Illinois General Assembly - Full Text of HB4689
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Full Text of HB4689  102nd General Assembly

HB4689ham001 102ND GENERAL ASSEMBLY

Rep. Mark L. Walker

Filed: 2/23/2022

 

 


 

 


 
10200HB4689ham001LRB102 24081 BMS 36609 a

1
AMENDMENT TO HOUSE BILL 4689

2    AMENDMENT NO. ______. Amend House Bill 4689 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Banking Act is amended by
5changing Section 48.1 as follows:
 
6    (205 ILCS 5/48.1)  (from Ch. 17, par. 360)
7    Sec. 48.1. Customer financial records; confidentiality.
8    (a) For the purpose of this Section, the term "financial
9records" means any original, any copy, or any summary of:
10        (1) a document granting signature authority over a
11    deposit or account;
12        (2) a statement, ledger card or other record on any
13    deposit or account, which shows each transaction in or
14    with respect to that account;
15        (3) a check, draft or money order drawn on a bank or
16    issued and payable by a bank; or

 

 

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1        (4) any other item containing information pertaining
2    to any relationship established in the ordinary course of
3    a bank's business between a bank and its customer,
4    including financial statements or other financial
5    information provided by the customer.
6    (b) This Section does not prohibit:
7        (1) The preparation, examination, handling or
8    maintenance of any financial records by any officer,
9    employee or agent of a bank having custody of the records,
10    or the examination of the records by a certified public
11    accountant engaged by the bank to perform an independent
12    audit.
13        (2) The examination of any financial records by, or
14    the furnishing of financial records by a bank to, any
15    officer, employee or agent of (i) the Commissioner of
16    Banks and Real Estate, (ii) after May 31, 1997, a state
17    regulatory authority authorized to examine a branch of a
18    State bank located in another state, (iii) the Comptroller
19    of the Currency, (iv) the Federal Reserve Board, or (v)
20    the Federal Deposit Insurance Corporation for use solely
21    in the exercise of his duties as an officer, employee, or
22    agent.
23        (3) The publication of data furnished from financial
24    records relating to customers where the data cannot be
25    identified to any particular customer or account.
26        (4) The making of reports or returns required under

 

 

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1    Chapter 61 of the Internal Revenue Code of 1986.
2        (5) Furnishing information concerning the dishonor of
3    any negotiable instrument permitted to be disclosed under
4    the Uniform Commercial Code.
5        (6) The exchange in the regular course of business of
6    (i) credit information between a bank and other banks or
7    financial institutions or commercial enterprises, directly
8    or through a consumer reporting agency or (ii) financial
9    records or information derived from financial records
10    between a bank and other banks or financial institutions
11    or commercial enterprises for the purpose of conducting
12    due diligence pursuant to a purchase or sale involving the
13    bank or assets or liabilities of the bank.
14        (7) The furnishing of information to the appropriate
15    law enforcement authorities where the bank reasonably
16    believes it has been the victim of a crime.
17        (8) The furnishing of information under the Revised
18    Uniform Unclaimed Property Act.
19        (9) The furnishing of information under the Illinois
20    Income Tax Act and the Illinois Estate and
21    Generation-Skipping Transfer Tax Act.
22        (10) The furnishing of information under the federal
23    Currency and Foreign Transactions Reporting Act Title 31,
24    United States Code, Section 1051 et seq.
25        (11) The furnishing of information under any other
26    statute that by its terms or by regulations promulgated

 

 

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1    thereunder requires the disclosure of financial records
2    other than by subpoena, summons, warrant, or court order.
3        (12) The furnishing of information about the existence
4    of an account of a person to a judgment creditor of that
5    person who has made a written request for that
6    information.
7        (13) The exchange in the regular course of business of
8    information between commonly owned banks in connection
9    with a transaction authorized under paragraph (23) of
10    Section 5 and conducted at an affiliate facility.
11        (14) The furnishing of information in accordance with
12    the federal Personal Responsibility and Work Opportunity
13    Reconciliation Act of 1996. Any bank governed by this Act
14    shall enter into an agreement for data exchanges with a
15    State agency provided the State agency pays to the bank a
16    reasonable fee not to exceed its actual cost incurred. A
17    bank providing information in accordance with this item
18    shall not be liable to any account holder or other person
19    for any disclosure of information to a State agency, for
20    encumbering or surrendering any assets held by the bank in
21    response to a lien or order to withhold and deliver issued
22    by a State agency, or for any other action taken pursuant
23    to this item, including individual or mechanical errors,
24    provided the action does not constitute gross negligence
25    or willful misconduct. A bank shall have no obligation to
26    hold, encumber, or surrender assets until it has been

 

 

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1    served with a subpoena, summons, warrant, court or
2    administrative order, lien, or levy.
3        (15) The exchange in the regular course of business of
4    information between a bank and any commonly owned
5    affiliate of the bank, subject to the provisions of the
6    Financial Institutions Insurance Sales Law.
7        (16) The furnishing of information to law enforcement
8    authorities, the Illinois Department on Aging and its
9    regional administrative and provider agencies, the
10    Department of Human Services Office of Inspector General,
11    or public guardians: (i) upon subpoena by the
12    investigatory entity or the guardian, or (ii) if there is
13    suspicion by the bank that a customer who is an elderly
14    person or person with a disability has been or may become
15    the victim of financial exploitation. For the purposes of
16    this item (16), the term: (i) "elderly person" means a
17    person who is 60 or more years of age, (ii) "disabled
18    person" means a person who has or reasonably appears to
19    the bank to have a physical or mental disability that
20    impairs his or her ability to seek or obtain protection
21    from or prevent financial exploitation, and (iii)
22    "financial exploitation" means tortious or illegal use of
23    the assets or resources of an elderly or disabled person,
24    and includes, without limitation, misappropriation of the
25    elderly or disabled person's assets or resources by undue
26    influence, breach of fiduciary relationship, intimidation,

 

 

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1    fraud, deception, extortion, or the use of assets or
2    resources in any manner contrary to law. A bank or person
3    furnishing information pursuant to this item (16) shall be
4    entitled to the same rights and protections as a person
5    furnishing information under the Adult Protective Services
6    Act and the Illinois Domestic Violence Act of 1986.
7        (17) The disclosure of financial records or
8    information as necessary to effect, administer, or enforce
9    a transaction requested or authorized by the customer, or
10    in connection with:
11            (A) servicing or processing a financial product or
12        service requested or authorized by the customer;
13            (B) maintaining or servicing a customer's account
14        with the bank; or
15            (C) a proposed or actual securitization or
16        secondary market sale (including sales of servicing
17        rights) related to a transaction of a customer.
18        Nothing in this item (17), however, authorizes the
19    sale of the financial records or information of a customer
20    without the consent of the customer.
21        (18) The disclosure of financial records or
22    information as necessary to protect against actual or
23    potential fraud, unauthorized transactions, claims, or
24    other liability.
25        (19)(A) The disclosure of financial records or
26    information related to a private label credit program

 

 

