33 | | - | Civil Practice Law. Appeals may be taken from the judgment of |
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34 | | - | the circuit court, either by the county collector or by the |
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35 | | - | petitioner, as in other civil cases. A claim for refund shall |
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36 | | - | not be allowed unless a petition is filed within 5 years from |
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37 | | - | the date the right to a refund arose. If a certificate of error |
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38 | | - | results in the allowance of a homestead exemption not |
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39 | | - | previously allowed, the county collector shall pay the |
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40 | | - | taxpayer interest on the amount of taxes paid that are |
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41 | | - | attributable to the amount of the additional allowance, at the |
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42 | | - | rate of 6% per year. To cover the cost of interest, the county |
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43 | | - | collector shall proportionately reduce the distribution of |
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44 | | - | taxes collected for each taxing district in which the property |
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45 | | - | is situated. Any sum of money payable under this subsection |
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46 | | - | which remains unclaimed for 3 years after the amount was |
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47 | | - | payable shall be presumed to be abandoned and subject to |
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48 | | - | disposition under the Revised Uniform Unclaimed Property Act. |
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49 | | - | (a-1) In Cook County, if any property is twice assessed |
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50 | | - | for the same year, or assessed before it becomes taxable, and |
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51 | | - | the erroneously assessed taxes have been paid either at sale |
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52 | | - | or otherwise, or have been overpaid by the same claimant or by |
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53 | | - | different claimants, the Cook County Treasurer, upon being |
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54 | | - | satisfied of the facts in the case, shall refund the taxes to |
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55 | | - | the proper claimant. When the Cook County Treasurer is unable |
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56 | | - | to determine the proper claimant, the circuit court, on |
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57 | | - | petition of the person paying the taxes, or his or her agent, |
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58 | | - | and being satisfied of the facts in the case, shall direct the |
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59 | | - | |
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60 | | - | |
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61 | | - | Cook County Treasurer to refund the taxes plus costs of suit |
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62 | | - | and deduct the amount thereof, pro rata, from the moneys due to |
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63 | | - | taxing bodies which received the taxes erroneously paid, or |
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64 | | - | their legal successors. Pleadings in connection with the |
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65 | | - | petition provided for in this Section shall conform to that |
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66 | | - | prescribed in the Civil Practice Law. Appeals may be taken |
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67 | | - | from the judgment of the circuit court, either by the Cook |
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68 | | - | County Treasurer or by the petitioner, as in other civil |
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69 | | - | cases. A claim for refund shall not be allowed unless a |
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70 | | - | petition is filed within 20 years from the date the right to a |
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71 | | - | refund arose. The total amount of taxes and interest refunded |
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72 | | - | for claims under this subsection for which the right to a |
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73 | | - | refund arose prior to January 1, 2009 shall not exceed |
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74 | | - | $5,000,000 per year. If the payment of a claim for a refund |
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75 | | - | would cause the aggregate total of taxes and interest for all |
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76 | | - | claims to exceed $5,000,000 in any year, the refund shall be |
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77 | | - | paid in the next succeeding year. If a certificate of error |
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78 | | - | results in the allowance of a homestead exemption not |
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79 | | - | previously allowed, the Cook County Treasurer shall pay the |
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80 | | - | taxpayer interest on the amount of taxes paid that are |
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81 | | - | attributable to the amount of the additional allowance, at the |
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82 | | - | rate of 6% per year. To cover the cost of interest, the Cook |
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83 | | - | County Treasurer shall proportionately reduce the distribution |
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84 | | - | of taxes collected for each taxing district in which the |
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85 | | - | property is situated. Any sum of money payable under this |
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86 | | - | subsection which remains unclaimed for 3 years after the |
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87 | | - | |
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88 | | - | |
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89 | | - | amount was payable shall be presumed to be abandoned and |
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90 | | - | subject to disposition under the Revised Uniform Unclaimed |
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91 | | - | Property Act. |
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92 | | - | (b) Notwithstanding any other provision of law, in Cook |
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93 | | - | County a claim for refund under this Section is also allowed if |
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94 | | - | the application therefor is filed between September 1, 2011 |
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95 | | - | and September 1, 2012 and the right to a refund arose more than |
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96 | | - | 5 years prior to the date the application is filed but not |
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97 | | - | earlier than January 1, 2000. The Cook County Treasurer, upon |
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98 | | - | being satisfied of the facts in the case, shall refund the |
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99 | | - | taxes to the proper claimant and shall proportionately reduce |
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100 | | - | the distribution of taxes collected for each taxing district |
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101 | | - | in which the property is situated. Refunds under this |
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102 | | - | subsection shall be paid in the order in which the claims are |
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103 | | - | received. The Cook County Treasurer shall not accept a claim |
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104 | | - | for refund under this subsection before September 1, 2011. For |
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105 | | - | the purposes of this subsection, the Cook County Treasurer |
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106 | | - | shall accept a claim for refund by mail or in person. In no |
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107 | | - | event shall a refund be paid under this subsection if the |
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108 | | - | issuance of that refund would cause the aggregate total of |
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109 | | - | taxes and interest refunded for all claims under this |
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110 | | - | subsection to exceed $350,000. The Cook County Treasurer shall |
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111 | | - | notify the public of the provisions of this subsection on the |
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112 | | - | Treasurer's website. A home rule unit may not regulate claims |
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113 | | - | for refunds in a manner that is inconsistent with this Act. |
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114 | | - | This Section is a limitation of home rule powers under |
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115 | | - | |
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116 | | - | |
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117 | | - | subsection (i) of Section 6 of Article VII of the Illinois |
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118 | | - | Constitution. |
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119 | | - | (Source: P.A. 100-1104, eff. 8-27-18.) |
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120 | | - | Section 20. The Probate Act of 1975 is amended by changing |
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121 | | - | Section 24-20 as follows: |
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122 | | - | (755 ILCS 5/24-20) (from Ch. 110 1/2, par. 24-20) |
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123 | | - | Sec. 24-20. Deposit of unclaimed money. Before July 1, |
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124 | | - | 2024, when When the receipt of a ward, a distributee of an |
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125 | | - | estate, or a claimant cannot be obtained for money or any other |
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126 | | - | asset of the estate, the representative by leave of court may |
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127 | | - | sell the asset and deposit the net proceeds together with any |
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128 | | - | other money of the estate belonging to the ward, distributee, |
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129 | | - | or claimant with the county treasurer of the county in which |
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130 | | - | the estate is being administered. The representative shall |
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131 | | - | notify the county treasurer in writing of the identity of the |
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132 | | - | persons entitled thereto and, if known, their last known post |
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133 | | - | office address. The county treasurer shall give the |
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134 | | - | representative a receipt therefor which shall be filed in the |
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135 | | - | court. The person entitled to the money so deposited may |
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136 | | - | obtain it, plus interest at a rate equal to the average |
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137 | | - | interest rate on 3 month United States Treasury Bills issued |
