(765 ILCS 1026/15-805)

Sec. 15-805. Escheat of certain abandoned local government moneys. Property presumed abandoned where the administrator reasonably believes the owner is a unit of local government in this State shall escheat to the State and shall be deposited into the General Revenue Fund if all of the following apply:

(1) the administrator has provided written notice to the unit of local government pursuant to subsection (b) of Section 15-504 at least 3 times in at least 3 different calendar years;

(2) it has been more than 5 years since the administrator first provided written notice to the unit of local government pursuant to subsection (b) of Section 15-504;

(3) the administrator has published a notice on the administrator's website for at least one year of the value of the property, the name of the unit of local government, and that such presumed abandoned property is subject to escheat; and

(4) the unit of local government has not initiated a claim or otherwise expressed an indication of interest in the property.

(Source: P.A. 103-148, eff. 6-30-23.)

(765 ILCS 1026/15-806)

Sec. 15-806. Escheat of certain abandoned State agency moneys. Property presumed abandoned where the administrator reasonably believes the owner is a State agency as defined in the Illinois State Auditing Act, shall escheat to the State and shall be deposited into the General Revenue Fund if all of the following apply:

(1) the administrator has provided written notice to the State agency pursuant to subsection (c) of Section 15-504 at least 3 times in at least 3 different calendar years;

(2) it has been more than 3 years since the administrator first provided written notice to the State agency pursuant to subsection (c) of Section 15-504; and

(3) the State agency has not initiated a claim or otherwise expressed an indication of interest in the property.

(Source: P.A. 103-148, eff. 6-30-23.)

(765 ILCS 1026/Art. 9 heading) ARTICLE 9. CLAIM TO RECOVER PROPERTY FROM ADMINISTRATOR (Source: P.A. 100-22, eff. 1-1-18.)

(765 ILCS 1026/15-901)

Sec. 15-901. Claim of another state to recover property.

(a) If the administrator knows that property held by the administrator under this Act is subject to a superior claim of another state, the administrator shall:

(1) report and pay or deliver the property to the other state; or

(2) return the property to the holder so that the holder may pay or deliver the property to the other state.

(b) The administrator is not required to enter into an agreement to transfer property to the other state under subsection (a).

(Source: P.A. 100-22, eff. 1-1-18.)

(765 ILCS 1026/15-902)

Sec. 15-902. Property subject to recovery by another state.

(a) Property held under this Act by the administrator is subject to the right of another state to take custody of the property if:

(1) the property was paid or delivered to the administrator because the records of the holder did not reflect a last-known address in the other state of the apparent owner and:

(A) the other state establishes that the last-known address of the apparent owner or other person entitled to the property was in the other state; or

(B) under the law of the other state, the property has become subject to a claim by the other state of abandonment;

(2) the records of the holder did not accurately identify the owner of the property, the last-known address of the owner was in another state, and, under the law of the other state, the property has become subject to a claim by the other state of abandonment;

(3) the property was subject to the custody of the administrator of this State under Section 15-305 and, under the law of the state of domicile of the holder, the property has become subject to a claim by the state of domicile of the holder of abandonment; or

(4) the property:

(A) is a sum payable on a traveler's check, money order, or similar instrument that was purchased in the other state and delivered to the administrator under Section 15-306; and

(B) under the law of the other state, has become subject to a claim by the other state of abandonment.

(b) A claim by another state to recover property under this Section must be presented in a form prescribed by the administrator, unless the administrator waives presentation of the form.

(c) The administrator shall decide a claim under this Section not later than 90 days after it is presented. If the administrator determines that the other state is entitled under subsection (a) to custody of the property, the administrator shall allow the claim and pay or deliver the property to the other state.

(d) The administrator may require another state, before recovering property under this Section, to agree to indemnify this State and its agents, officers and employees against any liability on a claim to the property.

(Source: P.A. 100-22, eff. 1-1-18.)

(765 ILCS 1026/15-903)

Sec. 15-903. Claim for property by person claiming to be owner.

