New legislation proposed by Judy Baar Topinka, state of Illinois treasurer, may keep companies from subtracting fees from the balance of unused gift cards.

Some companies with locations in the DeKalb area state on the back of their gift cards that fees are assessed.

The legislation proposes that fees collected by companies become unclaimed property and, thus, would be subject to collection by the treasurer’s office. This legislation would seek to amend the Uniform Disposition of Unclaimed Property Act, which gives Topinka’s office the power to distribute the property.

“They would have to turn it over to the state,” said Carolyn Barry Frost, a spokeswoman for the treasurer’s office. “This says if you’re going to charge, you have to claim it as unclaimed property.”

Frost said the treasurer would return the fees to the customers who hold the gift cards.

In 2001, Topinka helped pass legislation that banned expiration dates for gift cards and gift certificates in Illinois.

Applebee’s, 2411 Sycamore Road, has gift cards available which state on the back, “After 24 consecutive months of non-use, a $1.50-per-month service fee will be deducted from the remaining balance except where prohibited by law.”

Time and fee restrictions vary from company to company. Barnes and Noble Booksellers, 2439 Sycamore Road, has a limit of 12 months.

However, Anita Johnson, community relations manager for the local Barnes and Noble store, said the full face value of the card is paid, regardless of how long the card has been out.

“Some of these cards are never turned in,” said Richard Baker, a presidential teaching professor in NIU’s accounting department.

He says the cards are a lasting liability for the companies. These cards, if left unused, stay in the records of the company that sold them.

“I do not like the service fee idea,” Baker said. “I don’t see the economic value for that.”

Baker said he would be fair as long as the card buyer or holder knows the stipulation.

“At some point, the company wants the card off their books,” Baker said. He said a large amount of money could be collected from the cards if they expire.

Similar legislation already exists in California and Massachusetts.