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138 | | - | during the time the money was on deposit, upon application to |
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139 | | - | the court and satisfactory proof of his right thereto. |
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140 | | - | On or after July 1, 2024, when the receipt of a ward, a |
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141 | | - | |
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142 | | - | |
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143 | | - | distributee of an estate, or a claimant cannot be found, the |
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144 | | - | representative shall report and remit the share of the missing |
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145 | | - | person to the State Treasurer for disposition under the |
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146 | | - | Revised Uniform Unclaimed Property Act. |
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147 | | - | (Source: P.A. 88-46.) |
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148 | | - | Section 25. The Revised Uniform Unclaimed Property Act is |
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149 | | - | amended by changing Sections 15-201, 15-202, 15-210, 15-504, |
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150 | | - | and 15-804 and by adding Sections 15-805 and 15-806 as |
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151 | | - | follows: |
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152 | | - | (765 ILCS 1026/15-201) |
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153 | | - | Sec. 15-201. When property presumed abandoned. Subject to |
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154 | | - | Section 15-210, the following property is presumed abandoned |
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155 | | - | if it is unclaimed by the apparent owner during the period |
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156 | | - | specified below: |
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157 | | - | (1) a traveler's check, 15 years after issuance; |
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158 | | - | (2) a money order, 5 years after issuance; |
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159 | | - | (3) any instrument on which a financial organization |
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160 | | - | or business association is directly liable, other than a |
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161 | | - | money order, 3 years after issuance; |
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162 | | - | (4) a state or municipal bond, bearer bond, or |
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163 | | - | original-issue-discount bond, 3 years after the earliest |
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164 | | - | of the date the bond matures or is called or the obligation |
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165 | | - | to pay the principal of the bond arises; |
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166 | | - | (5) a debt of a business association, 3 years after |
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167 | | - | |
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168 | | - | |
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169 | | - | the obligation to pay arises; |
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170 | | - | (6) financial organization deposits as follows: |
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171 | | - | (i) a demand deposit, 3 years after the date of the |
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172 | | - | last indication of interest in the property by the |
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173 | | - | apparent owner; |
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174 | | - | (ii) a savings deposit, 3 years after the date of |
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175 | | - | last indication of interest in the property by the |
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176 | | - | apparent owner; |
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177 | | - | (iii) a time deposit for which the owner has not |
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178 | | - | consented to automatic renewal of the time deposit, 3 |
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179 | | - | years after the later of maturity or the date of the |
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180 | | - | last indication of interest in the property by the |
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181 | | - | apparent owner; |
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182 | | - | (iv) an automatically renewable time deposit for |
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183 | | - | which the owner consented to the automatic renewal in |
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184 | | - | a record on file with the holder, 3 years after the |
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185 | | - | date of last indication of interest in the property by |
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186 | | - | the apparent owner, following the completion of the |
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187 | | - | initial term of the time deposit and one automatic |
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188 | | - | renewal term of the time deposit; |
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189 | | - | (6.5) virtual currency, 5 years after the last |
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190 | | - | indication of interest in the property; |
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191 | | - | (7) money or a credit owed to a customer as a result of |
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192 | | - | a retail business transaction, other than in-store credit |
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193 | | - | for returned merchandise, 3 years after the obligation |
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194 | | - | arose; |
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195 | | - | |
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196 | | - | |
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197 | | - | (8) an amount owed by an insurance company on a life or |
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198 | | - | endowment insurance policy or an annuity contract that has |
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199 | | - | matured or terminated, 3 years after the obligation to pay |
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200 | | - | arose under the terms of the policy or contract or, if a |
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201 | | - | policy or contract for which an amount is owed on proof of |
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202 | | - | death has not matured by proof of the death of the insured |
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203 | | - | or annuitant, as follows: |
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204 | | - | (A) with respect to an amount owed on a life or |
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205 | | - | endowment insurance policy, the earlier of: |
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206 | | - | (i) 3 years after the death of the insured; or |
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207 | | - | (ii) 2 years after the insured has attained, |
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208 | | - | or would have attained if living, the limiting age |
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209 | | - | under the mortality table on which the reserve for |
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210 | | - | the policy is based; and |
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211 | | - | (B) with respect to an amount owed on an annuity |
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212 | | - | contract, 3 years after the death of the annuitant. |
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213 | | - | (9) funds on deposit or held in trust pursuant to the |
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214 | | - | Illinois Funeral or Burial Funds Act, the earliest of: |
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215 | | - | (A) 2 years after the date of death of the |
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216 | | - | beneficiary; |
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217 | | - | (B) one year after the date the beneficiary has |
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218 | | - | attained, or would have attained if living, the age of |
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219 | | - | 105 where the holder does not know whether the |
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220 | | - | beneficiary is deceased; |
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221 | | - | (C) 40 years after the contract for prepayment was |
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222 | | - | executed, unless the apparent owner has indicated an |
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223 | | - | |
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224 | | - | |
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225 | | - | interest in the property more than 40 years after the |
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226 | | - | contract for prepayment was executed, in which case, 3 |
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227 | | - | years after the last indication of interest in the |
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228 | | - | property by the apparent owner; |
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229 | | - | (10) property distributable by a business association |
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230 | | - | in the course of dissolution or distributions from the |
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231 | | - | termination of a retirement plan, one year after the |
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232 | | - | property becomes distributable; |
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233 | | - | (11) property held by a court, including property |
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234 | | - | received as proceeds of a class action, 3 years after the |
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235 | | - | property becomes distributable; |
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236 | | - | (12) property held by a government or governmental |
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237 | | - | subdivision, agency, or instrumentality, including |
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238 | | - | municipal bond interest and unredeemed principal under the |
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239 | | - | administration of a paying agent or indenture trustee, 3 |
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240 | | - | years after the property becomes distributable; |
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241 | | - | (12.5) amounts payable pursuant to Section 20-175 of |
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242 | | - | the Property Tax Code, 3 years after the property becomes |
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243 | | - | payable; |
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244 | | - | (13) wages, commissions, bonuses, or reimbursements to |
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245 | | - | which an employee is entitled, or other compensation for |
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246 | | - | personal services, including amounts held on a payroll |
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247 | | - | card, one year after the amount becomes payable; |
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248 | | - | (14) a deposit or refund owed to a subscriber by a |
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249 | | - | utility, one year after the deposit or refund becomes |
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250 | | - | payable, except that any capital credits or patronage |
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251 | | - | |
