Bill Status of HB0302  100th General Assembly


Short Description:  LIFE INS-UNCLAIMED BENEFITS

House Sponsors
Rep. Robert Martwick - Sue Scherer - Natalie A. Manley - Emanuel Chris Welch - Jerry Costello, II, Melissa Conyears-Ervin, Stephanie A. Kifowit, Rita Mayfield, Jaime M. Andrade, Jr., Martin J. Moylan, Frances Ann Hurley, La Shawn K. Ford, Sonya M. Harper, Elgie R. Sims, Jr., Arthur Turner, Carol Sente, Silvana Tabares, Justin Slaughter, Juliana Stratton, Kathleen Willis, Will Guzzardi, Deb Conroy, Al Riley, Mary E. Flowers, Thaddeus Jones, Lawrence Walsh, Jr., Theresa Mah, Katie Stuart, Marcus C. Evans, Jr., LaToya Greenwood, William Davis, Kelly M. Burke, Michelle Mussman, Carol Ammons, Ann M. Williams, John C. D'Amico, Daniel J. Burke, Camille Y. Lilly, Jay Hoffman, Christian L. Mitchell, Elizabeth Hernandez, Michael Halpin, Cynthia Soto, Laura Fine, Luis Arroyo, Sara Feigenholtz, André Thapedi, Litesa E. Wallace, Daniel V. Beiser, Jehan Gordon-Booth, Lou Lang, Gregory Harris, Sam Yingling, Linda Chapa LaVia, Anna Moeller, Emily McAsey, Robyn Gabel, Michael J. Zalewski, Elaine Nekritz and Kelly M. Cassidy

Senate Sponsors
(Sen. Jacqueline Y. Collins - Wm. Sam McCann - Patricia Van Pelt - Melinda Bush - Emil Jones, III, Kwame Raoul, David Koehler, Cristina Castro, Linda Holmes, Heather A. Steans, Scott M. Bennett, Laura M. Murphy, Mattie Hunter, Ira I. Silverstein, Steve Stadelman, Napoleon Harris, III, Daniel Biss, Donne E. Trotter, Omar Aquino, Jennifer Bertino-Tarrant, Julie A. Morrison, Kimberly A. Lightford, Andy Manar, Bill Cunningham, Iris Y. Martinez, Toi W. Hutchinson, Terry Link, James F. Clayborne, Jr., Martin A. Sandoval, Don Harmon and Thomas Cullerton)

Last Action
DateChamber Action
  11/9/2017HousePublic Act . . . . . . . . . 100-0543

Statutes Amended In Order of Appearance
215 ILCS 185/10
215 ILCS 185/15
215 ILCS 185/35
410 ILCS 535/24.6 new
765 ILCS 1025/20from Ch. 141, par. 120


Synopsis As Introduced
Amends the Unclaimed Life Insurance Benefits Act. Provides that "policy" includes a policy that has lapsed or been terminated. Requires insurers to, at no later than the date of policy delivery or the establishment of an account, and upon any change of insured or beneficiary, request information sufficient to ensure that all benefits or proceeds are distributed to the appropriate persons upon the death of the insured. Allows insurers to contact insureds in certain circumstances for the information. Provides that the Act applies to policies, annuity contracts, and retained asset accounts in force at any time on or after January 1, 1996 (rather than on or after the effective date of the Act). Provides that the Act does not apply to a lapsed or terminated policy with no benefits payable that was compared against the Death Master File within the 18 months following the date of the lapse or termination of the applicable policy. Amends the Vital Records Act. Provides that any information contained in the vital records shall be made available at no cost to the State Treasurer for purposes related to the Uniform Disposition of Unclaimed Property Act. Amends the Uniform Disposition of Unclaimed Property Act. Removes provisions concerning certain fees and charges for unclaimed property. Provides that no person or company shall be entitled to a fee for discovering presumptively unclaimed property during the period beginning on the date the property was presumed abandoned and ending 24 months after the payment or delivery of the property to the State Treasurer (rather than until it has been in the custody of the State Treasurer for at least 24 months). Makes other changes.

