Illinois General Assembly - Full Text of SB3174
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Full Text of SB3174  102nd General Assembly

SB3174enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB3174 EnrolledLRB102 24006 LNS 33215 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Revised Uniform Unclaimed Property Act is
5amended by changing Sections 15-503, 15-903, and 15-904 as
6follows:
 
7    (765 ILCS 1026/15-503)
8    Sec. 15-503. Notice by administrator.
9    (a) The administrator shall give notice to an apparent
10owner that property presumed abandoned and appears to be owned
11by the apparent owner is held by the administrator under this
12Act.
13    (b) In providing notice under subsection (a), the
14administrator shall:
15        (1) except as otherwise provided in paragraph (2),
16    send written notice by first-class United States mail to
17    each apparent owner of property valued at $100 or more
18    held by the administrator, unless the administrator
19    determines that a mailing by first-class United States
20    mail would not be received by the apparent owner, and, in
21    the case of a security held in an account for which the
22    apparent owner had consented to receiving electronic mail
23    from the holder, send notice by electronic mail if the

 

 

SB3174 Enrolled- 2 -LRB102 24006 LNS 33215 b

1    electronic-mail address of the apparent owner is known to
2    the administrator instead of by first-class United States
3    mail; or
4        (2) send the notice to the apparent owner's
5    electronic-mail address if the administrator does not have
6    a valid United States mail address for an apparent owner,
7    but has an electronic-mail address that the administrator
8    does not know to be invalid.
9    (c) In addition to the notice under subsection (b), the
10administrator shall:
11        (1) publish every 6 months in at least one English
12    language newspaper of general circulation in each county
13    in this State notice of property held by the administrator
14    which must include:
15            (A) the total value of property received by the
16        administrator during the preceding 6-month period,
17        taken from the reports under Section 15-401;
18            (B) the total value of claims paid by the
19        administrator during the preceding 6-month period;
20            (C) the Internet web address of the unclaimed
21        property website maintained by the administrator;
22            (D) an electronic-mail address to contact the
23        administrator to inquire about or claim property; and
24            (E) a statement that a person may access the
25        Internet by a computer to search for unclaimed
26        property and a computer may be available as a service

 

 

SB3174 Enrolled- 3 -LRB102 24006 LNS 33215 b

1        to the public at a local public library.
2        (2) The administrator shall maintain a website
3    accessible by the public and electronically searchable
4    which contains the names reported to the administrator of
5    apparent owners for whom property is being held by the
6    administrator. The administrator need not list property on
7    such website when: no owner name was reported, a claim has
8    been initiated or is pending for the property, the
9    administrator has made direct contact with the apparent
10    owner of the property, and in other instances where the
11    administrator reasonably believes exclusion of the
12    property is in the best interests of both the State and the
13    owner of the property.
14    (d) The website or database maintained under subsection
15(c)(2) must include instructions for filing with the
16administrator a claim to property and an online claim form
17with instructions. The website may also provide a printable
18claim form with instructions for its use.
19    (e) Tax return identification of apparent owners of
20abandoned property.
21        (1) At least annually the administrator shall notify
22    the Department of Revenue of the names of persons
23    appearing to be owners of abandoned property under this
24    Section. The administrator shall also provide to the
25    Department of Revenue the social security numbers of the
26    persons, if available.

 

 

SB3174 Enrolled- 4 -LRB102 24006 LNS 33215 b

1        (2) The Department of Revenue shall notify the
2    administrator if any person under subsection (e)(1) has
3    filed an Illinois income tax return and shall provide the
4    administrator with the last known address of the person as
5    it appears in Department of Revenue records, except as
6    prohibited by federal law. The Department of Revenue may
7    also provide additional addresses for the same taxpayer
8    from the records of the Department, except as prohibited
9    by federal law.
10        (3) In order to facilitate the return of property
11    under this subsection, the administrator and the
12    Department of Revenue may enter into an interagency
13    agreement concerning protection of confidential
14    information, data match rules, and other issues.
15        (4) The administrator may deliver, as provided under
16    Section 15-904 of this Act, property or pay the amount
17    owing to a person matched under this Section without the
18    person filing a claim under Section 15-903 of this Act if
19    the following conditions are met:
20            (A) the value of the property that is owed the
21        person is $5,000 $2,000 or less;
22            (B) the property is not either tangible property
23        or securities;
24            (C) the last known address for the person
25        according to the Department of Revenue records is less
26        than 12 months old; and

 

 

SB3174 Enrolled- 5 -LRB102 24006 LNS 33215 b

1            (D) the administrator has evidence sufficient to
2        establish that the person who appears in Department of
3        Revenue records is the owner of the property and the
4        owner currently resides at the last known address from
5        the Department of Revenue.
6        (5) If the value of the property that is owed the
7    person is greater than $5,000 $2,000, or is tangible
8    property or securities the administrator shall provide
9    notice to the person, informing the person that he or she
10    is the owner of abandoned property held by the State and
11    may file a claim with the administrator for return of the
12    property.
13        (6) The administrator does not need to notify the
14    Department of Revenue of the names or social security
15    numbers of apparent owners of abandoned property if the
16    administrator reasonably believes that the Department of
17    Revenue will be unable to provide information that would
18    provide sufficient evidence to establish that the person
19    in the Department of Revenue's records is the apparent
20    owner of unclaimed property in the custody of the
21    administrator.
22    (f) The administrator may use additional databases to
23verify the identity of the person and that the person
24currently resides at the last known address. The administrator
25may utilize publicly and commercially available databases to
26find and update or add information for apparent owners of

 

 