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252 | | - | |
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253 | | - | capital retired, returned, refunded or tendered to a |
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254 | | - | member of an electric cooperative, as defined in Section |
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255 | | - | 3.4 of the Electric Supplier Act, or a telephone or |
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256 | | - | telecommunications cooperative, as defined in Section |
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257 | | - | 13-212 of the Public Utilities Act, that has remained |
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258 | | - | unclaimed by the person appearing on the records of the |
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259 | | - | entitled cooperative for more than 2 years, shall not be |
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260 | | - | subject to, or governed by, any other provisions of this |
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261 | | - | Act, but rather shall be used by the cooperative for the |
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262 | | - | benefit of the general membership of the cooperative; and |
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263 | | - | (15) property not specified in this Section or |
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264 | | - | Sections 15-202 through 15-208, the earlier of 3 years |
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265 | | - | after the owner first has a right to demand the property or |
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266 | | - | the obligation to pay or distribute the property arises. |
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267 | | - | Notwithstanding anything to the contrary in this Section |
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268 | | - | 15-201, and subject to Section 15-210, a deceased owner cannot |
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269 | | - | indicate interest in his or her property. If the owner is |
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270 | | - | deceased and the abandonment period for the owner's property |
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271 | | - | specified in this Section 15-201 is greater than 2 years, then |
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272 | | - | the property, other than an amount owed by an insurance |
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273 | | - | company on a life or endowment insurance policy or an annuity |
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274 | | - | contract that has matured or terminated, shall instead be |
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275 | | - | presumed abandoned 2 years from the date of the owner's last |
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276 | | - | indication of interest in the property. |
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277 | | - | (Source: P.A. 101-552, eff. 1-1-20; 102-288, eff. 8-6-21.) |
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278 | | - | |
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279 | | - | |
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280 | | - | (765 ILCS 1026/15-202) |
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281 | | - | Sec. 15-202. When tax-deferred and tax-exempt retirement |
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282 | | - | accounts presumed abandoned. |
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283 | | - | (a) Subject to Section 15-210, property held in a pension |
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284 | | - | account or retirement account that qualifies for tax deferral |
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285 | | - | or tax exemption under the income-tax laws of the United |
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286 | | - | States is presumed abandoned if it is unclaimed by the |
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287 | | - | apparent owner after the later of: |
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288 | | - | (1) 3 years after the following dates: |
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289 | | - | (A) except as in subparagraph (B), the date a |
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290 | | - | communication sent by the holder by first-class United |
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291 | | - | States mail to the apparent owner is returned to the |
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292 | | - | holder undelivered by the United States Postal |
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293 | | - | Service; or |
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294 | | - | (B) if such communication is re-sent within 30 |
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295 | | - | days after the date the first communication is |
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296 | | - | returned undelivered, the date the second |
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297 | | - | communication was returned undelivered by the United |
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298 | | - | States Postal Service; or |
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299 | | - | (2) the earlier of the following dates: |
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300 | | - | (A) 3 years after the date the apparent owner |
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301 | | - | becomes 73 72 years of age, if determinable by the |
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302 | | - | holder; or |
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303 | | - | (B) one year after the date of mandatory |
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304 | | - | distribution following death if the Internal Revenue |
---|
305 | | - | Code requires distribution to avoid a tax penalty and |
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306 | | - | |
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307 | | - | |
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308 | | - | the holder: |
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309 | | - | (i) receives confirmation of the death of the |
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310 | | - | apparent owner in the ordinary course of its |
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311 | | - | business; or |
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312 | | - | (ii) confirms the death of the apparent owner |
---|
313 | | - | under subsection (b). |
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314 | | - | (b) If a holder in the ordinary course of its business |
---|
315 | | - | receives notice or an indication of the death of an apparent |
---|
316 | | - | owner and subsection (a)(2) applies, the holder shall attempt |
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317 | | - | not later than 90 days after receipt of the notice or |
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318 | | - | indication to confirm whether the apparent owner is deceased. |
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319 | | - | (c) If the holder does not send communications to the |
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320 | | - | apparent owner of an account described in subsection (a) by |
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321 | | - | first-class United States mail on at least an annual basis, |
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322 | | - | the holder shall attempt to confirm the apparent owner's |
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323 | | - | interest in the property by sending the apparent owner an |
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324 | | - | electronic-mail communication not later than 2 years after the |
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325 | | - | apparent owner's last indication of interest in the property. |
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326 | | - | However, the holder promptly shall attempt to contact the |
---|
327 | | - | apparent owner by first-class United States mail if: |
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328 | | - | (1) the holder does not have information needed to |
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329 | | - | send the apparent owner an electronic mail communication |
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330 | | - | or the holder believes that the apparent owner's |
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331 | | - | electronic mail address in the holder's records is not |
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332 | | - | valid; |
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333 | | - | (2) the holder receives notification that the |
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334 | | - | |
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335 | | - | |
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336 | | - | electronic-mail communication was not received; or |
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337 | | - | (3) the apparent owner does not respond to the |
---|
338 | | - | electronic-mail communication within 30 days after the |
---|
339 | | - | communication was sent. |
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340 | | - | (d) If first-class United States mail sent under |
---|
341 | | - | subsection (c) is returned to the holder undelivered by the |
---|
342 | | - | United States Postal Service, the property is presumed |
---|
343 | | - | abandoned 3 years after the later of: |
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344 | | - | (1) except as in paragraph (2), the date a |
---|
345 | | - | communication to contact the apparent owner sent by |
---|
346 | | - | first-class United States mail is returned to the holder |
---|
347 | | - | undelivered; |
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348 | | - | (2) if such communication is re-sent within 30 days |
---|
349 | | - | after the date the first communication is returned |
---|
350 | | - | undelivered, the date the second communication was |
---|
351 | | - | returned undelivered; or |
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352 | | - | (3) the date established by subsection (a)(2). |
---|
353 | | - | (Source: P.A. 102-288, eff. 8-6-21.) |
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354 | | - | (765 ILCS 1026/15-210) |
---|
355 | | - | Sec. 15-210. Indication of apparent owner interest in |
---|
356 | | - | property. |
---|
357 | | - | (a) The period after which property is presumed abandoned |
---|
358 | | - | is measured from the later of: |
---|
359 | | - | (1) the date the property is presumed abandoned under |
---|
360 | | - | this Article; or |
---|
361 | | - | |
---|
362 | | - | |
---|
363 | | - | (2) the latest indication of interest by the apparent |
---|
364 | | - | owner in the property. |
---|
365 | | - | (b) Under this Act, an indication of an apparent owner's |
---|
366 | | - | interest in property includes: |
---|
367 | | - | (1) a record communicated by the apparent owner to the |
---|
368 | | - | holder or agent of the holder concerning the property or |
---|
369 | | - | the account in which the property is held; |
---|
370 | | - | (2) an oral communication by the apparent owner to the |
---|
371 | | - | holder or agent of the holder concerning the property or |
---|
372 | | - | the account in which the property is held, if the holder or |
---|
373 | | - | its agent contemporaneously makes and preserves a record |
---|
374 | | - | of the fact of the apparent owner's communication; |
---|
375 | | - | (3) presentment of a check or other instrument of |
---|
376 | | - | payment of a dividend, interest payment, or other |
---|
377 | | - | distribution, or evidence of receipt of a distribution |
---|
378 | | - | made by electronic or similar means, with respect to an |
---|
379 | | - | account, underlying security, or interest in a business |
---|
380 | | - | association; |
---|
381 | | - | (4) activity directed by an apparent owner in the |
---|
382 | | - | account in which the property is held, including accessing |
---|
383 | | - | the account or information concerning the account, or a |
---|
384 | | - | direction by the apparent owner to increase, decrease, or |
