the fees provided  in
    this  Section  by  an  electronic transfer of funds or an
    automatic debit of an account of each of the State banks.
    In case more than one examination of any bank  is  deemed
    by  the  Commissioner  to be necessary in any examination
    frequency cycle specified  in  subsection  2(a)  of  this
    Section,   and   is   performed  at  his  direction,  the
    Commissioner may assess a reasonable  additional  fee  to
    recover the cost of the additional examination; provided,
    however,  that an examination conducted at the request of
    the State Treasurer pursuant to the  Uniform  Disposition
    of  Unclaimed  Property  Act shall not be deemed to be an
    additional examination under this Section. In lieu of the
    method and amounts set forth in this  paragraph  (a)  for
    the  calculation of the Call Report Fee, the Commissioner
    may specify by rule that the Call Report Fees provided by
    this Section may be assessed semiannually or  some  other
    period and may provide in the rule the formula to be used
    for  calculating  and  assessing the periodic Call Report
    Fees to be paid by State banks.
         (a-1)  If in the  opinion  of  the  Commissioner  an
    emergency  exists or appears likely, the Commissioner may
    assign an examiner or examiners to monitor the affairs of
    a  State  bank   with   whatever   frequency   he   deems
    appropriate,  including but not limited to a daily basis.
    The reasonable and necessary expenses of the Commissioner
    during the period of the monitoring shall be borne by the
    subject bank.  The Commissioner shall furnish  the  State
    bank  a statement of time and expenses if requested to do
    so within 30 days of the  conclusion  of  the  monitoring
    period.
         (a-2)  On  and after January 1, 1990, the reasonable
    and  necessary  expenses  of  the   Commissioner   during
    examination   of   the  performance  of  electronic  data
    processing services under subsection (2.5) shall be borne
    by the banks for which the  services  are  provided.   An
    amount,  based  upon  a  fee  structure prescribed by the
    Commissioner, shall be paid by the banks  or,  after  May
    31,  1997,  branches  of out-of-state banks receiving the
    electronic data processing services along with  the  Call
    Report   Fee   assessed   under  paragraph  (a)  of  this
    subsection (3).
         (a-3)  After  May  31,  1997,  the  reasonable   and
    necessary expenses of the Commissioner during examination
    of the performance of electronic data processing services
    under  subsection  (2.5)  at  or on behalf of branches of
    out-of-state banks shall be  borne  by  the  out-of-state
    banks,  unless  those  expenses  are  borne  by the state
    regulatory authorities that  chartered  the  out-of-state
    banks,  as  determined  by cooperative agreements between
    the Commissioner and  the  state  regulatory  authorities
    that chartered the out-of-state banks.
         (b)  "Fiscal  year"  for purposes of this Section 48
    is defined as a period beginning July 1 of any  year  and
    ending  June  30 of the next year. The Commissioner shall
    receive for each fiscal year, commencing with the  fiscal
    year  ending June 30, 1987, a contingent fee equal to the
    lesser of the aggregate of the fees  paid  by  all  State
    banks  under  paragraph  (a)  of  subsection (3) for that
    year, or the amount, if any, whereby the aggregate of the
    administration expenses, as defined in paragraph (c), for
    that fiscal year exceeds the sum of the aggregate of  the
    fees  payable  by  all  State  banks  for that year under
    paragraph  (a)  of  subsection  (3),  plus  any   amounts
    transferred into the Bank and Trust Company Fund from the
    State Pensions Fund for that year, plus all other amounts
    collected  by  the  Commissioner  for that year under any
    other provision of this Act, plus the  aggregate  of  all
    fees  collected  for  that year by the Commissioner under
    the Corporate Fiduciary Act, excluding  the  receivership
    fees  provided  for  in  Section  5-10  of  the Corporate
    Fiduciary Act, and the Foreign Banking  Office  Act.  The
    aggregate  amount  of  the contingent fee thus arrived at
    for  any  fiscal  year  shall  be  apportioned   amongst,
    assessed  upon,  and  paid by the State banks and foreign
    banking   corporations,   respectively,   in   the   same
    proportion that the fee of each under  paragraph  (a)  of
    subsection  (3), respectively, for that year bears to the
    aggregate for that  year  of  the  fees  collected  under
    paragraph  (a) of subsection (3). The aggregate amount of
    the  contingent  fee,  and  the  portion  thereof  to  be
    assessed  upon  each  State  bank  and  foreign   banking
    corporation,  respectively,  shall  be  determined by the
    Commissioner and shall be  paid  by  each,  respectively,
    within  120 days of the close of the period for which the
    contingent fee  is  computed  and  is  payable,  and  the
    Commissioner  shall  give  20  days advance notice of the
    amount of the contingent fee payable by  the  State  bank
    and  of the date fixed by the Commissioner for payment of
    the fee.
         (c)  The "administration expenses"  for  any  fiscal
    year  shall mean the ordinary and contingent expenses for
    that year incident to making  the  examinations  provided
    for  by,  and  for otherwise administering, this Act, the
    Corporate Fiduciary Act, excluding the expenses paid from
    the Corporate Fiduciary Receivership account in the  Bank
    and  Trust  Company Fund, the Foreign Banking Office Act,
    the Electronic Fund Transfer Act, and the  Illinois  Bank
    Examiners'   Education   Foundation  Act,  including  all
    salaries  and  other  compensation  paid   for   personal
    services  rendered for the State by officers or employees
    of the State, including the Commissioner and  the  Deputy
    Commissioners,   all   expenditures   for  telephone  and
    telegraph charges, postage  and  postal  charges,  office
    stationery,  supplies  and services, and office furniture
    and equipment,  including  typewriters  and  copying  and
    duplicating  machines  and  filing equipment, surety bond
    premiums, and  travel  expenses  of  those  officers  and
    employees,  employees,  expenditures  or  charges for the
    acquisition, enlargement or improvement of,  or  for  the
    use  of,  any  office  space,  building, or structure, or
    expenditures  for  the   maintenance   thereof   or   for
    furnishing  heat,  light,  or power with respect thereto,
    all to the extent that those  expenditures  are  directly
    incidental  to  such examinations or administration.  The
    Commissioner shall not be required by paragraphs  (c)  or
    (d-1)  of  this  subsection (3) to maintain in any fiscal
    year's budget appropriated reserves for accrued  vacation
    and  accrued  sick  leave  that is required to be paid to
    employees of the Commissioner upon termination  of  their
    service  with  the Commissioner in an amount that is more
    than is reasonably anticipated to be  necessary  for  any
    anticipated  turnover in employees, whether due to normal
    attrition   or   due   to   layoffs,   terminations,   or
    resignations.
         (d)  The aggregate of  all  fees  collected  by  the
    Commissioner under this Act, the Corporate Fiduciary Act,
    or  the  Foreign  Banking Office Act on and after July 1,
    1979, shall be paid promptly after receipt of  the  same,
    accompanied  by  a  detailed  statement thereof, into the
    State treasury and shall be set apart in a  special  fund
    to  be known as the "Bank and Trust Company Fund", except
    as provided in paragraph (c) of subsection (11)  of  this
    Section.  The amount from time to time deposited into the
    Bank and Trust Company Fund shall be used to  offset  the
    ordinary  administrative  expenses of the Commissioner of
    Banks and Real Estate as defined in this Section. Nothing
    in this amendatory Act of 1979 shall  prevent  continuing
    the  practice  of  paying  expenses  involving  salaries,
    retirement,  social  security,  and  State-paid insurance
    premiums of State officers  by  appropriations  from  the
    General  Revenue Fund.  However, the General Revenue Fund
    shall be reimbursed for those payments made on and  after
    July  1,  1979,  by  an annual transfer of funds from the
    Bank and Trust Company Fund.
         (d-1)  Adequate funds shall be available in the Bank
    and Trust Company Fund to permit the  timely  payment  of
    administration  expenses.   In each fiscal year the total
    administration expenses shall be deducted from the  total
    fees  collected  by  the  Commissioner  and the remainder
    transferred into the Cash Flow  Reserve  Account,  unless
    the balance of the Cash Flow Reserve Account prior to the
    transfer  equals  or  exceeds  one-fourth  of  the  total
    initial  appropriations  from  the Bank and Trust Company
    Fund for the subsequent year, in which case the remainder
    shall be credited to  State  banks  and  foreign  banking
    corporations  and  applied  against  their  fees  for the
    subsequent year.  The amount credited to each State  bank
    and  foreign  banking  corporation  shall  be in the same
    proportion as the Call Report Fees paid by each  for  the
    year bear to the total Call Report Fees collected for the
    year.   If,  after  a  transfer  to the Cash Flow Reserve
    Account is made or  if  no  remainder  is  available  for
    transfer, the balance of the Cash Flow Reserve Account is
    less  than one-fourth of the total initial appropriations
    for the subsequent year and  the  amount  transferred  is
    less  than 5% of the total Call Report Fees for the year,
    additional amounts needed to make the transfer  equal  to
    5%  of  the  total Call Report Fees for the year shall be
    apportioned amongst, assessed upon, and paid by the State
    banks  and  foreign  banking  corporations  in  the  same
    proportion  that  the   Call   Report   Fees   of   each,
    respectively,  for the year bear to the total Call Report
    Fees collected for  the  year.   The  additional  amounts
    assessed  shall be transferred into the Cash Flow Reserve
    Account.  For  purposes  of  this  paragraph  (d-1),  the
    calculation  of  the  fees  collected by the Commissioner
    shall exclude  the  receivership  fees  provided  for  in
    Section 5-10 of the Corporate Fiduciary Act.
         (e)  The  Commissioner  may  upon request certify to
    any public record in his keeping and shall have authority
    to levy a reasonable charge for issuing certifications of
    any public record in his keeping.
         (f)  In addition to  fees  authorized  elsewhere  in
    this  Act,  the  Commissioner  may,  in connection with a
    review, approval, or  provision  of  a  service,  levy  a
    reasonable  charge  to  recover  the  cost of the review,
    approval, or service.
    (4)  Nothing contained in this Act shall be construed  to
limit  the obligation relative to examinations and reports of
any State bank, deposits in which are to any  extent  insured
by  the  United States or any agency thereof, nor to limit in
any way the powers of  the  Commissioner  with  reference  to
examinations and reports of that bank.
    (5)  The  nature  and  condition  of  the  assets  in  or
investment  of any bonus, pension, or profit sharing plan for
officers or employees of every State bank or, after  May  31,
1997,  branch  of  an out-of-state bank shall be deemed to be
included in the affairs of that State bank or  branch  of  an
out-of-state  bank subject to examination by the Commissioner
under the provisions of subsection (2) of this  Section,  and
if  the  Commissioner shall find from an examination that the
condition of or operation of the investments or assets of the
plan is unlawful, fraudulent, or unsafe, or that any  trustee
has   abused  his  trust,  the  Commissioner  shall,  if  the
situation so found by the Commissioner shall not be corrected
to his satisfaction within 60 days after the Commissioner has
given notice to the board of directors of the State  bank  or
out-of-state  bank  of  his findings, report the facts to the
Attorney General who shall  thereupon  institute  proceedings
against  the  State  bank  or out-of-state bank, the board of
directors thereof, or the trustees under  such  plan  as  the
nature of the case may require.
    (6)  The Commissioner shall have the power:
         (a)  To  promulgate reasonable rules for the purpose
    of administering the provisions of this Act.
         (b)  To   issue   orders   for   the   purpose    of
    administering  the  provisions  of  this Act and any rule
    promulgated in accordance with this Act.
         (c)  To appoint hearing officers to execute  any  of
    the powers granted to the Commissioner under this Section
    for  the  purpose  of administering this Act and any rule
    promulgated in accordance with this Act.
         (d)  To  subpoena   witnesses,   to   compel   their
    attendance,  to administer an oath, to examine any person
    under oath, and to require the production of any relevant
    books, papers, accounts, and documents in the  course  of
    and pursuant to any investigation being conducted, or any
    action being taken, by the Commissioner in respect of any
    matter relating to the duties imposed upon, or the powers
    vested  in, the Commissioner under the provisions of this
    Act or any rule promulgated in accordance with this Act.
         (e)  To conduct hearings.
    (7)  Whenever, in the opinion of  the  Commissioner,  any
director,  officer,  employee,  or  agent of a State bank or,
after May 31, 1997, of any branch  of  an  out-of-state  bank
shall  have violated any law, rule, or order relating to that
bank or shall have engaged in an unsafe or  unsound  practice
in  conducting  the  business  of  that  bank  or  shall have
violated any law or engaged or participated in any unsafe  or
unsound practice in connection with any financial institution
or  other business entity such that the character and fitness
of the director, officer, employee, or agent does not  assure
reasonable  promise  of safe and sound operation of the State
bank, the Commissioner may issue an order of removal. If,  in
the   opinion  of  the  Commissioner,  any  former  director,
officer, employee, or agent of a State  bank,  prior  to  the
termination  of  his  or her service with that bank, violated
any law, rule, or  order  relating  to  that  State  bank  or
engaged  in  an  unsafe or unsound practice in conducting the
business of that bank or  violated  any  law  or  engaged  or
participated  in any unsafe or unsound practice in connection
with any financial institution or other business entity  such
that  the  character  and  fitness  of the director, officer,
employee, or agent would not have assured reasonable  promise
of   safe   and  sound  operation  of  the  State  bank,  the
Commissioner may issue an order prohibiting that person  from
further service with a bank as a director, officer, employee,
or  agent.  An order issued pursuant to this subsection shall
be served upon the director, officer, employee, or  agent.  A
copy  of the order shall be sent to each director of the bank
affected by registered  mail.  The  person  affected  by  the
action  may  request a hearing before the State Banking Board
within 10 days after receipt of the order  of  removal.   The
hearing  shall  be held by the Board within 30 days after the
request has been received by the Board. The Board shall  make
a  determination  approving,  modifying,  or disapproving the
order  of  the  Commissioner  as  its  final   administrative
decision.  If a hearing is held by the Board, the Board shall
make its determination within 60 days from the conclusion  of
the  hearing.  Any person affected by a decision of the Board
under this subsection (7) of Section 48 of this Act may  have
the  decision  reviewed only under and in accordance with the
Administrative Review Law  and  the  rules  adopted  pursuant
thereto.  A  copy  of the order shall also be served upon the
bank of which he is a director, officer, employee, or  agent,
whereupon he shall cease to be a director, officer, employee,
or  agent  of  that  bank.   The Commissioner may institute a
civil action against the director, officer, or agent  of  the
State  bank  or,  after  May  31,  1997, of the branch of the
out-of-state bank against whom any order provided for by this
subsection (7) of  this  Section  48  has  been  issued,  and
against  the  State bank or, after May 31, 1997, out-of-state
bank, to enforce compliance with or to enjoin  any  violation
of  the  terms  of  the  order.  Any  person who has been the
subject of an order of removal or  an  order  of  prohibition
issued  by  the Commissioner under this subsection or Section
5-6 of the Corporate Fiduciary Act may not  thereafter  serve
as director, officer, employee, or agent of any State bank or
of  any  branch of any out-of-state bank, or of any corporate
fiduciary, as defined in  Section  1-5.05  of  the  Corporate
Fiduciary  Act,  or  of  any  other entity that is subject to
licensure or regulation by the Commissioner or the Office  of
Banks  and  Real  Estate  unless the Commissioner has granted
prior approval in writing.
    (8)  The Commissioner may impose civil penalties of up to
$10,000  against  any  person  for  each  violation  of   any
provision  of  this  Act,  any rule promulgated in accordance
with this Act,  any order of the Commissioner, or  any  other
action which in the Commissioner's discretion is an unsafe or
unsound banking practice.
    (9)  The Commissioner may impose civil penalties of up to
$100  against any person for the first failure to comply with
reporting requirements set forth in the report of examination
of the bank and up to $200  for  the  second  and  subsequent
failures to comply with those reporting requirements.
    (10)  All   final   administrative   decisions   of   the
Commissioner  hereunder  shall  be subject to judicial review
pursuant to the provisions of the Administrative Review  Law.
For  matters  involving administrative review, venue shall be
in either Sangamon County or Cook County.
    (11)  The endowment fund for the Illinois Bank Examiners'
Education Foundation shall be administered as follows:
         (a)  (Blank).
         (b)  The  Foundation   is   empowered   to   receive
    voluntary  contributions,  gifts,  grants,  bequests, and
    donations on  behalf  of  the  Illinois  Bank  Examiners'
    Education   Foundation  from  national  banks  and  other
    persons for the purpose of funding the endowment  of  the
    Illinois Bank Examiners' Education Foundation.
         (c)  The  aggregate  of all special educational fees
    collected by the Commissioner and  property  received  by
    the   Commissioner   on   behalf  of  the  Illinois  Bank
    Examiners' Education  Foundation  under  this  subsection
    (11)  on  or  after  June  30,  1986, shall be either (i)
    promptly paid after receipt of the same, accompanied by a
    detailed statement thereof, into the State  Treasury  and
    shall  be set apart in a special fund to be known as "The
    Illinois Bank Examiners' Education Fund" to  be  invested
    by  either  the Treasurer of the State of Illinois in the
    Public  Treasurers'  Investment  Pool  or  in  any  other
    investment he is authorized to make or  by  the  Illinois
    State Board of Investment as the board of trustees of the
    Illinois  Bank Examiners' Education Foundation may direct
    or  (ii)  deposited  into  an  account  maintained  in  a
    commercial bank or corporate fiduciary in the name of the
    Illinois Bank Examiners' Education Foundation pursuant to
    the order and direction of the Board of Trustees  of  the
    Illinois Bank Examiners' Education Foundation.
    (12)  (Blank).
(Source: P.A.  89-208,  eff.  9-29-95;  89-317, eff. 8-11-95;
89-508, eff.  7-3-96;  89-567,  eff.  7-26-96;  89-626,  eff.
8-9-96; 90-14, eff. 7-1-97; 90-301, eff. 8-1-97; 90-665, eff.
7-30-98.)

