Full Text of HB3806 100th General Assembly
HB3806sam003 100TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 5/30/2018
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| 1 | | AMENDMENT TO HOUSE BILL 3806
| 2 | | AMENDMENT NO. ______. Amend House Bill 3806 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Revised Uniform Unclaimed Property Act is | 5 | | amended by changing Sections 15-201, 15-210, 15-503, 15-603, | 6 | | 15-1002.1, 15-1004, 15-1401, and 15-1402 as follows: | 7 | | (765 ILCS 1026/15-201)
| 8 | | Sec. 15-201. When property presumed abandoned. Subject to | 9 | | Section 15-210, the following property is presumed abandoned if | 10 | | it is unclaimed by the apparent owner during the period | 11 | | specified below: | 12 | | (1) a traveler's check, 15 years after issuance; | 13 | | (2) a money order, 3 7 years after issuance; | 14 | | (3) any instrument on which a financial organization or | 15 | | business association is directly liable, 3 years after | 16 | | issuance; |
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| 1 | | (4) a state or municipal bond, bearer bond, or | 2 | | original-issue-discount bond, 3 years after the earliest | 3 | | of the date the bond matures or is called or the obligation | 4 | | to pay the principal of the bond arises; | 5 | | (5) a debt of a business association, 3 years after the | 6 | | obligation to pay arises; | 7 | | (6) financial organization deposits as follows: | 8 | | (i) a demand deposit, 3 years after the date of the | 9 | | last indication of interest in the property by the | 10 | | apparent owner; | 11 | | (ii) a savings deposit, 3 years after the date of | 12 | | last indication of interest in the property by the | 13 | | apparent owner; | 14 | | (iii) a time deposit for which the owner has not | 15 | | consented to automatic renewal of the time deposit, 5 | 16 | | years after the date of last indication of interest in | 17 | | the property by the apparent owner; | 18 | | (iv) an automatically renewable time deposit for | 19 | | which the owner consented to the automatic renewal in a | 20 | | record on file with the holder, 5 years after the date | 21 | | of last indication of interest in the property by the | 22 | | apparent owner, following the completion of the | 23 | | initial term of the time deposit and one automatic | 24 | | renewal term of the time deposit a demand, savings, or | 25 | | time deposit, 3 years after the later of maturity or | 26 | | the date of the last indication of interest in the |
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| 1 | | property by the apparent owner, except for a deposit | 2 | | that is automatically renewable, 3 years after its | 3 | | initial date of maturity unless the apparent owner | 4 | | consented in a record on file with the holder to | 5 | | renewal at or about the time of the renewal ; | 6 | | (7) money or a credit owed to a customer as a result of | 7 | | a retail business transaction, other than in-store credit | 8 | | for returned merchandise, 3 years after the obligation | 9 | | arose; | 10 | | (8) an amount owed by an insurance company on a life or | 11 | | endowment insurance policy or an annuity contract that has | 12 | | matured or terminated, 3 years after the obligation to pay | 13 | | arose under the terms of the policy or contract or, if a | 14 | | policy or contract for which an amount is owed on proof of | 15 | | death has not matured by proof of the death of the insured | 16 | | or annuitant, as follows: | 17 | | (A) with respect to an amount owed on a life or | 18 | | endowment insurance policy, the earlier of: | 19 | | (i) 3 years after the death of the insured; or | 20 | | (ii) 2 years after the insured has attained, or | 21 | | would have attained if living, the limiting age | 22 | | under the mortality table on which the reserve for | 23 | | the policy is based; and | 24 | | (B) with respect to an amount owed on an annuity | 25 | | contract, 3 years after the death of the annuitant. | 26 | | (9) funds on deposit or held in trust pursuant to the |
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| 1 | | Illinois Funeral or Burial Funds Act, the earliest of: | 2 | | (A) 2 years after the date of death of the | 3 | | beneficiary; | 4 | | (B) one year after the date the beneficiary has | 5 | | attained, or would have attained if living, the age of | 6 | | 105 where the holder does not know whether the | 7 | | beneficiary is deceased; | 8 | | (C) 40 years after the contract for prepayment was | 9 | | executed; | 10 | | (10) property distributable by a business association | 11 | | in the course of dissolution or distributions from the | 12 | | termination of a retirement plan, one year after the | 13 | | property becomes distributable; | 14 | | (11) property held by a court, including property | 15 | | received as proceeds of a class action, 3 years after the | 16 | | property becomes distributable; | 17 | | (12) property held by a government or governmental | 18 | | subdivision, agency, or instrumentality, including | 19 | | municipal bond interest and unredeemed principal under the | 20 | | administration of a paying agent or indenture trustee, 3 | 21 | | years after the property becomes distributable; | 22 | | (13) wages, commissions, bonuses, or reimbursements to | 23 | | which an employee is entitled, or other compensation for | 24 | | personal services, including amounts held on a payroll | 25 | | card, one year after the amount becomes payable; | 26 | | (14) a deposit or refund owed to a subscriber by a |
