HB4689eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB4689 EngrossedLRB102 24081 BMS 33302 b

1    AN ACT concerning finances.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Banking Act is amended by changing
5Section 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
17        (4) any other item containing information pertaining
18    to any relationship established in the ordinary course of
19    a bank's business between a bank and its customer,
20    including financial statements or other financial
21    information provided by the customer.
22    (b) This Section does not prohibit:
23        (1) The preparation, examination, handling or

 

 

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1    maintenance of any financial records by any officer,
2    employee or agent of a bank having custody of the records,
3    or the examination of the records by a certified public
4    accountant engaged by the bank to perform an independent
5    audit.
6        (2) The examination of any financial records by, or
7    the furnishing of financial records by a bank to, any
8    officer, employee or agent of (i) the Commissioner of
9    Banks and Real Estate, (ii) after May 31, 1997, a state
10    regulatory authority authorized to examine a branch of a
11    State bank located in another state, (iii) the Comptroller
12    of the Currency, (iv) the Federal Reserve Board, or (v)
13    the Federal Deposit Insurance Corporation for use solely
14    in the exercise of his duties as an officer, employee, or
15    agent.
16        (3) The publication of data furnished from financial
17    records relating to customers where the data cannot be
18    identified to any particular customer or account.
19        (4) The making of reports or returns required under
20    Chapter 61 of the Internal Revenue Code of 1986.
21        (5) Furnishing information concerning the dishonor of
22    any negotiable instrument permitted to be disclosed under
23    the Uniform Commercial Code.
24        (6) The exchange in the regular course of business of
25    (i) credit information between a bank and other banks or
26    financial institutions or commercial enterprises, directly

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    subsection (b) of Section 48.1, a "private label credit
2    program" means a credit program involving a financial
3    institution and a private label party that is used by a
4    customer of the financial institution and the private
5    label party primarily for payment for goods or services
6    sold, manufactured, or distributed by a private label
7    party.
8        (2) For purposes of this paragraph (19) of subsection
9    (b) of Section 48.1, a "private label party" means, with
10    respect to a private label credit program, any of the
11    following: a retailer, a merchant, a manufacturer, a trade
12    group, or any such person's affiliate, subsidiary, member,
13    agent, or service provider.
14        (20)(A) The furnishing of financial records of a
15    customer to the Department to aid the Department's initial
16    determination or subsequent re-determination of the
17    customer's eligibility for Medicaid and Medicaid long-term
18    care benefits for long-term care services, provided that
19    the bank receives the written consent and authorization of
20    the customer, which shall:
21            (1) have the customer's signature notarized;
22            (2) be signed by at least one witness who
23        certifies that he or she believes the customer to be of
24        sound mind and memory;
25            (3) be tendered to the bank at the earliest
26        practicable time following its execution,

 

 

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1        certification, and notarization;
2            (4) specifically limit the disclosure of the
3        customer's financial records to the Department; and
4            (5) be in substantially the following form:
 
5
CUSTOMER CONSENT AND AUTHORIZATION
6
FOR RELEASE OF FINANCIAL RECORDS

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    searching for, reproducing, and disclosing a customer's
2    financial records required or requested to be produced
3    pursuant to any consent and authorization executed under
4    this paragraph (20). The requested financial records shall
5    be delivered to the Department within 10 days after
6    receiving a properly executed consent and authorization or
7    at the earliest practicable time thereafter if the
8    requested records cannot be delivered within 10 days, but
9    delivery may be delayed until the final reimbursement of
10    all costs is received by the bank. The bank may honor a
11    photostatic or electronic copy of a properly executed
12    consent and authorization.
13        (E) Nothing in this paragraph (20) shall impair,
14    abridge, or abrogate the right of a customer 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 customer's
19        financial records and disclose those financial records
20        to the Department.
21        (F) For purposes of this paragraph (20), "Department"
22    means the Department of Human Services and the Department
23    of Healthcare and Family Services or any successor
24    administrative agency of either agency.
25        (21) The furnishing of financial information to the
26    executor, executrix, administrator, or other lawful

 

 

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1    representative of the estate of a customer.
2    (c) Except as otherwise provided by this Act, a bank may
3not disclose to any person, except to the customer or his duly
4authorized agent, any financial records or financial
5information obtained from financial records relating to that
6customer of that bank unless:
7        (1) the customer has authorized disclosure to the
8    person;
9        (2) the financial records are disclosed in response to
10    a lawful subpoena, summons, warrant, citation to discover
11    assets, or court order which meets the requirements of
12    subsection (d) of this Section; or
13        (3) the bank is attempting to collect an obligation
14    owed to the bank and the bank complies with the provisions
15    of Section 2I of the Consumer Fraud and Deceptive Business
16    Practices Act.
17    (d) A bank shall disclose financial records under
18paragraph (2) of subsection (c) of this Section under a lawful
19subpoena, summons, warrant, citation to discover assets, or
20court order only after the bank mails a copy of the subpoena,
21summons, warrant, citation to discover assets, or court order
22to the person establishing the relationship with the bank, if
23living, and, otherwise his personal representative, if known,
24at his last known address by first class mail, postage
25prepaid, unless the bank is specifically prohibited from
26notifying the person by order of court or by applicable State