 Fiscal Note (Department of Insurance)
 As a result of the requirements brought about by this legislation, the Department of Insurance would need to add, at minimum, one (1) full time position to fulfill complaint unit duties. The proposed legislation would substantially increase the amount of policies eligible for review by carriers (and thereby eligible for consumer inquiries). This position would be housed within the Department's Life and Annuities Products Division at a total annual cost to the Department of Insurance of approximately $100,000 for both personal services and related expenses and lower line item costs. The projected cost associated with these responsibilities is expected to be covered by Other, Dedicated State Funding.

 Balanced Budget Note (Office of Management and Budget)
 The Balanced Budget Note Act does not apply to this bill as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted.

 Correctional Note (Dept of Corrections)
 This legislation has no fiscal or population impact on the Department of Corrections.

 Housing Affordability Impact Note (Housing Development Authority)
 This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.

 Judicial Note (Admin Office of the Illinois Courts)
 This legislation would neither increase nor decrease the number of judges needed in the State.

 Pension Note (Government Forecasting & Accountability)
 HB 302 will not impact any public pension fund or retirement system in Illinois.

 State Debt Impact Note (Government Forecasting & Accountability)
 HB 302 would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 Home Rule Note (Dept. of Commerce & Economic Opportunity)
 This bill does not pre-empt home rule authority.

 State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity)
 This bill does not create a State mandate.

Senate Committee Amendment No. 1
Adds reference to:
215 ILCS 185/30

Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: In provisions amending the Unclaimed Life Insurance Benefits Act, provides that an insurer shall initially perform a comparison of certain policies, contracts, and accounts in force on or after January 1, 2012 by using the full Death Master File (rather than all certain policies, contracts, and accounts). Provides that an insurer required to perform a comparison of certain policies, contracts, and accounts in force on or after January 1, 2000 shall perform a comparison of certain policies, contracts, and accounts in force between January 1, 2000 and December 31, 2016 on or before December 31, 2018 by using the full Death Master File. Removes language requiring an insurer to request information sufficient to ensure that all benefits or proceeds are distributed to the appropriate persons upon the death of the insured. Further amends the Unclaimed Life Insurance Benefits Act. Requires the Department of Insurance to define "electronic searchable files" in rules. Removes provisions allowing the Department to limit an insurer's Death Master File comparisons to the insurer's electronic searchable files or approve a plan and timeline for conversion of the insurer's files to searchable electronic files upon a demonstration of hardship by the insurer. Provides that the Act applies to policies, annuity contracts, and retained asset accounts in force at any time on or after January 1, 2012 (rather than on or after January 1, 1996). Provides that for an insurer that has entered into a written agreement with the State Treasurer on or before December 31, 2018 to resolve an unclaimed property examination, the provisions of the Act apply to certain policies, contracts, and accounts in force or after January 1, 2017. Provides that the provisions of the Act apply to certain policies, contracts and accounts in force at any time on or after January 1, 2000 to the extent that an insurer has electronic searchable files concerning those policies, contracts, and accounts.

Governor Amendatory Veto Message
Recommends removing the following provisions added to the Unclaimed Life Insurance Benefits Act: (i) that an insurer required to perform a comparison of electronic searchable files concerning its insureds', annuitants', and retained asset account holders' in-force policies, annuity contracts, and retained asset accounts in force on or after January 1, 2000 shall perform a comparison of policies, annuity contracts, and retained asset accounts in force between January 1, 2000 and December 31, 2016 on or before December 31, 2018 by using the full Death Master File; (ii) that the Department of Insurance shall, by rule, define "electronic searchable files"; and (iii) that the Act applies to policies, annuity contracts, and retained asset accounts in force at any time on or after January 1, 2000 to the extent that an insurer has electronic searchable files concerning such policies, annuity contracts, and retained asset accounts. Recommends removing a provision under the Uniform Disposition of Unclaimed Property Act that permits the Office of the State Treasurer to enter into contracts with persons to examine holders located outside the State under which the Office of the State Treasurer agrees to pay such persons based upon a percentage of the property recovered by the State.