SB3174 Enrolled- 6 -LRB102 24006 LNS 33215 b

1property held by the administrator.
2    (g) In addition to giving notice under subsection (b),
3publishing the information under subsection (c)(1) and
4maintaining the website or database under subsection (c)(2),
5the administrator may use other printed publication,
6telecommunication, the Internet, or other media to inform the
7public of the existence of unclaimed property held by the
8administrator.
9    (h) Identification of apparent owners of abandoned
10property using other State databases.
11        (1) The administrator may enter into interagency
12    agreements with the Secretary of State and the Illinois
13    State Board of Elections to identify persons appearing to
14    be owners of abandoned property with databases under the
15    control of the Secretary of State and the Illinois State
16    Board of Elections. Such interagency agreements shall
17    include protection of confidential information, data match
18    rules, and other necessary and proper issues.
19        (2) Except as prohibited by federal law, after January
20    1, 2022 the administrator may provide the Secretary of
21    State with names and other identifying information of
22    persons appearing to be owners of abandoned property. The
23    Secretary of State may provide the administrator with the
24    last known address as it appears in its respective records
25    of any person reasonably believed to be the apparent owner
26    of abandoned property.

 

 

SB3174 Enrolled- 7 -LRB102 24006 LNS 33215 b

1        (3) The Illinois State Board of Elections shall, upon
2    request, annually provide the administrator with
3    electronic data or compilations of voter registration
4    information. The administrator may use such electronic
5    data or compilations of voter registration information to
6    identify persons appearing to be owners of abandoned
7    property.
8        (4) The administrator may deliver, as provided under
9    Section 15-904, property or pay the amount owing to a
10    person matched under this Section without the person
11    filing a claim under Section 15-903 if:
12            (i) the value of the property that is owed the
13        person is $5,000 $2,000 or less;
14            (ii) the property is not either tangible property
15        or securities;
16            (iii) the last known address for the person
17        according to the records of the Secretary of State or
18        Illinois State Board of Elections is less than 12
19        months old; and
20            (iv) the administrator has evidence sufficient to
21        establish that the person who appears in the records
22        of the Secretary of State or Illinois State Board of
23        Elections is the owner of the property and the owner
24        currently resides at the last known address from the
25        Secretary of State or the Illinois State Board of
26        Elections.

 

 

SB3174 Enrolled- 8 -LRB102 24006 LNS 33215 b

1(Source: P.A. 102-288, eff. 8-6-21.)
 
2    (765 ILCS 1026/15-903)
3    Sec. 15-903. Claim for property by person claiming to be
4owner.
5    (a) A person claiming to be the owner of property held
6under this Act by the administrator or to the proceeds from the
7sale thereof may file a claim for the property on a form
8prescribed by the administrator. The claimant must verify the
9claim as to its completeness and accuracy.
10    (b) The administrator may waive the requirement in
11subsection (a) and may pay or deliver property directly to a
12person if:
13        (1) the person receiving the property or payment is
14    shown to be the apparent owner included on a report filed
15    under Section 15-401;
16        (2) the administrator reasonably believes the person
17    is entitled to receive the property or payment; and
18        (3) the property has a value of less than $2,000 $500.
19    (c) The administrator may change the maximum value in
20subsection (b) by administrative rule.
21(Source: P.A. 100-22, eff. 1-1-18.)
 
22    (765 ILCS 1026/15-904)
23    Sec. 15-904. When administrator must honor claim for
24property.

 

 

SB3174 Enrolled- 9 -LRB102 24006 LNS 33215 b

1    (a) The administrator shall pay or deliver property to a
2claimant under subsection (a) of Section 15-903 if the
3administrator receives evidence sufficient to establish to the
4satisfaction of the administrator that the claimant is the
5owner of the property.
6    (b) A claim will be considered complete when a claimant
7has provided all the information and documentation requested
8by the administrator as necessary to establish legal ownership
9and such information or documentation is entered into the
10administrator's unclaimed property system. Unless extended for
11reasonable cause, not later than 90 days after a claim is
12complete the administrator shall allow or deny the claim and
13give the claimant notice in a record of the decision. If a
14claimant fails to provide all the information and
15documentation requested by the administrator as necessary to
16establish legal ownership of the property and the claim is
17inactive for at least 90 days, then the administrator may
18close the claim without issuing a final decision. However, if
19the claimant makes a request in writing for a final decision
20prior to the administrator's closing of the claim, the
21administrator shall issue a final decision.
22    (b-5) An heir or agent who files an unclaimed property
23claim in which the decedent's property does not exceed $250
24$100 may submit an affidavit attesting to the heir's or
25agent's capacity to claim in lieu of submitting a certified
26copy of the will to verify a claim. The affidavit shall be

 

 

SB3174 Enrolled- 10 -LRB102 24006 LNS 33215 b

1accompanied by a copy of other documentary proof that the
2administrator requests, except the administrator shall not
3require that the affidavit be accompanied by a copy of the
4decedent's death certificate if other evidence of the death of
5the owner is available. The administrator may change the
6maximum value in this subsection by administrative rule.
7    (c) If the claim is denied or there is insufficient
8evidence to allow the claim under subsection (b):
9        (1) the administrator shall inform the claimant of the
10    reason for the denial and may specify what additional
11    evidence, if any, is required for the claim to be allowed;
12        (2) the claimant may file an amended claim with the
13    administrator or commence an action under Section 15-906;
14    and
15        (3) the administrator shall consider an amended claim
16    filed under paragraph (2) as an initial claim.
17(Source: P.A. 100-22, eff. 1-1-18; 101-342, eff. 8-9-19.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.