---|
385 | | - | otherwise change the amount or type of property held in |
---|
386 | | - | the account; |
---|
387 | | - | (5) a deposit into or withdrawal from an account at a |
---|
388 | | - | financial organization, except for a recurring Automated |
---|
389 | | - | |
---|
390 | | - | |
---|
391 | | - | Clearing House (ACH) debit or credit previously authorized |
---|
392 | | - | by the apparent owner or an automatic reinvestment of |
---|
393 | | - | dividends or interest; and |
---|
394 | | - | (6) subject to subsection (e), payment of a premium on |
---|
395 | | - | an insurance policy. |
---|
396 | | - | (c) An action by an agent or other representative of an |
---|
397 | | - | apparent owner, other than the holder acting as the apparent |
---|
398 | | - | owner's agent, is presumed to be an action on behalf of the |
---|
399 | | - | apparent owner. |
---|
400 | | - | (d) A communication with an apparent owner by a person |
---|
401 | | - | other than the holder or the holder's representative is not an |
---|
402 | | - | indication of interest in the property by the apparent owner |
---|
403 | | - | unless a record of the communication evidences the apparent |
---|
404 | | - | owner's knowledge of a right to the property. |
---|
405 | | - | (e) If the insured dies or the insured or beneficiary of an |
---|
406 | | - | insurance policy otherwise becomes entitled to the proceeds |
---|
407 | | - | before depletion of the cash surrender value of the policy by |
---|
408 | | - | operation of an automatic-premium-loan provision or other |
---|
409 | | - | nonforfeiture provision contained in the policy, the operation |
---|
410 | | - | does not prevent the policy from maturing or terminating. |
---|
411 | | - | (f) If the apparent owner has another property with the |
---|
412 | | - | holder to which Section 201(6) applies, then activity directed |
---|
413 | | - | by an apparent owner in any other accounts, including loan |
---|
414 | | - | accounts, at a financial organization holding an inactive |
---|
415 | | - | account of the apparent owner shall be an indication of |
---|
416 | | - | interest in all such accounts if: |
---|
417 | | - | |
---|
418 | | - | |
---|
419 | | - | (A) the apparent owner engages in one or more of the |
---|
420 | | - | following activities: |
---|
421 | | - | (i) the apparent owner undertakes one or more of |
---|
422 | | - | the actions described in subsection (b) of this |
---|
423 | | - | Section regarding any of the other accounts the |
---|
424 | | - | apparent owner has with the financial organization; |
---|
425 | | - | (ii) the apparent owner increases or decreases the |
---|
426 | | - | amount of funds in any other account the apparent |
---|
427 | | - | owner has with the financial organization; or |
---|
428 | | - | (iii) the apparent owner engages in any other |
---|
429 | | - | relationship with the financial organization, |
---|
430 | | - | including payment of any amounts due on a loan; and |
---|
431 | | - | (B) the foregoing apply so long as the mailing address |
---|
432 | | - | for the apparent owner in the financial organization's |
---|
433 | | - | books and records is the same for both the inactive |
---|
434 | | - | account and the active account. |
---|
435 | | - | (g) For an amount held on a payroll card, an indication of |
---|
436 | | - | owner interest includes wages from an employer pursuant to |
---|
437 | | - | Section 14.5 of the Illinois Wage Payment and Collection Act |
---|
438 | | - | in the form of a recurring ACH credit previously authorized by |
---|
439 | | - | the apparent owner; however, an ACH credit is not an |
---|
440 | | - | indication of owner interest if the holder assesses fees for |
---|
441 | | - | account inactivity on the payroll card account. |
---|
442 | | - | (Source: P.A. 102-288, eff. 8-6-21; 102-734, eff. 1-1-23.) |
---|
443 | | - | (765 ILCS 1026/15-504) |
---|
444 | | - | |
---|
445 | | - | |
---|
446 | | - | Sec. 15-504. Cooperation among State officers and agencies |
---|
447 | | - | to locate apparent owner. |
---|
448 | | - | (a) Unless prohibited by law of this State other than this |
---|
449 | | - | Act, on request of the administrator, each officer, agency, |
---|
450 | | - | board, commission, division, and department of this State, any |
---|
451 | | - | body politic and corporate created by this State for a public |
---|
452 | | - | purpose, and each political subdivision of this State shall |
---|
453 | | - | make its books and records available to the administrator and |
---|
454 | | - | cooperate with the administrator to determine the current |
---|
455 | | - | address of an apparent owner of property held by the |
---|
456 | | - | administrator under this Act or to otherwise assist the |
---|
457 | | - | administrator in the administration of this Act. The |
---|
458 | | - | administrator may also enter into data sharing agreements to |
---|
459 | | - | enable such other governmental agencies to provide an |
---|
460 | | - | additional notice to apparent owners of property held by the |
---|
461 | | - | administrator. |
---|
462 | | - | (b) If the administrator reasonably believes that the |
---|
463 | | - | apparent owner of property presumed abandoned held by the |
---|
464 | | - | administrator under this Act is a unit of local government in |
---|
465 | | - | this State which files an audit report or annual financial |
---|
466 | | - | report with the Comptroller, the administrator may give |
---|
467 | | - | written notice to the person or persons identified in the most |
---|
468 | | - | recent annual financial report as the contact person, the |
---|
469 | | - | chief executive officer, and the chief financial officer. |
---|
470 | | - | (c) If the administrator reasonably believes that the |
---|
471 | | - | apparent owner of property presumed abandoned held by the |
---|
472 | | - | |
---|
473 | | - | |
---|
474 | | - | administrator under this Act is a State agency as defined in |
---|
475 | | - | the Illinois State Auditing Act, the administrator may give |
---|
476 | | - | written notice to the person whom the records of the |
---|
477 | | - | Comptroller indicate are the chief executive officer and chief |
---|
478 | | - | fiscal officer of such State agency. |
---|
479 | | - | (Source: P.A. 100-22, eff. 1-1-18.) |
---|
480 | | - | (765 ILCS 1026/15-804) |
---|
481 | | - | Sec. 15-804. Administrator holds property as custodian for |
---|
482 | | - | owner. Upon the payment or delivery of abandoned property to |
---|
483 | | - | the administrator, the State shall assume custody and shall be |
---|
484 | | - | responsible for the safekeeping thereof in perpetuity unless |
---|
485 | | - | otherwise claimed for the benefit of the owner or the owner's |
---|
486 | | - | successors in interest. |
---|
487 | | - | (Source: P.A. 100-22, eff. 1-1-18.) |
---|
488 | | - | (765 ILCS 1026/15-805 new) |
---|
489 | | - | Sec. 15-805. Escheat of certain abandoned local government |
---|
490 | | - | moneys. Property presumed abandoned where the administrator |
---|
491 | | - | reasonably believes the owner is a unit of local government in |
---|
492 | | - | this State shall escheat to the State and shall be deposited |
---|
493 | | - | into the General Revenue Fund if all of the following apply: |
---|
494 | | - | (1) the administrator has provided written notice to |
---|
495 | | - | the unit of local government pursuant to subsection (b) of |
---|
496 | | - | Section 15-504 at least 3 times in at least 3 different |
---|
497 | | - | calendar years; |
---|
498 | | - | |
---|
499 | | - | |
---|
500 | | - | (2) it has been more than 5 years since the |
---|
501 | | - | administrator first provided written notice to the unit of |
---|
502 | | - | local government pursuant to subsection (b) of Section |
---|
503 | | - | 15-504; |
---|
504 | | - | (3) the administrator has published a notice on the |
---|
505 | | - | administrator's website for at least one year of the value |
---|
506 | | - | of the property, the name of the unit of local government, |
---|
507 | | - | and that such presumed abandoned property is subject to |
---|
508 | | - | escheat; and |
---|
509 | | - | (4) the unit of local government has not initiated a |
---|
510 | | - | claim or otherwise expressed an indication of interest in |
---|
511 | | - | the property. |
---|
512 | | - | (765 ILCS 1026/15-806 new) |
---|
513 | | - | Sec. 15-806. Escheat of certain abandoned State agency |
---|
514 | | - | moneys. Property presumed abandoned where the administrator |
---|
515 | | - | reasonably believes the owner is a State agency as defined in |
---|
516 | | - | the Illinois State Auditing Act, shall escheat to the State |
---|
517 | | - | and shall be deposited into the General Revenue Fund if all of |
---|
518 | | - | the following apply: |
---|
519 | | - | (1) the administrator has provided written notice to |
---|
520 | | - | the State agency pursuant to subsection (c) of Section |
---|
521 | | - | 15-504 at least 3 times in at least 3 different calendar |
---|
522 | | - | years; |
---|
523 | | - | (2) it has been more than 3 years since the |
---|
524 | | - | administrator first provided written notice to the State |
---|
525 | | - | |
---|
526 | | - | |
---|
527 | | - | agency pursuant to subsection (c) of Section 15-504; and |
---|
528 | | - | (3) the State agency has not initiated a claim or |
---|
529 | | - | otherwise expressed an indication of interest in the |
---|
530 | | - | property. |
---|
531 | | - | Section 99. Effective date. This Act takes effect upon |
---|
532 | | - | becoming law. |
---|
533 | | - | INDEX Statutes amended in order of appearance INDEX Statutes amended in order of appearance |
---|
534 | | - | INDEX |
---|
535 | | - | Statutes amended in order of appearance |
---|
| 32 | + | HB2224 Enrolled- 2 -LRB103 30604 LNS 57044 b HB2224 Enrolled - 2 - LRB103 30604 LNS 57044 b |
---|
| 33 | + | HB2224 Enrolled - 2 - LRB103 30604 LNS 57044 b |
---|
| 34 | + | 1 Civil Practice Law. Appeals may be taken from the judgment of |
---|
| 35 | + | 2 the circuit court, either by the county collector or by the |
---|
| 36 | + | 3 petitioner, as in other civil cases. A claim for refund shall |
---|
| 37 | + | 4 not be allowed unless a petition is filed within 5 years from |
---|
| 38 | + | 5 the date the right to a refund arose. If a certificate of error |
---|
| 39 | + | 6 results in the allowance of a homestead exemption not |
---|
| 40 | + | 7 previously allowed, the county collector shall pay the |
---|
| 41 | + | 8 taxpayer interest on the amount of taxes paid that are |
---|
| 42 | + | 9 attributable to the amount of the additional allowance, at the |
---|
| 43 | + | 10 rate of 6% per year. To cover the cost of interest, the county |
---|
| 44 | + | 11 collector shall proportionately reduce the distribution of |
---|
| 45 | + | 12 taxes collected for each taxing district in which the property |
---|
| 46 | + | 13 is situated. Any sum of money payable under this subsection |
---|
| 47 | + | 14 which remains unclaimed for 3 years after the amount was |
---|
| 48 | + | 15 payable shall be presumed to be abandoned and subject to |
---|
| 49 | + | 16 disposition under the Revised Uniform Unclaimed Property Act. |
---|
| 50 | + | 17 (a-1) In Cook County, if any property is twice assessed |
---|
| 51 | + | 18 for the same year, or assessed before it becomes taxable, and |
---|
| 52 | + | 19 the erroneously assessed taxes have been paid either at sale |
---|
| 53 | + | 20 or otherwise, or have been overpaid by the same claimant or by |
---|
| 54 | + | 21 different claimants, the Cook County Treasurer, upon being |
---|
| 55 | + | 22 satisfied of the facts in the case, shall refund the taxes to |
---|
| 56 | + | 23 the proper claimant. When the Cook County Treasurer is unable |
---|
| 57 | + | 24 to determine the proper claimant, the circuit court, on |
---|
| 58 | + | 25 petition of the person paying the taxes, or his or her agent, |
---|
| 59 | + | 26 and being satisfied of the facts in the case, shall direct the |
---|
539 | | - | INDEX |
---|
540 | | - | Statutes amended in order of appearance |
---|
| 63 | + | |
---|
| 64 | + | |
---|
| 65 | + | HB2224 Enrolled - 2 - LRB103 30604 LNS 57044 b |
---|
| 66 | + | |
---|
| 67 | + | |
---|
| 68 | + | HB2224 Enrolled- 3 -LRB103 30604 LNS 57044 b HB2224 Enrolled - 3 - LRB103 30604 LNS 57044 b |
---|
| 69 | + | HB2224 Enrolled - 3 - LRB103 30604 LNS 57044 b |
---|
| 70 | + | 1 Cook County Treasurer to refund the taxes plus costs of suit |
---|