 

 

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1or federal law. A bank shall not mail a copy of a subpoena to
2any person pursuant to this subsection if the subpoena was
3issued by a grand jury under the Statewide Grand Jury Act.
4    (e) Any officer or employee of a bank who knowingly and
5willfully furnishes financial records in violation of this
6Section is guilty of a business offense and, upon conviction,
7shall be fined not more than $1,000.
8    (f) Any person who knowingly and willfully induces or
9attempts to induce any officer or employee of a bank to
10disclose financial records in violation of this Section is
11guilty of a business offense and, upon conviction, shall be
12fined not more than $1,000.
13    (g) A bank shall be reimbursed for costs that are
14reasonably necessary and that have been directly incurred in
15searching for, reproducing, or transporting books, papers,
16records, or other data required or requested to be produced
17pursuant to a lawful subpoena, summons, warrant, citation to
18discover assets, or court order. The Commissioner shall
19determine the rates and conditions under which payment may be
20made.
21(Source: P.A. 100-22, eff. 1-1-18; 100-664, eff. 1-1-19;
22100-888, eff. 8-14-18; 101-81, eff. 7-12-19.)
 
23    Section 10. The Savings Bank Act is amended by changing
24Section 4013 as follows:
 

 

 

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1    (205 ILCS 205/4013)  (from Ch. 17, par. 7304-13)
2    Sec. 4013. Access to books and records; communication with
3members and shareholders.
4    (a) Every member or shareholder shall have the right to
5inspect books and records of the savings bank that pertain to
6his accounts. Otherwise, the right of inspection and
7examination of the books and records shall be limited as
8provided in this Act, and no other person shall have access to
9the books and records nor shall be entitled to a list of the
10members or shareholders.
11    (b) For the purpose of this Section, the term "financial
12records" means any original, any copy, or any summary of (1) a
13document granting signature authority over a deposit or
14account; (2) a statement, ledger card, or other record on any
15deposit or account that shows each transaction in or with
16respect to that account; (3) a check, draft, or money order
17drawn on a savings bank or issued and payable by a savings
18bank; or (4) any other item containing information pertaining
19to any relationship established in the ordinary course of a
20savings bank's business between a savings bank and its
21customer, including financial statements or other financial
22information provided by the member or shareholder.
23    (c) This Section does not prohibit:
24        (1) The preparation, examination, handling, or
25    maintenance of any financial records by any officer,
26    employee, or agent of a savings bank having custody of

 

 

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1    records or examination of records by a certified public
2    accountant engaged by the savings bank to perform an
3    independent audit.
4        (2) The examination of any financial records by, or
5    the furnishing of financial records by a savings bank to,
6    any officer, employee, or agent of the Commissioner of
7    Banks and Real Estate or the federal depository
8    institution regulator for use solely in the exercise of
9    his duties as an officer, employee, or agent.
10        (3) The publication of data furnished from financial
11    records relating to members or holders of capital where
12    the data cannot be identified to any particular member,
13    shareholder, or account.
14        (4) The making of reports or returns required under
15    Chapter 61 of the Internal Revenue Code of 1986.
16        (5) Furnishing information concerning the dishonor of
17    any negotiable instrument permitted to be disclosed under
18    the Uniform Commercial Code.
19        (6) The exchange in the regular course of business of
20    (i) credit information between a savings bank and other
21    savings banks or financial institutions or commercial
22    enterprises, directly or through a consumer reporting
23    agency or (ii) financial records or information derived
24    from financial records between a savings bank and other
25    savings banks or financial institutions or commercial
26    enterprises for the purpose of conducting due diligence

 

 

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1    pursuant to a purchase or sale involving the savings bank
2    or assets or liabilities of the savings bank.
3        (7) The furnishing of information to the appropriate
4    law enforcement authorities where the savings bank
5    reasonably believes it has been the victim of a crime.
6        (8) The furnishing of information pursuant to the
7    Revised Uniform Unclaimed Property Act.
8        (9) The furnishing of information pursuant to the
9    Illinois Income Tax Act and the Illinois Estate and
10    Generation-Skipping Transfer Tax Act.
11        (10) The furnishing of information pursuant to the
12    federal Currency and Foreign Transactions Reporting Act,
13    (Title 31, United States Code, Section 1051 et seq.).
14        (11) The furnishing of information pursuant to any
15    other statute which by its terms or by regulations
16    promulgated thereunder requires the disclosure of
17    financial records other than by subpoena, summons,
18    warrant, or court order.
19        (12) The furnishing of information in accordance with
20    the federal Personal Responsibility and Work Opportunity
21    Reconciliation Act of 1996. Any savings bank governed by
22    this Act shall enter into an agreement for data exchanges
23    with a State agency provided the State agency pays to the
24    savings bank a reasonable fee not to exceed its actual
25    cost incurred. A savings bank providing information in
26    accordance with this item shall not be liable to any

 

 