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1    between a financial institution and a private label party
2    in connection with that private label credit program. Such
3    information is limited to outstanding balance, available
4    credit, payment and performance and account history,
5    product references, purchase information, and information
6    related to the identity of the customer.
7        (B)(1) For purposes of this paragraph (19) of
8    subsection (b) of Section 48.1, a "private label credit
9    program" means a credit program involving a financial
10    institution and a private label party that is used by a
11    customer of the financial institution and the private
12    label party primarily for payment for goods or services
13    sold, manufactured, or distributed by a private label
14    party.
15        (2) For purposes of this paragraph (19) of subsection
16    (b) of Section 48.1, a "private label party" means, with
17    respect to a private label credit program, any of the
18    following: a retailer, a merchant, a manufacturer, a trade
19    group, or any such person's affiliate, subsidiary, member,
20    agent, or service provider.
21        (20)(A) The furnishing of financial records of a
22    customer to the Department to aid the Department's initial
23    determination or subsequent re-determination of the
24    customer's eligibility for Medicaid and Medicaid long-term
25    care benefits for long-term care services, provided that
26    the bank receives the written consent and authorization of

 

 

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1    the customer, which shall:
2            (1) have the customer's signature notarized;
3            (2) be signed by at least one witness who
4        certifies that he or she believes the customer to be of
5        sound mind and memory;
6            (3) be tendered to the bank at the earliest
7        practicable time following its execution,
8        certification, and notarization;
9            (4) specifically limit the disclosure of the
10        customer's financial records to the Department; and
11            (5) be in substantially the following form:
 
12
CUSTOMER CONSENT AND AUTHORIZATION
13
FOR RELEASE OF FINANCIAL RECORDS

 
14I, ......................................., hereby authorize 
15       (Name of Customer) 
 
16............................................................. 
17(Name of Financial Institution)
 
18............................................................. 
19(Address of Financial Institution)
 
20to disclose the following financial records:
 

 

 

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1any and all information concerning my deposit, savings, money
2market, certificate of deposit, individual retirement,
3retirement plan, 401(k) plan, incentive plan, employee benefit
4plan, mutual fund and loan accounts (including, but not
5limited to, any indebtedness or obligation for which I am a
6co-borrower, co-obligor, guarantor, or surety), and any and
7all other accounts in which I have an interest and any other
8information regarding me in the possession of the Financial
9Institution,
 
10to the Illinois Department of Human Services or the Illinois
11Department of Healthcare and Family Services, or both ("the
12Department"), for the following purpose(s):
 
13to aid in the initial determination or re-determination by the
14State of Illinois of my eligibility for Medicaid long-term
15care benefits, pursuant to applicable law.
 
16I understand that this Consent and Authorization may be
17revoked by me in writing at any time before my financial
18records, as described above, are disclosed, and that this
19Consent and Authorization is valid until the Financial
20Institution receives my written revocation. This Consent and
21Authorization shall constitute valid authorization for the
22Department identified above to inspect all such financial
23records set forth above, and to request and receive copies of

 

 

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1such financial records from the Financial Institution (subject
2to such records search and reproduction reimbursement policies
3as the Financial Institution may have in place). An executed
4copy of this Consent and Authorization shall be sufficient and
5as good as the original and permission is hereby granted to
6honor a photostatic or electronic copy of this Consent and
7Authorization. Disclosure is strictly limited to the
8Department identified above and no other person or entity
9shall receive my financial records pursuant to this Consent
10and Authorization. By signing this form, I agree to indemnify
11and hold the Financial Institution harmless from any and all
12claims, demands, and losses, including reasonable attorneys
13fees and expenses, arising from or incurred in its reliance on
14this Consent and Authorization. As used herein, "Customer"
15shall mean "Member" if the Financial Institution is a credit
16union.
 
17....................... ...................... 
18(Date)                  (Signature of Customer)             
 
19                         ...................... 
20                         ...................... 
21                         (Address of Customer) 
 
22                         ...................... 
23                         (Customer's birth date) 

 

 

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1                         (month/day/year) 
 
2The undersigned witness certifies that .................,
3known to me to be the same person whose name is subscribed as
4the customer to the foregoing Consent and Authorization,
5appeared before me and the notary public and acknowledged
6signing and delivering the instrument as his or her free and
7voluntary act for the uses and purposes therein set forth. I
8believe him or her to be of sound mind and memory. The
9undersigned witness also certifies that the witness is not an
10owner, operator, or relative of an owner or operator of a
11long-term care facility in which the customer is a patient or
12resident.
 
13Dated: ................. ...................... 
14                         (Signature of Witness) 
 
15                         ...................... 
16                         (Print Name of Witness) 
 
17                         ...................... 
18                         ...................... 
19                         (Address of Witness) 
 
20State of Illinois)
21                 ) ss.

 

 

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1County of .......)
 
2The undersigned, a notary public in and for the above county
3and state, certifies that .........., known to me to be the
4same person whose name is subscribed as the customer to the
5foregoing Consent and Authorization, appeared before me
6together with the witness, .........., in person and
7acknowledged signing and delivering the instrument as the free
8and voluntary act of the customer for the uses and purposes
9therein set forth.
 
10Dated:.......................................................
11Notary Public:...............................................
12My commission expires:.......................................
 
13        (B) In no event shall the bank distribute the
14    customer's financial records to the long-term care
15    facility from which the customer seeks initial or
16    continuing residency or long-term care services.
17        (C) A bank providing financial records of a customer
18    in good faith relying on a consent and authorization
19    executed and tendered in accordance with this paragraph
20    (20) shall not be liable to the customer or any other
21    person in relation to the bank's disclosure of the
22    customer's financial records to the Department. The
23    customer signing the consent and authorization shall

 

 

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1    indemnify and hold the bank harmless that relies in good
2    faith upon the consent and authorization and incurs a loss
3    because of such reliance. The bank recovering under this
4    indemnification provision shall also be entitled to
5    reasonable attorney's fees and the expenses of recovery.
6        (D) A bank shall be reimbursed by the customer for all
7    costs reasonably necessary and directly incurred in
8    searching for, reproducing, and disclosing a customer's
9    financial records required or requested to be produced
10    pursuant to any consent and authorization executed under
11    this paragraph (20). The requested financial records shall
12    be delivered to the Department within 10 days after
13    receiving a properly executed consent and authorization or
14    at the earliest practicable time thereafter if the
15    requested records cannot be delivered within 10 days, but
16    delivery may be delayed until the final reimbursement of
17    all costs is received by the bank. The bank may honor a
18    photostatic or electronic copy of a properly executed
19    consent and authorization.
20        (E) Nothing in this paragraph (20) shall impair,
21    abridge, or abrogate the right of a customer to:
22            (1) directly disclose his or her financial records
23        to the Department or any other person; or
24            (2) authorize his or her attorney or duly
25        appointed agent to request and obtain the customer's
26        financial records and disclose those financial records

 

 

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1        to the Department.
2        (F) For purposes of this paragraph (20), "Department"
3    means the Department of Human Services and the Department
4    of Healthcare and Family Services or any successor
5    administrative agency of either agency.
6        (21) The furnishing of financial information to the
7    executor, executrix, administrator, or other lawful
8    representative of the estate of a customer.
9    (c) Except as otherwise provided by this Act, a bank may
10not disclose to any person, except to the customer or his duly
11authorized agent, any financial records or financial
12information obtained from financial records relating to that
13customer of that bank unless:
14        (1) the customer has authorized disclosure to the
15    person;
16        (2) the financial records are disclosed in response to
17    a lawful subpoena, summons, warrant, citation to discover
18    assets, or court order which meets the requirements of
19    subsection (d) of this Section; or
20        (3) the bank is attempting to collect an obligation
21    owed to the bank and the bank complies with the provisions
22    of Section 2I of the Consumer Fraud and Deceptive Business
23    Practices Act.
24    (d) A bank shall disclose financial records under
25paragraph (2) of subsection (c) of this Section under a lawful
26subpoena, summons, warrant, citation to discover assets, or

