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SB 338 — RUUPA-VARIOUS
Last action — Public Act . . . . . . . . . 102-0288
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 19, 2021. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
2 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 1 recorded vote so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Amends the State Treasurer Act. Repeals provisions regarding transfer of power; transfer of personnel; transfer of property; and rules and standards. Amends the Revised Uniform Unclaimed Property Act. Changes the definition of "virtual currency". Provides that a money order is presumed abandoned if it is unclaimed by the apparent owner 3 (rather than 7) years after issuance. Provides that virtual currency is presumed abandoned if it is unclaimed by the apparent owner 5 years after the last indication of interest in the property. Provides that a business association who has no reportable property shall so report to the administrator under specified circumstances. Provides that the administrator does not need to notify the Department of Revenue of the names or social security numbers of apparent owners of abandoned property if the administrator reasonably believes that the Department of Revenue will be unable to provide information that would provide sufficient evidence to establish that the person in the Department of Revenue's records is the apparent owner of unclaimed property in the custody of the administrator. Includes a provision regarding identification of apparent owners of abandoned property using other State databases. Provides that if property reported to the administrator is virtual currency, the holder shall liquidate the virtual currency and remit the proceeds to the administrator. Makes changes to provisions regarding: when tax-deferred and tax-exempt retirement accounts presumed abandoned; United States savings bonds; crediting income or gain to owner's account; and action by a person whose claim is denied. Senate Committee Amendment No. 1 Adds reference to: 765 ILCS 1026/15-905 Provides that the Secretary of State may (rather than shall) provide the Treasurer with the last known address as it appears in its respective records of any person reasonably believed to be the apparent owner of abandoned property. Provides that any warrants issued by the Comptroller pursuant to a voucher from the Treasurer to pay an owner that are not presented to the Treasurer within 12 months of the date of issuance shall be void, but the funds shall not escheat to the State and shall instead be redeposited in the Unclaimed Property Trust Fund. Provides that the Treasurer shall be responsible for any tax reporting required by federal law related to payments under the Revised Uniform Unclaimed Property Act. House Floor Amendment No. 3 Adds reference to: 765 ILCS 1026/15-210 765 ILCS 1026/15-1002.1 765 ILCS 1026/15-1004 765 ILCS 1026/15-1401 765 ILCS 1026/15-1402 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: Further amends the Revised Uniform Unclaimed Property Act. Provides that a money order is presumed abandoned if it is unclaimed by the apparent owner 5 (rather than 3) years after issuance. Provides that any instrument on which a financial organization or business association is directly liable, other than a money order, is presumed abandoned if it is unclaimed by the apparent owner 3 years after issuance. Makes changes concerning the time and circumstances under which financial organization deposits are presumed abandoned. Makes changes in provisions governing extending the reporting date of certain reported renewable time deposits. Deletes language requiring a holder to inform the State Treasurer, as administrator, to provide a telephone number that persons may call to inquire about or claim property. Provides that the State Treasurer may, at reasonable times and upon reasonable notice: (1) examine the records of specified types of financial organizations under certain conditions; (2) issue an administrative subpoena requiring the financial organization to make records available for examination; and (3) bring an action seeking judicial enforcement of the subpoena. Provides that records obtained in examinations of State-regulated financial organizations are subject to the same provisions concerning use and confidentiality as records obtained in examinations of other persons. Makes other changes. Adds an immediate effective date. House Floor Amendment No. 4 Provides that a time deposit for which the owner has not consented to automatic renewal of the time deposit is presumed abandoned 3 years after the later of maturity or the date of the last indication of interest in the property by the apparent owner (instead of "3 years after the date of last indication of interest in the property by the apparent owner").
Bill Text
Amendments
5 amendments- House Amendment 004 Show changes
- House Amendment 003 Show changes
- House Amendment 002 Show changes
- House Amendment 001 Show changes
- Senate Amendment 001 Show changes
Click Show changes on an amendment above to see how it modifies the bill.