    (205 ILCS 5/65) (from Ch. 17, par. 377)
    Sec.  65.   Dividends;  dissolution.  From  time  to time
during a receivership other than a receivership conducted  by
the  Federal  Deposit Insurance Corporation, the Commissioner
shall make and pay from monies of the bank a ratable dividend
on all claims as may be proved to his or her satisfaction  or
adjudicated  by  the  court.  Claims so proven or adjudicated
shall bear interest at the rate of 3% per annum from the date
of the appointment of the receiver to the  date  of  payment,
but  all  dividends  on  a  claim  shall  be applied first to
principal. In computing the amount  of  any  dividend  to  be
paid, if the Commissioner deems it desirable in the interests
of  economy of administration and to the interest of the bank
and its creditors, he or she may pay up to the amount of  $10
of  each  claim  or  unpaid  portion  thereof in full. As the
proceeds of the assets of  the  bank  are  collected  in  the
course  of  liquidation,  the Commissioner shall make and pay
further  dividends  on  all  claims  previously   proven   or
adjudicated.  After  one year from the entry of a judgment of
dissolution, all unclaimed dividends shall be remitted to the
State  Treasurer  Director  of  Financial   Institutions   in
accordance   with   the  "Uniform  Disposition  of  Unclaimed
Property Act", as now or hereafter amended, together  with  a
list  of all unpaid claimants, their last known addresses and
the amounts unpaid.
(Source: P.A. 89-364, eff. 8-18-95.)

    Section 17.  The Illinois Credit Union Act is amended  by
changing Section 62 as follows:

    (205 ILCS 305/62) (from Ch. 17, par. 4463)
    Sec.  62.   Liquidation.  (1) A credit union may elect to
dissolve voluntarily and liquidate its affairs in the  manner
prescribed in this Section.
    (2)  The  Board  of  Directors  shall  adopt a resolution
recommending the credit union be dissolved  voluntarily,  and
directing  that  the  question of liquidating be submitted to
the members.
    (3)  Within 10 days after the Board of Directors  decides
to  submit  the  question  of liquidation to the members, the
Chairman or President shall notify the Director  thereof,  in
writing,  setting  forth the reasons for the proposed action.
Within 10 days after the  members  act  on  the  question  of
liquidation,  the  Chairman  or  President  shall  notify the
Director, in writing, as  to  whether  or  not   the  members
approved  the  proposed  liquidation.  The Director then must
determine whether this Section has been complied with and  if
his  decision is favorable, he shall prepare a certificate to
the effect that this Section has been complied with,  a  copy
of  which  will  be  retained by the Department and the other
copy forwarded to the credit union.  The certificate must  be
filed  with  the  recorder or if there is no recorder, in the
office of the County Clerk of the County or Counties in which
the credit union is operating,  whereupon  the  credit  union
must   cease   operations  except  for  the  purpose  of  its
liquidation.
    (4)  As  soon  as  the  Board  of  Directors   passes   a
resolution  to  submit  the  question  of  liquidation to the
members, payment on shares, withdrawal of shares, making  any
transfer  of shares to loans and interest, making investments
of any kind and granting loans  shall  be  suspended  pending
action  by  members.    On  approval  by  the members of such
proposal,  all   such   operations   shall   be   permanently
discontinued.   The  necessary  expenses  of operating shall,
however, continue to be paid on authorization of the Board of
Directors or the  Liquidating  Agent  during  the  period  of
liquidation.
    (5)  For  a  credit union to enter voluntary liquidation,
it must be approved by affirmative vote of the members owning
a majority of the shares entitled to vote, in  person  or  by
proxy,  at  a  regular  or  special  meeting  of the members.
Notice, in writing, shall be given to each member,  by  first
class  mail,  at  least  10  days  prior to such meeting.  If
liquidation is approved, the Board of Directors shall appoint
a  Liquidating  Agent  for  the  purpose  of  conserving  and
collecting the assets, closing  the  affairs  of  the  credit
union and distributing the assets as required by this Act.
    (6)  A   liquidating   credit  union  shall  continue  in
existence  for  the  purpose  of   discharging   its   debts,
collecting  and  distributing  its assets, and doing all acts
required in order to terminate its operations and may sue and
be  sued  for  the  purpose  of  enforcing  such  debts   and
obligations until its affairs are fully adjusted.
    (7)  Subject   to  such  rules  and  regulations  as  the
Director may promulgate, the Liquidating Agent shall use  the
assets of the credit union to pay; first, expenses incidental
to   liquidating  including  any  surety  bond  that  may  be
required; then, liabilities of the credit union; then special
classes of  shares.   The  remaining  assets  shall  then  be
distributed  to  the  members  proportionately  to the dollar
value of the shares held by each member in  relation  to  the
total  dollar  value of all shares outstanding as of the date
the dissolution was voted.
    (8)  As soon as the Liquidating Agent determines that all
assets as to which there is a reasonable expectancy  of  sale
or transfer have been liquidated and distributed as set forth
in   this   Section,   he  shall  execute  a  Certificate  of
Dissolution on a form prescribed by the Department  and  file
the  same,  together  with all pertinent books and records of
the liquidating credit union with the  Department,  whereupon
such  credit union shall be dissolved.  The Liquidating Agent
must, within 3 years after issuance of a certificate  by  the
Director  referred  to  in  Subsection  (3)  of this Section,
discharge  the  debts  of  the  credit  union,  collect   and
distribute  its assets and do all other acts required to wind
up its business.
    (9)  If the  Director  determines  that  the  Liquidating
Agent   has   failed  to  make  reasonable  progress  in  the
liquidating of the credit union's affairs and distribution of
its assets or has violated this Act, the  Director  may  take
possession  and  control  of  the credit union and remove the
Liquidating Agent and appoint a Liquidating Agent to complete
the  liquidation  under  his  direction  and  control.    The
Director  shall  fill  any vacancy caused by the resignation,
death, illness, removal, desertion or incapacity to  function
of the Liquidating Agent.
    (10)  Any  funds  representing  unclaimed  dividends  and
shares in liquidation and remaining in the hands of the Board
of  Directors  or  the  Liquidating  Agent  at the end of the
liquidation must be deposited  by  them,  together  with  all
books  and  papers  of the credit union, with the Department.
Such funds must be deposited by the Department with the State
Treasurer in  compliance  with  the  Uniform  Disposition  of
Unclaimed Property Act, approved August 17, 1961, as amended.
(Source: P.A. 83-358.)