 

 

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1court order only after the bank mails a copy of the subpoena,
2summons, warrant, citation to discover assets, or court order
3to the person establishing the relationship with the bank, if
4living, and, otherwise his personal representative, if known,
5at his last known address by first class mail, postage
6prepaid, unless the bank is specifically prohibited from
7notifying the person by order of court or by applicable State
8or federal law. A bank shall not mail a copy of a subpoena to
9any person pursuant to this subsection if the subpoena was
10issued by a grand jury under the Statewide Grand Jury Act.
11    (e) Any officer or employee of a bank who knowingly and
12willfully furnishes financial records in violation of this
13Section is guilty of a business offense and, upon conviction,
14shall be fined not more than $1,000.
15    (f) Any person who knowingly and willfully induces or
16attempts to induce any officer or employee of a bank to
17disclose financial records in violation of this Section is
18guilty of a business offense and, upon conviction, shall be
19fined not more than $1,000.
20    (g) A bank shall be reimbursed for costs that are
21reasonably necessary and that have been directly incurred in
22searching for, reproducing, or transporting books, papers,
23records, or other data required or requested to be produced
24pursuant to a lawful subpoena, summons, warrant, citation to
25discover assets, or court order. The Commissioner shall
26determine the rates and conditions under which payment may be

 

 

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1made.
2(Source: P.A. 100-22, eff. 1-1-18; 100-664, eff. 1-1-19;
3100-888, eff. 8-14-18; 101-81, eff. 7-12-19.)
 
4    Section 10. The Savings Bank Act is amended by changing
5Section 4013 as follows:
 
6    (205 ILCS 205/4013)  (from Ch. 17, par. 7304-13)
7    Sec. 4013. Access to books and records; communication with
8members and shareholders.
9    (a) Every member or shareholder shall have the right to
10inspect books and records of the savings bank that pertain to
11his accounts. Otherwise, the right of inspection and
12examination of the books and records shall be limited as
13provided in this Act, and no other person shall have access to
14the books and records nor shall be entitled to a list of the
15members or shareholders.
16    (b) For the purpose of this Section, the term "financial
17records" means any original, any copy, or any summary of (1) a
18document granting signature authority over a deposit or
19account; (2) a statement, ledger card, or other record on any
20deposit or account that shows each transaction in or with
21respect to that account; (3) a check, draft, or money order
22drawn on a savings bank or issued and payable by a savings
23bank; or (4) any other item containing information pertaining
24to any relationship established in the ordinary course of a

 

 

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1savings bank's business between a savings bank and its
2customer, including financial statements or other financial
3information provided by the member or shareholder.
4    (c) This Section does not prohibit:
5        (1) The preparation, examination, handling, or
6    maintenance of any financial records by any officer,
7    employee, or agent of a savings bank having custody of
8    records or examination of records by a certified public
9    accountant engaged by the savings bank to perform an
10    independent audit.
11        (2) The examination of any financial records by, or
12    the furnishing of financial records by a savings bank to,
13    any officer, employee, or agent of the Commissioner of
14    Banks and Real Estate or the federal depository
15    institution regulator for use solely in the exercise of
16    his duties as an officer, employee, or agent.
17        (3) The publication of data furnished from financial
18    records relating to members or holders of capital where
19    the data cannot be identified to any particular member,
20    shareholder, or account.
21        (4) The making of reports or returns required under
22    Chapter 61 of the Internal Revenue Code of 1986.
23        (5) Furnishing information concerning the dishonor of
24    any negotiable instrument permitted to be disclosed under
25    the Uniform Commercial Code.
26        (6) The exchange in the regular course of business of

 

 

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1    (i) credit information between a savings bank and other
2    savings banks or financial institutions or commercial
3    enterprises, directly or through a consumer reporting
4    agency or (ii) financial records or information derived
5    from financial records between a savings bank and other
6    savings banks or financial institutions or commercial
7    enterprises for the purpose of conducting due diligence
8    pursuant to a purchase or sale involving the savings bank
9    or assets or liabilities of the savings bank.
10        (7) The furnishing of information to the appropriate
11    law enforcement authorities where the savings bank
12    reasonably believes it has been the victim of a crime.
13        (8) The furnishing of information pursuant to the
14    Revised Uniform Unclaimed Property Act.
15        (9) The furnishing of information pursuant to the
16    Illinois Income Tax Act and the Illinois Estate and
17    Generation-Skipping Transfer Tax Act.
18        (10) The furnishing of information pursuant to the
19    federal Currency and Foreign Transactions Reporting Act,
20    (Title 31, United States Code, Section 1051 et seq.).
21        (11) The furnishing of information pursuant to any
22    other statute which by its terms or by regulations
23    promulgated thereunder requires the disclosure of
24    financial records other than by subpoena, summons,
25    warrant, or court order.
26        (12) The furnishing of information in accordance with

 

 

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1    the federal Personal Responsibility and Work Opportunity
2    Reconciliation Act of 1996. Any savings bank governed by
3    this Act shall enter into an agreement for data exchanges
4    with a State agency provided the State agency pays to the
5    savings bank a reasonable fee not to exceed its actual
6    cost incurred. A savings bank providing information in
7    accordance with this item shall not be liable to any
8    account holder or other person for any disclosure of
9    information to a State agency, for encumbering or
10    surrendering any assets held by the savings bank in
11    response to a lien or order to withhold and deliver issued
12    by a State agency, or for any other action taken pursuant
13    to this item, including individual or mechanical errors,
14    provided the action does not constitute gross negligence
15    or willful misconduct. A savings bank shall have no
16    obligation to hold, encumber, or surrender assets until it
17    has been served with a subpoena, summons, warrant, court
18    or administrative order, lien, or levy.
19        (13) The furnishing of information to law enforcement
20    authorities, the Illinois Department on Aging and its
21    regional administrative and provider agencies, the
22    Department of Human Services Office of Inspector General,
23    or public guardians: (i) upon subpoena by the
24    investigatory entity or the guardian, or (ii) if there is
25    suspicion by the savings bank that a customer who is an
26    elderly person or person with a disability has been or may

 

 

10200HB4689ham001- 20 -LRB102 24081 BMS 36609 a

1    become the victim of financial exploitation. For the
2    purposes of this item (13), the term: (i) "elderly person"
3    means a person who is 60 or more years of age, (ii) "person
4    with a disability" means a person who has or reasonably
5    appears to the savings bank to have a physical or mental
6    disability that impairs his or her ability to seek or
7    obtain protection from or prevent financial exploitation,
8    and (iii) "financial exploitation" means tortious or
9    illegal use of the assets or resources of an elderly
10    person or person with a disability, and includes, without
11    limitation, misappropriation of the assets or resources of
12    the elderly person or person with a disability by undue
13    influence, breach of fiduciary relationship, intimidation,
14    fraud, deception, extortion, or the use of assets or
15    resources in any manner contrary to law. A savings bank or
16    person furnishing information pursuant to this item (13)
17    shall be entitled to the same rights and protections as a
18    person furnishing information under the Adult Protective
19    Services Act and the Illinois Domestic Violence Act of
20    1986.
21        (14) The disclosure of financial records or
22    information as necessary to effect, administer, or enforce
23    a transaction requested or authorized by the member or
24    holder of capital, or in connection with:
25            (A) servicing or processing a financial product or
26        service requested or authorized by the member or