Action History
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Public Act . . . . . . . . . 102-0288
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Effective Date August 6, 2021
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Governor Approved
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Sent to the Governor
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Passed Both Houses
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Senate Concurs
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House Floor Amendment No. 4 Senate Concurs 042-017-000
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House Floor Amendment No. 3 Senate Concurs 042-017-000
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House Floor Amendment No. 4 Motion To Concur Recommended Do Adopt Judiciary; 005-002-000
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House Floor Amendment No. 3 Motion To Concur Recommended Do Adopt Judiciary; 005-002-000
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House Floor Amendment No. 4 Motion to Concur Assignments Referred to Judiciary
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House Floor Amendment No. 3 Motion to Concur Assignments Referred to Judiciary
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House Floor Amendment No. 4 Motion to Concur Referred to Assignments
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House Floor Amendment No. 4 Motion to Concur Filed with Secretary Sen. Rachelle Crowe
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House Floor Amendment No. 3 Motion to Concur Referred to Assignments
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House Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. Rachelle Crowe
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Placed on Calendar Order of Concurrence House Amendment(s) 3, 4 - May 28, 2021
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Secretary's Desk - Concurrence House Amendment(s) 3, 4
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House Floor Amendment No. 2 Tabled Pursuant to Rule 40
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Third Reading - Short Debate - Passed 073-043-000
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Placed on Calendar Order of 3rd Reading - Short Debate
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House Floor Amendment No. 4 Adopted
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House Floor Amendment No. 3 Adopted
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Second Reading - Short Debate
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House Floor Amendment No. 4 Recommends Be Adopted Rules Committee; 004-000-000
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House Floor Amendment No. 4 Referred to Rules Committee
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House Floor Amendment No. 4 Filed with Clerk by Rep. Michael J. Zalewski
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House Floor Amendment No. 3 Recommends Be Adopted Revenue & Finance Committee; 010-007-000
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House Floor Amendment No. 3 Rules Refers to Revenue & Finance Committee
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House Floor Amendment No. 3 Referred to Rules Committee
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House Floor Amendment No. 3 Filed with Clerk by Rep. Michael J. Zalewski
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House Floor Amendment No. 2 Rules Refers to Revenue & Finance Committee
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House Floor Amendment No. 2 Referred to Rules Committee
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House Floor Amendment No. 2 Filed with Clerk by Rep. Michael J. Zalewski
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House Committee Amendment No. 1 Tabled Pursuant to Rule 40
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate Revenue & Finance Committee; 011-006-000
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House Committee Amendment No. 1 Rules Refers to Revenue & Finance Committee
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House Committee Amendment No. 1 Referred to Rules Committee
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House Committee Amendment No. 1 Filed with Clerk by Rep. Michael J. Zalewski
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Assigned to Revenue & Finance Committee
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Referred to Rules Committee
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First Reading
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Chief House Sponsor Rep. Michael J. Zalewski
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Arrived in House
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Third Reading - Passed; 041-018-000
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Placed on Calendar Order of 3rd Reading April 21, 2021
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Second Reading
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Placed on Calendar Order of 2nd Reading April 15, 2021
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Do Pass as Amended Judiciary; 005-002-000
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Senate Committee Amendment No. 1 Adopted
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Senate Committee Amendment No. 1 Assignments Refers to Judiciary
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Senate Committee Amendment No. 1 Referred to Assignments
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Senate Committee Amendment No. 1 Filed with Secretary by Sen. Rachelle Crowe
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Postponed - Judiciary
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Assigned to Judiciary
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Referred to Assignments
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First Reading
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Filed with Secretary by Sen. Rachelle Crowe
Sponsors
- Rachelle Crowe · Primary
- Michael J. Zalewski · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 0 co-sponsors · 181 not signed on · 14 voted No
Sponsors (2)
- Rachelle Crowe
- Michael J. Zalewski
Co-sponsors (0)
None.
Not signed on (181)
181 members have not signed on to this bill.
Show all 181 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 26 | 0 | 0 | 0 |
| Unaffiliated | 15 | 4 | 0 | 0 |
| Republican | 0 | 14 | 0 | 0 |
| Total | 41 | 18 | 0 | 0 |
| % of votes cast | 69% | 31% | 0% | 0% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Gillespie | — | Yea |
| Harris | — | Yea |
| Bennett | — | Yea |
| Johnson | — | Yea |
| Bush | — | Yea |
| Landek | — | Yea |
| Connor | — | Yea |
| Crowe | — | Yea |
| Cullerton, T. | — | Yea |
| Muñoz | — | Yea |
| Pacione-Zayas | — | Yea |
| Bailey | — | Nay |
| Barickman | — | Nay |
| Stewart | — | Nay |
| Stoller | — | Nay |
| Glowiak Hilton | — | Yea |
| Loughran Cappel | — | Yea |
| Simmons, Mike | — | Yea |
| Van Pelt | — | Yea |
| Bill Cunningham | Democrat | Yea |
| Celina Villanueva | Democrat | Yea |
| Christopher Belt | Democrat | Yea |
| Cristina Castro | Democrat | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Doris Turner | Democrat | Yea |
| Elgie R. Sims, Jr. | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Karina Villa | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura Ellman | Democrat | Yea |
| Laura Fine | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Michael E. Hastings | Democrat | Yea |
| Omar Aquino | Democrat | Yea |
| Patrick J. Joyce | Democrat | Yea |
| Ram Villivalam | Democrat | Yea |
| Robert F. Martwick | Democrat | Yea |
| Robert Peters | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| Steve Stadelman | Democrat | Yea |
| Chapin Rose | Republican | Nay |
| Craig Wilcox | Republican | Nay |
| Dale Fowler | Republican | Nay |
| Dan McConchie | Republican | Nay |
| Dave Syverson | Republican | Nay |
| Donald P. DeWitte | Republican | Nay |
| Jason Plummer | Republican | Nay |
| Jil Tracy | Republican | Nay |
| John F. Curran | Republican | Nay |
| Neil Anderson | Republican | Nay |
| Sally J. Turner | Republican | Nay |
| Steve McClure | Republican | Nay |
| Sue Rezin | Republican | Nay |
| Terri Bryant | Republican | Nay |
Subjects
Frequently asked questions
- What does SB 338 do?
