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| Public Act 103-0148
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| HB2224 Enrolled | LRB103 30604 LNS 57044 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 10. The Property Tax Code is amended by changing |
Section 20-175 as follows:
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(35 ILCS 200/20-175)
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Sec. 20-175. Refund for erroneous assessments or |
overpayments. |
(a) In counties other than Cook County, if any
property is |
twice assessed for the same year, or assessed before it |
becomes
taxable, and the erroneously assessed taxes have been |
paid either at sale or
otherwise, or have been overpaid by the |
same claimant or by different
claimants, the County Collector, |
upon being satisfied of the facts in the case,
shall refund the |
taxes to the proper claimant. When the County Collector is
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unable to determine the proper claimant, the circuit court, on |
petition of the
person paying the taxes, or his or her agent, |
and being satisfied of the facts
in the case, shall direct the |
county collector to refund the taxes and deduct
the amount |
thereof, pro rata, from the moneys due to taxing bodies which
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received the taxes erroneously paid, or their legal |
successors. Pleadings
in connection with the petition provided |
for in this Section shall conform
to that prescribed in the |
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Civil Practice Law. Appeals may be taken from the
judgment of |
the circuit court, either by the county collector or by the
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petitioner, as in other civil cases. A claim for refund shall |
not be allowed
unless a petition is filed within 5 years from |
the date the right to a refund
arose. If a certificate of error |
results in the allowance of a homestead
exemption not |
previously allowed, the county collector shall pay the |
taxpayer
interest on the amount of taxes paid that are |
attributable to the amount of the
additional allowance, at the |
rate of 6% per year. To cover the cost of
interest, the county |
collector shall proportionately reduce the distribution of
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taxes collected for each taxing district in which the property |
is situated. Any sum of money payable under this subsection |
which remains unclaimed for 3 years after the amount was |
payable shall be presumed to be abandoned and subject to |
disposition under the Revised Uniform Unclaimed Property Act.
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(a-1) In Cook County, if any property is twice assessed |
for the same year, or assessed before it becomes taxable, and |
the erroneously assessed taxes have been paid either at sale |
or otherwise, or have been overpaid by the same claimant or by |
different claimants, the Cook County Treasurer, upon being |
satisfied of the facts in the case, shall refund the taxes to |
the proper claimant. When the Cook County Treasurer is unable |
to determine the proper claimant, the circuit court, on |
petition of the person paying the taxes, or his or her agent, |
and being satisfied of the facts in the case, shall direct the |
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Cook County Treasurer to refund the taxes plus costs of suit |
and deduct the amount thereof, pro rata, from the moneys due to |
taxing bodies which received the taxes erroneously paid, or |
their legal successors. Pleadings in connection with the |
petition provided for in this Section shall conform to that |
prescribed in the Civil Practice Law. Appeals may be taken |
from the judgment of the circuit court, either by the Cook |
County Treasurer or by the petitioner, as in other civil |
cases. A claim for refund shall not be allowed unless a |
petition is filed within 20 years from the date the right to a |
refund arose. The total amount of taxes and interest refunded |
for claims under this subsection for which the right to a |
refund arose prior to January 1, 2009 shall not exceed |
$5,000,000 per year. If the payment of a claim for a refund |
would cause the aggregate total of taxes and interest for all |
claims to exceed $5,000,000 in any year, the refund shall be |
paid in the next succeeding year. If a certificate of error |
results in the allowance of a homestead exemption not |
previously allowed, the Cook County Treasurer shall pay the |
taxpayer interest on the amount of taxes paid that are |
attributable to the amount of the additional allowance, at the |
rate of 6% per year. To cover the cost of interest, the Cook |
County Treasurer shall proportionately reduce the distribution |
of taxes collected for each taxing district in which the |
property is situated. Any sum of money payable under this |
subsection which remains unclaimed for 3 years after the |
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amount was payable shall be presumed to be abandoned and |
subject to disposition under the Revised Uniform Unclaimed |
Property Act. |
(b) Notwithstanding any other provision of law, in Cook |
County a claim for refund under this Section is also allowed if |
the application therefor is filed between September 1, 2011 |
and September 1, 2012 and the right to a refund arose more than |
5 years prior to the date the application is filed but not |
earlier than January 1, 2000. The Cook County Treasurer, upon |
being satisfied of the facts in the case, shall refund the |
taxes to the proper claimant and shall proportionately reduce |
the distribution of taxes collected for each taxing district |
in which the property is situated. Refunds under this |
subsection shall be paid in the order in which the claims are |
received. The Cook County Treasurer shall not accept a claim |
for refund under this subsection before September 1, 2011. For |
the purposes of this subsection, the Cook County Treasurer |
shall accept a claim for refund by mail or in person. In no |
event shall a refund be paid under this subsection if the |
issuance of that refund would cause the aggregate total of |
taxes and interest refunded for all claims under this |
subsection to exceed $350,000. The Cook County Treasurer shall |
notify the public of the provisions of this subsection on the |
Treasurer's website. A home rule unit may not regulate claims |
for refunds in a
manner that is inconsistent with this Act. |
This Section is a limitation of
home
rule powers under |
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subsection (i) of Section 6 of Article VII of the Illinois
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Constitution. |
(Source: P.A. 100-1104, eff. 8-27-18.)