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| 1 | | utility, one year after the deposit or refund becomes | 2 | | payable, except that any capital credits or patronage | 3 | | capital retired, returned, refunded or tendered to a member | 4 | | of an electric cooperative, as defined in Section 3.4 of | 5 | | the Electric Supplier Act, or a telephone or | 6 | | telecommunications cooperative, as defined in Section | 7 | | 13-212 of the Public Utilities Act, that has remained | 8 | | unclaimed by the person appearing on the records of the | 9 | | entitled cooperative for more than 2 years, shall not be | 10 | | subject to, or governed by, any other provisions of this | 11 | | Act, but rather shall be used by the cooperative for the | 12 | | benefit of the general membership of the cooperative; and | 13 | | (15) property not specified in this Section or Sections | 14 | | 15-202 through 15-208, the earlier of 3 years after the | 15 | | owner first has a right to demand the property or the | 16 | | obligation to pay or distribute the property arises. | 17 | | Notwithstanding anything to the contrary in this Section | 18 | | 15-201, and subject to Section 15-210, a deceased owner cannot | 19 | | indicate interest in his or her property. If the owner is | 20 | | deceased and the abandonment period for the owner's property | 21 | | specified in this Section 15-201 is greater than 2 years, then | 22 | | the property, other than an amount owed by an insurance company | 23 | | on a life or endowment insurance policy or an annuity contract | 24 | | that has matured or terminated, shall instead be presumed | 25 | | abandoned 2 years from the date of the owner's last indication | 26 | | of interest in the property.
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| 1 | | (Source: P.A. 100-22, eff. 1-1-18; 100-566, eff. 1-1-18.) | 2 | | (765 ILCS 1026/15-210)
| 3 | | Sec. 15-210. Indication of apparent owner interest in | 4 | | property. | 5 | | (a) The period after which property is presumed abandoned | 6 | | is measured from the later of: | 7 | | (1) the date the property is presumed abandoned under | 8 | | this Article; or | 9 | | (2) the latest indication of interest by the apparent | 10 | | owner in the property. | 11 | | (b) Under this Act, an indication of an apparent owner's | 12 | | interest in property includes: | 13 | | (1) a record communicated by the apparent owner to the | 14 | | holder or agent of the holder concerning the property or | 15 | | the account in which the property is held; | 16 | | (2) an oral communication by the apparent owner to the | 17 | | holder or agent of the holder concerning the property or | 18 | | the account in which the property is held, if the holder or | 19 | | its agent contemporaneously makes and preserves a record of | 20 | | the fact of the apparent owner's communication; | 21 | | (3) presentment of a check or other instrument of | 22 | | payment of a dividend, interest payment, or other | 23 | | distribution, or evidence of receipt of a distribution made | 24 | | by electronic or similar means, with respect to an account, | 25 | | underlying security, or interest in a business |
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| 1 | | association; | 2 | | (4) activity directed by an apparent owner in the | 3 | | account in which the property is held, including accessing | 4 | | the account or information concerning the account, or a | 5 | | direction by the apparent owner to increase, decrease, or | 6 | | otherwise change the amount or type of property held in the | 7 | | account; | 8 | | (5) a deposit into or withdrawal from an account at a | 9 | | financial organization, except for a recurring Automated | 10 | | Clearing House (ACH) debit or credit previously authorized | 11 | | by the apparent owner or an automatic reinvestment of | 12 | | dividends or interest; and | 13 | | (6) subject to subsection (e), payment of a premium on | 14 | | an insurance policy. | 15 | | (c) An action by an agent or other representative of an | 16 | | apparent owner, other than the holder acting as the apparent | 17 | | owner's agent, is presumed to be an action on behalf of the | 18 | | apparent owner. | 19 | | (d) A communication with an apparent owner by a person | 20 | | other than the holder or the holder's representative is not an | 21 | | indication of interest in the property by the apparent owner | 22 | | unless a record of the communication evidences the apparent | 23 | | owner's knowledge of a right to the property. | 24 | | (e) If the insured dies or the insured or beneficiary of an | 25 | | insurance policy otherwise becomes entitled to the proceeds | 26 | | before depletion of the cash surrender value of the policy by |