| 71 | + | 2 and deduct the amount thereof, pro rata, from the moneys due to |
---|
| 72 | + | 3 taxing bodies which received the taxes erroneously paid, or |
---|
| 73 | + | 4 their legal successors. Pleadings in connection with the |
---|
| 74 | + | 5 petition provided for in this Section shall conform to that |
---|
| 75 | + | 6 prescribed in the Civil Practice Law. Appeals may be taken |
---|
| 76 | + | 7 from the judgment of the circuit court, either by the Cook |
---|
| 77 | + | 8 County Treasurer or by the petitioner, as in other civil |
---|
| 78 | + | 9 cases. A claim for refund shall not be allowed unless a |
---|
| 79 | + | 10 petition is filed within 20 years from the date the right to a |
---|
| 80 | + | 11 refund arose. The total amount of taxes and interest refunded |
---|
| 81 | + | 12 for claims under this subsection for which the right to a |
---|
| 82 | + | 13 refund arose prior to January 1, 2009 shall not exceed |
---|
| 83 | + | 14 $5,000,000 per year. If the payment of a claim for a refund |
---|
| 84 | + | 15 would cause the aggregate total of taxes and interest for all |
---|
| 85 | + | 16 claims to exceed $5,000,000 in any year, the refund shall be |
---|
| 86 | + | 17 paid in the next succeeding year. If a certificate of error |
---|
| 87 | + | 18 results in the allowance of a homestead exemption not |
---|
| 88 | + | 19 previously allowed, the Cook County Treasurer shall pay the |
---|
| 89 | + | 20 taxpayer interest on the amount of taxes paid that are |
---|
| 90 | + | 21 attributable to the amount of the additional allowance, at the |
---|
| 91 | + | 22 rate of 6% per year. To cover the cost of interest, the Cook |
---|
| 92 | + | 23 County Treasurer shall proportionately reduce the distribution |
---|
| 93 | + | 24 of taxes collected for each taxing district in which the |
---|
| 94 | + | 25 property is situated. Any sum of money payable under this |
---|
| 95 | + | 26 subsection which remains unclaimed for 3 years after the |
---|
| 96 | + | |
---|
| 97 | + | |
---|
| 98 | + | |
---|
| 99 | + | |
---|
| 100 | + | |
---|
| 101 | + | HB2224 Enrolled - 3 - LRB103 30604 LNS 57044 b |
---|
| 102 | + | |
---|
| 103 | + | |
---|
| 104 | + | HB2224 Enrolled- 4 -LRB103 30604 LNS 57044 b HB2224 Enrolled - 4 - LRB103 30604 LNS 57044 b |
---|
| 105 | + | HB2224 Enrolled - 4 - LRB103 30604 LNS 57044 b |
---|
| 106 | + | 1 amount was payable shall be presumed to be abandoned and |
---|
| 107 | + | 2 subject to disposition under the Revised Uniform Unclaimed |
---|
| 108 | + | 3 Property Act. |
---|
| 109 | + | 4 (b) Notwithstanding any other provision of law, in Cook |
---|
| 110 | + | 5 County a claim for refund under this Section is also allowed if |
---|
| 111 | + | 6 the application therefor is filed between September 1, 2011 |
---|
| 112 | + | 7 and September 1, 2012 and the right to a refund arose more than |
---|
| 113 | + | 8 5 years prior to the date the application is filed but not |
---|
| 114 | + | 9 earlier than January 1, 2000. The Cook County Treasurer, upon |
---|
| 115 | + | 10 being satisfied of the facts in the case, shall refund the |
---|
| 116 | + | 11 taxes to the proper claimant and shall proportionately reduce |
---|
| 117 | + | 12 the distribution of taxes collected for each taxing district |
---|
| 118 | + | 13 in which the property is situated. Refunds under this |
---|
| 119 | + | 14 subsection shall be paid in the order in which the claims are |
---|
| 120 | + | 15 received. The Cook County Treasurer shall not accept a claim |
---|
| 121 | + | 16 for refund under this subsection before September 1, 2011. For |
---|
| 122 | + | 17 the purposes of this subsection, the Cook County Treasurer |
---|
| 123 | + | 18 shall accept a claim for refund by mail or in person. In no |
---|
| 124 | + | 19 event shall a refund be paid under this subsection if the |
---|
| 125 | + | 20 issuance of that refund would cause the aggregate total of |
---|
| 126 | + | 21 taxes and interest refunded for all claims under this |
---|
| 127 | + | 22 subsection to exceed $350,000. The Cook County Treasurer shall |
---|
| 128 | + | 23 notify the public of the provisions of this subsection on the |
---|
| 129 | + | 24 Treasurer's website. A home rule unit may not regulate claims |
---|
| 130 | + | 25 for refunds in a manner that is inconsistent with this Act. |
---|
| 131 | + | 26 This Section is a limitation of home rule powers under |
---|
| 132 | + | |
---|
| 133 | + | |
---|
| 134 | + | |
---|
| 135 | + | |
---|
| 136 | + | |
---|
| 137 | + | HB2224 Enrolled - 4 - LRB103 30604 LNS 57044 b |
---|
| 138 | + | |
---|
| 139 | + | |
---|
| 140 | + | HB2224 Enrolled- 5 -LRB103 30604 LNS 57044 b HB2224 Enrolled - 5 - LRB103 30604 LNS 57044 b |
---|
| 141 | + | HB2224 Enrolled - 5 - LRB103 30604 LNS 57044 b |
---|
| 142 | + | 1 subsection (i) of Section 6 of Article VII of the Illinois |
---|
| 143 | + | 2 Constitution. |
---|
| 144 | + | 3 (Source: P.A. 100-1104, eff. 8-27-18.) |
---|
| 145 | + | 4 Section 20. The Probate Act of 1975 is amended by changing |
---|
| 146 | + | 5 Section 24-20 as follows: |
---|
| 147 | + | 6 (755 ILCS 5/24-20) (from Ch. 110 1/2, par. 24-20) |
---|
| 148 | + | 7 Sec. 24-20. Deposit of unclaimed money. Before July 1, |
---|
| 149 | + | 8 2024, when When the receipt of a ward, a distributee of an |
---|
| 150 | + | 9 estate, or a claimant cannot be obtained for money or any other |
---|
| 151 | + | 10 asset of the estate, the representative by leave of court may |
---|
| 152 | + | 11 sell the asset and deposit the net proceeds together with any |
---|
| 153 | + | 12 other money of the estate belonging to the ward, distributee, |
---|
| 154 | + | 13 or claimant with the county treasurer of the county in which |
---|
| 155 | + | 14 the estate is being administered. The representative shall |
---|
| 156 | + | 15 notify the county treasurer in writing of the identity of the |
---|
| 157 | + | 16 persons entitled thereto and, if known, their last known post |
---|
| 158 | + | 17 office address. The county treasurer shall give the |
---|
| 159 | + | 18 representative a receipt therefor which shall be filed in the |
---|
| 160 | + | 19 court. The person entitled to the money so deposited may |
---|
| 161 | + | 20 obtain it, plus interest at a rate equal to the average |
---|
| 162 | + | 21 interest rate on 3 month United States Treasury Bills issued |
---|
| 163 | + | 22 during the time the money was on deposit, upon application to |
---|
| 164 | + | 23 the court and satisfactory proof of his right thereto. |
---|
| 165 | + | 24 On or after July 1, 2024, when the receipt of a ward, a |
---|
| 166 | + | |
---|
| 167 | + | |
---|
| 168 | + | |
---|
| 169 | + | |
---|
| 170 | + | |
---|
| 171 | + | HB2224 Enrolled - 5 - LRB103 30604 LNS 57044 b |
---|
| 172 | + | |
---|
| 173 | + | |
---|
| 174 | + | HB2224 Enrolled- 6 -LRB103 30604 LNS 57044 b HB2224 Enrolled - 6 - LRB103 30604 LNS 57044 b |
---|
| 175 | + | HB2224 Enrolled - 6 - LRB103 30604 LNS 57044 b |
---|
| 176 | + | 1 distributee of an estate, or a claimant cannot be found, the |
---|
| 177 | + | 2 representative shall report and remit the share of the missing |
---|
| 178 | + | 3 person to the State Treasurer for disposition under the |
---|
| 179 | + | 4 Revised Uniform Unclaimed Property Act. |
---|
| 180 | + | 5 (Source: P.A. 88-46.) |
---|
| 181 | + | 6 Section 25. The Revised Uniform Unclaimed Property Act is |
---|
| 182 | + | 7 amended by changing Sections 15-201, 15-202, 15-210, 15-504, |
---|
| 183 | + | 8 and 15-804 and by adding Sections 15-805 and 15-806 as |
---|
| 184 | + | 9 follows: |
---|
| 185 | + | 10 (765 ILCS 1026/15-201) |
---|
| 186 | + | 11 Sec. 15-201. When property presumed abandoned. Subject to |
---|
| 187 | + | 12 Section 15-210, the following property is presumed abandoned |
---|
| 188 | + | 13 if it is unclaimed by the apparent owner during the period |
---|
| 189 | + | 14 specified below: |
---|
| 190 | + | 15 (1) a traveler's check, 15 years after issuance; |
---|
| 191 | + | 16 (2) a money order, 5 years after issuance; |
---|
| 192 | + | 17 (3) any instrument on which a financial organization |
---|
| 193 | + | 18 or business association is directly liable, other than a |
---|
| 194 | + | 19 money order, 3 years after issuance; |
---|
| 195 | + | 20 (4) a state or municipal bond, bearer bond, or |
---|
| 196 | + | 21 original-issue-discount bond, 3 years after the earliest |
---|
| 197 | + | 22 of the date the bond matures or is called or the obligation |
---|
| 198 | + | 23 to pay the principal of the bond arises; |
---|
| 199 | + | 24 (5) a debt of a business association, 3 years after |
---|
| 200 | + | |
---|
| 201 | + | |
---|
| 202 | + | |
---|
| 203 | + | |
---|
| 204 | + | |
---|
| 205 | + | HB2224 Enrolled - 6 - LRB103 30604 LNS 57044 b |
---|
| 206 | + | |
---|
| 207 | + | |
---|
| 208 | + | HB2224 Enrolled- 7 -LRB103 30604 LNS 57044 b HB2224 Enrolled - 7 - LRB103 30604 LNS 57044 b |
---|
| 209 | + | HB2224 Enrolled - 7 - LRB103 30604 LNS 57044 b |
---|
| 210 | + | 1 the obligation to pay arises; |
---|
| 211 | + | 2 (6) financial organization deposits as follows: |
---|
| 212 | + | 3 (i) a demand deposit, 3 years after the date of the |
---|
| 213 | + | 4 last indication of interest in the property by the |
---|
| 214 | + | 5 apparent owner; |
---|
| 215 | + | 6 (ii) a savings deposit, 3 years after the date of |
---|
| 216 | + | 7 last indication of interest in the property by the |
---|
| 217 | + | 8 apparent owner; |
---|
| 218 | + | 9 (iii) a time deposit for which the owner has not |
---|
| 219 | + | 10 consented to automatic renewal of the time deposit, 3 |
---|
| 220 | + | 11 years after the later of maturity or the date of the |
---|
| 221 | + | 12 last indication of interest in the property by the |
---|
| 222 | + | 13 apparent owner; |
---|
| 223 | + | 14 (iv) an automatically renewable time deposit for |
---|
| 224 | + | 15 which the owner consented to the automatic renewal in |
---|
| 225 | + | 16 a record on file with the holder, 3 years after the |
---|
| 226 | + | 17 date of last indication of interest in the property by |
---|
| 227 | + | 18 the apparent owner, following the completion of the |
---|
| 228 | + | 19 initial term of the time deposit and one automatic |
---|
| 229 | + | 20 renewal term of the time deposit; |
---|
| 230 | + | 21 (6.5) virtual currency, 5 years after the last |
---|
| 231 | + | 22 indication of interest in the property; |
---|
| 232 | + | 23 (7) money or a credit owed to a customer as a result of |
---|
| 233 | + | 24 a retail business transaction, other than in-store credit |
---|
| 234 | + | 25 for returned merchandise, 3 years after the obligation |
---|
| 235 | + | 26 arose; |
---|
| 236 | + | |
---|
| 237 | + | |
---|
| 238 | + | |
---|
| 239 | + | |
---|
| 240 | + | |
---|
| 241 | + | HB2224 Enrolled - 7 - LRB103 30604 LNS 57044 b |
---|
| 242 | + | |
---|
| 243 | + | |
---|
| 244 | + | HB2224 Enrolled- 8 -LRB103 30604 LNS 57044 b HB2224 Enrolled - 8 - LRB103 30604 LNS 57044 b |
---|
| 245 | + | HB2224 Enrolled - 8 - LRB103 30604 LNS 57044 b |
---|
| 246 | + | 1 (8) an amount owed by an insurance company on a life or |
---|
| 247 | + | 2 endowment insurance policy or an annuity contract that has |
---|
| 248 | + | 3 matured or terminated, 3 years after the obligation to pay |
---|
| 249 | + | 4 arose under the terms of the policy or contract or, if a |
---|
| 250 | + | 5 policy or contract for which an amount is owed on proof of |
---|
| 251 | + | 6 death has not matured by proof of the death of the insured |
---|
| 252 | + | 7 or annuitant, as follows: |
---|
| 253 | + | 8 (A) with respect to an amount owed on a life or |
---|
| 254 | + | 9 endowment insurance policy, the earlier of: |
---|
| 255 | + | 10 (i) 3 years after the death of the insured; or |
---|
| 256 | + | 11 (ii) 2 years after the insured has attained, |
---|
| 257 | + | 12 or would have attained if living, the limiting age |
---|
| 258 | + | 13 under the mortality table on which the reserve for |
---|
| 259 | + | 14 the policy is based; and |
---|
| 260 | + | 15 (B) with respect to an amount owed on an annuity |
---|
| 261 | + | 16 contract, 3 years after the death of the annuitant. |
---|
| 262 | + | 17 (9) funds on deposit or held in trust pursuant to the |
---|
| 263 | + | 18 Illinois Funeral or Burial Funds Act, the earliest of: |
---|
| 264 | + | 19 (A) 2 years after the date of death of the |
---|
| 265 | + | 20 beneficiary; |
---|
| 266 | + | 21 (B) one year after the date the beneficiary has |
---|
| 267 | + | 22 attained, or would have attained if living, the age of |
