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Public Act 102-0835


 

Public Act 0835 102ND GENERAL ASSEMBLY

  
  
  

 


 
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.

Effective Date: 5/13/2022