Public Act 102-0835
 
SB3174 EnrolledLRB102 24006 LNS 33215 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Revised Uniform Unclaimed Property Act is 
amended  by changing Sections 15-503, 15-903, and 15-904 as 
follows:
 
    (765 ILCS 1026/15-503)

    Sec. 15-503. Notice by administrator.
    (a) The administrator shall give notice to an apparent 
owner that property presumed abandoned and appears to be owned 
by the apparent owner is held by the administrator under this 
Act.
    (b) In providing notice under subsection (a), the 
administrator shall:
        (1) except as otherwise provided in paragraph (2), 
    send written notice by first-class United States mail to 
    each apparent owner of property valued at $100 or more 
    held by the administrator, unless the administrator 
    determines that a mailing by first-class United States 
    mail would not be received by the apparent owner, and, in 
    the case of a security held in an account for which the 
    apparent owner had consented to receiving electronic mail 
    from the holder, send notice by electronic mail if the 
    electronic-mail address of the apparent owner is known to 
    the administrator instead of by first-class United States 
    mail; or
        (2) send the notice to the apparent owner's 
    electronic-mail address if the administrator does not have 
    a valid United States mail address for an apparent owner, 
    but has an electronic-mail address that the administrator 
    does not know to be invalid.
    (c) In addition to the notice under subsection (b), the 
administrator shall:
        (1) publish every 6 months in at least one English 
    language newspaper of general circulation in each county 
    in this State notice of property held by the administrator 
    which must include:
            (A) the total value of property received by the 
        administrator during the preceding 6-month period, 
        taken from the reports under Section 15-401;
            (B) the total value of claims paid by the 
        administrator during the preceding 6-month period;
            (C) the Internet web address of the unclaimed 
        property website maintained by the administrator;
            (D) an electronic-mail address to contact the 
        administrator to inquire about or claim property; and
            (E) a statement that a person may access the 
        Internet by a computer to search for unclaimed 
        property and a computer may be available as a service 
        to the public at a local public library.
        (2) The administrator shall maintain a website 
    accessible by the public and electronically searchable 
    which contains the names reported to the administrator of 
    apparent owners for whom property is being held by the 
    administrator.  The administrator need not list property on 
    such website when: no owner name was reported, a claim has 
    been initiated or is pending for the property, the 
    administrator has made direct contact with the apparent 
    owner of the property, and in other instances where the 
    administrator reasonably believes exclusion of the 
    property is in the best interests of both the State and the 
    owner of the property.
    (d) The website or database maintained under subsection 
(c)(2) must include instructions for filing with the 
administrator a claim to property and an online claim form 
with instructions. The website may also provide a printable 
claim form with instructions for its use.
    (e) Tax return identification of apparent owners of 
abandoned property.
        (1) At least annually the administrator shall notify 
    the Department of Revenue of the names of persons 
    appearing to be owners of abandoned property under this 
    Section. The administrator shall also provide to the 
    Department of Revenue the social security numbers of the 
    persons, if available.
        (2) The Department of Revenue shall notify the 
    administrator if any person under subsection (e)(1) has 
    filed an Illinois income tax return and shall provide the 
    administrator with the last known address of the person as 
    it appears in Department of Revenue records, except as 
    prohibited by federal law. The Department of Revenue may 
    also provide additional addresses for the same taxpayer 
    from the records of the Department, except as prohibited 
    by federal law.
        (3) In order to facilitate the return of property 
    under this subsection, the administrator and the 
    Department of Revenue may enter into an interagency 
    agreement concerning protection of confidential 
    information, data match rules, and other issues.
        (4) The administrator may deliver, as provided under 
    Section 15-904 of this Act, property or pay the amount 
    owing to a person matched under this Section without the 
    person filing a claim under Section 15-903 of this Act if 
    the following conditions are met:
            (A)    the value of the property that is owed the 
        person is $5,000 $2,000 or less;
            (B)   the property is not either tangible property 
        or securities;
            (C)    the last known address for the person 
        according to the Department of Revenue records is less 
        than 12 months old; and
            (D)     the administrator has evidence sufficient to 
        establish that the person who appears in Department of 
        Revenue records is the owner of the property and the 
        owner currently resides at the last known address from 
        the Department of Revenue.
        (5) If the value of the property that is owed the 
    person is greater than $5,000 $2,000, or is tangible 
    property or securities the administrator shall provide 
    notice to the person, informing the person that he or she 
    is the owner of abandoned property held by the State and 
    may file a claim with the administrator for return of the 
    property.
        (6) 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. 
    (f) The administrator may use additional databases to 
verify the identity of the person and that the person 
currently resides at the last known address. The administrator 
may utilize publicly and commercially available databases to 
find and update or add information for apparent owners of 
property held by the administrator.
    (g) In addition to giving notice under subsection (b), 
publishing the information under subsection (c)(1) and 
maintaining the website or database under subsection (c)(2), 
the administrator may use other printed publication, 
telecommunication, the Internet, or other media to inform the 
public of the existence of unclaimed property held by the 
administrator.

    (h) Identification of apparent owners of abandoned 
property using other State databases.
        (1)  The administrator may enter into interagency 
    agreements with the Secretary of State and the Illinois 
    State Board of Elections to identify persons appearing to 
    be owners of abandoned property with databases under the 
    control of the Secretary of State and the Illinois State 
    Board of Elections. Such interagency agreements shall 
    include protection of confidential information, data match 
    rules, and other necessary and proper issues.
        (2)  Except as prohibited by federal law, after January 
    1, 2022 the administrator may provide the Secretary of 
    State with names and other identifying information of 
    persons appearing to be owners of abandoned property. The 
    Secretary of State may provide the administrator 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.
        (3)  The Illinois State Board of Elections shall, upon 
    request, annually provide the administrator with 
    electronic data or compilations of voter registration 
    information. The administrator may use such electronic 
    data or compilations of voter registration information to 
    identify persons appearing to be owners of abandoned 
    property.
        (4)  The administrator may deliver, as provided under 
    Section 15-904, property or pay the amount owing to a 
    person matched under this Section without the person 
    filing a claim under Section 15-903 if:
            (i)  the value of the property that is owed the 
        person is $5,000 $2,000 or less;
            (ii)  the property is not either tangible property 
        or securities;
            (iii)  the last known address for the person 
        according to the records of the Secretary of State or 
        Illinois State Board of Elections is less than 12 
        months old; and
            (iv)  the administrator has evidence sufficient to 
        establish that the person who appears in the records 
        of the Secretary of State or Illinois State Board of 
        Elections is the owner of the property and the owner 
        currently resides at the last known address from the 
        Secretary of State or the Illinois State Board of 
        Elections. 
(Source: P.A. 102-288, eff. 8-6-21.)
 
    (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 $500.
    (c) The administrator may change the maximum value in 
subsection (b) by administrative rule.

(Source: P.A. 100-22, eff. 1-1-18.)
 
    (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 
$100 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. 100-22, eff. 1-1-18; 101-342, eff. 8-9-19.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.