Actions 
DateChamber Action
  1/10/2017HousePrefiled with Clerk by Rep. Robert Martwick
  1/11/2017HouseFirst Reading
  1/11/2017HouseReferred to Rules Committee
  1/12/2017HouseAdded Chief Co-Sponsor Rep. Sue Scherer
  1/12/2017HouseAdded Chief Co-Sponsor Rep. Natalie A. Manley
  1/12/2017HouseAdded Chief Co-Sponsor Rep. Emanuel Chris Welch
  1/12/2017HouseAdded Chief Co-Sponsor Rep. Jerry Costello, II
  1/12/2017HouseAdded Co-Sponsor Rep. Melissa Conyears-Ervin
  1/12/2017HouseAdded Co-Sponsor Rep. Stephanie A. Kifowit
  1/12/2017HouseAdded Co-Sponsor Rep. Rita Mayfield
  1/12/2017HouseAdded Co-Sponsor Rep. Jaime M. Andrade, Jr.
  1/12/2017HouseAdded Co-Sponsor Rep. Martin J. Moylan
  1/12/2017HouseAdded Co-Sponsor Rep. Frances Ann Hurley
  1/12/2017HouseAdded Co-Sponsor Rep. La Shawn K. Ford
  1/12/2017HouseAdded Co-Sponsor Rep. Sonya M. Harper
  1/12/2017HouseAdded Co-Sponsor Rep. Elgie R. Sims, Jr.
  1/12/2017HouseAdded Co-Sponsor Rep. Arthur Turner
  1/12/2017HouseAdded Co-Sponsor Rep. Carol Sente
  1/12/2017HouseAdded Co-Sponsor Rep. Silvana Tabares
  1/12/2017HouseAdded Co-Sponsor Rep. Justin Slaughter
  1/12/2017HouseAdded Co-Sponsor Rep. Juliana Stratton
  1/12/2017HouseAdded Co-Sponsor Rep. Kathleen Willis
  1/12/2017HouseAdded Co-Sponsor Rep. Will Guzzardi
  1/18/2017HouseAdded Co-Sponsor Rep. Deb Conroy
  1/24/2017HouseAdded Co-Sponsor Rep. Al Riley
  1/25/2017HouseAssigned to Consumer Protection Committee
  1/31/2017HouseAdded Co-Sponsor Rep. Mary E. Flowers
  2/1/2017HouseAdded Co-Sponsor Rep. Thaddeus Jones
  2/1/2017HouseAdded Co-Sponsor Rep. Lawrence Walsh, Jr.
  2/3/2017HouseAdded Co-Sponsor Rep. Theresa Mah
  2/7/2017HouseAdded Co-Sponsor Rep. Katie Stuart
  2/8/2017HouseAdded Co-Sponsor Rep. Marcus C. Evans, Jr.
  2/8/2017HouseAdded Co-Sponsor Rep. LaToya Greenwood
  2/8/2017HouseAdded Co-Sponsor Rep. William Davis
  2/8/2017HouseAdded Co-Sponsor Rep. Kelly M. Burke
  2/8/2017HouseAdded Co-Sponsor Rep. Michelle Mussman
  2/8/2017HouseAdded Co-Sponsor Rep. Carol Ammons
  2/8/2017HouseAdded Co-Sponsor Rep. Ann M. Williams
  2/8/2017HouseAdded Co-Sponsor Rep. John C. D'Amico
  2/23/2017HouseAdded Co-Sponsor Rep. Daniel J. Burke
  2/24/2017HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  3/7/2017HouseDo Pass / Short Debate Consumer Protection Committee; 003-002-000
  3/8/2017HousePlaced on Calendar 2nd Reading - Short Debate
  3/9/2017HouseFiscal Note Requested by Rep. Tom Demmer
  3/14/2017HouseFiscal Note Filed
  3/23/2017HouseAdded Co-Sponsor Rep. Jay Hoffman
  3/23/2017HouseAdded Co-Sponsor Rep. Christian L. Mitchell
  3/23/2017HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  3/23/2017HouseAdded Co-Sponsor Rep. Michael Halpin
  3/23/2017HouseAdded Co-Sponsor Rep. Cynthia Soto
  3/23/2017HouseAdded Co-Sponsor Rep. Laura Fine
  3/23/2017HouseAdded Co-Sponsor Rep. Luis Arroyo
