Full Text of HB4278 102nd General Assembly
HB4278ham001 102ND GENERAL ASSEMBLY | Rep. Stephanie A. Kifowit Filed: 2/8/2022
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| 1 | | AMENDMENT TO HOUSE BILL 4278
| 2 | | AMENDMENT NO. ______. Amend House Bill 4278 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 15-503, 15-903, and 15-904 as | 6 | | follows: | 7 | | (765 ILCS 1026/15-503)
| 8 | | Sec. 15-503. Notice by administrator. | 9 | | (a) The administrator shall give notice to an apparent | 10 | | owner that property presumed abandoned and appears to be owned | 11 | | by the apparent owner is held by the administrator under this | 12 | | Act. | 13 | | (b) In providing notice under subsection (a), the | 14 | | administrator shall: | 15 | | (1) except as otherwise provided in paragraph (2), | 16 | | send written notice by first-class United States mail to |
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| 1 | | each apparent owner of property valued at $100 or more | 2 | | held by the administrator, unless the administrator | 3 | | determines that a mailing by first-class United States | 4 | | mail would not be received by the apparent owner, and, in | 5 | | the case of a security held in an account for which the | 6 | | apparent owner had consented to receiving electronic mail | 7 | | from the holder, send notice by electronic mail if the | 8 | | electronic-mail address of the apparent owner is known to | 9 | | the administrator instead of by first-class United States | 10 | | mail; or | 11 | | (2) send the notice to the apparent owner's | 12 | | electronic-mail address if the administrator does not have | 13 | | a valid United States mail address for an apparent owner, | 14 | | but has an electronic-mail address that the administrator | 15 | | does not know to be invalid. | 16 | | (c) In addition to the notice under subsection (b), the | 17 | | administrator shall: | 18 | | (1) publish every 6 months in at least one English | 19 | | language newspaper of general circulation in each county | 20 | | in this State notice of property held by the administrator | 21 | | which must include: | 22 | | (A) the total value of property received by the | 23 | | administrator during the preceding 6-month period, | 24 | | taken from the reports under Section 15-401; | 25 | | (B) the total value of claims paid by the | 26 | | administrator during the preceding 6-month period; |
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| 1 | | (C) the Internet web address of the unclaimed | 2 | | property website maintained by the administrator; | 3 | | (D) an electronic-mail address to contact the | 4 | | administrator to inquire about or claim property; and | 5 | | (E) a statement that a person may access the | 6 | | Internet by a computer to search for unclaimed | 7 | | property and a computer may be available as a service | 8 | | to the public at a local public library. | 9 | | (2) The administrator shall maintain a website | 10 | | accessible by the public and electronically searchable | 11 | | which contains the names reported to the administrator of | 12 | | apparent owners for whom property is being held by the | 13 | | administrator. The administrator need not list property on | 14 | | such website when: no owner name was reported, a claim has | 15 | | been initiated or is pending for the property, the | 16 | | administrator has made direct contact with the apparent | 17 | | owner of the property, and in other instances where the | 18 | | administrator reasonably believes exclusion of the | 19 | | property is in the best interests of both the State and the | 20 | | owner of the property. | 21 | | (d) The website or database maintained under subsection | 22 | | (c)(2) must include instructions for filing with the | 23 | | administrator a claim to property and an online claim form | 24 | | with instructions. The website may also provide a printable | 25 | | claim form with instructions for its use. | 26 | | (e) Tax return identification of apparent owners of |
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| 1 | | abandoned property. | 2 | | (1) At least annually the administrator shall notify | 3 | | the Department of Revenue of the names of persons | 4 | | appearing to be owners of abandoned property under this | 5 | | Section. The administrator shall also provide to the | 6 | | Department of Revenue the social security numbers of the | 7 | | persons, if available. | 8 | | (2) The Department of Revenue shall notify the | 9 | | administrator if any person under subsection (e)(1) has | 10 | | filed an Illinois income tax return and shall provide the | 11 | | administrator with the last known address of the person as | 12 | | it appears in Department of Revenue records, except as | 13 | | prohibited by federal law. The Department of Revenue may | 14 | | also provide additional addresses for the same taxpayer | 15 | | from the records of the Department, except as prohibited | 16 | | by federal law. | 17 | | (3) In order to facilitate the return of property | 18 | | under this subsection, the administrator and the | 19 | | Department of Revenue may enter into an interagency | 20 | | agreement concerning protection of confidential | 21 | | information, data match rules, and other issues. | 22 | | (4) The administrator may deliver, as provided under | 23 | | Section 15-904 of this Act, property or pay the amount | 24 | | owing to a person matched under this Section without the | 25 | | person filing a claim under Section 15-903 of this Act if | 26 | | the following conditions are met: |