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Section 20. The Probate Act of 1975 is amended by changing |
Section 24-20 as follows:
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(755 ILCS 5/24-20) (from Ch. 110 1/2, par. 24-20)
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Sec. 24-20. Deposit of unclaimed money. Before July 1, |
2024, when When the receipt of a
ward, a distributee of an |
estate, or a claimant
cannot be obtained for money or any other |
asset of the estate, the
representative by leave of court may |
sell the asset and deposit the net
proceeds together with any |
other money of the estate belonging to the ward,
distributee, |
or claimant with the county treasurer of the county in which |
the
estate is being administered. The representative shall |
notify the county
treasurer in writing of the identity of the |
persons entitled
thereto and, if known, their last known post |
office address. The
county treasurer shall give the |
representative a receipt
therefor which shall be filed in the |
court. The person entitled to the
money so deposited may |
obtain it, plus interest at a rate equal to
the average |
interest rate on 3 month United States Treasury Bills issued |
during
the time the money was on deposit, upon application to |
the court and
satisfactory proof of his right thereto. |
On or after July 1, 2024, when the receipt of a ward, a |
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distributee of an estate, or a claimant cannot be found, the |
representative shall report and remit the share of the missing |
person to the State Treasurer for disposition under the |
Revised Uniform Unclaimed Property Act.
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(Source: P.A. 88-46.)
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Section 25. The Revised Uniform Unclaimed Property Act is |
amended by changing Sections 15-201, 15-202, 15-210, 15-504, |
and 15-804 and by adding Sections 15-805 and 15-806 as |
follows:
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(765 ILCS 1026/15-201) |
Sec. 15-201. When property presumed abandoned. Subject to |
Section 15-210, the following property is presumed abandoned |
if it is unclaimed by the apparent owner during the period |
specified below: |
(1) a traveler's check, 15 years after issuance; |
(2) a money order, 5 years after issuance; |
(3) any instrument on which a financial organization |
or business association is directly liable, other than a |
money order, 3 years after issuance; |
(4) a state or municipal bond, bearer bond, or |
original-issue-discount bond, 3 years after the earliest |
of the date the bond matures or is called or the obligation |
to pay the principal of the bond arises; |
(5) a debt of a business association, 3 years after |
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the obligation to pay arises; |
(6) financial organization deposits as follows: |
(i) a demand deposit, 3 years after the date of the |
last indication of interest in the property by the |
apparent owner; |
(ii) a savings deposit, 3 years after the date of |
last indication of interest in the property by the |
apparent owner; |
(iii) a time deposit for which the owner has not |
consented to automatic renewal of the time deposit, 3 |
years after the later of maturity or the date of the |
last indication of interest in the property by the |
apparent owner; |
(iv) an automatically renewable time deposit for |
which the owner consented to the automatic renewal in |
a record on file with the holder, 3 years after the |
date of last indication of interest in the property by |
the apparent owner, following the completion of the |
initial term of the time deposit and one automatic |
renewal term of the time deposit; |
(6.5) virtual currency, 5 years after the last |
indication of interest in the property; |
(7) money or a credit owed to a customer as a result of |
a retail business transaction, other than in-store credit |
for returned merchandise, 3 years after the obligation |
arose; |
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(8) an amount owed by an insurance company on a life or |