---|
| 268 | + | 23 105 where the holder does not know whether the |
---|
| 269 | + | 24 beneficiary is deceased; |
---|
| 270 | + | 25 (C) 40 years after the contract for prepayment was |
---|
| 271 | + | 26 executed, unless the apparent owner has indicated an |
---|
| 272 | + | |
---|
| 273 | + | |
---|
| 274 | + | |
---|
| 275 | + | |
---|
| 276 | + | |
---|
| 277 | + | HB2224 Enrolled - 8 - LRB103 30604 LNS 57044 b |
---|
| 278 | + | |
---|
| 279 | + | |
---|
| 280 | + | HB2224 Enrolled- 9 -LRB103 30604 LNS 57044 b HB2224 Enrolled - 9 - LRB103 30604 LNS 57044 b |
---|
| 281 | + | HB2224 Enrolled - 9 - LRB103 30604 LNS 57044 b |
---|
| 282 | + | 1 interest in the property more than 40 years after the |
---|
| 283 | + | 2 contract for prepayment was executed, in which case, 3 |
---|
| 284 | + | 3 years after the last indication of interest in the |
---|
| 285 | + | 4 property by the apparent owner; |
---|
| 286 | + | 5 (10) property distributable by a business association |
---|
| 287 | + | 6 in the course of dissolution or distributions from the |
---|
| 288 | + | 7 termination of a retirement plan, one year after the |
---|
| 289 | + | 8 property becomes distributable; |
---|
| 290 | + | 9 (11) property held by a court, including property |
---|
| 291 | + | 10 received as proceeds of a class action, 3 years after the |
---|
| 292 | + | 11 property becomes distributable; |
---|
| 293 | + | 12 (12) property held by a government or governmental |
---|
| 294 | + | 13 subdivision, agency, or instrumentality, including |
---|
| 295 | + | 14 municipal bond interest and unredeemed principal under the |
---|
| 296 | + | 15 administration of a paying agent or indenture trustee, 3 |
---|
| 297 | + | 16 years after the property becomes distributable; |
---|
| 298 | + | 17 (12.5) amounts payable pursuant to Section 20-175 of |
---|
| 299 | + | 18 the Property Tax Code, 3 years after the property becomes |
---|
| 300 | + | 19 payable; |
---|
| 301 | + | 20 (13) wages, commissions, bonuses, or reimbursements to |
---|
| 302 | + | 21 which an employee is entitled, or other compensation for |
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| 303 | + | 22 personal services, including amounts held on a payroll |
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| 304 | + | 23 card, one year after the amount becomes payable; |
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| 305 | + | 24 (14) a deposit or refund owed to a subscriber by a |
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| 306 | + | 25 utility, one year after the deposit or refund becomes |
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| 307 | + | 26 payable, except that any capital credits or patronage |
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| 308 | + | |
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| 309 | + | |
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| 310 | + | |
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| 311 | + | |
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| 312 | + | |
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| 313 | + | HB2224 Enrolled - 9 - LRB103 30604 LNS 57044 b |
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| 314 | + | |
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| 315 | + | |
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| 316 | + | HB2224 Enrolled- 10 -LRB103 30604 LNS 57044 b HB2224 Enrolled - 10 - LRB103 30604 LNS 57044 b |
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| 317 | + | HB2224 Enrolled - 10 - LRB103 30604 LNS 57044 b |
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| 318 | + | 1 capital retired, returned, refunded or tendered to a |
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| 319 | + | 2 member of an electric cooperative, as defined in Section |
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| 320 | + | 3 3.4 of the Electric Supplier Act, or a telephone or |
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| 321 | + | 4 telecommunications cooperative, as defined in Section |
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| 322 | + | 5 13-212 of the Public Utilities Act, that has remained |
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| 323 | + | 6 unclaimed by the person appearing on the records of the |
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| 324 | + | 7 entitled cooperative for more than 2 years, shall not be |
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| 325 | + | 8 subject to, or governed by, any other provisions of this |
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| 326 | + | 9 Act, but rather shall be used by the cooperative for the |
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| 327 | + | 10 benefit of the general membership of the cooperative; and |
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| 328 | + | 11 (15) property not specified in this Section or |
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| 329 | + | 12 Sections 15-202 through 15-208, the earlier of 3 years |
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| 330 | + | 13 after the owner first has a right to demand the property or |
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| 331 | + | 14 the obligation to pay or distribute the property arises. |
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| 332 | + | 15 Notwithstanding anything to the contrary in this Section |
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| 333 | + | 16 15-201, and subject to Section 15-210, a deceased owner cannot |
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| 334 | + | 17 indicate interest in his or her property. If the owner is |
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| 335 | + | 18 deceased and the abandonment period for the owner's property |
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| 336 | + | 19 specified in this Section 15-201 is greater than 2 years, then |
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| 337 | + | 20 the property, other than an amount owed by an insurance |
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| 338 | + | 21 company on a life or endowment insurance policy or an annuity |
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| 339 | + | 22 contract that has matured or terminated, shall instead be |
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| 340 | + | 23 presumed abandoned 2 years from the date of the owner's last |
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| 341 | + | 24 indication of interest in the property. |
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| 342 | + | 25 (Source: P.A. 101-552, eff. 1-1-20; 102-288, eff. 8-6-21.) |
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| 343 | + | |
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| 344 | + | |
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| 345 | + | |
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| 346 | + | |
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| 347 | + | |
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| 348 | + | HB2224 Enrolled - 10 - LRB103 30604 LNS 57044 b |
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| 349 | + | |
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| 350 | + | |
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| 351 | + | HB2224 Enrolled- 11 -LRB103 30604 LNS 57044 b HB2224 Enrolled - 11 - LRB103 30604 LNS 57044 b |
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| 352 | + | HB2224 Enrolled - 11 - LRB103 30604 LNS 57044 b |
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| 353 | + | 1 (765 ILCS 1026/15-202) |
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| 354 | + | 2 Sec. 15-202. When tax-deferred and tax-exempt retirement |
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| 355 | + | 3 accounts presumed abandoned. |
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| 356 | + | 4 (a) Subject to Section 15-210, property held in a pension |
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| 357 | + | 5 account or retirement account that qualifies for tax deferral |
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| 358 | + | 6 or tax exemption under the income-tax laws of the United |
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| 359 | + | 7 States is presumed abandoned if it is unclaimed by the |
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| 360 | + | 8 apparent owner after the later of: |
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| 361 | + | 9 (1) 3 years after the following dates: |
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| 362 | + | 10 (A) except as in subparagraph (B), the date a |
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| 363 | + | 11 communication sent by the holder by first-class United |
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| 364 | + | 12 States mail to the apparent owner is returned to the |
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| 365 | + | 13 holder undelivered by the United States Postal |
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| 366 | + | 14 Service; or |
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| 367 | + | 15 (B) if such communication is re-sent within 30 |
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| 368 | + | 16 days after the date the first communication is |
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| 369 | + | 17 returned undelivered, the date the second |
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| 370 | + | 18 communication was returned undelivered by the United |
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| 371 | + | 19 States Postal Service; or |
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| 372 | + | 20 (2) the earlier of the following dates: |
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| 373 | + | 21 (A) 3 years after the date the apparent owner |
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| 374 | + | 22 becomes 73 72 years of age, if determinable by the |
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| 375 | + | 23 holder; or |
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| 376 | + | 24 (B) one year after the date of mandatory |
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| 377 | + | 25 distribution following death if the Internal Revenue |
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| 378 | + | 26 Code requires distribution to avoid a tax penalty and |
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| 379 | + | |
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| 380 | + | |
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| 381 | + | |
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| 382 | + | |
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| 383 | + | |
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| 384 | + | HB2224 Enrolled - 11 - LRB103 30604 LNS 57044 b |
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| 385 | + | |
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| 386 | + | |
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| 387 | + | HB2224 Enrolled- 12 -LRB103 30604 LNS 57044 b HB2224 Enrolled - 12 - LRB103 30604 LNS 57044 b |
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| 388 | + | HB2224 Enrolled - 12 - LRB103 30604 LNS 57044 b |
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| 389 | + | 1 the holder: |
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| 390 | + | 2 (i) receives confirmation of the death of the |
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| 391 | + | 3 apparent owner in the ordinary course of its |
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| 392 | + | 4 business; or |
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| 393 | + | 5 (ii) confirms the death of the apparent owner |
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| 394 | + | 6 under subsection (b). |
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| 395 | + | 7 (b) If a holder in the ordinary course of its business |
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| 396 | + | 8 receives notice or an indication of the death of an apparent |
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| 397 | + | 9 owner and subsection (a)(2) applies, the holder shall attempt |
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| 398 | + | 10 not later than 90 days after receipt of the notice or |
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| 399 | + | 11 indication to confirm whether the apparent owner is deceased. |