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1    account holder or other person for any disclosure of
2    information to a State agency, for encumbering or
3    surrendering any assets held by the savings bank in
4    response to a lien or order to withhold and deliver issued
5    by a State agency, or for any other action taken pursuant
6    to this item, including individual or mechanical errors,
7    provided the action does not constitute gross negligence
8    or willful misconduct. A savings bank shall have no
9    obligation to hold, encumber, or surrender assets until it
10    has been served with a subpoena, summons, warrant, court
11    or administrative order, lien, or levy.
12        (13) The furnishing of information to law enforcement
13    authorities, the Illinois Department on Aging and its
14    regional administrative and provider agencies, the
15    Department of Human Services Office of Inspector General,
16    or public guardians: (i) upon subpoena by the
17    investigatory entity or the guardian, or (ii) if there is
18    suspicion by the savings bank that a customer who is an
19    elderly person or person with a disability has been or may
20    become the victim of financial exploitation. For the
21    purposes of this item (13), the term: (i) "elderly person"
22    means a person who is 60 or more years of age, (ii) "person
23    with a disability" means a person who has or reasonably
24    appears to the savings bank to have a physical or mental
25    disability that impairs his or her ability to seek or
26    obtain protection from or prevent financial exploitation,

 

 

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1    and (iii) "financial exploitation" means tortious or
2    illegal use of the assets or resources of an elderly
3    person or person with a disability, and includes, without
4    limitation, misappropriation of the assets or resources of
5    the elderly person or person with a disability by undue
6    influence, breach of fiduciary relationship, intimidation,
7    fraud, deception, extortion, or the use of assets or
8    resources in any manner contrary to law. A savings bank or
9    person furnishing information pursuant to this item (13)
10    shall be entitled to the same rights and protections as a
11    person furnishing information under the Adult Protective
12    Services Act and the Illinois Domestic Violence Act of
13    1986.
14        (14) The disclosure of financial records or
15    information as necessary to effect, administer, or enforce
16    a transaction requested or authorized by the member or
17    holder of capital, or in connection with:
18            (A) servicing or processing a financial product or
19        service requested or authorized by the member or
20        holder of capital;
21            (B) maintaining or servicing an account of a
22        member or holder of capital with the savings bank; or
23            (C) a proposed or actual securitization or
24        secondary market sale (including sales of servicing
25        rights) related to a transaction of a member or holder
26        of capital.

 

 

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1        Nothing in this item (14), however, authorizes the
2    sale of the financial records or information of a member
3    or holder of capital without the consent of the member or
4    holder of capital.
5        (15) The exchange in the regular course of business of
6    information between a savings bank and any commonly owned
7    affiliate of the savings bank, subject to the provisions
8    of the Financial Institutions Insurance Sales Law.
9        (16) The disclosure of financial records or
10    information as necessary to protect against or prevent
11    actual or potential fraud, unauthorized transactions,
12    claims, or other liability.
13        (17)(a) The disclosure of financial records or
14    information related to a private label credit program
15    between a financial institution and a private label party
16    in connection with that private label credit program. Such
17    information is limited to outstanding balance, available
18    credit, payment and performance and account history,
19    product references, purchase information, and information
20    related to the identity of the customer.
21        (b)(1) For purposes of this paragraph (17) of
22    subsection (c) of Section 4013, a "private label credit
23    program" means a credit program involving a financial
24    institution and a private label party that is used by a
25    customer of the financial institution and the private
26    label party primarily for payment for goods or services

 

 

HB4689 Engrossed- 22 -LRB102 24081 BMS 33302 b

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

 

 

HB4689 Engrossed- 23 -LRB102 24081 BMS 33302 b

1
CUSTOMER CONSENT AND AUTHORIZATION
2
FOR RELEASE OF FINANCIAL RECORDS

 
3I, ......................................., hereby authorize 
4       (Name of Customer) 
 
5............................................................. 
6(Name of Financial Institution)
 
7............................................................. 
8(Address of Financial Institution)
 
9to disclose the following financial records:
 
10any and all information concerning my deposit, savings, money
11market, certificate of deposit, individual retirement,
12retirement plan, 401(k) plan, incentive plan, employee benefit
13plan, mutual fund and loan accounts (including, but not
14limited to, any indebtedness or obligation for which I am a
15co-borrower, co-obligor, guarantor, or surety), and any and
16all other accounts in which I have an interest and any other
17information regarding me in the possession of the Financial
18Institution,
 
19to the Illinois Department of Human Services or the Illinois
20Department of Healthcare and Family Services, or both ("the

 

 

HB4689 Engrossed- 24 -LRB102 24081 BMS 33302 b

1Department"), for the following purpose(s):
 
2to aid in the initial determination or re-determination by the
3State of Illinois of my eligibility for Medicaid long-term
4care benefits, pursuant to applicable law.
 
5I understand that this Consent and Authorization may be
6revoked by me in writing at any time before my financial
7records, as described above, are disclosed, and that this
8Consent and Authorization is valid until the Financial
9Institution receives my written revocation. This Consent and
10Authorization shall constitute valid authorization for the
11Department identified above to inspect all such financial
12records set forth above, and to request and receive copies of
13such financial records from the Financial Institution (subject
14to such records search and reproduction reimbursement policies
15as the Financial Institution may have in place). An executed
16copy of this Consent and Authorization shall be sufficient and
17as good as the original and permission is hereby granted to
18honor a photostatic or electronic copy of this Consent and
19Authorization. Disclosure is strictly limited to the
20Department identified above and no other person or entity
21shall receive my financial records pursuant to this Consent
22and Authorization. By signing this form, I agree to indemnify
23and hold the Financial Institution harmless from any and all
24claims, demands, and losses, including reasonable attorneys

 

 

HB4689 Engrossed- 25 -LRB102 24081 BMS 33302 b

1fees and expenses, arising from or incurred in its reliance on
2this Consent and Authorization. As used herein, "Customer"
3shall mean "Member" if the Financial Institution is a credit
4union.
 
