Illinois General Assembly - Full Text of HB4278
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Full Text of HB4278  102nd General Assembly


Rep. Stephanie A. Kifowit

Filed: 2/8/2022





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2    AMENDMENT NO. ______. Amend House Bill 4278 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Revised Uniform Unclaimed Property Act is
5amended by changing Sections 15-503, 15-903, and 15-904 as
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
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



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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
17administrator 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
23administrator a claim to property and an online claim form
24with instructions. The website may also provide a printable
25claim form with instructions for its use.
26    (e) Tax return identification of apparent owners of



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1abandoned 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
4verify the identity of the person and that the person
5currently resides at the last known address. The administrator
6may utilize publicly and commercially available databases to
7find and update or add information for apparent owners of
8property held by the administrator.
9    (g) In addition to giving notice under subsection (b),
10publishing the information under subsection (c)(1) and
11maintaining the website or database under subsection (c)(2),
12the administrator may use other printed publication,
13telecommunication, the Internet, or other media to inform the
14public of the existence of unclaimed property held by the
16    (h) Identification of apparent owners of abandoned
17property 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
12    (a) A person claiming to be the owner of property held
13under this Act by the administrator or to the proceeds from the
14sale thereof may file a claim for the property on a form
15prescribed by the administrator. The claimant must verify the
16claim as to its completeness and accuracy.
17    (b) The administrator may waive the requirement in
18subsection (a) and may pay or deliver property directly to a
19person 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
2subsection (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
7    (a) The administrator shall pay or deliver property to a
8claimant under subsection (a) of Section 15-903 if the
9administrator receives evidence sufficient to establish to the
10satisfaction of the administrator that the claimant is the
11owner of the property.
12    (b) A claim will be considered complete when a claimant
13has provided all the information and documentation requested
14by the administrator as necessary to establish legal ownership
15and such information or documentation is entered into the
16administrator's unclaimed property system. Unless extended for
17reasonable cause, not later than 90 days after a claim is
18complete the administrator shall allow or deny the claim and
19give the claimant notice in a record of the decision. If a
20claimant fails to provide all the information and
21documentation requested by the administrator as necessary to
22establish legal ownership of the property and the claim is
23inactive for at least 90 days, then the administrator may
24close the claim without issuing a final decision. However, if
25the claimant makes a request in writing for a final decision



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1prior to the administrator's closing of the claim, the
2administrator shall issue a final decision.
3    (b-5) An heir or agent who files an unclaimed property
4claim in which the decedent's property does not exceed $250
5$100 may submit an affidavit attesting to the heir's or
6agent's capacity to claim in lieu of submitting a certified
7copy of the will to verify a claim. The affidavit shall be
8accompanied by a copy of other documentary proof that the
9administrator requests, except the administrator shall not
10require that the affidavit be accompanied by a copy of the
11decedent's death certificate if other evidence of the death of
12the owner is available. The administrator may change the
13maximum value in this subsection by administrative rule.
14    (c) If the claim is denied or there is insufficient
15evidence 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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1becoming law.".