    Section  18.   The  Currency  Exchange  Act is amended by
changing Section 19.3 as follows:

    (205 ILCS 405/19.3) (from Ch. 17, par. 4838)
    Sec. 19.3.  (A) The General  Assembly  hereby  finds  and
declares:    community   currency  exchanges  and  ambulatory
currency exchanges provide important and  vital  services  to
Illinois  citizens.   In  so  doing,  they transact extensive
business involving check cashing and  the  writing  of  money
orders in communities in which banking services are generally
unavailable.   Customers  of  currency  exchanges who receive
these  services  must  be  protected   from   being   charged
unreasonable  and unconscionable rates for cashing checks and
purchasing  money  orders.   The   Illinois   Department   of
Financial  Institutions has the responsibility for regulating
the operations of currency exchanges and has the expertise to
determine reasonable maximum rates to be  charged  for  check
cashing  and  money order purchases.  Therefore, it is in the
public interest, convenience, welfare and good  to  have  the
Department  establish  reasonable  maximum rate schedules for
check cashing and the issuance of money orders and to require
community and ambulatory currency  exchanges  to  prominently
display  to the public the fees charged for all services. The
Director shall review, each year, the cost  of  operation  of
the Currency Exchange Division and the revenue generated from
currency  exchange  examinations  and  report  to the General
Assembly if the need exists  for  an  increase  in  the  fees
mandated  by  this  Act  to  maintain  the  Currency Exchange
Division at a fiscally self-sufficient level.   The  Director
shall  include  in  such  report  the  total  amount of funds
remitted to the State and delivered to the State Treasurer by
currency exchanges pursuant to  the  Uniform  Disposition  of
Unclaimed Property Act.
    (B)  The  Director  shall, by rules adopted in accordance
with the Illinois Administrative Procedure Act, expeditiously
formulate and issue schedules  of  reasonable  maximum  rates
which  can  be charged for check cashing and writing of money
orders  by  community  currency  exchanges   and   ambulatory
currency exchanges.
         (1)  In  determining  the maximum rate schedules for
    the purposes of this Section the Director shall take into
    account:
              (a)  Rates charged in the past for the  cashing
         of  checks  and  the  issuance  of  money  orders by
         community and ambulatory currency exchanges.
              (b)  Rates charged by banks or  other  business
         entities  for rendering the same or similar services
         and the factors upon which those rates are based.
              (c)  The  income,  cost  and  expense  of   the
         operation of currency exchanges.
              (d)  Rates  charged  by  currency  exchanges or
         other similar entities located in other  states  for
         the  same  or  similar services and the factors upon
         which those rates are based.
              (e)  Rates charged by the United States  Postal
         Service  for  the  issuing  of  money orders and the
         factors upon which those rates are based.
              (f)  A  reasonable  profit   for   a   currency
         exchange operation.
         (2)  (a)  The  schedule  of reasonable maximum rates
    established pursuant to this Section may be  modified  by
    the  Director from time to time pursuant to rules adopted
    in accordance with the Illinois Administrative  Procedure
    Act.
         (b)  Upon  the filing of a verified petition setting
    forth  allegations  demonstrating  reasonable  cause   to
    believe  that  the  schedule  of maximum rates previously
    issued and promulgated should be adjusted,  the  Director
    shall expeditiously:
              (i)  reject   the   petition  if  it  fails  to
         demonstrate reasonable  cause  to  believe  that  an
         adjustment is necessary; or
              (ii)  conduct such hearings, in accordance with
         this  Section,  as  may  be  necessary  to determine
         whether the petition should be granted in  whole  or
         in part.
         (c)  No   petition   may   be   filed   pursuant  to
    subparagraph (a)  of  paragraph  (2)  of  subsection  (B)
    unless:
              (i)  at  least  nine  months have expired since
         the last promulgation of schedules of maximum rates;
         and
              (ii)  at  least  one-fourth  of  all  community
         currency exchange licensees join in a  petition  or,
         in  the  case  of  ambulatory  currency exchanges, a
         licensee or licensees authorized to serve  at  least
         100 locations join in a petition.
    (3)  Any  currency  exchange  may  charge lower fees than
those of the applicable maximum  fee  schedule  after  filing
with  the Director a schedule of fees it proposes to use.
(Source: P.A. 88-45.)

    Section  20.   The  Corporate Fiduciary Act is amended by
changing Section 6-14 as follows:

    (205 ILCS 620/6-14) (from Ch. 17, par. 1556-14)
    Sec. 6-14.  From time to  time  during  receivership  the
Commissioner  shall make and pay from monies of the corporate
fiduciary a ratable dividend on all claims as may  be  proved
to  his  or  her  satisfaction  or  adjudicated by the court.
After one year from the entry of a judgment  of  dissolution,
all  unclaimed  dividends  shall  be  remitted  to  the State
Treasurer Director of Financial  Institutions  in  accordance
with  the  Uniform  Disposition of Unclaimed Property Act, as
now or hereafter amended, together with a list of all  unpaid
claimants, their last known addresses and the amounts unpaid.
(Source: P.A. 85-858.)

    Section  25.   The  Illinois Insurance Code is amended by
changing Section 210 as follows:

    (215 ILCS 5/210) (from Ch. 73, par. 822)
    Sec. 210.  Distribution  of  assets;  priorities;  unpaid
dividends.
    (1)  Any  time after the last day fixed for the filing of
proofs of claims in the liquidation of a company,  the  court
may,  upon  the  application of the Director authorize him to
declare out of the funds remaining in his hands, one or  more
dividends  upon  all  claims  allowed  in accordance with the
priorities established in Section 205.
    (2)  Where there has been no adjudication of  insolvency,
the  Director  shall  pay  all  allowed  claims  in  full  in
accordance  with  the  priorities  set  forth in Section 205.
The director shall  not  be  chargeable  for  any  assets  so
distributed  to  any claimant who has failed to file a proper
proof of claim before such distribution has been made.
    (3)  When subsequent to an  adjudication  of  insolvency,
pursuant  to  Section  208, a surplus is found to exist after
the payment in full of all allowed claims falling within  the
priorities set forth in paragraphs (a),(b),(c), (d), (e), (f)
and  (g) of subsection (1) of Section 205 and which have been
duly filed prior to  the  last  date  fixed  for  the  filing
thereof,  and  after  the setting aside of a reserve for  all
additional  costs and expenses of the proceeding,  the  court
shall  set  a  new  date for the filing of claims.  After the
expiration of the new date, all allowed claims  filed  on  or
before  said  new  date  together with all previously allowed
claims falling within the priorities set forth in  paragraphs
(h) and (i) of subsection (1) of Section 205 shall be paid in
accordance with the priorities set forth in Section 205.
    (4)  Dividends remaining unclaimed or unpaid in the hands
of  the  Director  for  6  months  after  the  final order of
distribution may be by him deposited in one or  more  savings
and   loan  associations,  State  or  national  banks,  trust
companies or savings banks to the  credit  of  the  Director,
whomsoever  he  may  be,  in  trust  for  the person entitled
thereto, but no such person shall be entitled to any interest
upon such deposit.  All such deposits shall  be  entitled  to
priority of payment in case of the insolvency or voluntary or
involuntary liquidation of the depositary on an equality with
any  other priority given by the banking law.  Any such funds
together with interest, if any,  paid  or  credited  thereon,
remaining and unclaimed in the hands of the Director in Trust
after  2  years  shall be presumed abandoned and reported and
delivered  to  the  State  Treasurer  Director  of  Financial
Institutions and become subject  to  the  provisions  of  the
Uniform Disposition of Unclaimed Property Act.
(Source: P.A. 88-297; 89-206, eff. 7-21-95.)