5....................... ...................... 
6(Date)                  (Signature of Customer)             
 
7                         ...................... 
8                         ...................... 
9                         (Address of Customer) 
 
10                         ...................... 
11                         (Customer's birth date) 
12                         (month/day/year) 
 
13The undersigned witness certifies that .................,
14known to me to be the same person whose name is subscribed as
15the customer to the foregoing Consent and Authorization,
16appeared before me and the notary public and acknowledged
17signing and delivering the instrument as his or her free and
18voluntary act for the uses and purposes therein set forth. I
19believe him or her to be of sound mind and memory. The
20undersigned witness also certifies that the witness is not an
21owner, operator, or relative of an owner or operator of a
22long-term care facility in which the customer is a patient or

 

 

HB4689 Engrossed- 26 -LRB102 24081 BMS 33302 b

1resident.
 
2Dated: ................. ...................... 
3                         (Signature of Witness) 
 
4                         ...................... 
5                         (Print Name of Witness) 
 
6                         ...................... 
7                         ...................... 
8                         (Address of Witness) 
 
9State of Illinois)
10                 ) ss.
11County of .......)
 
12The undersigned, a notary public in and for the above county
13and state, certifies that .........., known to me to be the
14same person whose name is subscribed as the customer to the
15foregoing Consent and Authorization, appeared before me
16together with the witness, .........., in person and
17acknowledged signing and delivering the instrument as the free
18and voluntary act of the customer for the uses and purposes
19therein set forth.
 
20Dated:.......................................................

 

 

HB4689 Engrossed- 27 -LRB102 24081 BMS 33302 b

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

 

 

HB4689 Engrossed- 28 -LRB102 24081 BMS 33302 b

1    be delivered to the Department within 10 days after
2    receiving a properly executed consent and authorization or
3    at the earliest practicable time thereafter if the
4    requested records cannot be delivered within 10 days, but
5    delivery may be delayed until the final reimbursement of
6    all costs is received by the savings bank. The savings
7    bank may honor a photostatic or electronic copy of a
8    properly executed consent and authorization.
9        (e) Nothing in this paragraph (18) shall impair,
10    abridge, or abrogate the right of a customer to:
11            (1) directly disclose his or her financial records
12        to the Department or any other person; or
13            (2) authorize his or her attorney or duly
14        appointed agent to request and obtain the customer's
15        financial records and disclose those financial records
16        to the Department.
17        (f) For purposes of this paragraph (18), "Department"
18    means the Department of Human Services and the Department
19    of Healthcare and Family Services or any successor
20    administrative agency of either agency.
21        (19) The furnishing of financial information to the
22    executor, executrix, administrator, or other lawful
23    representative of the estate of a customer.
24    (d) A savings bank may not disclose to any person, except
25to the member or holder of capital or his duly authorized
26agent, any financial records relating to that member or

 

 

HB4689 Engrossed- 29 -LRB102 24081 BMS 33302 b

1shareholder of the savings bank unless:
2        (1) the member or shareholder has authorized
3    disclosure to the person; or
4        (2) the financial records are disclosed in response to
5    a lawful subpoena, summons, warrant, citation to discover
6    assets, or court order that meets the requirements of
7    subsection (e) of this Section.
8    (e) A savings bank shall disclose financial records under
9subsection (d) of this Section pursuant to a lawful subpoena,
10summons, warrant, citation to discover assets, or court order
11only after the savings bank mails a copy of the subpoena,
12summons, warrant, citation to discover assets, or court order
13to the person establishing the relationship with the savings
14bank, if living, and otherwise, his personal representative,
15if known, at his last known address by first class mail,
16postage prepaid, unless the savings bank is specifically
17prohibited from notifying the person by order of court.
18    (f) Any officer or employee of a savings bank who
19knowingly and willfully furnishes financial records in
20violation of this Section is guilty of a business offense and,
21upon conviction, shall be fined not more than $1,000.
22    (g) Any person who knowingly and willfully induces or
23attempts to induce any officer or employee of a savings bank to
24disclose financial records in violation of this Section is
25guilty of a business offense and, upon conviction, shall be
26fined not more than $1,000.