(a) A person claiming to be the owner of property held under this Act by the administrator or to the proceeds from the sale thereof may file a claim for the property on a form prescribed by the administrator. The claimant must verify the claim as to its completeness and accuracy.

(b) The administrator may waive the requirement in subsection (a) and may pay or deliver property directly to a person if:

(1) the person receiving the property or payment is shown to be the apparent owner included on a report filed under Section 15-401;

(2) the administrator reasonably believes the person is entitled to receive the property or payment; and

(3) the property has a value of less than $2,000.

(c) The administrator may change the maximum value in subsection (b) by administrative rule.

(Source: P.A. 102-835, eff. 5-13-22.)

(765 ILCS 1026/15-904)

Sec. 15-904. When administrator must honor claim for property.

(a) The administrator shall pay or deliver property to a claimant under subsection (a) of Section 15-903 if the administrator receives evidence sufficient to establish to the satisfaction of the administrator that the claimant is the owner of the property.

(b) A claim will be considered complete when a claimant has provided all the information and documentation requested by the administrator as necessary to establish legal ownership and such information or documentation is entered into the administrator's unclaimed property system. Unless extended for reasonable cause, not later than 90 days after a claim is complete the administrator shall allow or deny the claim and give the claimant notice in a record of the decision. If a claimant fails to provide all the information and documentation requested by the administrator as necessary to establish legal ownership of the property and the claim is inactive for at least 90 days, then the administrator may close the claim without issuing a final decision. However, if the claimant makes a request in writing for a final decision prior to the administrator's closing of the claim, the administrator shall issue a final decision.

(b-5) An heir or agent who files an unclaimed property claim in which the decedent's property does not exceed $250 may submit an affidavit attesting to the heir's or agent's capacity to claim in lieu of submitting a certified copy of the will to verify a claim. The affidavit shall be accompanied by a copy of other documentary proof that the administrator requests, except the administrator shall not require that the affidavit be accompanied by a copy of the decedent's death certificate if other evidence of the death of the owner is available. The administrator may change the maximum value in this subsection by administrative rule.

(c) If the claim is denied or there is insufficient evidence to allow the claim under subsection (b):

(1) the administrator shall inform the claimant of the reason for the denial and may specify what additional evidence, if any, is required for the claim to be allowed;

(2) the claimant may file an amended claim with the administrator or commence an action under Section 15-906; and

(3) the administrator shall consider an amended claim filed under paragraph (2) as an initial claim.

(Source: P.A. 101-342, eff. 8-9-19; 102-835, eff. 5-13-22.)

(765 ILCS 1026/15-905)

Sec. 15-905. Allowance of claim for property.

(a) The administrator shall pay or deliver to the owner the property or pay to the owner the net proceeds of a sale of the property, together with income or gain to which the owner is entitled under Section 15-607. On request of the owner, the administrator may sell or liquidate property and pay the net proceeds to the owner, even if the property had been held by the administrator for less than 3 years or the administrator has not complied with the notice requirements under Section 15-503.

(b) Property held under this Act by the administrator is subject to offset under Section 10.05 of the State Comptroller Act.

(c) Any warrants issued by the Comptroller pursuant to a voucher from the administrator to pay an owner under this Act that are not presented to the Treasurer within 12 months of the date of issuance shall be void pursuant to Section 10.07 of the State Comptroller Act, but the funds shall not escheat to the State and shall instead be redeposited in the Unclaimed Property Trust Fund.

(d) The administrator shall be responsible for any tax reporting required by federal law related to payments made pursuant to this Act. The administrator may contract with a vendor to assist with the tax reporting duties required by this subsection.

(Source: P.A. 102-288, eff. 8-6-21.)

(765 ILCS 1026/15-906)

Sec. 15-906. Action by person whose claim is denied. Not later than one year after filing a claim under subsection (a) of Section 15-903, the claimant may commence a contested case pursuant to the Illinois Administrative Procedure Act to establish a claim by the preponderance of the evidence after either receiving notice under subsection (b) of Section 15-904 or the claim is deemed denied under subsection (b) of Section 15-904.

(Source: P.A. 102-288, eff. 8-6-21.)