    Section  30.   The  Probate  Act  of  1975  is amended by
changing Sections 2-1 and 2-2 as follows:

    (755 ILCS 5/2-1) (from Ch. 110 1/2, par. 2-1)
    Sec.  2-1.   Rules  of  descent  and  distribution.   The
intestate real and personal estate of a resident decedent and
the intestate real estate in  this  State  of  a  nonresident
decedent,  after all just claims against his estate are fully
paid, descends and shall be distributed as follows:
    (a)  If there is a surviving spouse and also a descendant
of the decedent: 1/2 of the entire estate  to  the  surviving
spouse and 1/2 to the decedent's descendants per stirpes.
    (b)  If  there is no surviving spouse but a descendant of
the  decedent:   the  entire   estate   to   the   decedent's
descendants per stirpes.
    (c)  If  there is a surviving spouse but no descendant of
the decedent:  the entire estate to the surviving spouse.
    (d)  If there is no surviving spouse or descendant but  a
parent,  brother, sister or descendant of a brother or sister
of the decedent: the entire estate to the  parents,  brothers
and  sisters  of the decedent in equal parts, allowing to the
surviving parent if one is dead a double portion and  to  the
descendants  of  a deceased brother or sister per stirpes the
portion which the deceased brother or sister would have taken
if living.
    (e)  If there is no surviving spouse, descendant, parent,
brother, sister or descendant of a brother or sister  of  the
decedent  but a grandparent or descendant of a grandparent of
the decedent: (1) 1/2 of the entire estate to the  decedent's
maternal  grandparents  in  equal parts or to the survivor of
them, or if there is none surviving, to their descendants per
stirpes, and (2) 1/2 of the entire estate to  the  decedent's
paternal  grandparents  in  equal parts or to the survivor of
them, or if there is none surviving, to their descendants per
stirpes. If there is no  surviving  paternal  grandparent  or
descendant   of   a  paternal  grandparent,  but  a  maternal
grandparent or descendant of a maternal  grandparent  of  the
decedent:   the  entire  estate  to  the  decedent's maternal
grandparents in equal parts or to the survivor of them, or if
there is none surviving, to their descendants per stirpes. If
there is no surviving maternal grandparent or descendant of a
maternal  grandparent,  but   a   paternal   grandparent   or
descendant  of  a  paternal grandparent of the decedent:  the
entire estate to  the  decedent's  paternal  grandparents  in
equal  parts  or to the survivor of them, or if there is none
surviving, to their descendants per stirpes.
    (f)  If there is no surviving spouse, descendant, parent,
brother,  sister,  descendant  of  a  brother  or  sister  or
grandparent or descendant of a grandparent of  the  decedent:
(1)  1/2  of  the  entire  estate  to the decedent's maternal
great-grandparents in equal parts or to the survivor of them,
or if there is  none  surviving,  to  their  descendants  per
stirpes,  and  (2) 1/2 of the entire estate to the decedent's
paternal great-grandparents in equal parts or to the survivor
of them, or if there is none surviving, to their  descendants
per   stirpes.    If   there   is   no   surviving   paternal
great-grandparent     or    descendant    of    a    paternal
great-grandparent,  but  a  maternal   great-grandparent   or
descendant  of  a maternal great-grandparent of the decedent:
the   entire    estate    to    the    decedent's    maternal
great-grandparents in equal parts or to the survivor of them,
or  if  there  is  none  surviving,  to their descendants per
stirpes.  If there is no surviving maternal great-grandparent
or descendant of a maternal great-grandparent, but a paternal
great-grandparent    or    descendant    of    a     paternal
great-grandparent  of the decedent:  the entire estate to the
decedent's paternal great-grandparents in equal parts  or  to
the survivor of them, or if there is none surviving, to their
descendants per stirpes.
    (g)  If there is no surviving spouse, descendant, parent,
brother,   sister,   descendant   of  a  brother  or  sister,
grandparent, descendant of a  grandparent,  great-grandparent
or  descendant  of  a  great-grandparent of the decedent: the
entire estate in equal parts to the nearest  kindred  of  the
decedent in equal degree (computing by the rules of the civil
law) and without representation.
    (h)  If there is no surviving spouse and no known kindred
of  the  decedent:  the real estate escheats to the county in
which it is located; the personal estate  physically  located
within  this State and the personal estate physically located
or held outside this State which is the subject of  ancillary
administration  of  an  estate being administered within this
State escheats to the county of  which  the  decedent  was  a
resident,  or,  if  the  decedent  was not a resident of this
State, to the county  in  which  it  is  located;  all  other
personal   property  of  the  decedent  of  every  class  and
character, wherever situate, or the proceeds  thereof,  shall
escheat to this State and be delivered to the State Treasurer
Director  of  Financial Institutions of the State pursuant to
the Uniform Disposition of Unclaimed Property Act.
    In no case is there any distinction between  the  kindred
of the whole and the half blood.
(Source: P.A. 81-400.)

    (755 ILCS 5/2-2) (from Ch. 110 1/2, par. 2-2)
    Sec.   2-2.  Illegitimates.    The   intestate  real  and
personal estate of a resident decedent who  was  illegitimate
at  the  time  of death and the intestate real estate in this
State of a nonresident decedent who was illegitimate  at  the
time  of  death, after all just claims against his estate are
fully paid, descends and shall be distributed as provided  in
Section  2-1,  subject  to Section 2-6.5 of this Act, if both
parents are eligible  parents.   As  used  in  this  Section,
"eligible  parent" means a parent of the decedent who, during
the decedent's lifetime, acknowledged  the  decedent  as  the
parent's  child, established a parental relationship with the
decedent, and supported the decedent as the  parent's  child.
"Eligible  parents"  who  are  in arrears of in excess of one
year's  child  support  obligations  shall  not  receive  any
property benefit or other interest of the decedent unless and
until a court of competent jurisdiction makes a determination
as to the effect on the deceased of the arrearage and  allows
a  reduced  benefit.  In no event shall the  reduction of the
benefit or other interest be less than the  amount  of  child
support  owed  for the support of the decedent at the time of
death.  The court's considerations shall include but are  not
limited  to the considerations in subsections (1) through (3)
of Section 2-6.5 of this Act.
    If neither parent is an eligible  parent,  the  intestate
real  and  personal  estate  of  a  resident decedent who was
illegitimate at the time of  death  and  the  intestate  real
estate  in  this  State  of  a  nonresident  decedent who was
illegitimate at the time of  death,  after  all  just  claims
against  his or her estate are fully paid, descends and shall
be distributed as provided in Section 2-1, but the parents of
the decedent shall  be  treated  as  having  predeceased  the
decedent.
    If  only  one parent is an eligible parent, the intestate
real and personal estate  of  a  resident  decedent  who  was
illegitimate  at  the  time  of  death and the intestate real
estate in this  State  of  a  nonresident  decedent  who  was
illegitimate  at  the  time  of  death, after all just claims
against his or her estate are fully paid, subject to  Section
2-6.5  of  this  Act,  descends  and  shall be distributed as
follows:
    (a)  If there is a surviving spouse and also a descendant
of the decedent:  1/2 of the entire estate to  the  surviving
spouse and 1/2 to the decedent's descendants per stirpes.
    (b)  If  there is no surviving spouse but a descendant of
the  decedent:   the  entire   estate   to   the   decedent's
descendants per stirpes.
    (c)  If  there is a surviving spouse but no descendant of
the decedent:  the entire estate to the surviving spouse.
    (d)  If there is no surviving spouse  or  descendant  but
the eligible parent or a descendant of the eligible parent of
the  decedent:   the entire estate to the eligible parent and
the  eligible  parent's  descendants,  allowing  1/2  to  the
eligible parent and 1/2 to the eligible parent's  descendants
per stirpes.
    (e)  If   there   is  no  surviving  spouse,  descendant,
eligible parent, or descendant of the eligible parent of  the
decedent,  but a grandparent on the eligible parent's side of
the family or descendant of such grandparent of the decedent:
the entire estate  to  the  decedent's  grandparents  on  the
eligible  parent's  side  of the family in equal parts, or to
the survivor of them, or if there is none surviving, to their
descendants per stirpes.
    (f)  If  there  is  no  surviving   spouse,   descendant,
eligible   parent,   descendant   of   the  eligible  parent,
grandparent on the eligible parent's side of the  family,  or
descendant  of  such grandparent of the decedent:  the entire
estate to the decedent's great-grandparents on  the  eligible
parent's side of the family in equal parts or to the survivor
of  them, or if there is none surviving, to their descendants
per stirpes.
    (g)  If  there  is  no  surviving   spouse,   descendant,
eligible   parent,   descendant   of   the  eligible  parent,
grandparent on the eligible  parent's  side  of  the  family,
descendant  of  such  grandparent,  great-grandparent  on the
eligible parent's side of the family, or descendant  of  such
great-grandparent  of  the  decedent:   the  entire estate in
equal parts to the nearest kindred of the eligible parent  of
the  decedent  in equal degree (computing by the rules of the
civil law) and without representation.
    (h)  If there is  no  surviving  spouse,  descendant,  or
eligible  parent  of the decedent and no known kindred of the
eligible parent of the decedent: the real estate escheats  to
the  county  in  which  it  is  located;  the personal estate
physically located within this State and the personal  estate
physically  located  or  held outside this State which is the
subject  of  ancillary  administration  within   this   State
escheats  to  the county of which the decedent was a resident
or, if the decedent was not a resident of this State, to  the
county  in  which it is located;  all other personal property
of the  decedent  of  every  class  and  character,  wherever
situate, or the proceeds thereof, shall escheat to this State
and be delivered to the State Treasurer Director of Financial
Institutions   of   this   State   pursuant  to  the  Uniform
Disposition of Unclaimed Property Act.
    For purposes of inheritance, the  changes  made  by  this
amendatory  Act  of 1998 apply to all decedents who die on or
after the effective date of this amendatory Act of 1998.  For
the purpose of determining the property rights of any  person
under any instrument, the changes made by this amendatory Act
of  1998  apply  to  all instruments executed on or after the
effective date of this amendatory Act of 1998.
    An illegitimate person is heir of his mother and  of  any
maternal  ancestor  and  of  any  person from whom his mother
might have inherited, if living; and the  descendants  of  an
illegitimate  person  shall represent such person and take by
descent any estate which the  parent  would  have  taken,  if
living.   If  a  decedent  has  acknowledged  paternity of an
illegitimate person or if during his lifetime  or  after  his
death  a  decedent  has  been adjudged to be the father of an
illegitimate person, that person is heir of his father and of
any paternal ancestor and of any person  from whom his father
might have inherited, if living; and the  descendants  of  an
illegitimate  person  shall represent that person and take by
descent any estate which the  parent  would  have  taken,  if
living.   If during his lifetime the decedent was adjudged to
be the father  of  an  illegitimate  person  by  a  court  of
competent jurisdiction, an authenticated copy of the judgment
is  sufficient proof of the paternity; but in all other cases
paternity must be proved by clear and convincing evidence.  A
person who was illegitimate whose parents intermarry and  who
is  acknowledged  by  the  father  as  the  father's child is
legitimate. After an illegitimate  person  is  adopted,  that
person's  relationship  to  his  or  her adopting and natural
parents shall be governed by Section 2-4 of  this  Act.   For
purposes  of inheritance, the changes made by this amendatory
Act of 1997 apply to  all  decedents  who  die  on  or  after
January 1, 1998.  For the purpose of determining the property
rights  of  any person under any instrument, the changes made
by this amendatory Act  of  1997  apply  to  all  instruments
executed on or after January 1, 1998.
(Source: P.A. 90-237, eff. 1-1-98; 90-803, eff. 12-15-98.)