 

 

10200HB4689ham001- 21 -LRB102 24081 BMS 36609 a

1        holder of capital;
2            (B) maintaining or servicing an account of a
3        member or holder of capital with the savings bank; or
4            (C) a proposed or actual securitization or
5        secondary market sale (including sales of servicing
6        rights) related to a transaction of a member or holder
7        of capital.
8        Nothing in this item (14), however, authorizes the
9    sale of the financial records or information of a member
10    or holder of capital without the consent of the member or
11    holder of capital.
12        (15) The exchange in the regular course of business of
13    information between a savings bank and any commonly owned
14    affiliate of the savings bank, subject to the provisions
15    of the Financial Institutions Insurance Sales Law.
16        (16) The disclosure of financial records or
17    information as necessary to protect against or prevent
18    actual or potential fraud, unauthorized transactions,
19    claims, or other liability.
20        (17)(a) The disclosure of financial records or
21    information related to a private label credit program
22    between a financial institution and a private label party
23    in connection with that private label credit program. Such
24    information is limited to outstanding balance, available
25    credit, payment and performance and account history,
26    product references, purchase information, and information

 

 

10200HB4689ham001- 22 -LRB102 24081 BMS 36609 a

1    related to the identity of the customer.
2        (b)(1) For purposes of this paragraph (17) of
3    subsection (c) of Section 4013, a "private label credit
4    program" means a credit program involving a financial
5    institution and a private label party that is used by a
6    customer of the financial institution and the private
7    label party primarily for payment for goods or services
8    sold, manufactured, or distributed by a private label
9    party.
10        (2) For purposes of this paragraph (17) of subsection
11    (c) of Section 4013, a "private label party" means, with
12    respect to a private label credit program, any of the
13    following: a retailer, a merchant, a manufacturer, a trade
14    group, or any such person's affiliate, subsidiary, member,
15    agent, or service provider.
16        (18)(a) The furnishing of financial records of a
17    customer to the Department to aid the Department's initial
18    determination or subsequent re-determination of the
19    customer's eligibility for Medicaid and Medicaid long-term
20    care benefits for long-term care services, provided that
21    the savings bank receives the written consent and
22    authorization of the customer, which shall:
23            (1) have the customer's signature notarized;
24            (2) be signed by at least one witness who
25        certifies that he or she believes the customer to be of
26        sound mind and memory;

 

 

10200HB4689ham001- 23 -LRB102 24081 BMS 36609 a

1            (3) be tendered to the savings bank at the
2        earliest practicable time following its execution,
3        certification, and notarization;
4            (4) specifically limit the disclosure of the
5        customer's financial records to the Department; and
6            (5) be in substantially the following form:
 
7
CUSTOMER CONSENT AND AUTHORIZATION
8
FOR RELEASE OF FINANCIAL RECORDS

 
9I, ......................................., hereby authorize 
10       (Name of Customer) 
 
11............................................................. 
12(Name of Financial Institution)
 
13............................................................. 
14(Address of Financial Institution)
 
15to disclose the following financial records:
 
16any and all information concerning my deposit, savings, money
17market, certificate of deposit, individual retirement,
18retirement plan, 401(k) plan, incentive plan, employee benefit
19plan, mutual fund and loan accounts (including, but not
20limited to, any indebtedness or obligation for which I am a

 

 

10200HB4689ham001- 24 -LRB102 24081 BMS 36609 a

1co-borrower, co-obligor, guarantor, or surety), and any and
2all other accounts in which I have an interest and any other
3information regarding me in the possession of the Financial
4Institution,
 
5to the Illinois Department of Human Services or the Illinois
6Department of Healthcare and Family Services, or both ("the
7Department"), for the following purpose(s):
 
8to aid in the initial determination or re-determination by the
9State of Illinois of my eligibility for Medicaid long-term
10care benefits, pursuant to applicable law.
 
11I understand that this Consent and Authorization may be
12revoked by me in writing at any time before my financial
13records, as described above, are disclosed, and that this
14Consent and Authorization is valid until the Financial
15Institution receives my written revocation. This Consent and
16Authorization shall constitute valid authorization for the
17Department identified above to inspect all such financial
18records set forth above, and to request and receive copies of
19such financial records from the Financial Institution (subject
20to such records search and reproduction reimbursement policies
21as the Financial Institution may have in place). An executed
22copy of this Consent and Authorization shall be sufficient and
23as good as the original and permission is hereby granted to

 

 

10200HB4689ham001- 25 -LRB102 24081 BMS 36609 a

1honor a photostatic or electronic copy of this Consent and
2Authorization. Disclosure is strictly limited to the
3Department identified above and no other person or entity
4shall receive my financial records pursuant to this Consent
5and Authorization. By signing this form, I agree to indemnify
6and hold the Financial Institution harmless from any and all
7claims, demands, and losses, including reasonable attorneys
8fees and expenses, arising from or incurred in its reliance on
9this Consent and Authorization. As used herein, "Customer"
10shall mean "Member" if the Financial Institution is a credit
11union.
 
12....................... ...................... 
13(Date)                  (Signature of Customer)             
 
14                         ...................... 
15                         ...................... 
16                         (Address of Customer) 
 
17                         ...................... 
18                         (Customer's birth date) 
19                         (month/day/year) 
 
20The undersigned witness certifies that .................,
21known to me to be the same person whose name is subscribed as
22the customer to the foregoing Consent and Authorization,

 

 

10200HB4689ham001- 26 -LRB102 24081 BMS 36609 a

1appeared before me and the notary public and acknowledged
2signing and delivering the instrument as his or her free and
3voluntary act for the uses and purposes therein set forth. I
4believe him or her to be of sound mind and memory. The
5undersigned witness also certifies that the witness is not an
6owner, operator, or relative of an owner or operator of a
7long-term care facility in which the customer is a patient or
8resident.
 
9Dated: ................. ...................... 
10                         (Signature of Witness) 
 
11                         ...................... 
12                         (Print Name of Witness) 
 
13                         ...................... 
14                         ...................... 
15                         (Address of Witness) 
 
16State of Illinois)
17                 ) ss.
18County of .......)
 
19The undersigned, a notary public in and for the above county
20and state, certifies that .........., known to me to be the
21same person whose name is subscribed as the customer to the

 

 

10200HB4689ham001- 27 -LRB102 24081 BMS 36609 a

1foregoing Consent and Authorization, appeared before me
2together with the witness, .........., in person and
3acknowledged signing and delivering the instrument as the free
4and voluntary act of the customer for the uses and purposes
5therein set forth.
 
6Dated:.......................................................
7Notary Public:...............................................
8My commission expires:.......................................
 