 

 

HB4689 Engrossed- 30 -LRB102 24081 BMS 33302 b

1    (h) If any member or shareholder desires to communicate
2with the other members or shareholders of the savings bank
3with reference to any question pending or to be presented at an
4annual or special meeting, the savings bank shall give that
5person, upon request, a statement of the approximate number of
6members or shareholders entitled to vote at the meeting and an
7estimate of the cost of preparing and mailing the
8communication. The requesting member shall submit the
9communication to the Commissioner who, upon finding it to be
10appropriate and truthful, shall direct that it be prepared and
11mailed to the members upon the requesting member's or
12shareholder's payment or adequate provision for payment of the
13expenses of preparation and mailing.
14    (i) A savings bank shall be reimbursed for costs that are
15necessary and that have been directly incurred in searching
16for, reproducing, or transporting books, papers, records, or
17other data of a customer required to be reproduced pursuant to
18a lawful subpoena, warrant, citation to discover assets, or
19court order.
20    (j) Notwithstanding the provisions of this Section, a
21savings bank may sell or otherwise make use of lists of
22customers' names and addresses. All other information
23regarding a customer's account is subject to the disclosure
24provisions of this Section. At the request of any customer,
25that customer's name and address shall be deleted from any
26list that is to be sold or used in any other manner beyond

 

 

HB4689 Engrossed- 31 -LRB102 24081 BMS 33302 b

1identification of the customer's accounts.
2(Source: P.A. 99-143, eff. 7-27-15; 100-22, eff. 1-1-18;
3100-201, eff. 8-18-17; 100-664, eff. 1-1-19.)
 
4    Section 15. The Illinois Credit Union Act is amended by
5changing Section 10 as follows:
 
6    (205 ILCS 305/10)  (from Ch. 17, par. 4411)
7    Sec. 10. Credit union records; member financial records.
8    (1) A credit union shall establish and maintain books,
9records, accounting systems and procedures which accurately
10reflect its operations and which enable the Department to
11readily ascertain the true financial condition of the credit
12union and whether it is complying with this Act.
13    (2) A photostatic or photographic reproduction of any
14credit union records shall be admissible as evidence of
15transactions with the credit union.
16    (3)(a) For the purpose of this Section, the term
17"financial records" means any original, any copy, or any
18summary of (1) a document granting signature authority over an
19account, (2) a statement, ledger card or other record on any
20account which shows each transaction in or with respect to
21that account, (3) a check, draft or money order drawn on a
22financial institution or other entity or issued and payable by
23or through a financial institution or other entity, or (4) any
24other item containing information pertaining to any

 

 

HB4689 Engrossed- 32 -LRB102 24081 BMS 33302 b

1relationship established in the ordinary course of business
2between a credit union and its member, including financial
3statements or other financial information provided by the
4member.
5    (b) This Section does not prohibit:
6        (1) The preparation, examination, handling or
7    maintenance of any financial records by any officer,
8    employee or agent of a credit union having custody of such
9    records, or the examination of such records by a certified
10    public accountant engaged by the credit union to perform
11    an independent audit.
12        (2) The examination of any financial records by or the
13    furnishing of financial records by a credit union to any
14    officer, employee or agent of the Department, the National
15    Credit Union Administration, Federal Reserve board or any
16    insurer of share accounts for use solely in the exercise
17    of his duties as an officer, employee or agent.
18        (3) The publication of data furnished from financial
19    records relating to members where the data cannot be
20    identified to any particular customer of account.
21        (4) The making of reports or returns required under
22    Chapter 61 of the Internal Revenue Code of 1954.
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

 

 

HB4689 Engrossed- 33 -LRB102 24081 BMS 33302 b

1    (i) credit information between a credit union and other
2    credit unions 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 credit union and other
6    credit unions or financial institutions or commercial
7    enterprises for the purpose of conducting due diligence
8    pursuant to a merger or a purchase or sale of assets or
9    liabilities of the credit union.
10        (7) The furnishing of information to the appropriate
11    law enforcement authorities where the credit union
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 sequentia.
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, warrant
25    or court order.
26        (12) The furnishing of information in accordance with

 

 

HB4689 Engrossed- 34 -LRB102 24081 BMS 33302 b

1    the federal Personal Responsibility and Work Opportunity
2    Reconciliation Act of 1996. Any credit union 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    credit union a reasonable fee not to exceed its actual
6    cost incurred. A credit union 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 credit union 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 credit union 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 credit union that a member who is an
26    elderly person or person with a disability has been or may

 

 

HB4689 Engrossed- 35 -LRB102 24081 BMS 33302 b

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 credit union 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 elderly or disabled
12    person's assets or resources by undue influence, breach of
13    fiduciary relationship, intimidation, fraud, deception,
14    extortion, or the use of assets or resources in any manner
15    contrary to law. A credit union or person furnishing
16    information pursuant to this item (13) shall be entitled
17    to the same rights and protections as a person furnishing
18    information under the Adult Protective Services Act and
19    the Illinois Domestic Violence Act of 1986.
20        (14) The disclosure of financial records or
21    information as necessary to effect, administer, or enforce
22    a transaction requested or authorized by the member, or in
23    connection with:
24            (A) servicing or processing a financial product or
25        service requested or authorized by the member;
26            (B) maintaining or servicing a member's account

 

 

HB4689 Engrossed- 36 -LRB102 24081 BMS 33302 b

1        with the credit union; or
2            (C) a proposed or actual securitization or
3        secondary market sale (including sales of servicing
4        rights) related to a transaction of a member.
5        Nothing in this item (14), however, authorizes the
6    sale of the financial records or information of a member
7    without the consent of the member.
8        (15) The disclosure of financial records or
9    information as necessary to protect against or prevent
10    actual or potential fraud, unauthorized transactions,
11    claims, or other liability.
12        (16)(a) The disclosure of financial records or
13    information related to a private label credit program
14    between a financial institution and a private label party
15    in connection with that private label credit program. Such
16    information is limited to outstanding balance, available
17    credit, payment and performance and account history,
18    product references, purchase information, and information
19    related to the identity of the customer.
20        (b)(1) For purposes of this item (16), "private label
21    credit program" means a credit program involving a
22    financial institution and a private label party that is
23    used by a customer of the financial institution and the
24    private label party primarily for payment for goods or
25    services sold, manufactured, or distributed by a private
26    label party.

