Full Text of SB3174 102nd General Assembly
SB3174enr 102ND GENERAL ASSEMBLY |
| | SB3174 Enrolled | | LRB102 24006 LNS 33215 b |
|
| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | 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 | 10 | | administrator 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 | 16 | | administrator a claim to property and an online claim form | 17 | | with instructions. The website may also provide a printable | 18 | | claim form with instructions for its use. | 19 | | (e) Tax return identification of apparent owners of | 20 | | abandoned 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 | 23 | | verify the identity of the person and that the person | 24 | | currently resides at the last known address. The administrator | 25 | | may utilize publicly and commercially available databases to | 26 | | find and update or add information for apparent owners of |
| | | SB3174 Enrolled | - 6 - | LRB102 24006 LNS 33215 b |
|
| 1 | | property held by the administrator. | 2 | | (g) In addition to giving notice under subsection (b), | 3 | | publishing the information under subsection (c)(1) and | 4 | | maintaining the website or database under subsection (c)(2), | 5 | | the administrator may use other printed publication, | 6 | | telecommunication, the Internet, or other media to inform the | 7 | | public of the existence of unclaimed property held by the | 8 | | administrator.
| 9 | | (h) Identification of apparent owners of abandoned | 10 | | property 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 | 4 | | owner. | 5 | | (a) A person claiming to be the owner of property held | 6 | | under this Act by the administrator or to the proceeds from the | 7 | | sale thereof may file a claim for the property on a form | 8 | | prescribed by the administrator. The claimant must verify the | 9 | | claim as to its completeness and accuracy. | 10 | | (b) The administrator may waive the requirement in | 11 | | subsection (a) and may pay or deliver property directly to a | 12 | | person 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 | 20 | | subsection (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 | 24 | | property. |
| | | SB3174 Enrolled | - 9 - | LRB102 24006 LNS 33215 b |
|
| 1 | | (a) The administrator shall pay or deliver property to a | 2 | | claimant under subsection (a) of Section 15-903 if the | 3 | | administrator receives evidence sufficient to establish to the | 4 | | satisfaction of the administrator that the claimant is the | 5 | | owner of the property. | 6 | | (b) A claim will be considered complete when a claimant | 7 | | has provided all the information and documentation requested | 8 | | by the administrator as necessary to establish legal ownership | 9 | | and such information or documentation is entered into the | 10 | | administrator's unclaimed property system. Unless extended for | 11 | | reasonable cause, not later than 90 days after a claim is | 12 | | complete the administrator shall allow or deny the claim and | 13 | | give the claimant notice in a record of the decision. If a | 14 | | claimant fails to provide all the information and | 15 | | documentation requested by the administrator as necessary to | 16 | | establish legal ownership of the property and the claim is | 17 | | inactive for at least 90 days, then the administrator may | 18 | | close the claim without issuing a final decision. However, if | 19 | | the claimant makes a request in writing for a final decision | 20 | | prior to the administrator's closing of the claim, the | 21 | | administrator shall issue a final decision. | 22 | | (b-5) An heir or agent who files an unclaimed property | 23 | | claim in which the decedent's property does not exceed $250 | 24 | | $100 may submit an affidavit attesting to the heir's or | 25 | | agent's capacity to claim in lieu of submitting a certified | 26 | | copy of the will to verify a claim. The affidavit shall be |
| | | SB3174 Enrolled | - 10 - | LRB102 24006 LNS 33215 b |
|
| 1 | | accompanied by a copy of other documentary proof that the | 2 | | administrator requests , except the administrator shall not | 3 | | require that the affidavit be accompanied by a copy of the | 4 | | decedent's death certificate if other evidence of the death of | 5 | | the owner is available . The administrator may change the | 6 | | maximum value in this subsection by administrative rule. | 7 | | (c) If the claim is denied or there is insufficient | 8 | | evidence 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 | 19 | | becoming law.
|
|