Bill Text: IL SB3174 | 2021-2022 | 102nd General Assembly | Chaptered

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Bill Title: Amends the Revised Uniform Unclaimed Property Act. Allows the administrator to deliver property or pay the amount owing to a person without the person filing a claim if the value of the property that is owed the person is $5,000 (rather than $2,000) or less. Allows the administrator to waive a specific requirement and pay or deliver property directly to a person if the property has a value of less than $2,000 (rather than $500). Allows an heir or agent who files an unclaimed property claim in which the decedent's property does not exceed $250 (rather than $100) to 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. Provides that an affidavit is not required to include a copy of the decedent's death certificate if other evidence of the death of the owner is available. Makes conforming changes. Effective immediately.

Sponsorship: Partisan Bill (Democrat 3)

Status: (Passed) 2022-05-13 - Public Act . . . . . . . . . 102-0835 [SB3174 Detail]

Download: Illinois-2021-SB3174-Chaptered.html

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Public Act 102-0835
SB3174 Enrolled LRB102 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.