    Section   35.    The  Uniform  Disposition  of  Unclaimed
Property Act is amended by changing Sections 1, 2, 10.5,  11,
11.5,  12,  13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 23.5,
24, 24.5, 25, 25.5 and 26 and adding Section 0.05 as follows:

    (765 ILCS 1025/0.05 new)
    Sec. 0.05.  Transfer  of  powers.   The  rights,  powers,
duties,  and  functions vested in the Department of Financial
Institutions to administer this Act are  transferred  to  the
State  Treasurer  on July 1, 1999 in accordance with Sections
0.02 through 0.06  of  the  State  Treasurer  Act;  provided,
however,  that  the  rights,  powers,  duties,  and functions
involving the examination of the records of any  person  that
the  State  Treasurer  has  reason  to  believe has failed to
report properly under this Act shall be  transferred  to  the
Office of Banks and Real Estate if the person is regulated by
the  Office  of  Banks  and  Real  Estate  under the Illinois
Banking Act, the Corporate Fiduciary Act, the Foreign Banking
Office Act, the Illinois Savings and Loan Act of 1985, or the
Savings Bank Act and shall be retained by the  Department  of
Financial Institutions if the person is doing business in the
State  under  the  supervision of the Department of Financial
Institutions, the National Credit Union  Administration,  the
Office  of  Thrift  Supervision,  or  the  Comptroller of the
Currency.

    (765 ILCS 1025/1) (from Ch. 141, par. 101)
    Sec.  1.  As  used  in  this  Act,  unless  the   context
otherwise requires:
    (a)  "Banking   organization"   means   any  bank,  trust
company, savings  bank,  industrial  bank,  land  bank,  safe
deposit company, or a private banker.
    (b)  "Business  association" means any corporation, joint
stock  company,   business   trust,   partnership,   or   any
association,  limited  liability  company,  or other business
entity consisting of one or more persons, whether or not  for
profit.
    (c)  "Financial  organization" means any savings and loan
association, building and  loan  association,  credit  union,
currency   exchange,  co-operative  bank,  mutual  funds,  or
investment company.
    (d)  "Holder" means any person in possession of  property
subject  to  this Act belonging to another, or who is trustee
in case  of  a  trust,  or  is  indebted  to  another  on  an
obligation subject to this Act.
    (e)  "Life  insurance  corporation" means any association
or corporation transacting the business of insurance  on  the
lives   of   persons   or   insurance  appertaining  thereto,
including, but not  by  way  of  limitation,  endowments  and
annuities.
    (f)  "Owner"  means  a  depositor in case of a deposit, a
beneficiary in case of a  trust,  a  creditor,  claimant,  or
payee in case of other property, or any person having a legal
or equitable interest in property subject to this Act, or his
legal representative.
    (g)  "Person" means any individual, business association,
financial  organization,  government or political subdivision
or agency, public authority,  estate,  trust,  or  any  other
legal or commercial entity.
    (h)  "Utility" means any person who owns or operates, for
public  use,  any  plant,  equipment, property, franchise, or
license  for  the  transmission  of  communications  or   the
production,   storage,   transmission,   sale,  delivery,  or
furnishing of electricity, water, steam, oil or gas.
    (i)  (Blank).  "Director"  means  the  Director  of   the
Illinois Department of Financial Institutions.
    (j)  "Insurance company" means any person transacting the
kinds  of  business  enumerated  in Section 4 of the Illinois
Insurance Code other than life insurance.
    (k)  "Economic loss", as used in Sections  2a  and  9  of
this  Act  includes, but is not limited to, delivery charges,
mark-downs  and  write-offs,   carrying   costs,   restocking
charges, lay-aways, special orders, issuance of credit memos,
and  the  costs  of  special  services or goods provided that
reduce the property  value  or  that  result  in  lost  sales
opportunity.
    (l)  "Reportable  property"  means  property, tangible or
intangible, presumed abandoned under this Act  that  must  be
appropriately  and timely reported and remitted to the Office
of the State Treasurer Department under this  Act.  Interest,
dividends,  stock  splits,  warrants,  or  other  rights that
become  reportable  property  under  this  Act  include   the
underlying security or commodity giving rise to the interest,
dividend,  split,  warrant, or other right to which the owner
would be entitled.
(Source: P.A. 89-604, eff. 8-2-96; 90-167, eff. 7-23-97.)

    (765 ILCS 1025/2) (from Ch. 141, par. 102)
    Sec. 2.  The  following  property  held  or  owing  by  a
banking or financial organization is presumed abandoned:
    (a)  Any  demand, savings, or matured time deposit with a
banking organization, together with any interest or  dividend
thereon, excluding any charges that may lawfully be withheld,
unless the owner has, within 5 years:
         (1)  Increased   or  decreased  the  amount  of  the
    deposit, or  presented  the  passbook  or  other  similar
    evidence of the deposit for the crediting of interest; or
         (2)  Corresponded   in   writing  with  the  banking
    organization concerning the deposit; or
         (3)  Otherwise indicated an interest in the  deposit
    as  evidenced  by  a  memorandum on file with the banking
    organization.
    (b)  Any funds paid toward the purchase  of  withdrawable
shares  or other interest in a financial organization, or any
deposit  made,  and  any  interest  or   dividends   thereon,
excluding  any  charges that may be lawfully withheld, unless
the owner has within 5 years:
         (1)  Increased or decreased the amount of the funds,
    or deposit, or presented an appropriate  record  for  the
    crediting of interest or dividends; or
         (2)  Corresponded  in  writing  with  the  financial
    organization concerning the funds or deposit; or
         (3)  Otherwise indicated an interest in the funds or
    deposit  as  evidenced  by  a memorandum on file with the
    financial organization.
    (c)  Any sum payable on checks or on written  instruments
on  which  a  banking  or  financial organization or business
association  is  directly  liable  including,   by   way   of
illustration  but not of limitation, certificates of deposit,
drafts, money orders and  travelers  checks,  that  with  the
exception  of  travelers checks has been outstanding for more
than 5 years from the date it was payable, or from  the  date
of  its  issuance  if  payable  on demand, or, in the case of
travelers checks, that has been outstanding for more than  15
years  from  the  date  of its issuance, unless the owner has
within 5 years or within 15 years in the  case  of  travelers
checks  corresponded in writing with the banking or financial
organization  or  business  association  concerning  it,   or
otherwise  indicated an interest as evidenced by a memorandum
on  file  with  the  banking  or  financial  organization  or
business association.
    (d)  Any funds or other personal  property,  tangible  or
intangible,  removed  from  a  safe  deposit box or any other
safekeeping repository or agency or collateral deposit box on
which  the  lease  or  rental  period  has  expired  due   to
nonpayment  of rental charges or other reason, or any surplus
amounts arising from the sale thereof pursuant to  law,  that
have  been  unclaimed by the owner for more than 5 years from
the date  on  which  the  lease  or  rental  period  expired,
subject   to  lien  of  the holder for reimbursement of costs
incurred in the opening of a safe deposit box  as  determined
by the holder's regular schedule of charges.
    (e)  Notwithstanding any other provision of this Section,
no deposit except passbook, checking, NOW accounts, super NOW
accounts,  money market accounts, or such similar accounts as
established by Rule of the State Treasurer Director, held  by
a   banking  or  financial  organization  shall  be  presumed
abandoned if with respect to such a deposit which specifies a
definite maturity date, such organization was  authorized  in
writing  to  extend or rollover the account for an additional
like period  and  such  organization  does  so  extend.  Such
deposits  are  not  presumed abandoned less than 5 years from
that final maturity date. Property of any  kind  held  in  an
individual retirement account (IRA) is not presumed abandoned
earlier than 5 years after the owner attains the age at which
distributions from the account become mandatory under law.
    (f)  Notwithstanding any other provision of this Section,
money  of  a minor deposited pursuant to Section 24-21 of the
Probate Act of 1975 shall not be presumed  abandoned  earlier
than  5  years after the minor attains legal age.  Such money
shall be deposited in an account  which  shall  indicate  the
birth date of the minor.
(Source: P.A.  89-604,  eff.  8-2-96;  90-167,  eff. 7-23-97;
90-796, eff. 12-15-98.)

    (765 ILCS 1025/10.5)
    Sec. 10.5.  Nonapplicability of Act.
    (a)  Unless the personal property  was  identified  in  a
final   examination  report  by  the  Director  of  Financial
Institutions issued pursuant to a duly authorized examination
and the final examination report was received by  the  holder
on  or  before  May  1,  1993, this Act does not apply to (i)
travelers checks reportable as unclaimed property before July
1, 1973, (ii) funds held by  any  federal,  state,  or  local
government   or  governmental  subdivision,  agency,  entity,
officer,  or  appointee  thereof  reportable   as   unclaimed
property  before  July  1,  1981, or (iii) any other personal
property reportable as  unclaimed  property  before  July  1,
1985, based upon the presumptive abandonment period in effect
on that date.
    (b)  For  reports required to be filed after December 31,
1993, this Act does not  apply  to  any  reportable  personal
property  held  prior  to the period required for presumptive
abandonment of the property  plus  the  9  years  immediately
preceding the beginning of that period.
    (c)  Subsections  (a)  and  (b)  do not apply to property
held by a trust division or trust department or  by  a  trust
company,  or  affiliate of any of the foregoing that provides
nondealer corporate  custodial  services  for  securities  or
securities  transactions, organized under the laws of this or
another state or the United States.
    As of January 1,  1998,  this  subsection  shall  not  be
applicable  unless  the  Department of Financial Institutions
has commenced, but  not  finalized,  an  examination  of  the
holder  as  of  that  date  and the property is included in a
final examination  report  for  the  period  covered  by  the
examination.
    (d)  Subsections  (a)  and  (b)  do not apply to property
held by a holder who files a fraudulent report  or  fails  to
file a report.
    (e)  Subsections (a) and (b) do not apply if, as a result
of  their application, another state would have a legal right
to  delivery  of  the  property  and  such  other  state  has
commenced proceedings with respect to the property.
(Source: P.A. 90-167, eff. 7-23-97.)

