Bill Status of HB 1636   103rd General Assembly


Short Description:  BANKING&PROBATE-FINANCE/NOTICE

House Sponsors
Rep. Mark L. Walker

Senate Sponsors
(Sen. Meg Loughran Cappel)


Last Action  View All Actions

DateChamber Action
  3/27/2023SenateReferred to Assignments

Statutes Amended In Order of Appearance
205 ILCS 5/48.1from Ch. 17, par. 360
205 ILCS 205/4013from Ch. 17, par. 7304-13
205 ILCS 305/10from Ch. 17, par. 4411
205 ILCS 625/4from Ch. 17, par. 2134
205 ILCS 705/10
755 ILCS 5/6-15from Ch. 110 1/2, par. 6-15

Synopsis As Introduced
Amends the Illinois Banking Act. In provisions concerning customer financial records and confidentiality, provides that the language does not prohibit the furnishing of financial information to the executor, executrix, administrator, or other lawful representative of the estate of a customer. Amends the Savings Bank Act. Provides that the provisions do not prohibit the furnishing of financial information to the executor, executrix, administrator, or other lawful representative of the estate of a customer. Amends the Illinois Credit Union Act. Provides that the provisions do not prohibit the furnishing of financial information to the executor, executrix, administrator, or other lawful representative of the estate of a member. Amends the Illinois Trust and Payable on Death Accounts Act. Provides that any holder of an account may elect a per stirpes distribution option to the descendants of a natural person beneficiary if the beneficiary predeceases the last surviving holder of the account. Makes other changes. Amends the Financial Institutions Electronic Documents and Digital Signature Act. In provisions concerning electronic notices, provides that consent to electronic transactions given by the customer pursuant to the federal Electronic Signatures in Global and National Commerce Act shall satisfy applicable consent requirements. Amends the Probate Act of 1975. Provides that any person doing business or performing transactions on behalf of or at the direction of an executor or administrator with a will annexed shall be entitled to the presumption that the executor or administrator with the will annexed is lawfully authorized to conduct the business or perform the transaction without such person investigating the source of the authority and without verifying that the actions of the executor or administrator with the will annexed comply with a will or any order of the probate court, unless such person has actual knowledge to the contrary.

House Floor Amendment No. 1
Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. In provisions concerning executors administering the estate of a decedent, provides that any person, corporation, or financial institution that conducts business or performs transactions on behalf of or at the direction of an executor or administrator with the will annexed shall be fully protected and released from liability to the same extent that the executor or administrator with the will annexed would be if the executor or administrator with the will annexed was lawfully authorized to conduct the business or perform the transaction, unless the person, corporation, or financial institution had actual knowledge that the executor or administer was not acting upon lawful authority.

Actions 
DateChamber Action
  2/1/2023HouseFiled with the Clerk by Rep. Mark L. Walker
  2/1/2023HouseFirst Reading
  2/1/2023HouseReferred to Rules Committee
  2/15/2023HouseAssigned to Financial Institutions and Licensing Committee
  3/7/2023HouseDo Pass / Short Debate Financial Institutions and Licensing Committee; 012-000-000
  3/8/2023HousePlaced on Calendar 2nd Reading - Short Debate
  3/14/2023HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Mark L. Walker
  3/14/2023HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/15/2023HouseHouse Floor Amendment No. 1 Rules Refers to Financial Institutions and Licensing Committee
  3/21/2023HouseHouse Floor Amendment No. 1 Recommends Be Adopted Financial Institutions and Licensing Committee; 012-000-000
  3/22/2023HouseHouse Floor Amendment No. 1 Adopted
  3/22/2023HouseSecond Reading - Short Debate
  3/22/2023HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/23/2023HouseThird Reading - Short Debate - Passed 109-000-000
  3/24/2023SenateArrive in Senate
  3/24/2023SenatePlaced on Calendar Order of First Reading March 28, 2023
  3/27/2023SenateChief Senate Sponsor Sen. Meg Loughran Cappel
  3/27/2023SenateFirst Reading
  3/27/2023SenateReferred to Assignments

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