endowment insurance policy or an annuity contract that has |
matured or terminated, 3 years after the obligation to pay |
arose under the terms of the policy or contract or, if a |
policy or contract for which an amount is owed on proof of |
death has not matured by proof of the death of the insured |
or annuitant, as follows: |
(A) with respect to an amount owed on a life or |
endowment insurance policy, the earlier of: |
(i) 3 years after the death of the insured; or |
(ii) 2 years after the insured has attained, |
or would have attained if living, the limiting age |
under the mortality table on which the reserve for |
the policy is based; and |
(B) with respect to an amount owed on an annuity |
contract, 3 years after the death of the annuitant. |
(9) funds on deposit or held in trust pursuant to the |
Illinois Funeral or Burial Funds Act, the earliest of: |
(A) 2 years after the date of death of the |
beneficiary; |
(B) one year after the date the beneficiary has |
attained, or would have attained if living, the age of |
105 where the holder does not know whether the |
beneficiary is deceased; |
(C) 40 years after the contract for prepayment was |
executed, unless the apparent owner has indicated an |
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interest in the property more than 40 years after the |
contract for prepayment was executed, in which case, 3 |
years after the last indication of interest in the |
property by the apparent owner; |
(10) property distributable by a business association |
in the course of dissolution or distributions from the |
termination of a retirement plan, one year after the |
property becomes distributable; |
(11) property held by a court, including property |
received as proceeds of a class action, 3 years after the |
property becomes distributable; |
(12) property held by a government or governmental |
subdivision, agency, or instrumentality, including |
municipal bond interest and unredeemed principal under the |
administration of a paying agent or indenture trustee, 3 |
years after the property becomes distributable; |
(12.5) amounts payable pursuant to Section 20-175 of |
the Property Tax Code, 3 years after the property becomes |
payable; |
(13) wages, commissions, bonuses, or reimbursements to |
which an employee is entitled, or other compensation for |
personal services, including amounts held on a payroll |
card, one year after the amount becomes payable; |
(14) a deposit or refund owed to a subscriber by a |
utility, one year after the deposit or refund becomes |
payable, except that any capital credits or patronage |
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capital retired, returned, refunded or tendered to a |
member of an electric cooperative, as defined in Section |
3.4 of the Electric Supplier Act, or a telephone or |
telecommunications cooperative, as defined in Section |
13-212 of the Public Utilities Act, that has remained |
unclaimed by the person appearing on the records of the |
entitled cooperative for more than 2 years, shall not be |
subject to, or governed by, any other provisions of this |
Act, but rather shall be used by the cooperative for the |
benefit of the general membership of the cooperative; and |
(15) property not specified in this Section or |
Sections 15-202 through 15-208, the earlier of 3 years |
after the owner first has a right to demand the property or |
the obligation to pay or distribute the property arises. |
Notwithstanding anything to the contrary in this Section |
15-201, and subject to Section 15-210, a deceased owner cannot |
indicate interest in his or her property. If the owner is |
deceased and the abandonment period for the owner's property |
specified in this Section 15-201 is greater than 2 years, then |
the property, other than an amount owed by an insurance |
company on a life or endowment insurance policy or an annuity |
contract that has matured or terminated, shall instead be |
presumed abandoned 2 years from the date of the owner's last |
indication of interest in the property.
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(Source: P.A. 101-552, eff. 1-1-20; 102-288, eff. 8-6-21.)