9        (b) In no event shall the savings bank distribute the
10    customer's financial records to the long-term care
11    facility from which the customer seeks initial or
12    continuing residency or long-term care services.
13        (c) A savings bank providing financial records of a
14    customer in good faith relying on a consent and
15    authorization executed and tendered in accordance with
16    this paragraph (18) shall not be liable to the customer or
17    any other person in relation to the savings bank's
18    disclosure of the customer's financial records to the
19    Department. The customer signing the consent and
20    authorization shall indemnify and hold the savings bank
21    harmless that relies in good faith upon the consent and
22    authorization and incurs a loss because of such reliance.
23    The savings bank recovering under this indemnification
24    provision shall also be entitled to reasonable attorney's

 

 

10200HB4689ham001- 28 -LRB102 24081 BMS 36609 a

1    fees and the expenses of recovery.
2        (d) A savings bank shall be reimbursed by the customer
3    for all costs reasonably necessary and directly incurred
4    in searching for, reproducing, and disclosing a customer's
5    financial records required or requested to be produced
6    pursuant to any consent and authorization executed under
7    this paragraph (18). The requested financial records shall
8    be delivered to the Department within 10 days after
9    receiving a properly executed consent and authorization or
10    at the earliest practicable time thereafter if the
11    requested records cannot be delivered within 10 days, but
12    delivery may be delayed until the final reimbursement of
13    all costs is received by the savings bank. The savings
14    bank may honor a photostatic or electronic copy of a
15    properly executed consent and authorization.
16        (e) Nothing in this paragraph (18) shall impair,
17    abridge, or abrogate the right of a customer to:
18            (1) directly disclose his or her financial records
19        to the Department or any other person; or
20            (2) authorize his or her attorney or duly
21        appointed agent to request and obtain the customer's
22        financial records and disclose those financial records
23        to the Department.
24        (f) For purposes of this paragraph (18), "Department"
25    means the Department of Human Services and the Department
26    of Healthcare and Family Services or any successor

 

 

10200HB4689ham001- 29 -LRB102 24081 BMS 36609 a

1    administrative agency of either agency.
2        (19) The furnishing of financial information to the
3    executor, executrix, administrator,or other lawful
4    representative of the estate of a customer.
5    (d) A savings bank may not disclose to any person, except
6to the member or holder of capital or his duly authorized
7agent, any financial records relating to that member or
8shareholder of the savings bank unless:
9        (1) the member or shareholder has authorized
10    disclosure to the person; or
11        (2) the financial records are disclosed in response to
12    a lawful subpoena, summons, warrant, citation to discover
13    assets, or court order that meets the requirements of
14    subsection (e) of this Section.
15    (e) A savings bank shall disclose financial records under
16subsection (d) of this Section pursuant to a lawful subpoena,
17summons, warrant, citation to discover assets, or court order
18only after the savings bank mails a copy of the subpoena,
19summons, warrant, citation to discover assets, or court order
20to the person establishing the relationship with the savings
21bank, if living, and otherwise, his personal representative,
22if known, at his last known address by first class mail,
23postage prepaid, unless the savings bank is specifically
24prohibited from notifying the person by order of court.
25    (f) Any officer or employee of a savings bank who
26knowingly and willfully furnishes financial records in

 

 

10200HB4689ham001- 30 -LRB102 24081 BMS 36609 a

1violation of this Section is guilty of a business offense and,
2upon conviction, shall be fined not more than $1,000.
3    (g) Any person who knowingly and willfully induces or
4attempts to induce any officer or employee of a savings bank to
5disclose financial records in violation of this Section is
6guilty of a business offense and, upon conviction, shall be
7fined not more than $1,000.
8    (h) If any member or shareholder desires to communicate
9with the other members or shareholders of the savings bank
10with reference to any question pending or to be presented at an
11annual or special meeting, the savings bank shall give that
12person, upon request, a statement of the approximate number of
13members or shareholders entitled to vote at the meeting and an
14estimate of the cost of preparing and mailing the
15communication. The requesting member shall submit the
16communication to the Commissioner who, upon finding it to be
17appropriate and truthful, shall direct that it be prepared and
18mailed to the members upon the requesting member's or
19shareholder's payment or adequate provision for payment of the
20expenses of preparation and mailing.
21    (i) A savings bank shall be reimbursed for costs that are
22necessary and that have been directly incurred in searching
23for, reproducing, or transporting books, papers, records, or
24other data of a customer required to be reproduced pursuant to
25a lawful subpoena, warrant, citation to discover assets, or
26court order.

 

 

10200HB4689ham001- 31 -LRB102 24081 BMS 36609 a

1    (j) Notwithstanding the provisions of this Section, a
2savings bank may sell or otherwise make use of lists of
3customers' names and addresses. All other information
4regarding a customer's account is subject to the disclosure
5provisions of this Section. At the request of any customer,
6that customer's name and address shall be deleted from any
7list that is to be sold or used in any other manner beyond
8identification of the customer's accounts.
9(Source: P.A. 99-143, eff. 7-27-15; 100-22, eff. 1-1-18;
10100-201, eff. 8-18-17; 100-664, eff. 1-1-19.)
 
11    Section 15. The Illinois Credit Union Act is amended by
12changing Section 10 as follows:
 
13    (205 ILCS 305/10)  (from Ch. 17, par. 4411)
14    Sec. 10. Credit union records; member financial records.
15    (1) A credit union shall establish and maintain books,
16records, accounting systems and procedures which accurately
17reflect its operations and which enable the Department to
18readily ascertain the true financial condition of the credit
19union and whether it is complying with this Act.
20    (2) A photostatic or photographic reproduction of any
21credit union records shall be admissible as evidence of
22transactions with the credit union.
23    (3)(a) For the purpose of this Section, the term
24"financial records" means any original, any copy, or any

 

 

10200HB4689ham001- 32 -LRB102 24081 BMS 36609 a

1summary of (1) a document granting signature authority over an
2account, (2) a statement, ledger card or other record on any
3account which shows each transaction in or with respect to
4that account, (3) a check, draft or money order drawn on a
5financial institution or other entity or issued and payable by
6or through a financial institution or other entity, or (4) any
7other item containing information pertaining to any
8relationship established in the ordinary course of business
9between a credit union and its member, including financial
10statements or other financial information provided by the
11member.
12    (b) This Section does not prohibit:
13        (1) The preparation, examination, handling or
14    maintenance of any financial records by any officer,
15    employee or agent of a credit union having custody of such
16    records, or the examination of such records by a certified
17    public accountant engaged by the credit union to perform
18    an independent audit.
19        (2) The examination of any financial records by or the
20    furnishing of financial records by a credit union to any
21    officer, employee or agent of the Department, the National
22    Credit Union Administration, Federal Reserve board or any
23    insurer of share accounts for use solely in the exercise
24    of his duties as an officer, employee or agent.
25        (3) The publication of data furnished from financial
26    records relating to members where the data cannot be

 

 

10200HB4689ham001- 33 -LRB102 24081 BMS 36609 a

1    identified to any particular customer of account.
2        (4) The making of reports or returns required under
3    Chapter 61 of the Internal Revenue Code of 1954.
4        (5) Furnishing information concerning the dishonor of
5    any negotiable instrument permitted to be disclosed under
6    the Uniform Commercial Code.
7        (6) The exchange in the regular course of business of
8    (i) credit information between a credit union and other
9    credit unions or financial institutions or commercial
10    enterprises, directly or through a consumer reporting
11    agency or (ii) financial records or information derived
12    from financial records between a credit union and other
13    credit unions or financial institutions or commercial
14    enterprises for the purpose of conducting due diligence
15    pursuant to a merger or a purchase or sale of assets or
16    liabilities of the credit union.
17        (7) The furnishing of information to the appropriate
18    law enforcement authorities where the credit union
19    reasonably believes it has been the victim of a crime.
20        (8) The furnishing of information pursuant to the
21    Revised Uniform Unclaimed Property Act.
22        (9) The furnishing of information pursuant to the
23    Illinois Income Tax Act and the Illinois Estate and
24    Generation-Skipping Transfer Tax Act.
25        (10) The furnishing of information pursuant to the
26    federal Currency and Foreign Transactions Reporting Act,

