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Judiciary I - Civil Law Committee
Filed: 2/25/2009
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09600HB0265ham001 |
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LRB096 03952 AJO 22126 a |
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| AMENDMENT TO HOUSE BILL 265
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| AMENDMENT NO. ______. Amend House Bill 265 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Uniform Disposition of Unclaimed Property |
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| Act is amended by changing Section 17 as follows:
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| (765 ILCS 1025/17) (from Ch. 141, par. 117)
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| Sec. 17. (a) All abandoned
property, other than money and |
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| that property
exempted by paragraphs (1), (2), (3), (4), and |
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| (5), and (6) of this subsection,
delivered to the
State |
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| Treasurer under this Act shall be sold within a reasonable time |
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| to the
highest bidder at public sale in whatever city in the |
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| State affords in his or
her judgment the most favorable market |
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| for the property involved. The State
Treasurer may decline the |
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| highest bid and reoffer the property for sale if he
or she |
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| considers the price bid insufficient.
The State Treasurer may |
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| group items for auction as "box lots" if the value
of the |
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09600HB0265ham001 |
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LRB096 03952 AJO 22126 a |
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| individual items makes it impracticable to sell the items
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| individually.
He or she need not offer any
property for sale, |
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| and may destroy or otherwise dispose of the property, if, in
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| his or her opinion, the probable cost of sale exceeds the value |
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| of the
property. Securities or commodities received by the |
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| Office of the State
Treasurer may be sold by the State |
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| Treasurer through a broker or sales agent
suitable for the sale |
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| of the type of securities or commodities being sold.
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| (1) Property which the State Treasurer determines may |
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| have historical
value may be, at his or her discretion, |
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| loaned to a recognized exhibitor in the
United States where |
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| it will be kept until such time as the State Treasurer
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| orders it to be returned to his or her possession.
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| (2) Property returned to the State Treasurer shall be |
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| released to the
rightful owner or otherwise disposed of in |
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| accordance with this Act. The State
Treasurer shall keep |
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| identifying records of the property so loaned, the name of
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| rightful owner and the owner's last known address, if |
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| available.
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| (3) The Treasurer, in cooperation with the Department |
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| of State Police,
shall
develop a procedure to determine |
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| whether a firearm delivered
to the Treasurer under this Act |
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| has been stolen or used in the commission of a
crime.
The |
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| Department of State Police shall determine
the appropriate |
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| disposition of a firearm that has been stolen or used in |
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commission of a crime. The Treasurer shall attempt to |
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09600HB0265ham001 |
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LRB096 03952 AJO 22126 a |
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| return a firearm
that has not been stolen or used in the |
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| commission of a crime to the rightful
owner,
provided that |
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| the owner may lawfully possess the firearm as determined by |
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| the
Department of State Police.
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| If the Treasurer is unable to return a firearm to its |
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| owner, the
Treasurer
shall transfer custody of the firearm |
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| to the Department of State
Police. Legal title to a firearm |
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| transferred to the Department of State Police
under this |
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| paragraph (3) is vested in the Department of
State Police |
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| by operation of law:
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| (A) if the Treasurer cannot locate the owner of the |
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| firearm;
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| (B) if the owner of the firearm may not lawfully |
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| possess the firearm;
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| (C) if the owner does not respond to notice |
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| published under Section 12
of
this Act; or
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| (D) if the owner responds to notice published under |
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| Section 12 and
states
that
he or she no longer claims |
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| an interest in the
firearm.
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| With respect to a firearm whose title is transferred to |
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| the Department of
State
Police under this paragraph (3), |
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| that Department
may:
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| (i) retain the firearm for use by the crime |
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| laboratory system, for
training
purposes, or for any |
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| other application as deemed
appropriate by the |
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| Department;
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LRB096 03952 AJO 22126 a |
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| (ii) transfer the firearm to the Illinois State |
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| Museum if the firearm
has
historical
value; or
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| (iii) destroy the firearm if it is not retained |
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| pursuant to
subparagraph
(i)
or transferred
pursuant |
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| to subparagraph (ii).
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| (4) If human remains are delivered to the Treasurer |
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| under this Act, the Treasurer shall deliver those human |
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| remains to the coroner of the county in which the human |
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| remains were abandoned for disposition under Section |
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| 3-3034 of the Counties Code. The only human remains that |
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| may be delivered to the Treasurer under this Act and that |
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| the Treasurer may receive are those that are reported and |
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| delivered as contents of a safe deposit box.
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| (5) If medals awarded to U.S. military personnel are |
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| delivered to the Treasurer under this Act, the Treasurer |
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| shall not offer those medals for sale or at public auction. |
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| The only medals that may be delivered to the Treasurer |
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| under this Act and that the Treasurer may receive are those |
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| that are reported and delivered as contents of a safe |
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| deposit box. Medals shall only be returned to the owner of |
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| the safe deposit box containing the medals or the heirs of |
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| that owner. This paragraph (5) may be referred to as |
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| Operation Search and Restore. |
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| (6) Property that may have been used in the commission |
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| of a crime or that may assist in the investigation of a |
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| crime, as determined after consulting standards developed |
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LRB096 03952 AJO 22126 a |
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| by the Department of State Police, shall be delivered to |
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| the Department of State Police or other appropriate law |
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| enforcement authority to allow law enforcement to |
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| determine whether a criminal investigation should take |
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| place. Any such property delivered to a law enforcement |
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| authority shall be held in accordance with existing |
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| statutes and rules related to the gathering, retention, and |
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| release of evidence. |
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| (b) Any sale held under this Section, except a sale of |
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| securities or
commodities, shall be preceded by a single |
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| publication of notice thereof, at
least 3 weeks in advance of |
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| sale in an English language newspaper of general
circulation in |
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| the county where the property is to be sold.
When property |
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| fails to sell and is offered again at a subsequent sale, no
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| additional notice is required for the subsequent sale.
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| (c) The purchaser at any sale conducted by the State |
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| Treasurer pursuant to
this Act shall receive title to the |
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| property purchased, free from all claims of
the owner or prior |
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| holder thereof and of all persons claiming through or under
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| them. The State Treasurer shall execute all documents necessary |
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| to complete the
transfer of title.
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| (d) The Office of the State Treasurer is not liable for any |
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| reduction in the
value of property caused by changing market |
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| conditions.
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| (Source: P.A. 94-422, eff. 8-2-05; 95-829, eff. 8-14-08.)".
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