- Amends the State Treasurer Act. Repeals provisions regarding transfer of power; transfer of personnel; transfer of property; and rules and standards. Amends the Revised Uniform Unclaimed Property Act. Changes the definition of "virtual currency". Provides that a money order is presumed abandoned if it is unclaimed by the apparent owner 3 (rather than 7) years after issuance. Provides that virtual currency is presumed abandoned if it is unclaimed by the apparent owner 5 years after the last indication of interest in the property. Provides that a business association who has no reportable property shall so report to the administrator under specified circumstances. Provides that the administrator does not need to notify the Department of Revenue of the names or social security numbers of apparent owners of abandoned property if the administrator reasonably believes that the Department of Revenue will be unable to provide information that would provide sufficient evidence to establish that the person in the Department of Revenue's records is the apparent owner of unclaimed property in the custody of the administrator. Includes a provision regarding identification of apparent owners of abandoned property using other State databases. Provides that if property reported to the administrator is virtual currency, the holder shall liquidate the virtual currency and remit the proceeds to the administrator. Makes changes to provisions regarding: when tax-deferred and tax-exempt retirement accounts presumed abandoned; United States savings bonds; crediting income or gain to owner's account; and action by a person whose claim is denied. Senate Committee Amendment No. 1 Adds reference to: 765 ILCS 1026/15-905 Provides that the Secretary of State may (rather than shall) provide the Treasurer with the last known address as it appears in its respective records of any person reasonably believed to be the apparent owner of abandoned property. Provides that any warrants issued by the Comptroller pursuant to a voucher from the Treasurer to pay an owner that are not presented to the Treasurer within 12 months of the date of issuance shall be void, but the funds shall not escheat to the State and shall instead be redeposited in the Unclaimed Property Trust Fund. Provides that the Treasurer shall be responsible for any tax reporting required by federal law related to payments under the Revised Uniform Unclaimed Property Act. House Floor Amendment No. 3 Adds reference to: 765 ILCS 1026/15-210 765 ILCS 1026/15-1002.1 765 ILCS 1026/15-1004 765 ILCS 1026/15-1401 765 ILCS 1026/15-1402 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: Further amends the Revised Uniform Unclaimed Property Act. Provides that a money order is presumed abandoned if it is unclaimed by the apparent owner 5 (rather than 3) years after issuance. Provides that any instrument on which a financial organization or business association is directly liable, other than a money order, is presumed abandoned if it is unclaimed by the apparent owner 3 years after issuance. Makes changes concerning the time and circumstances under which financial organization deposits are presumed abandoned. Makes changes in provisions governing extending the reporting date of certain reported renewable time deposits. Deletes language requiring a holder to inform the State Treasurer, as administrator, to provide a telephone number that persons may call to inquire about or claim property. Provides that the State Treasurer may, at reasonable times and upon reasonable notice: (1) examine the records of specified types of financial organizations under certain conditions; (2) issue an administrative subpoena requiring the financial organization to make records available for examination; and (3) bring an action seeking judicial enforcement of the subpoena. Provides that records obtained in examinations of State-regulated financial organizations are subject to the same provisions concerning use and confidentiality as records obtained in examinations of other persons. Makes other changes. Adds an immediate effective date. House Floor Amendment No. 4 Provides that a time deposit for which the owner has not consented to automatic renewal of the time deposit is presumed abandoned 3 years after the later of maturity or the date of the last indication of interest in the property by the apparent owner (instead of "3 years after the date of last indication of interest in the property by the apparent owner").
- Who sponsors SB 338?
- SB 338 is sponsored by Rachelle Crowe and Michael J. Zalewski.
- What is the current status of SB 338?
- This bill has been enacted into law. Introduced February 19, 2021. Enacted.
- Where can I track SB 338?
- Track SB 338 free on One Click Politics — get push/email alerts when it moves.
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