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| 400 | + | 12 (c) If the holder does not send communications to the |
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| 401 | + | 13 apparent owner of an account described in subsection (a) by |
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| 402 | + | 14 first-class United States mail on at least an annual basis, |
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| 403 | + | 15 the holder shall attempt to confirm the apparent owner's |
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| 404 | + | 16 interest in the property by sending the apparent owner an |
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| 405 | + | 17 electronic-mail communication not later than 2 years after the |
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| 406 | + | 18 apparent owner's last indication of interest in the property. |
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| 407 | + | 19 However, the holder promptly shall attempt to contact the |
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| 408 | + | 20 apparent owner by first-class United States mail if: |
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| 409 | + | 21 (1) the holder does not have information needed to |
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| 410 | + | 22 send the apparent owner an electronic mail communication |
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| 411 | + | 23 or the holder believes that the apparent owner's |
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| 412 | + | 24 electronic mail address in the holder's records is not |
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| 413 | + | 25 valid; |
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| 414 | + | 26 (2) the holder receives notification that the |
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| 415 | + | |
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| 416 | + | |
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| 417 | + | |
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| 418 | + | |
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| 419 | + | |
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| 420 | + | HB2224 Enrolled - 12 - LRB103 30604 LNS 57044 b |
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| 421 | + | |
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| 422 | + | |
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| 423 | + | HB2224 Enrolled- 13 -LRB103 30604 LNS 57044 b HB2224 Enrolled - 13 - LRB103 30604 LNS 57044 b |
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| 424 | + | HB2224 Enrolled - 13 - LRB103 30604 LNS 57044 b |
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| 425 | + | 1 electronic-mail communication was not received; or |
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| 426 | + | 2 (3) the apparent owner does not respond to the |
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| 427 | + | 3 electronic-mail communication within 30 days after the |
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| 428 | + | 4 communication was sent. |
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| 429 | + | 5 (d) If first-class United States mail sent under |
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| 430 | + | 6 subsection (c) is returned to the holder undelivered by the |
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| 431 | + | 7 United States Postal Service, the property is presumed |
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| 432 | + | 8 abandoned 3 years after the later of: |
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| 433 | + | 9 (1) except as in paragraph (2), the date a |
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| 434 | + | 10 communication to contact the apparent owner sent by |
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| 435 | + | 11 first-class United States mail is returned to the holder |
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| 436 | + | 12 undelivered; |
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| 437 | + | 13 (2) if such communication is re-sent within 30 days |
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| 438 | + | 14 after the date the first communication is returned |
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| 439 | + | 15 undelivered, the date the second communication was |
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| 440 | + | 16 returned undelivered; or |
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| 441 | + | 17 (3) the date established by subsection (a)(2). |
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| 442 | + | 18 (Source: P.A. 102-288, eff. 8-6-21.) |
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| 443 | + | 19 (765 ILCS 1026/15-210) |
---|
| 444 | + | 20 Sec. 15-210. Indication of apparent owner interest in |
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| 445 | + | 21 property. |
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| 446 | + | 22 (a) The period after which property is presumed abandoned |
---|
| 447 | + | 23 is measured from the later of: |
---|
| 448 | + | 24 (1) the date the property is presumed abandoned under |
---|
| 449 | + | 25 this Article; or |
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| 450 | + | |
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| 451 | + | |
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| 452 | + | |
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| 453 | + | |
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| 454 | + | |
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| 455 | + | HB2224 Enrolled - 13 - LRB103 30604 LNS 57044 b |
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| 456 | + | |
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| 457 | + | |
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| 458 | + | HB2224 Enrolled- 14 -LRB103 30604 LNS 57044 b HB2224 Enrolled - 14 - LRB103 30604 LNS 57044 b |
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| 459 | + | HB2224 Enrolled - 14 - LRB103 30604 LNS 57044 b |
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| 460 | + | 1 (2) the latest indication of interest by the apparent |
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| 461 | + | 2 owner in the property. |
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| 462 | + | 3 (b) Under this Act, an indication of an apparent owner's |
---|
| 463 | + | 4 interest in property includes: |
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| 464 | + | 5 (1) a record communicated by the apparent owner to the |
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| 465 | + | 6 holder or agent of the holder concerning the property or |
---|
| 466 | + | 7 the account in which the property is held; |
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| 467 | + | 8 (2) an oral communication by the apparent owner to the |
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| 468 | + | 9 holder or agent of the holder concerning the property or |
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| 469 | + | 10 the account in which the property is held, if the holder or |
---|
| 470 | + | 11 its agent contemporaneously makes and preserves a record |
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| 471 | + | 12 of the fact of the apparent owner's communication; |
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| 472 | + | 13 (3) presentment of a check or other instrument of |
---|
| 473 | + | 14 payment of a dividend, interest payment, or other |
---|
| 474 | + | 15 distribution, or evidence of receipt of a distribution |
---|
| 475 | + | 16 made by electronic or similar means, with respect to an |
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| 476 | + | 17 account, underlying security, or interest in a business |
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| 477 | + | 18 association; |
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| 478 | + | 19 (4) activity directed by an apparent owner in the |
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| 479 | + | 20 account in which the property is held, including accessing |
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| 480 | + | 21 the account or information concerning the account, or a |
---|
| 481 | + | 22 direction by the apparent owner to increase, decrease, or |
---|
| 482 | + | 23 otherwise change the amount or type of property held in |
---|
| 483 | + | 24 the account; |
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| 484 | + | 25 (5) a deposit into or withdrawal from an account at a |
---|
| 485 | + | 26 financial organization, except for a recurring Automated |
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| 486 | + | |
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| 487 | + | |
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| 488 | + | |
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| 489 | + | |
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| 490 | + | |
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| 491 | + | HB2224 Enrolled - 14 - LRB103 30604 LNS 57044 b |
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| 492 | + | |
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| 493 | + | |
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| 494 | + | HB2224 Enrolled- 15 -LRB103 30604 LNS 57044 b HB2224 Enrolled - 15 - LRB103 30604 LNS 57044 b |
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| 495 | + | HB2224 Enrolled - 15 - LRB103 30604 LNS 57044 b |
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| 496 | + | 1 Clearing House (ACH) debit or credit previously authorized |
---|
| 497 | + | 2 by the apparent owner or an automatic reinvestment of |
---|
| 498 | + | 3 dividends or interest; and |
---|
| 499 | + | 4 (6) subject to subsection (e), payment of a premium on |
---|
| 500 | + | 5 an insurance policy. |
---|
| 501 | + | 6 (c) An action by an agent or other representative of an |
---|
| 502 | + | 7 apparent owner, other than the holder acting as the apparent |
---|
| 503 | + | 8 owner's agent, is presumed to be an action on behalf of the |
---|
| 504 | + | 9 apparent owner. |
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| 505 | + | 10 (d) A communication with an apparent owner by a person |
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| 506 | + | 11 other than the holder or the holder's representative is not an |
---|
| 507 | + | 12 indication of interest in the property by the apparent owner |
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| 508 | + | 13 unless a record of the communication evidences the apparent |
---|
| 509 | + | 14 owner's knowledge of a right to the property. |
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| 510 | + | 15 (e) If the insured dies or the insured or beneficiary of an |
---|
| 511 | + | 16 insurance policy otherwise becomes entitled to the proceeds |
---|
| 512 | + | 17 before depletion of the cash surrender value of the policy by |
---|
| 513 | + | 18 operation of an automatic-premium-loan provision or other |
---|
| 514 | + | 19 nonforfeiture provision contained in the policy, the operation |
---|
| 515 | + | 20 does not prevent the policy from maturing or terminating. |
---|
| 516 | + | 21 (f) If the apparent owner has another property with the |
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| 517 | + | 22 holder to which Section 201(6) applies, then activity directed |
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| 518 | + | 23 by an apparent owner in any other accounts, including loan |
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| 519 | + | 24 accounts, at a financial organization holding an inactive |
---|
| 520 | + | 25 account of the apparent owner shall be an indication of |
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| 521 | + | 26 interest in all such accounts if: |
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| 522 | + | |
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| 523 | + | |
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| 524 | + | |
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| 525 | + | |
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| 526 | + | |
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| 527 | + | HB2224 Enrolled - 15 - LRB103 30604 LNS 57044 b |
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| 528 | + | |
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| 529 | + | |
