State of Illinois
91st General Assembly
Public Acts

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 91-0748

SB1586 Enrolled                                LRB9108980DJcs

    AN ACT to amend  the  Uniform  Disposition  of  Unclaimed
Property Act by changing Sections 1 and 17.

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

    Section 5.  The Uniform Disposition of Unclaimed Property
Act is amended by changing Sections 1 and 17 as follows:

    (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
    (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
    (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).
    (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
    (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 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
    (m)  "Firearm" has the meaning ascribed to that  term  in
the Firearm Owners Identification Card Act.
(Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99.)

    (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),  and
(3)  of  this  subsection,  delivered  to the State Treasurer
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 may decline the
highest bid and reoffer the property for sale if  he  or  she
considers the price bid insufficient. The State Treasurer may
group  items  for  auction  as "box lots" if the value of the
individual items makes it impracticable  to  sell  the  items
individually. 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 may be sold  by  the  State
Treasurer  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  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 orders it to be returned  to  his  or
    her possession.
         (2)  Property  returned to the State Treasurer shall
    be released to the rightful owner or  otherwise  disposed
    of  in  accordance  with  this  Act.  The State Treasurer
    shall keep identifying records of the property so loaned,
    the name of rightful owner and  the  owner's  last  known
    address, if available.
         (3)  The   Treasurer,   in   cooperation   with  the
    Department of State Police, shall develop a procedure  to
    determine  whether  a  firearm delivered to the Treasurer
    under this Act has been stolen or used in the  commission
    of   a  crime.  The  Department  of  State  Police  shall
    determine the appropriate disposition of a  firearm  that
    has been stolen or used in the commission of a crime. The
    Treasurer  shall attempt to return a firearm that has not
    been stolen or used in the commission of a crime  to  the
    rightful  owner,  provided  that  the  owner may lawfully
    possess the firearm as determined by  the  Department  of
    State  Police.
         If  the  Treasurer  is unable to return a firearm to
    its owner, the Treasurer shall transfer  custody  of  the
    firearm  to  the Department of State Police.  Legal title
    to a firearm  transferred  to  the  Department  of  State
    Police   under  this  paragraph  (3)  is  vested  in  the
    Department of State Police by operation of law:
              (A)  if the Treasurer cannot locate  the  owner
         of the firearm;
              (B)  if  the  owner  of  the  firearm  may  not
         lawfully possess the firearm;
              (C)  if  the  owner  does not respond to notice
         published under Section 12 of this Act; or
              (D)  if the owner responds to notice  published
         under Section 12 and states that he or she no longer
         claims an interest in the firearm.
         With respect to a firearm whose title is transferred
    to  the  Department  of State Police under this paragraph
    (3), that Department may:
              (i)  retain the firearm for use  by  the  crime
         laboratory system, for training purposes, or for any
         other  application  as  deemed  appropriate  by  the
              (ii)      transfer  the firearm to the Illinois
         State Museum if the firearm has historical value; or
              (iii)  destroy  the  firearm  if  it   is   not
         retained pursuant to subparagraph (i) or transferred
         pursuant to subparagraph (ii).
    (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 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 shall execute all documents
necessary to complete the transfer of title.
    (d)  The Office of the State Treasurer is not liable  for
any  reduction  in  the  value of property caused by changing
market conditions.
(Source: P.A. 91-16, eff. 7-1-99.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

[ Top ]