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| 1 | | operation of an automatic-premium-loan provision or other | 2 | | nonforfeiture provision contained in the policy, the operation | 3 | | does not prevent the policy from maturing or terminating. | 4 | | (f) If the apparent owner has another property with the | 5 | | holder to which Section 201(6) applies, then activity directed | 6 | | by an apparent owner in any other accounts, including loan | 7 | | accounts, at a financial organization holding an inactive | 8 | | account of the apparent owner shall be an indication of | 9 | | interest in all such accounts if:
| 10 | | (A) the apparent owner engages in one or more of | 11 | | the following activities:
| 12 | | (i) the apparent owner undertakes one or more | 13 | | of the actions described in subsection (b) of this | 14 | | Section regarding any of the other accounts the | 15 | | apparent owner has with the financial organization | 16 | | account that appears on a consolidated statement | 17 | | with the inactive account ;
| 18 | | (ii) the apparent owner increases or decreases | 19 | | the amount of funds in any other account the | 20 | | apparent owner has with the financial | 21 | | organization; or
| 22 | | (iii) the apparent owner engages in any other | 23 | | relationship with the financial organization, | 24 | | including payment of any amounts due on a loan; and
| 25 | | (B) the foregoing apply so long as the mailing | 26 | | address for the apparent owner in the financial |
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| 1 | | organization's books and records is the same for both | 2 | | the inactive account and the active account.
| 3 | | (Source: P.A. 100-22, eff. 1-1-18 .) | 4 | | (765 ILCS 1026/15-503)
| 5 | | Sec. 15-503. Notice by administrator. | 6 | | (a) The administrator shall give notice to an apparent | 7 | | owner that property presumed abandoned and appears to be owned | 8 | | by the apparent owner is held by the administrator under this | 9 | | Act. | 10 | | (b) In providing notice under subsection (a), the | 11 | | administrator shall: | 12 | | (1) except as otherwise provided in paragraph (2), send | 13 | | written notice by first-class United States mail to each | 14 | | apparent owner of property valued at $100 or more held by | 15 | | the administrator, unless the administrator determines | 16 | | that a mailing by first-class United States mail would not | 17 | | be received by the apparent owner, and, in the case of a | 18 | | security held in an account for which the apparent owner | 19 | | had consented to receiving electronic mail from the holder, | 20 | | send notice by electronic mail if the electronic-mail | 21 | | address of the apparent owner is known to the administrator | 22 | | instead of by first-class United States mail; or | 23 | | (2) send the notice to the apparent owner's | 24 | | electronic-mail address if the administrator does not have | 25 | | a valid United States mail address for an apparent owner, |
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| 1 | | but has an electronic-mail address that the administrator | 2 | | does not know to be invalid. | 3 | | (c) In addition to the notice under subsection (b), the | 4 | | administrator shall: | 5 | | (1) publish every 6 months in at least one English | 6 | | language newspaper of general circulation in each county in | 7 | | this State notice of property held by the administrator | 8 | | which must include: | 9 | | (A) the total value of property received by the | 10 | | administrator during the preceding 6-month period, | 11 | | taken from the reports under Section 15-401; | 12 | | (B) the total value of claims paid by the | 13 | | administrator during the preceding 6-month period; | 14 | | (C) the Internet web address of the unclaimed | 15 | | property website maintained by the administrator; | 16 | | (D) an a telephone number and electronic-mail | 17 | | address to contact the administrator to inquire about | 18 | | or claim property; and | 19 | | (E) a statement that a person may access the | 20 | | Internet by a computer to search for unclaimed property | 21 | | and a computer may be available as a service to the | 22 | | public at a local public library. | 23 | | (2) The administrator shall maintain a website | 24 | | accessible by the public and electronically searchable | 25 | | which contains the names reported to the administrator of | 26 | | apparent owners for whom property is being held by the |