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| 530 | + | HB2224 Enrolled- 16 -LRB103 30604 LNS 57044 b HB2224 Enrolled - 16 - LRB103 30604 LNS 57044 b |
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| 531 | + | HB2224 Enrolled - 16 - LRB103 30604 LNS 57044 b |
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| 532 | + | 1 (A) the apparent owner engages in one or more of the |
---|
| 533 | + | 2 following activities: |
---|
| 534 | + | 3 (i) the apparent owner undertakes one or more of |
---|
| 535 | + | 4 the actions described in subsection (b) of this |
---|
| 536 | + | 5 Section regarding any of the other accounts the |
---|
| 537 | + | 6 apparent owner has with the financial organization; |
---|
| 538 | + | 7 (ii) the apparent owner increases or decreases the |
---|
| 539 | + | 8 amount of funds in any other account the apparent |
---|
| 540 | + | 9 owner has with the financial organization; or |
---|
| 541 | + | 10 (iii) the apparent owner engages in any other |
---|
| 542 | + | 11 relationship with the financial organization, |
---|
| 543 | + | 12 including payment of any amounts due on a loan; and |
---|
| 544 | + | 13 (B) the foregoing apply so long as the mailing address |
---|
| 545 | + | 14 for the apparent owner in the financial organization's |
---|
| 546 | + | 15 books and records is the same for both the inactive |
---|
| 547 | + | 16 account and the active account. |
---|
| 548 | + | 17 (g) For an amount held on a payroll card, an indication of |
---|
| 549 | + | 18 owner interest includes wages from an employer pursuant to |
---|
| 550 | + | 19 Section 14.5 of the Illinois Wage Payment and Collection Act |
---|
| 551 | + | 20 in the form of a recurring ACH credit previously authorized by |
---|
| 552 | + | 21 the apparent owner; however, an ACH credit is not an |
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| 553 | + | 22 indication of owner interest if the holder assesses fees for |
---|
| 554 | + | 23 account inactivity on the payroll card account. |
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| 555 | + | 24 (Source: P.A. 102-288, eff. 8-6-21; 102-734, eff. 1-1-23.) |
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| 556 | + | 25 (765 ILCS 1026/15-504) |
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| 557 | + | |
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| 558 | + | |
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| 559 | + | |
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| 560 | + | |
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| 561 | + | |
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| 562 | + | HB2224 Enrolled - 16 - LRB103 30604 LNS 57044 b |
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| 563 | + | |
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| 564 | + | |
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| 565 | + | HB2224 Enrolled- 17 -LRB103 30604 LNS 57044 b HB2224 Enrolled - 17 - LRB103 30604 LNS 57044 b |
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| 566 | + | HB2224 Enrolled - 17 - LRB103 30604 LNS 57044 b |
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| 567 | + | 1 Sec. 15-504. Cooperation among State officers and agencies |
---|
| 568 | + | 2 to locate apparent owner. |
---|
| 569 | + | 3 (a) Unless prohibited by law of this State other than this |
---|
| 570 | + | 4 Act, on request of the administrator, each officer, agency, |
---|
| 571 | + | 5 board, commission, division, and department of this State, any |
---|
| 572 | + | 6 body politic and corporate created by this State for a public |
---|
| 573 | + | 7 purpose, and each political subdivision of this State shall |
---|
| 574 | + | 8 make its books and records available to the administrator and |
---|
| 575 | + | 9 cooperate with the administrator to determine the current |
---|
| 576 | + | 10 address of an apparent owner of property held by the |
---|
| 577 | + | 11 administrator under this Act or to otherwise assist the |
---|
| 578 | + | 12 administrator in the administration of this Act. The |
---|
| 579 | + | 13 administrator may also enter into data sharing agreements to |
---|
| 580 | + | 14 enable such other governmental agencies to provide an |
---|
| 581 | + | 15 additional notice to apparent owners of property held by the |
---|
| 582 | + | 16 administrator. |
---|
| 583 | + | 17 (b) If the administrator reasonably believes that the |
---|
| 584 | + | 18 apparent owner of property presumed abandoned held by the |
---|
| 585 | + | 19 administrator under this Act is a unit of local government in |
---|
| 586 | + | 20 this State which files an audit report or annual financial |
---|
| 587 | + | 21 report with the Comptroller, the administrator may give |
---|
| 588 | + | 22 written notice to the person or persons identified in the most |
---|
| 589 | + | 23 recent annual financial report as the contact person, the |
---|
| 590 | + | 24 chief executive officer, and the chief financial officer. |
---|
| 591 | + | 25 (c) If the administrator reasonably believes that the |
---|
| 592 | + | 26 apparent owner of property presumed abandoned held by the |
---|
| 593 | + | |
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| 594 | + | |
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| 595 | + | |
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| 596 | + | |
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| 597 | + | |
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| 598 | + | HB2224 Enrolled - 17 - LRB103 30604 LNS 57044 b |
---|
| 599 | + | |
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| 600 | + | |
---|
| 601 | + | HB2224 Enrolled- 18 -LRB103 30604 LNS 57044 b HB2224 Enrolled - 18 - LRB103 30604 LNS 57044 b |
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| 602 | + | HB2224 Enrolled - 18 - LRB103 30604 LNS 57044 b |
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| 603 | + | 1 administrator under this Act is a State agency as defined in |
---|
| 604 | + | 2 the Illinois State Auditing Act, the administrator may give |
---|
| 605 | + | 3 written notice to the person whom the records of the |
---|
| 606 | + | 4 Comptroller indicate are the chief executive officer and chief |
---|
| 607 | + | 5 fiscal officer of such State agency. |
---|
| 608 | + | 6 (Source: P.A. 100-22, eff. 1-1-18.) |
---|
| 609 | + | 7 (765 ILCS 1026/15-804) |
---|
| 610 | + | 8 Sec. 15-804. Administrator holds property as custodian for |
---|
| 611 | + | 9 owner. Upon the payment or delivery of abandoned property to |
---|
| 612 | + | 10 the administrator, the State shall assume custody and shall be |
---|
| 613 | + | 11 responsible for the safekeeping thereof in perpetuity unless |
---|
| 614 | + | 12 otherwise claimed for the benefit of the owner or the owner's |
---|
| 615 | + | 13 successors in interest. |
---|
| 616 | + | 14 (Source: P.A. 100-22, eff. 1-1-18.) |
---|
| 617 | + | 15 (765 ILCS 1026/15-805 new) |
---|
| 618 | + | 16 Sec. 15-805. Escheat of certain abandoned local government |
---|
| 619 | + | 17 moneys. Property presumed abandoned where the administrator |
---|
| 620 | + | 18 reasonably believes the owner is a unit of local government in |
---|
| 621 | + | 19 this State shall escheat to the State and shall be deposited |
---|
| 622 | + | 20 into the General Revenue Fund if all of the following apply: |
---|
| 623 | + | 21 (1) the administrator has provided written notice to |
---|
| 624 | + | 22 the unit of local government pursuant to subsection (b) of |
---|
| 625 | + | 23 Section 15-504 at least 3 times in at least 3 different |
---|
| 626 | + | 24 calendar years; |
---|
| 627 | + | |
---|
| 628 | + | |
---|
| 629 | + | |
---|
| 630 | + | |
---|
| 631 | + | |
---|
| 632 | + | HB2224 Enrolled - 18 - LRB103 30604 LNS 57044 b |
---|
| 633 | + | |
---|
| 634 | + | |
---|
| 635 | + | HB2224 Enrolled- 19 -LRB103 30604 LNS 57044 b HB2224 Enrolled - 19 - LRB103 30604 LNS 57044 b |
---|
| 636 | + | HB2224 Enrolled - 19 - LRB103 30604 LNS 57044 b |
---|
| 637 | + | 1 (2) it has been more than 5 years since the |
---|
| 638 | + | 2 administrator first provided written notice to the unit of |
---|
| 639 | + | 3 local government pursuant to subsection (b) of Section |
---|
| 640 | + | 4 15-504; |
---|
| 641 | + | 5 (3) the administrator has published a notice on the |
---|
| 642 | + | 6 administrator's website for at least one year of the value |
---|
| 643 | + | 7 of the property, the name of the unit of local government, |
---|
| 644 | + | 8 and that such presumed abandoned property is subject to |
---|
| 645 | + | 9 escheat; and |
---|
| 646 | + | 10 (4) the unit of local government has not initiated a |
---|
| 647 | + | 11 claim or otherwise expressed an indication of interest in |
---|
| 648 | + | 12 the property. |
---|
| 649 | + | 13 (765 ILCS 1026/15-806 new) |
---|
| 650 | + | 14 Sec. 15-806. Escheat of certain abandoned State agency |
---|
| 651 | + | 15 moneys. Property presumed abandoned where the administrator |
---|
| 652 | + | 16 reasonably believes the owner is a State agency as defined in |
---|
| 653 | + | 17 the Illinois State Auditing Act, shall escheat to the State |
---|
| 654 | + | 18 and shall be deposited into the General Revenue Fund if all of |
---|
| 655 | + | 19 the following apply: |
---|
| 656 | + | 20 (1) the administrator has provided written notice to |
---|
| 657 | + | 21 the State agency pursuant to subsection (c) of Section |
---|
| 658 | + | 22 15-504 at least 3 times in at least 3 different calendar |
---|
| 659 | + | 23 years; |
---|
| 660 | + | 24 (2) it has been more than 3 years since the |
---|
| 661 | + | 25 administrator first provided written notice to the State |
---|
| 662 | + | |
---|
| 663 | + | |
---|
| 664 | + | |
---|
| 665 | + | |
---|
| 666 | + | |
---|
| 667 | + | HB2224 Enrolled - 19 - LRB103 30604 LNS 57044 b |
---|
| 668 | + | |
---|
| 669 | + | |
---|
| 670 | + | HB2224 Enrolled- 20 -LRB103 30604 LNS 57044 b HB2224 Enrolled - 20 - LRB103 30604 LNS 57044 b |
---|
| 671 | + | HB2224 Enrolled - 20 - LRB103 30604 LNS 57044 b |
---|
| 672 | + | 1 agency pursuant to subsection (c) of Section 15-504; and |
---|
| 673 | + | 2 (3) the State agency has not initiated a claim or |
---|
| 674 | + | 3 otherwise expressed an indication of interest in the |
---|
| 675 | + | 4 property. |
---|
| 676 | + | 5 Section 99. Effective date. This Act takes effect upon |
---|
| 677 | + | 6 becoming law. |
---|
| 678 | + | HB2224 Enrolled- 21 -LRB103 30604 LNS 57044 b 1 INDEX 2 Statutes amended in order of appearance HB2224 Enrolled- 21 -LRB103 30604 LNS 57044 b HB2224 Enrolled - 21 - LRB103 30604 LNS 57044 b 1 INDEX 2 Statutes amended in order of appearance |
---|
| 679 | + | HB2224 Enrolled- 21 -LRB103 30604 LNS 57044 b HB2224 Enrolled - 21 - LRB103 30604 LNS 57044 b |
---|
| 680 | + | HB2224 Enrolled - 21 - LRB103 30604 LNS 57044 b |
---|
| 681 | + | 1 INDEX |
---|
| 682 | + | 2 Statutes amended in order of appearance |
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| 683 | + | |
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| 684 | + | |
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| 685 | + | |
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| 686 | + | |
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| 687 | + | |
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| 688 | + | HB2224 Enrolled - 20 - LRB103 30604 LNS 57044 b |
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| 689 | + | |
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| 690 | + | |
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| 691 | + | |
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| 692 | + | HB2224 Enrolled- 21 -LRB103 30604 LNS 57044 b HB2224 Enrolled - 21 - LRB103 30604 LNS 57044 b |
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| 693 | + | HB2224 Enrolled - 21 - LRB103 30604 LNS 57044 b |
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| 694 | + | 1 INDEX |
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| 695 | + | 2 Statutes amended in order of appearance |
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| 696 | + | |
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| 697 | + | |
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| 698 | + | |
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| 699 | + | |
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| 700 | + | |
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| 701 | + | HB2224 Enrolled - 21 - LRB103 30604 LNS 57044 b |
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