    (765 ILCS 1025/11) (from Ch. 141, par. 111)
    Sec. 11.  (a) Except as otherwise provided in  subsection
(c)  of  Section  4,  every  person  holding  funds  or other
property, tangible or intangible,  presumed  abandoned  under
this  Act  shall  report  and  remit  all  abandoned property
specified in the report to the State Treasurer Director  with
respect  to  the property as hereinafter provided.  The State
Treasurer  Director  may  exempt  any  businesses  from   the
reporting requirement if he deems such businesses unlikely to
be holding unclaimed property.
    (b)  The  information  shall  be  obtained in one or more
reports as required by the  State  Treasurer  Director.   The
information shall be verified and shall include:
         (1)  The   name,  social  security  or  federal  tax
    identification number, if known, and last known  address,
    including  zip  code,  of  each person appearing from the
    records of the holder to be the owner of any property  of
    the  value  of  $25 or more presumed abandoned under this
    Act;
         (2)  In case of unclaimed funds  of  life  insurance
    corporations  the  full  name  of  the  insured  and  any
    beneficiary  or  annuitant  and  the  last  known address
    according to the life insurance corporation's records;
         (3)  The date  when  the  property  became  payable,
    demandable,  or  returnable,  and  the  date  of the last
    transaction with the owner with respect to the  property;
    and
         (4)  Other  information  which  the  State Treasurer
    Director  prescribes  by  rule  as  necessary   for   the
    administration of this Act.
    (c)  If the person holding property presumed abandoned is
a successor to other persons who previously held the property
for  the  owner,  or if the holder has changed his name while
holding the property, he shall file with his report all prior
known names and addresses of each holder of the property.
    (d)  The report and remittance of the property  specified
in  the  report  shall  be  filed  by  banking organizations,
financial organizations, insurance companies other than  life
insurance  corporations,  and  governmental  entities  before
November  1  of  each  year as of June 30 next preceding. The
report and remittance of the property specified in the report
shall be filed by business associations, utilities, and  life
insurance  corporations  before  May  1  of  each  year as of
December 31 next preceding.  The Director  may  postpone  the
reporting date upon written request by any person required to
file a report.
    (e)  Before  filing  the  annual  report,  the  holder of
property presumed abandoned under this Act shall  communicate
with  the  owner  at his last known address if any address is
known to the holder,  setting  forth  the  provisions  hereof
necessary to occur in order to prevent abandonment from being
presumed.   If the holder has not communicated with the owner
at his last known  address  at  least  120  days  before  the
deadline for filing the annual report, the holder shall mail,
at  least  60  days  before  that deadline, a letter by first
class mail to the owner at his last known address unless  any
address   is  shown  to  be  inaccurate,  setting  forth  the
provisions hereof necessary to prevent abandonment from being
presumed.
    (f)  Verification, if made by  a  partnership,  shall  be
executed   by   a  partner;  if  made  by  an  unincorporated
association or private corporation, by  an  officer;  and  if
made by a public corporation, by its chief fiscal officer.
    (g)  Any  person  who has possession of property which he
has reason to believe will be reportable  in  the  future  as
unclaimed  property,  may  report and deliver it prior to the
date required for such  reporting  in  accordance  with  this
Section and is then relieved of responsibility as provided in
Section 14.
    (h) (1)  Records  pertaining  to  presumptively abandoned
property held by a trust division or trust department or by a
trust company, or affiliate of  any  of  the  foregoing  that
provides   nondealer   corporate   custodial   services   for
securities  or  securities  transactions, organized under the
laws of this or another state or the United States  shall  be
retained  until  the  property  is  delivered  to  the  State
Treasurer Director.
    As  of January 1, 1998, this subdivision (h)(1) shall not
be applicable unless the Department of Financial Institutions
has commenced, but  not  finalized,  an  examination  of  the
holder  as  of  that  date  and the property is included in a
final examination  report  for  the  period  covered  by  the
examination.
    (2)  In  the  case of all other holders commencing on the
effective date of  this  amendatory  Act  of  1993,  property
records  for  the period required for presumptive abandonment
plus the 9 years immediately preceding the beginning of  that
period  shall  be retained for 5 years after the property was
reportable.
    (i)  The State Treasurer Director  may  promulgate  rules
establishing  the  format and media to be used by a holder in
submitting reports required under this Act.
(Source: P.A. 90-167, eff. 7-23-97.)

    (765 ILCS 1025/11.5)
    Sec. 11.5. Estimation techniques and record retention.
    (a)  If a holder has failed to retain records as required
by this Act or if  the  records  retained  are  shown  to  be
insufficient  to  conduct  and  conclude  an examination, the
Office of the State Treasurer Department may  use  estimation
techniques that conform to either Generally Accepted Auditing
Standards  or  Generally  Accepted  Accounting  Principles to
determine the amount of unclaimed property.  In  the  conduct
of  an examination, the State Department shall not request of
a holder any records that relate only to property that  under
subsection  (a) or (b) of Section 10.5 is not subject to this
Act.
    (b)  Within 15 business days of the receipt  of  a  final
examination report, a holder may request a hearing to contest
the   use   or   validity   of  estimation  techniques.   The
examination shall become final upon the failure of the holder
to request a hearing as  provided  in  this  Section.   If  a
hearing  is held, the State Treasurer Director shall issue an
order approving or disapproving the use or  validity  of  the
estimation  techniques.   The  order  shall  be a final order
under the Administrative Review Law.
(Source: P.A. 88-435.)

    (765 ILCS 1025/12) (from Ch. 141, par. 112)
    Sec. 12.  (a)  Within 120 days from  the  filing  of  the
annual   report   and  delivery  of  the  abandoned  property
specified in the report as required by Section 11, the  State
Treasurer Director shall cause notice to be published once in
an  English  language newspaper of general circulation in the
county in this State in  which  is  located  the  last  known
address  of  any  person  to  be named in the notice.   If no
address is listed or if the address is  outside  this  State,
the  notice  shall  be  published  in the county in which the
holder of the abandoned property has his principal  place  of
business  within  this  State.  However,  if  an out-of-state
address is in a state that is not a  party  to  a  reciprocal
agreement  with this State concerning abandoned property, the
notice may be published in the Illinois Register.
    (b)  The published notice shall be  entitled  "Notice  of
Names   of  Persons  Appearing  to  be  Owners  of  Abandoned
Property", and shall contain:
         (1)  The names in alphabetical order and last  known
    addresses,  if  any,  of persons listed in the report and
    entitled to notice  within  the  county  as  hereinbefore
    specified.
         (2)  A  statement  that  information  concerning the
    amount or description of the property and  the  name  and
    address  of  the  holder  may  be obtained by any persons
    possessing an interest in the property by  addressing  an
    inquiry to the State Treasurer Director.
         (3)  A  statement  that  the  abandoned property has
    been  placed  in  the  custody  of  the  State  Treasurer
    Director to whom all further claims  must  thereafter  be
    directed.
    (c)  The  State  Treasurer  Director  is  not required to
publish in such notice any item of less than $100 or any item
for which the address of the last known owner is in  a  state
that  has  a  reciprocal agreement with this State concerning
abandoned property unless he deems such publication to be  in
the public interest.
(Source: P.A. 90-167, eff. 7-23-97.)

    (765 ILCS 1025/13) (from Ch. 141, par. 113)
    Sec. 13.  Every person who has filed a report as provided
by  Section  11 shall deliver to the State Treasurer Director
all abandoned property specified in the annual report on  the
same  date  that  the  annual  report  is  filed.   Costs for
communicating with owners by mail as required  by  subsection
(e) of Section 11 may be deducted from the property specified
in  the  report. Any such person, who pursuant to a statutory
requirement,  filed  a  bond  or  bonds  pertaining  to  such
abandoned property with the State Treasurer Director  or  his
predecessor,  may  also  deduct  an amount equivalent to that
part of the  bond  premium  attributable  to  such  abandoned
property.
(Source: P.A. 90-167, eff. 7-23-97.)

    (765 ILCS 1025/14) (from Ch. 141, par. 114)
    Sec.  14.  Upon  the  payment  or  delivery  of abandoned
property to the State Treasurer  Director,  the  state  shall
assume  custody  and shall be responsible for the safekeeping
thereof. Any person who pays or delivers  abandoned  property
to the State Treasurer Director under this Act is relieved of
all  liability  to the extent of the value of the property so
paid or delivered for any claim which then  exists  or  which
thereafter may arise or be made in respect to the property.
    In  the  event  legal  proceedings  are instituted by any
other state or states in any  state  or  federal  court  with
respect  to  unclaimed funds or abandoned property previously
paid or delivered to the State Treasurer Director, the holder
shall  give  written  notification  to  the  State  Treasurer
Director and the Attorney  General  of  this  state  of  such
proceedings  within  10  days after service of process, or in
the alternative at least 10 days before the  return  date  or
date  on  which  an answer or similar pleading is due (or any
extension  thereof  secured  by  the  holder).  The  Attorney
General may  take  such  action  as  he  deems  necessary  or
expedient  to protect the interests of the State of Illinois.
The Attorney General by written notice prior  to  the  return
date  or  date  on which an answer or similar pleading is due
(or any extension thereof secured by the holder), but in  any
event  in reasonably sufficient time for the holder to comply
with the directions received, shall either direct the  holder
actively  to  defend  in  such proceedings or that no defense
need be entered  in  such  proceedings.  If  a  direction  is
received  from  the Attorney General that the holder need not
make a defense, such  shall  not  preclude  the  holder  from
entering  a  defense  in its own name if it should so choose.
However, any defense made by the holder on its own initiative
shall not entitle the holder to reimbursement for legal fees,
costs and  other  expenses  as  is  hereinafter  provided  in
respect  to  defenses  made pursuant to the directions of the
Attorney General. If, after the holder has actively  defended
in  such  proceedings pursuant to a direction of the Attorney
General, or has been notified  in  writing  by  the  Attorney
General  that  no  defense  need be made with respect to such
funds, a judgment is  entered  against  the  holder  for  any
amount  paid  to the State Treasurer Director under this Act,
the State Treasurer Director shall, upon being furnished with
proof of payment in satisfaction of such judgment,  reimburse
the  holder  the amount so paid. The State Treasurer director
shall also reimburse the holder for any legal fees, costs and
other directly related expenses incurred in legal proceedings
undertaken pursuant to the direction of the Attorney General.
(Source: Laws 1963, p. 1805.)

    (765 ILCS 1025/15) (from Ch. 141, par. 115)
    Sec. 15. When property is paid or delivered to the  State
Treasurer  Director under this Act, the owner is not entitled
to receive income or other  increments  accruing  thereafter,
except  that income accruing on unliquidated stock and mutual
funds after July 1, 1993, may be paid to the owner.
(Source: P.A. 87-925.)

    (765 ILCS 1025/16) (from Ch. 141, par. 116)
    Sec. 16. The expiration of any period of  time  specified
by  statute  or  court  order,  during  which  an  action  or
proceeding  may be commenced or enforced to obtain payment of
a claim for money or recovery of property, shall not  prevent
the money or property from being presumed abandoned property,
nor  affect any duty to file a report required by this Act or
to pay or deliver abandoned property to the  State  Treasurer
Director.
(Source: Laws 1961, p. 3426.)

    (765 ILCS 1025/17) (from Ch. 141, par. 117)
    Sec. 17. (a) All abandoned property, other than money and
that  property  exempted  by  paragraphs  (1) and (2) of this
subsection, delivered to the State Treasurer  Director  under
this  Act  shall  be  sold  within  a  reasonable time to the
highest bidder at public sale in whatever city in  the  State
affords  in his or her judgment the most favorable market for
the property  involved.  The  State  Treasurer  Director  may
decline  the highest bid and reoffer the property for sale if
he or she considers the price bid  insufficient.  He  or  she
need  not  offer  any  property  for sale, and may destroy or
otherwise dispose of the property, if, in his or her opinion,
the probable cost of sale exceeds the value of the  property.
Securities or commodities received by the Office of the State
Treasurer  Department  may  be  sold  by  the State Treasurer
Director through a broker or sales  agent  suitable  for  the
sale of the type of securities or commodities being sold.
         (1)  Property  which  the  State  Treasurer Director
    determines may have historical value may be,  at  his  or
    her  discretion,  loaned to a recognized exhibitor in the
    United States where it will be kept until  such  time  as
    the  State Treasurer Director orders it to be returned to
    his or her possession.
         (2)  Property  returned  to  the   State   Treasurer
    Director  shall  be  released  to  the  rightful owner or
    otherwise disposed of in accordance with this  Act.   The
    State  Treasurer  Director shall keep identifying records
    of the property so loaned, the name of rightful owner and
    the owner's last known address, if available.
    (b)  Any sale held under this Section, except a  sale  of
securities  or  commodities,  shall  be  preceded by a single
publication of notice thereof, at least 3 weeks in advance of
sale in an English language newspaper of general  circulation
in the county where the property is to be sold. When property
fails  to  sell and is offered again at a subsequent sale, no
additional notice is required for the subsequent sale.
    (c)  The purchaser at any sale  conducted  by  the  State
Treasurer  Director  pursuant to this Act shall receive title
to the property purchased, free from all claims of the  owner
or  prior  holder thereof and of all persons claiming through
or under them. The State Treasurer Director shall execute all
documents necessary to complete the transfer of title.
    (d)  The Office of the State Treasurer Department is  not
liable  for  any reduction in the value of property caused by
changing market conditions.
(Source: P.A. 89-604, eff. 8-2-96.)