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| 1 | | administrator. The administrator need not list property on | 2 | | such website when: no owner name was reported, a claim has | 3 | | been initiated or is pending for the property, the | 4 | | administrator has made direct contact with the apparent | 5 | | owner of the property, and in other instances where the | 6 | | administrator reasonably believes exclusion of the | 7 | | property is in the best interests of both the State and the | 8 | | owner of the property. | 9 | | (d) The website or database maintained under subsection | 10 | | (c)(2) must include instructions for filing with the | 11 | | administrator a claim to property and an online claim form with | 12 | | instructions. The website may also provide a printable claim | 13 | | form with instructions for its use. | 14 | | (e) Tax return identification of apparent owners of | 15 | | abandoned property. | 16 | | (1) At least annually the administrator shall notify | 17 | | the Department of Revenue of the names of persons appearing | 18 | | to be owners of abandoned property under this Section. The | 19 | | administrator shall also provide to the Department of | 20 | | Revenue the social security numbers of the persons, if | 21 | | available. The administrator does not need to notify the | 22 | | Department of Revenue of the names or social security | 23 | | numbers of apparent owners of abandoned property if he or | 24 | | she reasonably believes that the Department of Revenue will | 25 | | be unable to provide information that would provide | 26 | | sufficient evidence to establish that the person in the |
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| 1 | | Department of Revenue's records is the apparent owner of | 2 | | unclaimed property in the custody of the administrator. | 3 | | (2) The Department of Revenue shall notify the | 4 | | administrator if any person under subsection (e)(1) has | 5 | | filed an Illinois income tax return and shall provide the | 6 | | administrator with the last known address of the person as | 7 | | it appears in Department of Revenue records, except as | 8 | | prohibited by federal law. The Department of Revenue may | 9 | | also provide additional addresses for the same taxpayer | 10 | | from the records of the Department, except as prohibited by | 11 | | federal law. | 12 | | (3) In order to facilitate the return of property under | 13 | | this subsection, the administrator and the Department of | 14 | | Revenue may enter into an interagency agreement concerning | 15 | | protection of confidential information, data match rules, | 16 | | and other issues. | 17 | | (4) The administrator may deliver, as provided under | 18 | | Section 15-904 of this Act, property or pay the amount | 19 | | owing to a person matched under this Section without the | 20 | | person filing a claim under Section 15-903 of this Act if | 21 | | the following conditions are met: | 22 | | (A) the value of the property that is owed the | 23 | | person is $2,000 or less; | 24 | | (B) the property is not either tangible property or | 25 | | securities; | 26 | | (C) the last known address for the person according |
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| 1 | | to the Department of Revenue records is less than 12 | 2 | | months old; and | 3 | | (D) the administrator has evidence sufficient to | 4 | | establish that the person who appears in Department of | 5 | | Revenue records is the owner of the property and the | 6 | | owner currently resides at the last known address from | 7 | | the Department of Revenue. | 8 | | (5) If the value of the property that is owed the | 9 | | person is greater than $2,000, or is tangible property or | 10 | | securities the administrator shall provide notice to the | 11 | | person, informing the person that he or she is the owner of | 12 | | abandoned property held by the State and may file a claim | 13 | | with the administrator for return of the property. | 14 | | (f) The administrator may use additional databases to | 15 | | verify the identity of the person and that the person currently | 16 | | resides at the last known address. The administrator may | 17 | | utilize publicly and commercially available databases to find | 18 | | and update or add information for apparent owners of property | 19 | | held by the administrator. | 20 | | (g) In addition to giving notice under subsection (b), | 21 | | publishing the information under subsection (c)(1) and | 22 | | maintaining the website or database under subsection (c)(2), | 23 | | the administrator may use other printed publication, | 24 | | telecommunication, the Internet, or other media to inform the | 25 | | public of the existence of unclaimed property held by the | 26 | | administrator.