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| 1 | | (A) the value of the property that is owed the | 2 | | person is $5,000 $2,000 or less; | 3 | | (B) the property is not either tangible property | 4 | | or securities; | 5 | | (C) the last known address for the person | 6 | | according to the Department of Revenue records is less | 7 | | than 12 months old; and | 8 | | (D) the administrator has evidence sufficient to | 9 | | establish that the person who appears in Department of | 10 | | Revenue records is the owner of the property and the | 11 | | owner currently resides at the last known address from | 12 | | the Department of Revenue. | 13 | | (5) If the value of the property that is owed the | 14 | | person is greater than $5,000 $2,000 , or is tangible | 15 | | property or securities the administrator shall provide | 16 | | notice to the person, informing the person that he or she | 17 | | is the owner of abandoned property held by the State and | 18 | | may file a claim with the administrator for return of the | 19 | | property. | 20 | | (6) The administrator does not need to notify the | 21 | | Department of Revenue of the names or social security | 22 | | numbers of apparent owners of abandoned property if the | 23 | | administrator reasonably believes that the Department of | 24 | | Revenue will be unable to provide information that would | 25 | | provide sufficient evidence to establish that the person | 26 | | in the Department of Revenue's records is the apparent |
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| 1 | | owner of unclaimed property in the custody of the | 2 | | administrator. | 3 | | (f) The administrator may use additional databases to | 4 | | verify the identity of the person and that the person | 5 | | currently resides at the last known address. The administrator | 6 | | may utilize publicly and commercially available databases to | 7 | | find and update or add information for apparent owners of | 8 | | property held by the administrator. | 9 | | (g) In addition to giving notice under subsection (b), | 10 | | publishing the information under subsection (c)(1) and | 11 | | maintaining the website or database under subsection (c)(2), | 12 | | the administrator may use other printed publication, | 13 | | telecommunication, the Internet, or other media to inform the | 14 | | public of the existence of unclaimed property held by the | 15 | | administrator.
| 16 | | (h) Identification of apparent owners of abandoned | 17 | | property using other State databases. | 18 | | (1) The administrator may enter into interagency | 19 | | agreements with the Secretary of State and the Illinois | 20 | | State Board of Elections to identify persons appearing to | 21 | | be owners of abandoned property with databases under the | 22 | | control of the Secretary of State and the Illinois State | 23 | | Board of Elections. Such interagency agreements shall | 24 | | include protection of confidential information, data match | 25 | | rules, and other necessary and proper issues. | 26 | | (2) Except as prohibited by federal law, after January |
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| 1 | | 1, 2022 the administrator may provide the Secretary of | 2 | | State with names and other identifying information of | 3 | | persons appearing to be owners of abandoned property. The | 4 | | Secretary of State may provide the administrator with the | 5 | | last known address as it appears in its respective records | 6 | | of any person reasonably believed to be the apparent owner | 7 | | of abandoned property. | 8 | | (3) The Illinois State Board of Elections shall, upon | 9 | | request, annually provide the administrator with | 10 | | electronic data or compilations of voter registration | 11 | | information. The administrator may use such electronic | 12 | | data or compilations of voter registration information to | 13 | | identify persons appearing to be owners of abandoned | 14 | | property. | 15 | | (4) The administrator may deliver, as provided under | 16 | | Section 15-904, property or pay the amount owing to a | 17 | | person matched under this Section without the person | 18 | | filing a claim under Section 15-903 if: | 19 | | (i) the value of the property that is owed the | 20 | | person is $5,000 $2,000 or less; | 21 | | (ii) the property is not either tangible property | 22 | | or securities; | 23 | | (iii) the last known address for the person | 24 | | according to the records of the Secretary of State or | 25 | | Illinois State Board of Elections is less than 12 | 26 | | months old; and |