    (765 ILCS 1025/18) (from Ch. 141, par. 118)
    Sec.  18.   (a)  All  funds  received  under  this   Act,
including  the  proceeds  from the sale of abandoned property
under Section 17, shall forthwith be deposited transferred by
the Director to the State Treasurer for deposit in the  State
Pensions Fund in the state treasury, except that the Director
shall  direct  the  State  Treasurer  shall  to  retain  in a
separate trust fund an amount not exceeding  $2,500,000  from
which he or she shall make prompt payment of claims he or she
duly  allows allowed by the Director as hereinafter provided.
However, should any claim be allowed or  any  refund  ordered
under  the  provisions  of this Act, in excess of $2,500,000,
the Director  shall  direct  the  State  Treasurer  shall  to
increase  the amount of such separate trust fund to an amount
necessary for prompt payment  of  such  claim  in  excess  of
$2,500,000  and the State Treasurer shall make prompt payment
thereof.  Before  making  the  deposit  the  State  Treasurer
Director shall record the name and last known address of each
person  appearing from the holders' reports to be entitled to
the abandoned property. The record  shall  be  available  for
public inspection at all reasonable business hours.
    (b)  Before making any deposit to the credit of the State
Pensions  Fund,  the State Treasurer Director may deduct: (1)
any costs in connection with sale of abandoned property,  (2)
any  costs  of mailing and publication in connection with any
abandoned property, and (3) any costs in connection with  the
maintenance of records or disposition of claims made pursuant
to this Act.  The State Treasurer Director shall semiannually
file  an  itemized  report  of  all  such  expenses  with the
Legislative Audit Commission.
(Source: P.A. 87-925.)

    (765 ILCS 1025/19) (from Ch. 141, par. 119)
    Sec. 19. Any person claiming an interest in any  property
delivered  to  the  State  under  this  Act  may file a claim
thereto or to the proceeds from the sale thereof on the  form
prescribed by the State Treasurer Director.
(Source: Laws 1961, p. 3426.)

    (765 ILCS 1025/20) (from Ch. 141, par. 120)
    Sec. 20.  (a) The State Treasurer Director shall consider
any  claim  filed  under this Act and may, in his discretion,
hold a hearing and  receive  evidence  concerning  it.   Such
hearing shall be conducted by the State Treasurer Director or
by a hearing officer designated by him.  No hearings shall be
held  if  the  payment of the claim is ordered by a court, if
the claimant is under court jurisdiction, or if the claim  is
paid  under Article XXV of the Probate Act of 1975. The State
Treasurer Director or hearing officer shall prepare a finding
and a decision  in  writing  on  each  hearing,  stating  the
substance  of any evidence heard by him, his findings of fact
in respect thereto, and the reasons for  his  decision.   The
State  Treasurer  Director  shall  review  the  findings  and
decision  of  each hearing conducted by a hearing officer and
issue a final written decision.  The final decision shall  be
a public record. Any claim of an interest in property that is
filed  pursuant to this Act shall be considered and a finding
and decision shall be issued  by  the  Office  of  the  State
Treasurer Department in a timely and expeditious manner.
    (b)  If  the  claim  is  allowed,  and after deducting an
amount not  to  exceed  $20  to  cover  the  cost  of  notice
publication   and   related   clerical  expenses,  the  State
Treasurer shall make payment forthwith, upon notification  by
the Director.
    (c)  In  order  to  carry out the purpose of this Act, no
person or company shall be entitled to a fee for  discovering
presumptively  abandoned  property  until  it has been in the
custody of the Unclaimed Property Division of the  Office  of
the  State Treasurer Department of Financial Institutions for
at least 24 months.  Fees for discovering property  that  has
been  in the custody of that division for more than 24 months
shall  be  limited  to  not  more  than  10%  of  the  amount
collected.
    This Section shall not apply to the fees of  an  attorney
at  law  duly  appointed to practice in a state of the United
States who is employed by a claimant with regard  to  probate
matters on a contractual basis.
(Source: P.A. 86-1162; 87-925.)

    (765 ILCS 1025/21) (from Ch. 141, par. 121)
    Sec.  21.  A  final  administrative decision of the State
Treasurer Director in respect  to  a  claim  filed  hereunder
shall   be   subject  to  judicial  review  pursuant  to  the
provisions of the Administrative Review  Law  and  the  rules
adopted   pursuant   thereto.    The  review  action  may  be
instituted by any person adversely affected or  aggrieved  by
the decision.
    The  Office  of  the  State  Treasurer  Department  shall
furnish  a certified transcript of the record to any party of
record upon the payment of the  actual  page  charge  of  the
record  to a commercial reporting service for the preparation
of the  transcript.   If  no  hearing  was  held,  the  State
Treasurer  Director  shall  deliver  a  copy  of his decision
stating the reasons upon  which  the  claim  was  denied  and
deliver it to any party of record within 20 days of demand.
(Source: P.A. 90-167, eff. 7-23-97.)

    (765 ILCS 1025/22) (from Ch. 141, par. 122)
    Sec.  22.  The  State Treasurer Director, after receiving
reports of property deemed abandoned pursuant  to  this  Act,
may  decline  to receive any property reported which he deems
to have a value less than  the  cost  of  giving  notice  and
holding  sale, or he may, if he deems it desirable because of
the small sum involved, postpone taking  possession  until  a
sufficient  sum  has  accumulated.  Unless  the holder of the
property is notified to the contrary within  120  days  after
filing  the  report  required  under  Section  11,  the State
Treasurer Director shall be deemed to have elected to receive
the custody of the property.
(Source: Laws 1961, p. 3426.)

    (765 ILCS 1025/23) (from Ch. 141, par. 123)
    Sec. 23.  (a) If the State Treasurer Director has  reason
to  believe  that any person has failed to report property in
accordance with this Act, he may make a demand  by  certified
mail,  return receipt requested, that such report be made and
filed with the  State  Treasurer  Director.   The  report  of
abandoned property or any other report required shall be made
and  filed  with  the State Treasurer Director within 30 days
after receipt of the demand.
    (b)  The State Director may at reasonable times and  upon
reasonable  notice  examine  the records of any person if the
State Treasurer Director has  reason  to  believe  that  such
person  has  failed  to report property that should have been
reported pursuant to this Act.  Upon  the  direction  of  the
State Treasurer to do so, the Office of Banks and Real Estate
shall, on behalf of the State, conduct the examination of the
records of any person who is regulated by the Office of Banks
and Real Estate under the Illinois Banking Act, the Corporate
Fiduciary  Act,  the Foreign Banking Office Act, the Illinois
Savings and Loan Act of 1985, or the Savings Bank  Act.  Upon
direction  of the State Treasurer to do so, the Department of
Financial Institutions shall, on behalf of the State, conduct
the examination of the records of any person  doing  business
in  the  State  under  the  supervision  of the Department of
Financial   Institutions,   the   National    Credit    Union
Administration,  the  Office  of  Thrift  Supervision, or the
Comptroller of the Currency.  The Office of  Banks  and  Real
Estate  and  the  Department  of Financial Institutions shall
conduct all examinations during the next regular  examination
of  the  person,  unless  the  State  Treasurer has reason to
believe that an accelerated examination schedule is  required
to   protect   the   State's  interest,  in  which  case  the
examination must be conducted within 90  days  of  the  State
Treasurer's direction to do so.  The Office of Banks and Real
Estate  and  the  Department  of  Financial  Institutions may
contract with third parties to ensure that  the  examinations
are   commenced  in  a  timely  manner.   The  Department  of
Financial Institutions and  the  Office  of  Banks  and  Real
Estate  shall report the results of all examinations that are
undertaken at the direction of the State Treasurer under this
Act, which may include confidential information, to the State
Treasurer in a timely manner and, upon  the  request  of  the
Treasurer,   shall   assist   in   the   evaluation   of  the
examinations.  All examinations that are not performed by the
Office  of  Banks  and  Real  Estate  or  the  Department  of
Financial  Institutions  shall  be  performed  by  the  State
Treasurer.
    (c)  The actual cost of any examination or  investigation
incurred   by  the  State  Department  in  administering  any
provision of this Act shall be borne by the  holder  examined
or investigated if:
         (1)  a written demand for a report has been made and
    the  report  has  not been properly filed within the time
    period specified in this Section, or
         (2)  a  report  has  been  received  and  additional
    property reportable under the Act is discovered  by  such
    examination or investigation.
    No  holder  shall  be  liable  to pay more than an amount
equal to the amount of reportable property discovered by such
investigation as a cost of examination or investigation.
    (d)  For all holders other than a trust division, a trust
department, a trust company, or an affiliate of any of  them,
subsection  (c)  does  not apply to any examination commenced
after the effective date of this amendatory Act of 1993.   As
of  January  1,  1998,  subsection  (c)  does not apply to an
examination of a trust division  or  trust  department  or  a
trust  company,  or  affiliate  of  any of the foregoing that
provides   nondealer   corporate   custodial   services   for
securities or securities transactions,  organized  under  the
laws of this or another state or the United States unless the
Department  of  Financial Institutions has commenced, but not
finalized, an examination of the holder as of that  date  and
the  property  is  included in a final examination report for
the period covered by the examination.
(Source: P.A. 90-167, eff. 7-23-97.)

    (765 ILCS 1025/23.5)
    Sec. 23.5.  Notice of deficiency; time; effect.
    (a)  The State Treasurer Director shall issue a Notice of
Deficiency to a holder or direct the commencement of commence
an examination of a holder with respect to a report  required
under  this  Act within 5 years after the report is filed.  A
Notice of Deficiency shall specify the additional amounts, if
known, purportedly reportable under this Act  or  state  that
those  amounts  are unknown.  If the State Treasurer Director
fails  to  issue  a  Notice  of  Deficiency  or  direct   the
commencement  of  commence  an  examination  within  the time
required by this Section, the Office of the  State  Treasurer
Department  may  not thereafter issue a Notice of Deficiency,
otherwise assert a deficiency, or seek any  other  charge  or
remedy under this Act with respect to that report.
    (b)  This  Section  does  not apply to a holder that is a
trust division or trust department or  a  trust  company,  or
affiliate  of  any  of  the foregoing that provides nondealer
corporate custodial services  for  securities  or  securities
transactions,  organized  under  the  laws of this or another
state or the United States.
    As of January 1,  1998,  this  subsection  shall  not  be
applicable  unless  the  Department of Financial Institutions
has commenced, but  not  finalized,  an  examination  of  the
holder  as  of  that  date  and the property is included in a
final examination  report  for  the  period  covered  by  the
examination.
(Source: P.A. 90-167, eff. 7-23-97.)