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| 1 | | (Source: P.A. 100-22, eff. 1-1-18; 100-566, eff. 1-1-18.) | 2 | | (765 ILCS 1026/15-603)
| 3 | | Sec. 15-603. Payment or delivery of property to | 4 | | administrator. | 5 | | (a) Except as otherwise provided in this Section, on filing | 6 | | a report under Section 15-401, the holder shall pay or deliver | 7 | | to the administrator the property described in the report. | 8 | | (b) If property in a report under Section 15-401 is an | 9 | | automatically renewable time deposit and the holder determines | 10 | | that a penalty or forfeiture in the payment of interest would | 11 | | result from paying the deposit to the administrator at the time | 12 | | of the report, the date for reporting and delivering payment of | 13 | | the property to the administrator is extended until a penalty | 14 | | or forfeiture no longer would result from delivery of the | 15 | | property to the administrator. The holder shall report and | 16 | | deliver the property on the next regular date prescribed for | 17 | | reporting by the holder under this Act after this extended | 18 | | date, and the holder shall indicate in its report to the | 19 | | administrator that the property is being reported on an | 20 | | extended date pursuant to this subsection (b). payment, if the | 21 | | holder informs the administrator of the extended date . | 22 | | (c) Tangible property in a safe-deposit box may not be | 23 | | delivered to the administrator until a mutually agreed upon | 24 | | date that is no sooner than 60 days after filing the report | 25 | | under Section 15-401. |
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| 1 | | (d) If property reported to the administrator under Section | 2 | | 15-401 is a security, the administrator may: | 3 | | (1) make an endorsement, instruction, or entitlement | 4 | | order on behalf of the apparent owner to invoke the duty of | 5 | | the issuer, its transfer agent, or the securities | 6 | | intermediary to transfer the security; or | 7 | | (2) dispose of the security under Section 15-702. | 8 | | (e) If the holder of property reported to the administrator | 9 | | under Section 15-401 is the issuer of a certificated security, | 10 | | the administrator may obtain a replacement certificate in | 11 | | physical or book-entry form under Section 8-405 of the Uniform | 12 | | Commercial Code. An indemnity bond is not required. | 13 | | (f) The administrator shall establish procedures for the | 14 | | registration, issuance, method of delivery, transfer, and | 15 | | maintenance of securities delivered to the administrator by a | 16 | | holder. | 17 | | (g) An issuer, holder, and transfer agent or other person | 18 | | acting in good faith under this Section under instructions of | 19 | | and on behalf of the issuer or holder is not liable to the | 20 | | apparent owner for a claim arising with respect to property | 21 | | after the property has been delivered to the administrator. | 22 | | (h) A holder is not required to deliver to the | 23 | | administrator a security identified by the holder as a | 24 | | non-freely transferable security in a report filed under | 25 | | Section 15-401. If the administrator or holder determines that | 26 | | a security is no longer a non-freely transferable security, the |
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| 1 | | holder shall report and deliver the security on the next | 2 | | regular date prescribed for delivery of securities by the | 3 | | holder under this Act. The holder shall make a determination | 4 | | annually whether a security identified in a report filed under | 5 | | Section 15-401 as a non-freely transferable security is no | 6 | | longer a non-freely transferable security.