 

 

HB4689 Engrossed- 37 -LRB102 24081 BMS 33302 b

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

 

 

 

HB4689 Engrossed- 38 -LRB102 24081 BMS 33302 b

1I, ......................................., hereby authorize 
2       (Name of Customer) 
 
3............................................................. 
4(Name of Financial Institution)
 
5............................................................. 
6(Address of Financial Institution)
 
7to disclose the following financial records:
 
8any and all information concerning my deposit, savings, money
9market, certificate of deposit, individual retirement,
10retirement plan, 401(k) plan, incentive plan, employee benefit
11plan, mutual fund and loan accounts (including, but not
12limited to, any indebtedness or obligation for which I am a
13co-borrower, co-obligor, guarantor, or surety), and any and
14all other accounts in which I have an interest and any other
15information regarding me in the possession of the Financial
16Institution,
 
17to the Illinois Department of Human Services or the Illinois
18Department of Healthcare and Family Services, or both ("the
19Department"), for the following purpose(s):
 
20to aid in the initial determination or re-determination by the

 

 

HB4689 Engrossed- 39 -LRB102 24081 BMS 33302 b

1State of Illinois of my eligibility for Medicaid long-term
2care benefits, pursuant to applicable law.
 
3I understand that this Consent and Authorization may be
4revoked by me in writing at any time before my financial
5records, as described above, are disclosed, and that this
6Consent and Authorization is valid until the Financial
7Institution receives my written revocation. This Consent and
8Authorization shall constitute valid authorization for the
9Department identified above to inspect all such financial
10records set forth above, and to request and receive copies of
11such financial records from the Financial Institution (subject
12to such records search and reproduction reimbursement policies
13as the Financial Institution may have in place). An executed
14copy of this Consent and Authorization shall be sufficient and
15as good as the original and permission is hereby granted to
16honor a photostatic or electronic copy of this Consent and
17Authorization. Disclosure is strictly limited to the
18Department identified above and no other person or entity
19shall receive my financial records pursuant to this Consent
20and Authorization. By signing this form, I agree to indemnify
21and hold the Financial Institution harmless from any and all
22claims, demands, and losses, including reasonable attorneys
23fees and expenses, arising from or incurred in its reliance on
24this Consent and Authorization. As used herein, "Customer"
25shall mean "Member" if the Financial Institution is a credit

 

 

HB4689 Engrossed- 40 -LRB102 24081 BMS 33302 b

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

 

 

HB4689 Engrossed- 41 -LRB102 24081 BMS 33302 b

1                         (Signature of Witness) 
 
2                         ...................... 
3                         (Print Name of Witness) 
 
4                         ...................... 
5                         ...................... 
6                         (Address of Witness) 
 
7State of Illinois)
8                 ) ss.
9County of .......)
 
10The undersigned, a notary public in and for the above county
11and state, certifies that .........., known to me to be the
12same person whose name is subscribed as the customer to the
13foregoing Consent and Authorization, appeared before me
14together with the witness, .........., in person and
15acknowledged signing and delivering the instrument as the free
16and voluntary act of the customer for the uses and purposes
17therein set forth.
 
18Dated:.......................................................
19Notary Public:...............................................
20My commission expires:.......................................
 

 

 

HB4689 Engrossed- 42 -LRB102 24081 BMS 33302 b

1        (b) In no event shall the credit union distribute the
2    member's financial records to the long-term care facility
3    from which the member seeks initial or continuing
4    residency or long-term care services.
5        (c) A credit union providing financial records of a
6    member in good faith relying on a consent and
7    authorization executed and tendered in accordance with
8    this item (17) shall not be liable to the member or any
9    other person in relation to the credit union's disclosure
10    of the member's financial records to the Department. The
11    member signing the consent and authorization shall
12    indemnify and hold the credit union harmless that relies
13    in good faith upon the consent and authorization and
14    incurs a loss because of such reliance. The credit union
15    recovering under this indemnification provision shall also
16    be entitled to reasonable attorney's fees and the expenses
17    of recovery.
18        (d) A credit union shall be reimbursed by the member
19    for all costs reasonably necessary and directly incurred
20    in searching for, reproducing, and disclosing a member's
21    financial records required or requested to be produced
22    pursuant to any consent and authorization executed under
23    this item (17). The requested financial records shall be
24    delivered to the Department within 10 days after receiving
25    a properly executed consent and authorization or at the
26    earliest practicable time thereafter if the requested

 

 