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(765 ILCS 1026/15-202)
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Sec. 15-202. When tax-deferred and tax-exempt retirement |
accounts presumed abandoned. |
(a) Subject to Section 15-210, property held in a pension |
account or retirement account that qualifies for tax deferral |
or tax exemption under the income-tax laws of the United |
States is presumed abandoned if it is unclaimed by the |
apparent owner after the later of: |
(1) 3 years after the following dates: |
(A) except as in subparagraph (B), the date a |
communication sent by the holder by first-class United |
States mail to the apparent owner is returned to the |
holder undelivered by the United States Postal |
Service; or |
(B) if such communication is re-sent within 30 |
days after the date the first communication is |
returned undelivered, the date the second |
communication was returned undelivered by the United |
States Postal Service; or |
(2) the earlier of the following dates: |
(A) 3 years after the date the apparent owner |
becomes 73 72 years of age, if determinable by the |
holder; or |
(B) one year after the date of mandatory |
distribution following death if the Internal Revenue |
Code requires distribution to avoid a tax penalty and |
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the holder: |
(i) receives confirmation of the death of the |
apparent owner in the ordinary course of its |
business; or |
(ii) confirms the death of the apparent owner |
under subsection (b). |
(b) If a holder in the ordinary course of its business |
receives notice or an indication of the death of an apparent |
owner and subsection (a)(2) applies, the holder shall attempt |
not later than 90 days after receipt of the notice or |
indication to confirm whether the apparent owner is deceased. |
(c) If the holder does not send communications to the |
apparent owner of an account described in subsection (a) by |
first-class United States mail on at least an annual basis, |
the holder shall attempt to confirm the apparent owner's |
interest in the property by sending the apparent owner an |
electronic-mail communication not later than 2 years after the |
apparent owner's last indication of interest in the property. |
However, the holder promptly shall attempt to contact the |
apparent owner by first-class United States mail if: |
(1) the holder does not have information needed to |
send the apparent owner an electronic mail communication |
or the holder believes that the apparent owner's |
electronic mail address in the holder's records is not |
valid; |
(2) the holder receives notification that the |
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electronic-mail communication was not received; or |
(3) the apparent owner does not respond to the |
electronic-mail communication within 30 days after the |
communication was sent. |
(d) If first-class United States mail sent under |
subsection (c) is returned to the holder undelivered by the |
United States Postal Service, the property is presumed |
abandoned 3 years after the later of: |
(1) except as in paragraph (2), the date a |
communication to contact the apparent owner sent by |
first-class United States mail is returned to the holder |
undelivered; |
(2) if such communication is re-sent within 30 days |
after the date the first communication is returned |
undelivered, the date the second communication was |
returned undelivered; or |
(3) the date established by subsection (a)(2).
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(Source: P.A. 102-288, eff. 8-6-21.)
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(765 ILCS 1026/15-210) |
Sec. 15-210. Indication of apparent owner interest in |
property. |
(a) The period after which property is presumed abandoned |
is measured from the later of: |
(1) the date the property is presumed abandoned under |
this Article; or |
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(2) the latest indication of interest by the apparent |
owner in the property. |
(b) Under this Act, an indication of an apparent owner's |
interest in property includes: |
(1) a record communicated by the apparent owner to the |
holder or agent of the holder concerning the property or |
the account in which the property is held; |
(2) an oral communication by the apparent owner to the |
holder or agent of the holder concerning the property or |
the account in which the property is held, if the holder or |
its agent contemporaneously makes and preserves a record |
of the fact of the apparent owner's communication; |
(3) presentment of a check or other instrument of |
payment of a dividend, interest payment, or other |
distribution, or evidence of receipt of a distribution |
made by electronic or similar means, with respect to an |
account, underlying security, or interest in a business |
association; |
(4) activity directed by an apparent owner in the |
account in which the property is held, including accessing |
the account or information concerning the account, or a |
direction by the apparent owner to increase, decrease, or |
otherwise change the amount or type of property held in |
the account; |
(5) a deposit into or withdrawal from an account at a |
financial organization, except for a recurring Automated |
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Clearing House (ACH) debit or credit previously authorized |
by the apparent owner or an automatic reinvestment of |
dividends or interest; and |
(6) subject to subsection (e), payment of a premium on |
an insurance policy. |
(c) An action by an agent or other representative of an |
apparent owner, other than the holder acting as the apparent |
owner's agent, is presumed to be an action on behalf of the |
apparent owner. |
(d) A communication with an apparent owner by a person |
other than the holder or the holder's representative is not an |
indication of interest in the property by the apparent owner |
unless a record of the communication evidences the apparent |
owner's knowledge of a right to the property. |
(e) If the insured dies or the insured or beneficiary of an |
insurance policy otherwise becomes entitled to the proceeds |
before depletion of the cash surrender value of the policy by |
operation of an automatic-premium-loan provision or other |
nonforfeiture provision contained in the policy, the operation |
does not prevent the policy from maturing or terminating. |
(f) If the apparent owner has another property with the |
holder to which Section 201(6) applies, then activity directed |
by an apparent owner in any other accounts, including loan |
accounts, at a financial organization holding an inactive |
account of the apparent owner shall be an indication of |
interest in all such accounts if:
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(A) the apparent owner engages in one or more of the |
following activities:
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(i) the apparent owner undertakes one or more of |
the actions described in subsection (b) of this |
Section regarding any of the other accounts the |
apparent owner has with the financial organization;
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(ii) the apparent owner increases or decreases the |
amount of funds in any other account the apparent |
owner has with the financial organization; or
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(iii) the apparent owner engages in any other |
relationship with the financial organization, |
including payment of any amounts due on a loan; and
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(B) the foregoing apply so long as the mailing address |
for the apparent owner in the financial organization's |
books and records is the same for both the inactive |
account and the active account. |
(g) For an amount held on a payroll card, an indication of |
owner interest includes wages from an employer pursuant to |
Section 14.5 of the Illinois Wage Payment and Collection Act |
in the form of a recurring ACH credit previously authorized by |
the apparent owner; however, an ACH credit is not an |
indication of owner interest if the holder assesses fees for |
account inactivity on the payroll card account.