  3/23/2017HouseAdded Co-Sponsor Rep. Sara Feigenholtz
  3/23/2017HouseAdded Co-Sponsor Rep. André Thapedi
  3/23/2017HouseAdded Co-Sponsor Rep. Litesa E. Wallace
  3/29/2017HouseAdded Co-Sponsor Rep. Daniel V. Beiser
  3/29/2017HouseAdded Co-Sponsor Rep. Jehan Gordon-Booth
  3/29/2017HouseAdded Co-Sponsor Rep. Lou Lang
  3/29/2017HouseAdded Co-Sponsor Rep. Gregory Harris
  3/29/2017HouseAdded Co-Sponsor Rep. Sam Yingling
  3/29/2017HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  3/29/2017HouseAdded Co-Sponsor Rep. Anna Moeller
  3/29/2017HouseAdded Co-Sponsor Rep. Emily McAsey
  4/4/2017HouseAdded Co-Sponsor Rep. Robyn Gabel
  4/5/2017HouseAdded Co-Sponsor Rep. Michael J. Zalewski
  4/5/2017HouseAdded Co-Sponsor Rep. Elaine Nekritz
  4/5/2017HouseAdded Co-Sponsor Rep. Kelly M. Cassidy
  4/5/2017HouseSecond Reading - Short Debate
  4/5/2017HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/13/2017HouseBalanced Budget Note Filed
  4/13/2017HouseCorrectional Note Filed
  4/13/2017HouseHousing Affordability Impact Note Filed
  4/13/2017HouseJudicial Note Filed
  4/17/2017HousePension Note Filed
  4/19/2017HouseState Debt Impact Note Filed
  4/25/2017HouseHome Rule Note Filed
  4/25/2017HouseState Mandates Fiscal Note Filed
  4/25/2017HouseThird Reading - Short Debate - Passed 068-047-000
  4/26/2017SenateArrive in Senate
  4/26/2017SenatePlaced on Calendar Order of First Reading
  4/26/2017SenateChief Senate Sponsor Sen. Jacqueline Y. Collins
  4/26/2017SenateAdded as Alternate Chief Co-Sponsor Sen. Wm. Sam McCann
  4/26/2017SenateFirst Reading
  4/26/2017SenateReferred to Assignments
  4/26/2017SenateAdded as Alternate Co-Sponsor Sen. Kwame Raoul
  4/26/2017SenateAdded as Alternate Co-Sponsor Sen. David Koehler
  4/26/2017SenateAdded as Alternate Chief Co-Sponsor Sen. Patricia Van Pelt
  4/26/2017SenateAdded as Alternate Co-Sponsor Sen. Cristina Castro
  4/27/2017SenateAdded as Alternate Co-Sponsor Sen. Linda Holmes
  4/27/2017SenateAdded as Alternate Co-Sponsor Sen. Steven M. Landek
  4/27/2017SenateAdded as Alternate Chief Co-Sponsor Sen. Melinda Bush
  5/2/2017SenateAdded as Alternate Co-Sponsor Sen. Heather A. Steans
  5/2/2017SenateSponsor Removed Sen. Steven M. Landek
  5/2/2017SenateAdded as Alternate Co-Sponsor Sen. Scott M. Bennett
  5/2/2017SenateAssigned to Insurance
  5/2/2017SenateAdded as Alternate Co-Sponsor Sen. Laura M. Murphy
  5/2/2017SenateAdded as Alternate Co-Sponsor Sen. Mattie Hunter
  5/2/2017SenateAdded as Alternate Chief Co-Sponsor Sen. Emil Jones, III
  5/3/2017SenateAdded as Alternate Co-Sponsor Sen. Ira I. Silverstein
  5/3/2017SenateAdded as Alternate Co-Sponsor Sen. Steve Stadelman
  5/3/2017SenateAdded as Alternate Co-Sponsor Sen. Napoleon Harris, III
  5/3/2017SenateAdded as Alternate Co-Sponsor Sen. Daniel Biss
  5/3/2017SenateAdded as Alternate Co-Sponsor Sen. Donne E. Trotter