HB4689 Engrossed- 43 -LRB102 24081 BMS 33302 b

1    records cannot be delivered within 10 days, but delivery
2    may be delayed until the final reimbursement of all costs
3    is received by the credit union. The credit union may
4    honor a photostatic or electronic copy of a properly
5    executed consent and authorization.
6        (e) Nothing in this item (17) shall impair, abridge,
7    or abrogate the right of a member to:
8            (1) directly disclose his or her financial records
9        to the Department or any other person; or
10            (2) authorize his or her attorney or duly
11        appointed agent to request and obtain the member's
12        financial records and disclose those financial records
13        to the Department.
14        (f) For purposes of this item (17), "Department" means
15    the Department of Human Services and the Department of
16    Healthcare and Family Services or any successor
17    administrative agency of either agency.
18        (18) The furnishing of the financial records of a
19    member to an appropriate law enforcement authority,
20    without prior notice to or consent of the member, upon
21    written request of the law enforcement authority, when
22    reasonable suspicion of an imminent threat to the personal
23    security and safety of the member exists that necessitates
24    an expedited release of the member's financial records, as
25    determined by the law enforcement authority. The law
26    enforcement authority shall include a brief explanation of

 

 

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1    the imminent threat to the member in its written request
2    to the credit union. The written request shall reflect
3    that it has been authorized by a supervisory or managerial
4    official of the law enforcement authority. The decision to
5    furnish the financial records of a member to a law
6    enforcement authority shall be made by a supervisory or
7    managerial official of the credit union. A credit union
8    providing information in accordance with this item (18)
9    shall not be liable to the member or any other person for
10    the disclosure of the information to the law enforcement
11    authority.
12        (19) The furnishing of financial information to the
13    executor, executrix, administrator, or other lawful
14    representative of the estate of a member.
15    (c) Except as otherwise provided by this Act, a credit
16union may not disclose to any person, except to the member or
17his duly authorized agent, any financial records relating to
18that member of the credit union unless:
19        (1) the member has authorized disclosure to the
20    person;
21        (2) the financial records are disclosed in response to
22    a lawful subpoena, summons, warrant, citation to discover
23    assets, or court order that meets the requirements of
24    subparagraph (3)(d) of this Section; or
25        (3) the credit union is attempting to collect an
26    obligation owed to the credit union and the credit union

 

 

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1    complies with the provisions of Section 2I of the Consumer
2    Fraud and Deceptive Business Practices Act.
3    (d) A credit union shall disclose financial records under
4item (3)(c)(2) of this Section pursuant to a lawful subpoena,
5summons, warrant, citation to discover assets, or court order
6only after the credit union mails a copy of the subpoena,
7summons, warrant, citation to discover assets, or court order
8to the person establishing the relationship with the credit
9union, if living, and otherwise his personal representative,
10if known, at his last known address by first class mail,
11postage prepaid unless the credit union is specifically
12prohibited from notifying the person by order of court or by
13applicable State or federal law. In the case of a grand jury
14subpoena, a credit union shall not mail a copy of a subpoena to
15any person pursuant to this subsection if the subpoena was
16issued by a grand jury under the Statewide Grand Jury Act or
17notifying the person would constitute a violation of the
18federal Right to Financial Privacy Act of 1978.
19    (e)(1) Any officer or employee of a credit union who
20knowingly and willfully furnishes financial records in
21violation of this Section is guilty of a business offense and
22upon conviction thereof shall be fined not more than $1,000.
23    (2) Any person who knowingly and willfully induces or
24attempts to induce any officer or employee of a credit union to
25disclose financial records in violation of this Section is
26guilty of a business offense and upon conviction thereof shall

 

 

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1be fined not more than $1,000.
2    (f) A credit union shall be reimbursed for costs which are
3reasonably necessary and which have been directly incurred in
4searching for, reproducing or transporting books, papers,
5records or other data of a member required or requested to be
6produced pursuant to a lawful subpoena, summons, warrant,
7citation to discover assets, or court order. The Secretary and
8the Director may determine, by rule, the rates and conditions
9under which payment shall be made. Delivery of requested
10documents may be delayed until final reimbursement of all
11costs is received.
12(Source: P.A. 100-22, eff. 1-1-18; 100-664, eff. 1-1-19;
13100-778, eff. 8-10-18; 101-81, eff. 7-12-19.)
 
14    Section 20. The Financial Institutions Electronic
15Documents and Digital Signature Act is amended by changing
16Section 10 as follows:
 
17    (205 ILCS 705/10)
18    Sec. 10. Electronic documents; digital signatures;
19electronic notices.
20    (a) Electronic documents. If in the regular course of
21business, a financial institution possesses, records, or
22generates any document, representation, image, substitute
23check, reproduction, or combination thereof, of any agreement,
24transaction, act, occurrence, or event by any electronic or

 

 

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1computer-generated process that accurately reproduces,
2comprises, or records the agreement, transaction, act,
3occurrence, or event, the recording, comprising, or
4reproduction shall have the same force and effect under the
5laws of this State as one comprised, recorded, or created on
6paper or other tangible form by writing, typing, printing, or
7similar means.
8    (b) Digital signatures. In any communication,
9acknowledgement, agreement, or contract between a financial
10institution and its customer, in which a signature is required
11or used, any party to the communication, acknowledgement,
12agreement, or contract may affix a signature by use of a
13digital signature, and the digital signature, when lawfully
14used by the person whose signature it purports to be, shall
15have the same force and effect as the use of a manual signature
16if it is unique to the person using it, is capable of
17verification, is under the sole control of the person using
18it, and is linked to data in such a manner that if the data are
19changed, the digital signature is invalidated. Nothing in this
20Section shall require any financial institution or customer to
21use or permit the use of a digital signature.
22    (c) Electronic notices.
23        (1) Consent to electronic records. If a statute,
24    regulation, or other rule of law requires that information
25    relating to a transaction or transactions in or affecting
26    intrastate commerce in this State be provided or made