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(Source: P.A. 102-288, eff. 8-6-21; 102-734, eff. 1-1-23.)
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(765 ILCS 1026/15-504)
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Sec. 15-504. Cooperation among State officers and agencies |
to locate apparent owner. |
(a) Unless prohibited by law of this State other than this |
Act, on request of the administrator, each officer, agency, |
board, commission, division, and department of this State, any |
body politic and corporate created by this State for a public |
purpose, and each political subdivision of this State shall |
make its books and records available to the administrator and |
cooperate with the administrator to determine the current |
address of an apparent owner of property held by the |
administrator under this Act or to otherwise assist the |
administrator in the administration of this Act. The |
administrator may also enter into data sharing agreements to |
enable such other governmental agencies to provide an |
additional notice to apparent owners of property held by the |
administrator. |
(b) If the administrator reasonably believes that the |
apparent owner of property presumed abandoned held by the |
administrator under this Act is a unit of local government in |
this State which files an audit report or annual financial |
report with the Comptroller, the administrator may give |
written notice to the person or persons identified in the most |
recent annual financial report as the contact person, the |
chief executive officer, and the chief financial officer. |
(c) If the administrator reasonably believes that the |
apparent owner of property presumed abandoned held by the |
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administrator under this Act is a State agency as defined in |
the Illinois State Auditing Act, the administrator may give |
written notice to the person whom the records of the |
Comptroller indicate are the chief executive officer and chief |
fiscal officer of such State agency.
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(Source: P.A. 100-22, eff. 1-1-18.)
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(765 ILCS 1026/15-804)
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Sec. 15-804. Administrator holds property as custodian for |
owner. Upon the payment or delivery of abandoned property to |
the administrator, the State shall assume custody and shall be |
responsible for the safekeeping thereof in perpetuity unless |
otherwise claimed for the benefit of the owner or the owner's |
successors in interest.
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(Source: P.A. 100-22, eff. 1-1-18.)
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(765 ILCS 1026/15-805 new) |
Sec. 15-805. Escheat of certain abandoned local government |
moneys. Property presumed abandoned where the administrator |
reasonably believes the owner is a unit of local government in |
this State shall escheat to the State and shall be deposited |
into the General Revenue Fund if all of the following apply: |
(1) the administrator has provided written notice to |
the unit of local government pursuant to subsection (b) of |
Section 15-504 at least 3 times in at least 3 different |
calendar years; |
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(2) it has been more than 5 years since the |
administrator first provided written notice to the unit of |
local government pursuant to subsection (b) of Section |
15-504; |
(3) the administrator has published a notice on the |
administrator's website for at least one year of the value |
of the property, the name of the unit of local government, |
and that such presumed abandoned property is subject to |
escheat; and |
(4) the unit of local government has not initiated a |
claim or otherwise expressed an indication of interest in |
the property.
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(765 ILCS 1026/15-806 new) |
Sec. 15-806. Escheat of certain abandoned State agency |
moneys. Property presumed abandoned where the administrator |
reasonably believes the owner is a State agency as defined in |
the Illinois State Auditing Act, shall escheat to the State |
and shall be deposited into the General Revenue Fund if all of |
the following apply: |
(1) the administrator has provided written notice to |
the State agency pursuant to subsection (c) of Section |
15-504 at least 3 times in at least 3 different calendar |
years; |
(2) it has been more than 3 years since the |
administrator first provided written notice to the State |