| 7 | | (Source: P.A. 100-22, eff. 1-1-18 .) | 8 | | (765 ILCS 1026/15-1002.1)
| 9 | | Sec. 15-1002.1. Examination of State-regulated financial | 10 | | organizations. | 11 | | (a) Notwithstanding Section 15-1002 of this Act, for any | 12 | | financial organization for which the Department of Financial | 13 | | and Professional Regulation is the primary prudential | 14 | | regulator, the administrator shall not examine such financial | 15 | | institution unless the administrator has consulted with the | 16 | | Secretary of Financial and Professional Regulation and the | 17 | | Department of Financial and Professional Regulation has not | 18 | | examined such financial organization for compliance with this | 19 | | Act within the past 5 years. The Secretary of Financial and | 20 | | Professional Regulation may waive in writing the provisions of | 21 | | this subsection (a) in order to permit the administrator to | 22 | | examine a financial organization or group of financial | 23 | | organizations for compliance with this Act. | 24 | | (b) Nothing in this Section shall be construed to prohibit | 25 | | the administrator from examining a financial organization for |
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| 1 | | which the Department of Financial and Professional Regulation | 2 | | is not the primary prudential regulator. Further, nothing in is | 3 | | this Act shall be construed to limit the authority of the | 4 | | Department of Financial and Professional Regulation to examine | 5 | | financial organizations. | 6 | | (c) Notwithstanding Section 15-1002, the administrator | 7 | | may, at reasonable times and upon reasonable notice: | 8 | | (1) examine the records of a financial organization | 9 | | that is a federally chartered bank, savings bank, or credit | 10 | | union if the administrator has reason to believe that the | 11 | | financial organization has failed to comply with this Act; | 12 | | (2) issue an administrative subpoena requiring the | 13 | | financial organization or an agent of the financial | 14 | | organization to make records available for examination; | 15 | | and | 16 | | (3) bring an action seeking judicial enforcement of the | 17 | | subpoena. | 18 | | The administrator may adopt administrative rules that | 19 | | specify conditions under which the administrator has a reason | 20 | | to believe that a financial organization is not in compliance | 21 | | with this Act.
| 22 | | (Source: P.A. 100-22, eff. 1-1-18; 100-566, eff. 1-1-18.) | 23 | | (765 ILCS 1026/15-1004)
| 24 | | Sec. 15-1004. Records obtained in examination. Records | 25 | | obtained and records, including work papers, compiled by the |
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| 1 | | administrator or administrator's agent in the course of | 2 | | conducting an examination under Section 15-1002 or Section | 3 | | 15-1002.1 : | 4 | | (1) are subject to the confidentiality and security | 5 | | provisions of Article 14 and are exempt from disclosure | 6 | | under the Freedom of Information Act; | 7 | | (2) may be used by the administrator in an action to | 8 | | collect property or otherwise enforce this Act; | 9 | | (3) may be used in a joint examination conducted with | 10 | | another state, the United States, a foreign country or | 11 | | subordinate unit of a foreign country, or any other | 12 | | governmental entity if the governmental entity conducting | 13 | | the examination is legally bound to maintain the | 14 | | confidentiality and security of information obtained from | 15 | | a person subject to examination in a manner substantially | 16 | | equivalent to Article 14; | 17 | | (4) may be disclosed, on request, to the person that | 18 | | administers the unclaimed property law of another state for | 19 | | that state's use in circumstances equivalent to | 20 | | circumstances described in this Article, if the other state | 21 | | is required to maintain the confidentiality and security of | 22 | | information obtained in a manner substantially equivalent | 23 | | to Article 14; | 24 | | (5) must be produced by the administrator under an | 25 | | administrative or judicial subpoena or administrative or | 26 | | court order; and |
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| 1 | | (6) must be produced by the administrator on request of | 2 | | the person subject to the examination in an administrative | 3 | | or judicial proceeding relating to the property.