 

 

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1    available by a financial institution to a consumer in
2    writing, the use of an electronic record to provide or
3    make available that information satisfies the requirement
4    that the information be in writing if:
5            (A) the consumer has affirmatively consented to
6        the use of an electronic record to provide or make
7        available that information and has not withdrawn
8        consent;
9            (B) the consumer, prior to consenting, is provided
10        with a clear and conspicuous statement:
11                (i) informing the consumer of:
12                    (I) any right or option of the consumer to
13                have the record provided or made available on
14                paper or in nonelectronic form, and
15                    (II) the right of the consumer to withdraw
16                the consent to have the record provided or
17                made available in an electronic form and of
18                any conditions, consequences (which may
19                include termination of the parties'
20                relationship), or fees in the event of a
21                withdrawal of consent;
22                (ii) informing the consumer of whether the
23            consent applies:
24                    (I) only to the particular transaction
25                that gave rise to the obligation to provide
26                the record, or

 

 

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

 

 

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1        software requirements needed to access or retain
2        electronic records creates a material risk that the
3        consumer will not be able to access or retain a
4        subsequent electronic record that was the subject of
5        the consent, the person providing the electronic
6        record:
7                (i) provides the consumer with a statement of:
8                    (I) the revised hardware and software
9                requirements for access to and retention of
10                the electronic records, and
11                    (II) the right to withdraw consent without
12                the imposition of any fees for the withdrawal
13                and without the imposition of any condition or
14                consequence that was not disclosed under
15                subparagraph (B)(i); and
16                (ii) again complies with subparagraph (C).
17        (2) Other rights.
18            (A) Preservation of consumer protections. Nothing
19        in this subsection (c) affects the content or timing
20        of any disclosure or other record required to be
21        provided or made available to any consumer under any
22        statute, regulation, or other rule of law.
23            (B) Verification or acknowledgment. If a law that
24        was enacted prior to this amendatory Act of the 95th
25        General Assembly expressly requires a record to be
26        provided or made available by a specified method that

 

 

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1        requires verification or acknowledgment of receipt,
2        the record may be provided or made available
3        electronically only if the method used provides the
4        required verification or acknowledgment of receipt.
5        (2.5) Consent to electronic transactions given by the
6    customer pursuant to the federal Electronic Signatures in
7    Global and National Commerce Act, 15 U.S.C. 7001, shall
8    satisfy the consent requirements of this Act.
9        (3) Effect of failure to obtain electronic consent or
10    confirmation of consent. The legal effectiveness,
11    validity, or enforceability of any contract executed by a
12    consumer shall not be denied solely because of the failure
13    to obtain electronic consent or confirmation of consent by
14    that consumer in accordance with paragraph (1)(C)(ii).
15        (4) Prospective effect. Withdrawal of consent by a
16    consumer shall not affect the legal effectiveness,
17    validity, or enforceability of electronic records provided
18    or made available to that consumer in accordance with
19    paragraph (1) prior to implementation of the consumer's
20    withdrawal of consent. A consumer's withdrawal of consent
21    shall be effective within a reasonable period of time
22    after receipt of the withdrawal by the provider of the
23    record. Failure to comply with paragraph (1)(D) may, at
24    the election of the consumer, be treated as a withdrawal
25    of consent for purposes of this paragraph.
26        (5) Prior consent. This subsection does not apply to

 

 

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1    any records that are provided or made available to a
2    consumer who has consented prior to the effective date of
3    this amendatory Act of the 95th General Assembly to
4    receive the records in electronic form as permitted by any
5    statute, regulation, or other rule of law.
6        (6) Oral communications. An oral communication or a
7    recording of an oral communication shall not qualify as an
8    electronic record for purposes of this subsection (c),
9    except as otherwise provided under applicable law.
10(Source: P.A. 94-458, eff. 8-4-05; 95-77, eff. 8-13-07.)
 
11    Section 25. The Probate Act of 1975 is amended by changing
12Section 6-15 as follows:
 
13    (755 ILCS 5/6-15)  (from Ch. 110 1/2, par. 6-15)
14    Sec. 6-15. Executor to administer all estate of decedent.)
15    (a) The executor or the administrator with the will
16annexed shall administer all the testate and intestate estate
17of the decedent.
18    (b) Any person doing business or performing transactions
19on behalf of or at the direction of an executor or
20administrator with the will annexed shall be entitled to the
21presumption that the executor or administrator with the will
22annexed is lawfully authorized to conduct the business or
23perform the transaction without such person investigating the
24source of the authority and without verifying that the actions

 

 

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1of the executor or administrator with the will annexed comply
2with a will or any order of the probate court, unless such
3person has actual knowledge to the contrary.
4(Source: P.A. 79-328.)