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| 1 | | (iv) the administrator has evidence sufficient to | 2 | | establish that the person who appears in the records | 3 | | of the Secretary of State or Illinois State Board of | 4 | | Elections is the owner of the property and the owner | 5 | | currently resides at the last known address from the | 6 | | Secretary of State or the Illinois State Board of | 7 | | Elections. | 8 | | (Source: P.A. 102-288, eff. 8-6-21.) | 9 | | (765 ILCS 1026/15-903)
| 10 | | Sec. 15-903. Claim for property by person claiming to be | 11 | | owner. | 12 | | (a) A person claiming to be the owner of property held | 13 | | under this Act by the administrator or to the proceeds from the | 14 | | sale thereof may file a claim for the property on a form | 15 | | prescribed by the administrator. The claimant must verify the | 16 | | claim as to its completeness and accuracy. | 17 | | (b) The administrator may waive the requirement in | 18 | | subsection (a) and may pay or deliver property directly to a | 19 | | person if: | 20 | | (1) the person receiving the property or payment is | 21 | | shown to be the apparent owner included on a report filed | 22 | | under Section 15-401; | 23 | | (2) the administrator reasonably believes the person | 24 | | is entitled to receive the property or payment; and | 25 | | (3) the property has a value of less than $2,000 $500 . |
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| 1 | | (c) The administrator may change the maximum value in | 2 | | subsection (b) by administrative rule.
| 3 | | (Source: P.A. 100-22, eff. 1-1-18 .) | 4 | | (765 ILCS 1026/15-904)
| 5 | | Sec. 15-904. When administrator must honor claim for | 6 | | property. | 7 | | (a) The administrator shall pay or deliver property to a | 8 | | claimant under subsection (a) of Section 15-903 if the | 9 | | administrator receives evidence sufficient to establish to the | 10 | | satisfaction of the administrator that the claimant is the | 11 | | owner of the property. | 12 | | (b) A claim will be considered complete when a claimant | 13 | | has provided all the information and documentation requested | 14 | | by the administrator as necessary to establish legal ownership | 15 | | and such information or documentation is entered into the | 16 | | administrator's unclaimed property system. Unless extended for | 17 | | reasonable cause, not later than 90 days after a claim is | 18 | | complete the administrator shall allow or deny the claim and | 19 | | give the claimant notice in a record of the decision. If a | 20 | | claimant fails to provide all the information and | 21 | | documentation requested by the administrator as necessary to | 22 | | establish legal ownership of the property and the claim is | 23 | | inactive for at least 90 days, then the administrator may | 24 | | close the claim without issuing a final decision. However, if | 25 | | the claimant makes a request in writing for a final decision |
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| 1 | | prior to the administrator's closing of the claim, the | 2 | | administrator shall issue a final decision. | 3 | | (b-5) An heir or agent who files an unclaimed property | 4 | | claim in which the decedent's property does not exceed $250 | 5 | | $100 may submit an affidavit attesting to the heir's or | 6 | | agent's capacity to claim in lieu of submitting a certified | 7 | | copy of the will to verify a claim. The affidavit shall be | 8 | | accompanied by a copy of other documentary proof that the | 9 | | administrator requests , except the administrator shall not | 10 | | require that the affidavit be accompanied by a copy of the | 11 | | decedent's death certificate if other evidence of the death of | 12 | | the owner is available . The administrator may change the | 13 | | maximum value in this subsection by administrative rule. | 14 | | (c) If the claim is denied or there is insufficient | 15 | | evidence to allow the claim under subsection (b): | 16 | | (1) the administrator shall inform the claimant of the | 17 | | reason for the denial and may specify what additional | 18 | | evidence, if any, is required for the claim to be allowed; | 19 | | (2) the claimant may file an amended claim with the | 20 | | administrator or commence an action under Section 15-906; | 21 | | and | 22 | | (3) the administrator shall consider an amended claim | 23 | | filed under paragraph (2) as an initial claim.
| 24 | | (Source: P.A. 100-22, eff. 1-1-18; 101-342, eff. 8-9-19.)
| 25 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.".
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