    (765 ILCS 1025/24) (from Ch. 141, par. 124)
    Sec. 24.  Enforcement of delivery.  If any person refuses
to  deliver  property  to  the  State  Treasurer  Director as
required under this Act, the  State  Treasurer  Director  may
bring an action in the name of the State in the circuit court
or any federal court to enforce delivery.
(Source: P.A. 90-167, eff. 7-23-97.)

    (765 ILCS 1025/24.5)
    Sec.  24.5.  Contingency  fees.  The State Department may
not enter into  a  contract  with  a  person  to  conduct  an
examination  of a holder located within the State of Illinois
under which the State Department agrees to pay such person  a
fee based upon a percentage of the property recovered for the
State  of  Illinois.   Nothing  in this Section prohibits the
Office of the State Treasurer Department from  entering  into
contracts with persons to examine holders located outside the
State  of  Illinois  under  which  the  Office  of  the State
Treasurer Department agrees to pay such persons based upon  a
percentage  of  the  property  recovered  for  the  State  of
Illinois.
(Source: P.A. 88-435.)

    (765 ILCS 1025/25) (from Ch. 141, par. 125)
    Sec.  25.   (a) Any person who fails to render any report
or perform other duties required under this Act, is guilty of
a business offense and fined not more than  $500.   Each  day
such  report  is  withheld  or  the  duties are not performed
constitutes a separate offense.
    (b)  Any person who wilfully refuses to  pay  or  deliver
abandoned   property  to  the  State  Treasurer  Director  as
required under  this  Act  shall  be  guilty  of  a  Class  B
misdemeanor.   Each day the violation continues is a separate
offense.
(Source: P.A. 79-1103.)

    (765 ILCS 1025/25.5)
    Sec. 25.5.  Administrative charges,  fees,  and  interest
charges.
    (a)  The  State  Treasurer  Director  may charge a holder
that files an unclaimed property report after the  due  date,
as  determined by the State Treasurer Director, the lesser of
$100 or $1 for each day the report remains overdue.
    (b)  The State Treasurer Director  may  charge  a  holder
that  fails  to  timely perform due diligence, as required by
this Act, $5 for each name and address  account  reported  if
35%  or more of the accounts are claimed within the 24 months
immediately following  the  filing  of  the  holder's  annual
report.
    (c)  A  holder who remits unclaimed property that is past
due or fails to  remit  unclaimed  property  pursuant  to  an
examination  by the State Department, may be charged based on
the value of the property the greater of 1% per month  or  an
annualized  rate  that is 3 percentage points above the prime
rate as published in the Wall Street  Journal  on  the  first
business day of the month in which the property was remitted.
If the property remains past due for more than 12 months, the
interest rate for each succeeding year shall be calculated at
the  greater  of an annual rate of 12% or 3 percentage points
above the prime rate. The prime  rate  applied  shall  be  as
published  on  the  first  business  day  of  January of that
successive year.
    (d)  The State Treasurer Director may grant an  extension
of  time  to  any  holder  to report or remit when the holder
submits a written request for an extension before the date  a
report or remittance is due.
    (e)  Whenever  the  State  Treasurer  Director  charges a
holder or assesses a fee provided for  in  this  Section,  he
shall  serve notice upon the holder by personal service or by
delivering the  notice  by  certified  mail,  return  receipt
required,  through  the  United  States Postal Service to the
holder.
    (f)  A holder may contest a charge or other fee issued by
the State Treasurer Director  by  requesting  in  writing  an
administrative hearing within 15 business days of the receipt
of  the  State Treasurer's Director's notice of the charge or
fee.   The  hearing  shall  be  held  at  a  time  and  place
designated by the State Treasurer Director.
    (g)  The State Treasurer's Director's finding  subjecting
a  holder to a charge or other fee shall become a final order
under the Administrative Review Law upon the failure  of  the
holder to demand a hearing within 15 business days.
    (h)  If  a  hearing is held, the State Treasurer Director
shall issue an order affirming, modifying, or overruling  the
charge  or other fee.  The order shall be a final order under
the Administrative Review Law.
    (i)  A holder shall not be charged for failing  to  remit
past   due   unclaimed   property  pursuant  to  the  State's
Department's examination and demand for remittance  when  the
holder,  in  good faith, contests all or part of the finding,
until a final order reviewing the remittance is entered by  a
hearing   officer  or  the  circuit  court.  With  regard  to
contested examinations, the charges, fees, or interest  shall
not  accrue during the period from the holder's filing of the
request for a hearing until the  date  of  the  final  order.
However,  a  holder  may  be charged for failing to remit any
undisputed amounts of unclaimed property that are  not  being
contested in an administrative hearing or court action.
    (j)  The   administrative  charges,  fees,  and  interest
charges provided for in  this  Section  shall  not  apply  to
property held by a trust division or trust department or by a
trust  company,  or  affiliate  of  any of the foregoing that
provides   nondealer   corporate   custodial   services   for
securities  or  securities  transactions, organized under the
laws of this or another state or the United States.
    As of January 1,  1998,  this  subsection  shall  not  be
applicable  unless  the  Department of Financial Institutions
has commenced, but  not  finalized,  an  examination  of  the
holder  as  of  that  date  and the property is included in a
final examination  report  for  the  period  covered  by  the
examination.
    (k)  In  the  conduct  of a hearing initiated by a holder
under this Act, the State Treasurer Director has the power to
administer  oaths,  subpoena  witnesses,   and   compel   the
production  of  books, papers, documents, or records relevant
to the hearing under this Act.
    (l)  The provisions of this Section apply only to reports
due and examinations commenced after the  effective  date  of
this amendatory Act of 1993.
(Source: P.A. 90-167, eff. 7-23-97.)

    (765 ILCS 1025/26) (from Ch. 141, par. 126)
    Sec.  26.  The  State  Treasurer,  Director  of Financial
Institutions, and the Commissioner of Banks and  Real  Estate
are Director is hereby authorized to make necessary rules and
regulations to carry out the provisions of this Act.
(Source: Laws 1961, p. 3426.)

    Section  40.   The  Business  Corporation  Act of 1983 is
amended by changing Section 12.70 as follows:

    (805 ILCS 5/12.70) (from Ch. 32, par. 12.70)
    Sec. 12.70.  Deposit of amount due certain  shareholders.
Upon  the  distribution  of the assets of a corporation among
its  shareholders,  the  distributive  portion  to  which   a
shareholder  would  be  entitled who is unknown or can not be
found, or who is under disability  and  there  is  no  person
legally competent to receive such distributive portion, shall
be presumed abandoned and reported and delivered to the State
Treasurer  Director  of  Financial  Institutions  and  become
subject  to  the  provision  of  the  Uniform  Disposition of
Unclaimed Property Act. In the  event  such  distribution  be
made  other  than  in  cash, such distributive portion of the
assets shall be reduced to cash before being so reported  and
delivered.
(Source: P.A. 83-1025.)

    Section  45.   The General Not For Profit Corporation Act
of 1986 is amended by changing Section 112.70 as follows:
    (805 ILCS 105/112.70) (from Ch. 32, par. 112.70)
    Sec.  112.70.   Deposit  of   amount   due.    Upon   the
distribution of the assets of a corporation, the distributive
portion to which a person would be entitled who is unknown or
cannot  be  found, or who is under disability and there is no
person  legally  competent  to  receive   such   distributive
portion,   shall  be  presumed  abandoned  and  reported  and
delivered  to  the  State  Treasurer  Director  of  Financial
Institutions and become  subject  to  the  provision  of  the
Uniform  Disposition of Unclaimed Property Act.  In the event
such  distribution  be  made  other  than   in   cash,   such
distributive  portion  of the assets shall be reduced to cash
before being so reported and delivered.
(Source: P.A. 84-1423.)

    Section 99.  Effective date.  This Act takes effect  July
1,  1999,  except that this Section and the provisions adding
Sections 0.02, 0.03,  0.04,  0.05,  and  0.06  to  the  State
Treasurer  Act,  Section  18.1  to the Financial Institutions
Code,  and  Section  0.05  to  the  Uniform  Disposition   of
Unclaimed Property Act take effect upon becoming law.
                            INDEX
           Statutes amended in order of appearance
15 ILCS 505/0.02 new
15 ILCS 505/0.03 new
15 ILCS 505/0.04 new
15 ILCS 505/0.05 new
15 ILCS 505/0.06 new
20 ILCS 1205/7            from Ch. 17, par. 108
20 ILCS 1205/18.1 new
205 ILCS 5/65             from Ch. 17, par. 377
205 ILCS 305/62           from Ch. 17, par. 4463
205 ILCS 405/19.3         from Ch. 17, par. 4838
205 ILCS 620/6-14         from Ch. 17, par. 1556-14
215 ILCS 5/210            from Ch. 73, par. 822
755 ILCS 5/2-1            from Ch. 110 1/2, par. 2-1
755 ILCS 5/2-2            from Ch. 110 1/2, par. 2-2
765 ILCS 1025/0.05 new
765 ILCS 1025/1           from Ch. 141, par. 101
765 ILCS 1025/2           from Ch. 141, par. 102
765 ILCS 1025/10.5
765 ILCS 1025/11          from Ch. 141, par. 111
765 ILCS 1025/11.5
765 ILCS 1025/12          from Ch. 141, par. 112
765 ILCS 1025/13          from Ch. 141, par. 113
765 ILCS 1025/14          from Ch. 141, par. 114
765 ILCS 1025/15          from Ch. 141, par. 115
765 ILCS 1025/16          from Ch. 141, par. 116
765 ILCS 1025/17          from Ch. 141, par. 117
765 ILCS 1025/18          from Ch. 141, par. 118
765 ILCS 1025/19          from Ch. 141, par. 119
765 ILCS 1025/20          from Ch. 141, par. 120
765 ILCS 1025/21          from Ch. 141, par. 121
765 ILCS 1025/22          from Ch. 141, par. 122
765 ILCS 1025/23          from Ch. 141, par. 123
765 ILCS 1025/23.5
765 ILCS 1025/24          from Ch. 141, par. 124
765 ILCS 1025/24.5
765 ILCS 1025/25          from Ch. 141, par. 125
765 ILCS 1025/25.5
765 ILCS 1025/26          from Ch. 141, par. 126
805 ILCS 5/12.70          from Ch. 32, par. 12.70
805 ILCS 105/112.70       from Ch. 32, par. 112.70

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