 

 

10200HB4689ham001- 34 -LRB102 24081 BMS 36609 a

1    Title 31, United States Code, Section 1051 et sequentia.
2        (11) The furnishing of information pursuant to any
3    other statute which by its terms or by regulations
4    promulgated thereunder requires the disclosure of
5    financial records other than by subpoena, summons, warrant
6    or court order.
7        (12) The furnishing of information in accordance with
8    the federal Personal Responsibility and Work Opportunity
9    Reconciliation Act of 1996. Any credit union governed by
10    this Act shall enter into an agreement for data exchanges
11    with a State agency provided the State agency pays to the
12    credit union a reasonable fee not to exceed its actual
13    cost incurred. A credit union providing information in
14    accordance with this item shall not be liable to any
15    account holder or other person for any disclosure of
16    information to a State agency, for encumbering or
17    surrendering any assets held by the credit union in
18    response to a lien or order to withhold and deliver issued
19    by a State agency, or for any other action taken pursuant
20    to this item, including individual or mechanical errors,
21    provided the action does not constitute gross negligence
22    or willful misconduct. A credit union shall have no
23    obligation to hold, encumber, or surrender assets until it
24    has been served with a subpoena, summons, warrant, court
25    or administrative order, lien, or levy.
26        (13) The furnishing of information to law enforcement

 

 

10200HB4689ham001- 35 -LRB102 24081 BMS 36609 a

1    authorities, the Illinois Department on Aging and its
2    regional administrative and provider agencies, the
3    Department of Human Services Office of Inspector General,
4    or public guardians: (i) upon subpoena by the
5    investigatory entity or the guardian, or (ii) if there is
6    suspicion by the credit union that a member who is an
7    elderly person or person with a disability has been or may
8    become the victim of financial exploitation. For the
9    purposes of this item (13), the term: (i) "elderly person"
10    means a person who is 60 or more years of age, (ii) "person
11    with a disability" means a person who has or reasonably
12    appears to the credit union to have a physical or mental
13    disability that impairs his or her ability to seek or
14    obtain protection from or prevent financial exploitation,
15    and (iii) "financial exploitation" means tortious or
16    illegal use of the assets or resources of an elderly
17    person or person with a disability, and includes, without
18    limitation, misappropriation of the elderly or disabled
19    person's assets or resources by undue influence, breach of
20    fiduciary relationship, intimidation, fraud, deception,
21    extortion, or the use of assets or resources in any manner
22    contrary to law. A credit union or person furnishing
23    information pursuant to this item (13) shall be entitled
24    to the same rights and protections as a person furnishing
25    information under the Adult Protective Services Act and
26    the Illinois Domestic Violence Act of 1986.

 

 

10200HB4689ham001- 36 -LRB102 24081 BMS 36609 a

1        (14) The disclosure of financial records or
2    information as necessary to effect, administer, or enforce
3    a transaction requested or authorized by the member, or in
4    connection with:
5            (A) servicing or processing a financial product or
6        service requested or authorized by the member;
7            (B) maintaining or servicing a member's account
8        with the credit union; or
9            (C) a proposed or actual securitization or
10        secondary market sale (including sales of servicing
11        rights) related to a transaction of a member.
12        Nothing in this item (14), however, authorizes the
13    sale of the financial records or information of a member
14    without the consent of the member.
15        (15) The disclosure of financial records or
16    information as necessary to protect against or prevent
17    actual or potential fraud, unauthorized transactions,
18    claims, or other liability.
19        (16)(a) The disclosure of financial records or
20    information related to a private label credit program
21    between a financial institution and a private label party
22    in connection with that private label credit program. Such
23    information is limited to outstanding balance, available
24    credit, payment and performance and account history,
25    product references, purchase information, and information
26    related to the identity of the customer.

 

 

10200HB4689ham001- 37 -LRB102 24081 BMS 36609 a

1        (b)(1) For purposes of this item (16), "private label
2    credit program" means a credit program involving a
3    financial institution and a private label party that is
4    used by a customer of the financial institution and the
5    private label party primarily for payment for goods or
6    services sold, manufactured, or distributed by a private
7    label party.
8        (2) For purposes of this item (16), "private label
9    party" means, with respect to a private label credit
10    program, any of the following: a retailer, a merchant, a
11    manufacturer, a trade group, or any such person's
12    affiliate, subsidiary, member, agent, or service provider.
13        (17)(a) The furnishing of financial records of a
14    member to the Department to aid the Department's initial
15    determination or subsequent re-determination of the
16    member's eligibility for Medicaid and Medicaid long-term
17    care benefits for long-term care services, provided that
18    the credit union receives the written consent and
19    authorization of the member, which shall:
20            (1) have the member's signature notarized;
21            (2) be signed by at least one witness who
22        certifies that he or she believes the member to be of
23        sound mind and memory;
24            (3) be tendered to the credit union at the
25        earliest practicable time following its execution,
26        certification, and notarization;

 

 

10200HB4689ham001- 38 -LRB102 24081 BMS 36609 a

1            (4) specifically limit the disclosure of the
2        member's financial records to the Department; and
3            (5) be in substantially the following form:
 
4
CUSTOMER CONSENT AND AUTHORIZATION
5
FOR RELEASE OF FINANCIAL RECORDS

 
6I, ......................................., hereby authorize 
7       (Name of Customer) 
 
8............................................................. 
9(Name of Financial Institution)
 
10............................................................. 
11(Address of Financial Institution)
 
12to disclose the following financial records:
 
13any and all information concerning my deposit, savings, money
14market, certificate of deposit, individual retirement,
15retirement plan, 401(k) plan, incentive plan, employee benefit
16plan, mutual fund and loan accounts (including, but not
17limited to, any indebtedness or obligation for which I am a
18co-borrower, co-obligor, guarantor, or surety), and any and
19all other accounts in which I have an interest and any other
20information regarding me in the possession of the Financial

 

 

10200HB4689ham001- 39 -LRB102 24081 BMS 36609 a

1Institution,
 
2to the Illinois Department of Human Services or the Illinois
3Department of Healthcare and Family Services, or both ("the
4Department"), for the following purpose(s):
 
5to aid in the initial determination or re-determination by the
6State of Illinois of my eligibility for Medicaid long-term
7care benefits, pursuant to applicable law.
 
8I understand that this Consent and Authorization may be
9revoked by me in writing at any time before my financial
10records, as described above, are disclosed, and that this
11Consent and Authorization is valid until the Financial
12Institution receives my written revocation. This Consent and
13Authorization shall constitute valid authorization for the
14Department identified above to inspect all such financial
15records set forth above, and to request and receive copies of
16such financial records from the Financial Institution (subject
17to such records search and reproduction reimbursement policies
18as the Financial Institution may have in place). An executed
19copy of this Consent and Authorization shall be sufficient and
20as good as the original and permission is hereby granted to
21honor a photostatic or electronic copy of this Consent and
22Authorization. Disclosure is strictly limited to the
23Department identified above and no other person or entity

 

 

10200HB4689ham001- 40 -LRB102 24081 BMS 36609 a

1shall receive my financial records pursuant to this Consent
2and Authorization. By signing this form, I agree to indemnify
3and hold the Financial Institution harmless from any and all
4claims, demands, and losses, including reasonable attorneys
5fees and expenses, arising from or incurred in its reliance on
6this Consent and Authorization. As used herein, "Customer"
7shall mean "Member" if the Financial Institution is a credit
8union.
 