| 4 | | (Source: P.A. 100-22, eff. 1-1-18 .) | 5 | | (765 ILCS 1026/15-1401)
| 6 | | Sec. 15-1401. Confidential information. | 7 | | (a) Except as otherwise provided in this Section, | 8 | | information that is confidential under law of this State other | 9 | | than this Act, another state, or the United States, including | 10 | | "private information" as defined in the Freedom of Information | 11 | | Act and "personal information" as defined in the Personal | 12 | | Information Protection Act, continues to be confidential when | 13 | | disclosed or delivered under this Act to the administrator or | 14 | | administrator's agent. | 15 | | (b) Information provided in reports filed pursuant to | 16 | | Section 15-401, information obtained in the course of an | 17 | | examination pursuant to Section 15-1002 or Section 15-1002.1 , | 18 | | and the database required by Section 15-503 is exempt from | 19 | | disclosure under the Freedom of Information Act. | 20 | | (c) If reasonably necessary to enforce or implement this | 21 | | Act, the administrator or the administrator's agent may | 22 | | disclose confidential information concerning property held by | 23 | | the administrator or the administrator's agent to: | 24 | | (1) an apparent owner or the apparent owner's | 25 | | representative under the Probate Act of 1975, attorney, |
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| 1 | | other legal representative, or relative; | 2 | | (2) the representative under the Probate Act of 1975, | 3 | | other legal representative, relative of a deceased | 4 | | apparent owner, or a person entitled to inherit from the | 5 | | deceased apparent owner; | 6 | | (3) another department or agency of this State or the | 7 | | United States; | 8 | | (4) the person that administers the unclaimed property | 9 | | law of another state, if the other state accords | 10 | | substantially reciprocal privileges to the administrator | 11 | | of this State if the other state is required to maintain | 12 | | the confidentiality and security of information obtained | 13 | | in a manner substantially equivalent to Article 14; | 14 | | (5) a person subject to an examination as required by | 15 | | Section 15-1004; and | 16 | | (6) an agent of the administrator. | 17 | | (d) The administrator may include on the website or in the | 18 | | database the names and addresses of apparent owners of property | 19 | | held by the administrator as provided in Section 15-503. The | 20 | | administrator may include in published notices, printed | 21 | | publications, telecommunications, the Internet, or other media | 22 | | and on the website or in the database additional information | 23 | | concerning the apparent owner's property if the administrator | 24 | | believes the information will assist in identifying and | 25 | | returning property to the owner and does not disclose personal | 26 | | information as defined in the Personal Information Protection |
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| 1 | | Act. | 2 | | (e) The administrator and the administrator's agent may not | 3 | | use confidential information provided to them or in their | 4 | | possession except as expressly authorized by this Act or | 5 | | required by law other than this Act.
| 6 | | (Source: P.A. 100-22, eff. 1-1-18; 100-566, eff. 1-1-18.) | 7 | | (765 ILCS 1026/15-1402)
| 8 | | Sec. 15-1402. Confidentiality agreement. A person to be | 9 | | examined under Section 15-1002 or Section 15-1002.1 may | 10 | | require, as a condition of disclosure of the records of the | 11 | | person to be examined, that the administrator or the | 12 | | administrator's agent execute and deliver to the person to be | 13 | | examined a confidentiality agreement that: | 14 | | (1) is in a form that is reasonably satisfactory to the | 15 | | administrator; and | 16 | | (2) requires the person having access to the records to | 17 | | comply with the provisions of this Article applicable to | 18 | | the person.
| 19 | | (Source: P.A. 100-22, eff. 1-1-18 .)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.".
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