  5/4/2017SenateAdded as Alternate Co-Sponsor Sen. Omar Aquino
  5/4/2017SenateAdded as Alternate Co-Sponsor Sen. Jennifer Bertino-Tarrant
  5/4/2017SenateAdded as Alternate Co-Sponsor Sen. Julie A. Morrison
  5/5/2017SenateAdded as Alternate Co-Sponsor Sen. Kimberly A. Lightford
  5/5/2017SenateAdded as Alternate Co-Sponsor Sen. Andy Manar
  5/5/2017SenateAdded as Alternate Co-Sponsor Sen. Bill Cunningham
  5/5/2017SenateAdded as Alternate Co-Sponsor Sen. Iris Y. Martinez
  5/5/2017SenateAdded as Alternate Co-Sponsor Sen. Toi W. Hutchinson
  5/5/2017SenateAdded as Alternate Co-Sponsor Sen. Terry Link
  5/5/2017SenateAdded as Alternate Co-Sponsor Sen. James F. Clayborne, Jr.
  5/5/2017SenateAdded as Alternate Co-Sponsor Sen. Martin A. Sandoval
  5/8/2017SenateAdded as Alternate Co-Sponsor Sen. Don Harmon
  5/12/2017SenateRule 2-10 Committee Deadline Established As May 19, 2017
  5/19/2017SenateRule 2-10 Committee Deadline Established As May 26, 2017
  5/25/2017SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Jacqueline Y. Collins
  5/25/2017SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/26/2017SenateRe-referred to Executive
  5/26/2017SenateSenate Committee Amendment No. 1 Assignments Refers to Executive
  5/26/2017SenateRule 2-10 Committee Deadline Established As May 31, 2017
  5/26/2017SenateWaive Posting Notice
  5/29/2017SenateSenate Committee Amendment No. 1 Adopted
  5/29/2017SenateDo Pass as Amended Executive; 010-005-000
  5/29/2017SenatePlaced on Calendar Order of 2nd Reading
  5/29/2017SenateSecond Reading
  5/29/2017SenatePlaced on Calendar Order of 3rd Reading May 30, 2017
  5/29/2017SenateAdded as Alternate Co-Sponsor Sen. Thomas Cullerton
  5/30/2017SenateThird Reading - Passed; 036-019-000
  5/30/2017HouseArrived in House
  5/30/2017HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/30/2017HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Robert Martwick
  5/30/2017HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/31/2017HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/31/2017HouseSenate Committee Amendment No. 1 House Concurs 065-047-000
  5/31/2017HouseHouse Concurs
  5/31/2017HousePassed Both Houses
  6/29/2017HouseSent to the Governor
  8/25/2017HouseGovernor Amendatory Veto
  10/12/2017HousePlaced on Calendar Amendatory Veto
  10/20/2017HouseMotion Filed Override Amendatory Veto Rep. Robert Martwick
  10/25/2017House3/5 Vote Required
  10/25/2017HouseOverride Amendatory Veto - House Passed 071-040-000
  11/1/2017SenatePlaced on Calendar Amendatory Veto
  11/7/2017SenateMotion Filed Override Amendatory Veto Sen. Jacqueline Y. Collins
  11/8/2017Senate3/5 Vote Required
  11/8/2017SenateOverride Amendatory Veto - Senate Passed 038-016-000
  11/8/2017HouseAmendatory Veto Overridden Both Houses
  11/9/2017HouseEffective Date January 1, 2018
  11/9/2017HousePublic Act . . . . . . . . . 100-0543