9....................... ...................... 
10(Date)                  (Signature of Customer)             
 
11                         ...................... 
12                         ...................... 
13                         (Address of Customer) 
 
14                         ...................... 
15                         (Customer's birth date) 
16                         (month/day/year) 
 
17The undersigned witness certifies that .................,
18known to me to be the same person whose name is subscribed as
19the customer to the foregoing Consent and Authorization,
20appeared before me and the notary public and acknowledged
21signing and delivering the instrument as his or her free and
22voluntary act for the uses and purposes therein set forth. I

 

 

10200HB4689ham001- 41 -LRB102 24081 BMS 36609 a

1believe him or her to be of sound mind and memory. The
2undersigned witness also certifies that the witness is not an
3owner, operator, or relative of an owner or operator of a
4long-term care facility in which the customer is a patient or
5resident.
 
6Dated: ................. ...................... 
7                         (Signature of Witness) 
 
8                         ...................... 
9                         (Print Name of Witness) 
 
10                         ...................... 
11                         ...................... 
12                         (Address of Witness) 
 
13State of Illinois)
14                 ) ss.
15County of .......)
 
16The undersigned, a notary public in and for the above county
17and state, certifies that .........., known to me to be the
18same person whose name is subscribed as the customer to the
19foregoing Consent and Authorization, appeared before me
20together with the witness, .........., in person and
21acknowledged signing and delivering the instrument as the free

 

 

10200HB4689ham001- 42 -LRB102 24081 BMS 36609 a

1and voluntary act of the customer for the uses and purposes
2therein set forth.
 
3Dated:.......................................................
4Notary Public:...............................................
5My commission expires:.......................................
 
6        (b) In no event shall the credit union distribute the
7    member's financial records to the long-term care facility
8    from which the member seeks initial or continuing
9    residency or long-term care services.
10        (c) A credit union providing financial records of a
11    member in good faith relying on a consent and
12    authorization executed and tendered in accordance with
13    this item (17) shall not be liable to the member or any
14    other person in relation to the credit union's disclosure
15    of the member's financial records to the Department. The
16    member signing the consent and authorization shall
17    indemnify and hold the credit union harmless that relies
18    in good faith upon the consent and authorization and
19    incurs a loss because of such reliance. The credit union
20    recovering under this indemnification provision shall also
21    be entitled to reasonable attorney's fees and the expenses
22    of recovery.
23        (d) A credit union shall be reimbursed by the member
24    for all costs reasonably necessary and directly incurred

 

 

10200HB4689ham001- 43 -LRB102 24081 BMS 36609 a

1    in searching for, reproducing, and disclosing a member's
2    financial records required or requested to be produced
3    pursuant to any consent and authorization executed under
4    this item (17). The requested financial records shall be
5    delivered to the Department within 10 days after receiving
6    a properly executed consent and authorization or at the
7    earliest practicable time thereafter if the requested
8    records cannot be delivered within 10 days, but delivery
9    may be delayed until the final reimbursement of all costs
10    is received by the credit union. The credit union may
11    honor a photostatic or electronic copy of a properly
12    executed consent and authorization.
13        (e) Nothing in this item (17) shall impair, abridge,
14    or abrogate the right of a member to:
15            (1) directly disclose his or her financial records
16        to the Department or any other person; or
17            (2) authorize his or her attorney or duly
18        appointed agent to request and obtain the member's
19        financial records and disclose those financial records
20        to the Department.
21        (f) For purposes of this item (17), "Department" means
22    the Department of Human Services and the Department of
23    Healthcare and Family Services or any successor
24    administrative agency of either agency.
25        (18) The furnishing of the financial records of a
26    member to an appropriate law enforcement authority,

 

 

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1    without prior notice to or consent of the member, upon
2    written request of the law enforcement authority, when
3    reasonable suspicion of an imminent threat to the personal
4    security and safety of the member exists that necessitates
5    an expedited release of the member's financial records, as
6    determined by the law enforcement authority. The law
7    enforcement authority shall include a brief explanation of
8    the imminent threat to the member in its written request
9    to the credit union. The written request shall reflect
10    that it has been authorized by a supervisory or managerial
11    official of the law enforcement authority. The decision to
12    furnish the financial records of a member to a law
13    enforcement authority shall be made by a supervisory or
14    managerial official of the credit union. A credit union
15    providing information in accordance with this item (18)
16    shall not be liable to the member or any other person for
17    the disclosure of the information to the law enforcement
18    authority.
19        (19) The furnishing of financial information to the
20    executor, executrix, administrator,or other lawful
21    representative of the estate of a member.
22    (c) Except as otherwise provided by this Act, a credit
23union may not disclose to any person, except to the member or
24his duly authorized agent, any financial records relating to
25that member of the credit union unless:
26        (1) the member has authorized disclosure to the

 

 

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1    person;
2        (2) the financial records are disclosed in response to
3    a lawful subpoena, summons, warrant, citation to discover
4    assets, or court order that meets the requirements of
5    subparagraph (3)(d) of this Section; or
6        (3) the credit union is attempting to collect an
7    obligation owed to the credit union and the credit union
8    complies with the provisions of Section 2I of the Consumer
9    Fraud and Deceptive Business Practices Act.
10    (d) A credit union shall disclose financial records under
11item (3)(c)(2) of this Section pursuant to a lawful subpoena,
12summons, warrant, citation to discover assets, or court order
13only after the credit union mails a copy of the subpoena,
14summons, warrant, citation to discover assets, or court order
15to the person establishing the relationship with the credit
16union, if living, and otherwise his personal representative,
17if known, at his last known address by first class mail,
18postage prepaid unless the credit union is specifically
19prohibited from notifying the person by order of court or by
20applicable State or federal law. In the case of a grand jury
21subpoena, a credit union shall not mail a copy of a subpoena to
22any person pursuant to this subsection if the subpoena was
23issued by a grand jury under the Statewide Grand Jury Act or
24notifying the person would constitute a violation of the
25federal Right to Financial Privacy Act of 1978.
26    (e)(1) Any officer or employee of a credit union who

 

 

10200HB4689ham001- 46 -LRB102 24081 BMS 36609 a

1knowingly and willfully furnishes financial records in
2violation of this Section is guilty of a business offense and
3upon conviction thereof shall be fined not more than $1,000.
4    (2) Any person who knowingly and willfully induces or
5attempts to induce any officer or employee of a credit union to
6disclose financial records in violation of this Section is
7guilty of a business offense and upon conviction thereof shall
8be fined not more than $1,000.
9    (f) A credit union shall be reimbursed for costs which are
10reasonably necessary and which have been directly incurred in
11searching for, reproducing or transporting books, papers,
12records or other data of a member required or requested to be
13produced pursuant to a lawful subpoena, summons, warrant,
14citation to discover assets, or court order. The Secretary and
15the Director may determine, by rule, the rates and conditions
16under which payment shall be made. Delivery of requested
17documents may be delayed until final reimbursement of all
18costs is received.
19(Source: P.A. 100-22, eff. 1-1-18; 100-664, eff. 1-1-19;
20100-778, eff. 8-10-18; 101-81, eff. 7-12-19.)
 
