Full Text of HB2689 94th General Assembly
HB2689enr 94TH GENERAL ASSEMBLY
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HB2689 Enrolled |
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| AN ACT concerning counties.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Counties Code is amended by changing Section | 5 |
| 3-3034 as follows:
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| (55 ILCS 5/3-3034) (from Ch. 34, par. 3-3034)
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| Sec. 3-3034. Disposition of body. After the inquest
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| inquisition the coroner
may deliver the body or human remains | 9 |
| of the deceased to the family of the deceased or, if there are | 10 |
| no family members to accept the body or the remains, then to
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| his friends of the deceased , if there be any, but
if not, the | 12 |
| coroner
he shall cause the body or the remains
him to be | 13 |
| decently buried, the expenses to be paid
from the property of | 14 |
| the deceased, if there is sufficient, if not, by the
county. If | 15 |
| the State Treasurer, pursuant to the Uniform Disposition of | 16 |
| Unclaimed Property Act, delivers human remains to the coroner, | 17 |
| the coroner shall cause the human remains to be disposed of as | 18 |
| provided in this Section.
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| (Source: P.A. 86-962.)
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| Section 10. The Uniform Disposition of Unclaimed Property | 21 |
| 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 | 24 |
| that property
exempted by paragraphs (1), (2), and (3) , and (4) | 25 |
| of this subsection,
delivered to the
State Treasurer under this | 26 |
| Act shall be sold within a reasonable time to the
highest | 27 |
| bidder at public sale in whatever city in the State affords in | 28 |
| his or
her judgment the most favorable market for the property | 29 |
| involved. The State
Treasurer may decline the highest bid and | 30 |
| reoffer the property for sale if he
or she considers the price |
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| bid insufficient.
The State Treasurer may group items for | 2 |
| auction as "box lots" if the value
of the individual items | 3 |
| makes it impracticable to sell the items
individually.
He or | 4 |
| she need not offer any
property for sale, and may destroy or | 5 |
| otherwise dispose of the property, if, in
his or her opinion, | 6 |
| the probable cost of sale exceeds the value of the
property. | 7 |
| Securities or commodities received by the Office of the State
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| Treasurer may be sold by the State Treasurer through a broker | 9 |
| or sales agent
suitable for the sale of the type of securities | 10 |
| or commodities being sold.
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| (1) Property which the State Treasurer determines may | 12 |
| have historical
value may be, at his or her discretion, | 13 |
| loaned to a recognized exhibitor in the
United States where | 14 |
| 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 | 17 |
| released to the
rightful owner or otherwise disposed of in | 18 |
| accordance with this Act. The State
Treasurer shall keep | 19 |
| identifying records of the property so loaned, the name of
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| rightful owner and the owner's last known address, if | 21 |
| available.
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| (3) The Treasurer, in cooperation with the Department | 23 |
| of State Police,
shall
develop a procedure to determine | 24 |
| whether a firearm delivered
to the Treasurer under this Act | 25 |
| has been stolen or used in the commission of a
crime.
The | 26 |
| Department of State Police shall determine
the appropriate | 27 |
| disposition of a firearm that has been stolen or used in | 28 |
| the
commission of a crime. The Treasurer shall attempt to | 29 |
| return a firearm
that has not been stolen or used in the | 30 |
| commission of a crime to the rightful
owner,
provided that | 31 |
| the owner may lawfully possess the firearm as determined by | 32 |
| the
Department of State Police.
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| If the Treasurer is unable to return a firearm to its | 34 |
| owner, the
Treasurer
shall transfer custody of the firearm | 35 |
| to the Department of State
Police. Legal title to a firearm | 36 |
| transferred to the Department of State Police
under this |
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| paragraph (3) is vested in the Department of
State Police | 2 |
| by operation of law:
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| (A) if the Treasurer cannot locate the owner of the | 4 |
| firearm;
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| (B) if the owner of the firearm may not lawfully | 6 |
| possess the firearm;
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| (C) if the owner does not respond to notice | 8 |
| published under Section 12
of
this Act; or
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| (D) if the owner responds to notice published under | 10 |
| Section 12 and
states
that
he or she no longer claims | 11 |
| an interest in the
firearm.
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| With respect to a firearm whose title is transferred to | 13 |
| the Department of
State
Police under this paragraph (3), | 14 |
| that Department
may:
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| (i) retain the firearm for use by the crime | 16 |
| laboratory system, for
training
purposes, or for any | 17 |
| other application as deemed
appropriate by the | 18 |
| Department;
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| (ii) transfer the firearm to the Illinois | 20 |
| State Museum if the firearm
has
historical
value; or
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| (iii) destroy the firearm if it is not retained | 22 |
| pursuant to
subparagraph
(i)
or transferred
pursuant | 23 |
| to subparagraph (ii).
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| (4) If human remains are delivered to the Treasurer | 25 |
| under this Act, the Treasurer shall deliver those human | 26 |
| remains to the coroner of the county in which the human | 27 |
| remains were abandoned for disposition under Section | 28 |
| 3-3034 of the Counties Code. The only human remains that | 29 |
| may be delivered to the Treasurer under this Act and that | 30 |
| the Treasurer may receive are those that are reported and | 31 |
| delivered as contents of a safe deposit box.
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| (b) Any sale held under this Section, except a sale of | 33 |
| securities or
commodities, shall be preceded by a single | 34 |
| publication of notice thereof, at
least 3 weeks in advance of | 35 |
| sale in an English language newspaper of general
circulation in | 36 |
| 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 | 4 |
| Treasurer pursuant to
this Act shall receive title to the | 5 |
| property purchased, free from all claims of
the owner or prior | 6 |
| holder thereof and of all persons claiming through or under
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| them. The State Treasurer shall execute all documents necessary | 8 |
| to complete the
transfer of title.
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| (d) The Office of the State Treasurer is not liable for any | 10 |
| reduction in the
value of property caused by changing market | 11 |
| conditions.
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| (Source: P.A. 91-16, eff. 7-1-99; 91-748, eff. 6-2-00.)
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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.
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