21    Section 20. The Financial Institutions Electronic
22Documents and Digital Signature Act is amended by changing
23Section 10 as follows:
 
24    (205 ILCS 705/10)

 

 

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1    Sec. 10. Electronic documents; digital signatures;
2electronic notices.
3    (a) Electronic documents. If in the regular course of
4business, a financial institution possesses, records, or
5generates any document, representation, image, substitute
6check, reproduction, or combination thereof, of any agreement,
7transaction, act, occurrence, or event by any electronic or
8computer-generated process that accurately reproduces,
9comprises, or records the agreement, transaction, act,
10occurrence, or event, the recording, comprising, or
11reproduction shall have the same force and effect under the
12laws of this State as one comprised, recorded, or created on
13paper or other tangible form by writing, typing, printing, or
14similar means.
15    (b) Digital signatures. In any communication,
16acknowledgement, agreement, or contract between a financial
17institution and its customer, in which a signature is required
18or used, any party to the communication, acknowledgement,
19agreement, or contract may affix a signature by use of a
20digital signature, and the digital signature, when lawfully
21used by the person whose signature it purports to be, shall
22have the same force and effect as the use of a manual signature
23if it is unique to the person using it, is capable of
24verification, is under the sole control of the person using
25it, and is linked to data in such a manner that if the data are
26changed, the digital signature is invalidated. Nothing in this

 

 

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1Section shall require any financial institution or customer to
2use or permit the use of a digital signature.
3    (c) Electronic notices.
4        (1) Consent to electronic records. If a statute,
5    regulation, or other rule of law requires that information
6    relating to a transaction or transactions in or affecting
7    intrastate commerce in this State be provided or made
8    available by a financial institution to a consumer in
9    writing, the use of an electronic record to provide or
10    make available that information satisfies the requirement
11    that the information be in writing if:
12            (A) the consumer has affirmatively consented to
13        the use of an electronic record to provide or make
14        available that information and has not withdrawn
15        consent;
16            (B) the consumer, prior to consenting, is provided
17        with a clear and conspicuous statement:
18                (i) informing the consumer of:
19                    (I) any right or option of the consumer to
20                have the record provided or made available on
21                paper or in nonelectronic form, and
22                    (II) the right of the consumer to withdraw
23                the consent to have the record provided or
24                made available in an electronic form and of
25                any conditions, consequences (which may
26                include termination of the parties'

 

 

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1                relationship), or fees in the event of a
2                withdrawal of consent;
3                (ii) informing the consumer of whether the
4            consent applies:
5                    (I) only to the particular transaction
6                that gave rise to the obligation to provide
7                the record, or
8                    (II) to identified categories of records
9                that may be provided or made available during
10                the course of the parties' relationship;
11                (iii) describing the procedures the consumer
12            must use to withdraw consent, as provided in
13            clause (i), and to update information needed to
14            contact the consumer electronically; and
15                (iv) informing the consumer:
16                    (I) how, after the consent, the consumer
17                may, upon request, obtain a paper copy of an
18                electronic record, and
19                    (II) whether any fee will be charged for a
20                paper copy;
21            (C) the consumer:
22                (i) prior to consenting, is provided with a
23            statement of the hardware and software
24            requirements for access to and retention of the
25            electronic records; and
26                (ii) consents electronically, or confirms his

 

 

10200HB4689ham001- 50 -LRB102 24081 BMS 36609 a

1            or her consent electronically, in a manner that
2            reasonably demonstrates that the consumer can
3            access information in the electronic form that
4            will be used to provide the information that is
5            the subject of the consent; and
6            (D) after the consent of a consumer in accordance
7        with subparagraph (A), if a change in the hardware or
8        software requirements needed to access or retain
9        electronic records creates a material risk that the
10        consumer will not be able to access or retain a
11        subsequent electronic record that was the subject of
12        the consent, the person providing the electronic
13        record:
14                (i) provides the consumer with a statement of:
15                    (I) the revised hardware and software
16                requirements for access to and retention of
17                the electronic records, and
18                    (II) the right to withdraw consent without
19                the imposition of any fees for the withdrawal
20                and without the imposition of any condition or
21                consequence that was not disclosed under
22                subparagraph (B)(i); and
23                (ii) again complies with subparagraph (C).
24        (2) Other rights.
25            (A) Preservation of consumer protections. Nothing
26        in this subsection (c) affects the content or timing

 

 

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1        of any disclosure or other record required to be
2        provided or made available to any consumer under any
3        statute, regulation, or other rule of law.
4            (B) Verification or acknowledgment. If a law that
5        was enacted prior to this amendatory Act of the 95th
6        General Assembly expressly requires a record to be
7        provided or made available by a specified method that
8        requires verification or acknowledgment of receipt,
9        the record may be provided or made available
10        electronically only if the method used provides the
11        required verification or acknowledgment of receipt.
12        (2.5) Consent to electronic transactions given by the
13    customer pursuant to the federal Electronic Signatures in
14    Global and National Commerce Act, 15 U.S.C. 7001, shall
15    satisfy the consent requirements of this Act.
16        (3) Effect of failure to obtain electronic consent or
17    confirmation of consent. The legal effectiveness,
18    validity, or enforceability of any contract executed by a
19    consumer shall not be denied solely because of the failure
20    to obtain electronic consent or confirmation of consent by
21    that consumer in accordance with paragraph (1)(C)(ii).
22        (4) Prospective effect. Withdrawal of consent by a
23    consumer shall not affect the legal effectiveness,
24    validity, or enforceability of electronic records provided
25    or made available to that consumer in accordance with
26    paragraph (1) prior to implementation of the consumer's

 

 

10200HB4689ham001- 52 -LRB102 24081 BMS 36609 a

1    withdrawal of consent. A consumer's withdrawal of consent
2    shall be effective within a reasonable period of time
3    after receipt of the withdrawal by the provider of the
4    record. Failure to comply with paragraph (1)(D) may, at
5    the election of the consumer, be treated as a withdrawal
6    of consent for purposes of this paragraph.
7        (5) Prior consent. This subsection does not apply to
8    any records that are provided or made available to a
9    consumer who has consented prior to the effective date of
10    this amendatory Act of the 95th General Assembly to
11    receive the records in electronic form as permitted by any
12    statute, regulation, or other rule of law.
13        (6) Oral communications. An oral communication or a
14    recording of an oral communication shall not qualify as an
15    electronic record for purposes of this subsection (c),
16    except as otherwise provided under applicable law.
17(Source: P.A. 94-458, eff. 8-4-05; 95-77, eff. 8-13-07.)
 
18    Section 25. The Probate Act of 1975 is amended by changing
19Section 6-15 as follows:
 
20    (755 ILCS 5/6-15)  (from Ch. 110 1/2, par. 6-15)
21    Sec. 6-15. Executor to administer all estate of decedent.)
22    (a) The executor or the administrator with the will
23annexed shall administer all the testate and intestate estate
24of the decedent.

 

 

10200HB4689ham001- 53 -LRB102 24081 BMS 36609 a

1    (b) Any person doing business or performing transactions
2on behalf of or at the direction of an executor or
3administrator with the will annexed shall be entitled to the
4presumption that the executor or administrator with the will
5annexed is lawfully authorized to conduct the business or
6perform the transaction without such person investigating the
7source of the authority and without verifying that the actions
8of the executor or administrator with the will annexed comply
9with a will or any order of the probate court, unless such
10person has actual knowledge to the contrary.
11(Source: P.A. 79-328.)".