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| | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1777 Introduced 2/5/2025, by Sen. Mark L. Walker SYNOPSIS AS INTRODUCED: | | | Amends the Illinois Banking Act. In provisions concerning customer financial records and confidentiality, provides that the language does not prohibit the furnishing of financial information to the executor, executrix, administrator, or other lawful representative of the estate of a customer. Amends the Savings Bank Act and the Illinois Credit Union Act to make the same changes. Amends the Illinois Credit Union Act. Amends the Illinois Trust and Payable on Death Accounts Act. Provides that any holder of an account may elect a per stirpes distribution option to the descendants of a natural person beneficiary if the beneficiary predeceases the last surviving holder of the account. Makes other changes. Amends the Financial Institutions Electronic Documents and Digital Signature Act. In provisions concerning electronic notices, provides that consent to electronic transactions given by the customer under the federal Electronic Signatures in Global and National Commerce Act satisfies applicable consent requirements. Amends the Probate Act of 1975. Provides that any person doing business or performing transactions on behalf of or at the direction of an executor or administrator with a will annexed is entitled to the presumption that the executor or administrator is lawfully authorized to conduct the business or perform the transaction as long as the person verifies that the letters testamentary or administration was issued by the court solely to the executor or administrator. Provides that if the letters testamentary or administration with the will annexed provide for co-executors or co-administrators, the person is entitled to the presumption only when the business or transaction is performed on behalf or at the direction of all listed executors or administrators in the letters. Provides that any person, corporation, or financial institution that conducts business or performs transactions on behalf of or at the direction of an executor or administrator with the will annexed is fully protected and released from liability if the person bases the presumption on the verification of the letters testamentary or administration with the will annexed. |
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| | A BILL FOR |
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1 | | AN ACT concerning finances. |
2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly: |
4 | | Section 5. The Illinois Banking Act is amended by changing |
5 | | 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 |
9 | | records" 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 |
7 | | I, ....................................... , hereby authorize |
8 | | (Name of Customer) |
9 | | ............................................................. |
10 | | (Name of Financial Institution) |
11 | | ............................................................. |
12 | | (Address of Financial Institution) |
13 | | to disclose the following financial records: |
14 | | any and all information concerning my deposit, savings, money |
15 | | market, certificate of deposit, individual retirement, |
16 | | retirement plan, 401(k) plan, incentive plan, employee benefit |
17 | | plan, mutual fund and loan accounts (including, but not |
18 | | limited to, any indebtedness or obligation for which I am a |
19 | | co-borrower, co-obligor, guarantor, or surety), and any and |
20 | | all other accounts in which I have an interest and any other |
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1 | | information regarding me in the possession of the Financial |
2 | | Institution, |
3 | | to the Illinois Department of Human Services or the Illinois |
4 | | Department of Healthcare and Family Services, or both ("the |
5 | | Department"), for the following purpose(s): |
6 | | to aid in the initial determination or re-determination by the |
7 | | State of Illinois of my eligibility for Medicaid long-term |
8 | | care benefits, pursuant to applicable law. |
9 | | I understand that this Consent and Authorization may be |
10 | | revoked by me in writing at any time before my financial |
11 | | records, as described above, are disclosed, and that this |
12 | | Consent and Authorization is valid until the Financial |
13 | | Institution receives my written revocation. This Consent and |
14 | | Authorization shall constitute valid authorization for the |
15 | | Department identified above to inspect all such financial |
16 | | records set forth above, and to request and receive copies of |
17 | | such financial records from the Financial Institution (subject |
18 | | to such records search and reproduction reimbursement policies |
19 | | as the Financial Institution may have in place). An executed |
20 | | copy of this Consent and Authorization shall be sufficient and |
21 | | as good as the original and permission is hereby granted to |
22 | | honor a photostatic or electronic copy of this Consent and |
23 | | Authorization. Disclosure is strictly limited to the |
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1 | | Department identified above and no other person or entity |
2 | | shall receive my financial records pursuant to this Consent |
3 | | and Authorization. By signing this form, I agree to indemnify |
4 | | and hold the Financial Institution harmless from any and all |
5 | | claims, demands, and losses, including reasonable attorneys |
6 | | fees and expenses, arising from or incurred in its reliance on |
7 | | this Consent and Authorization. As used herein, "Customer" |
8 | | shall mean "Member" if the Financial Institution is a credit |
9 | | union. |
10 | | ....................... ...................... |
11 | | (Date) (Signature of Customer) |
12 | | ...................... |
13 | | ...................... |
14 | | (Address of Customer) |
15 | | ...................... |
16 | | (Customer's birth date) |
17 | | (month/day/year) |
18 | | The undersigned witness certifies that ................., |
19 | | known to me to be the same person whose name is subscribed as |
20 | | the customer to the foregoing Consent and Authorization, |
21 | | appeared before me and the notary public and acknowledged |
22 | | signing and delivering the instrument as his or her free and |
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1 | | voluntary act for the uses and purposes therein set forth. I |
2 | | believe him or her to be of sound mind and memory. The |
3 | | undersigned witness also certifies that the witness is not an |
4 | | owner, operator, or relative of an owner or operator of a |
5 | | long-term care facility in which the customer is a patient or |
6 | | resident. |
7 | | Dated: ................. ...................... |
8 | | (Signature of Witness) |
9 | | ...................... |
10 | | (Print Name of Witness) |
11 | | ...................... |
12 | | ...................... |
13 | | (Address of Witness) |
14 | | State of Illinois) |
15 | | ) ss. |
16 | | County of .......) |
17 | | The undersigned, a notary public in and for the above county |
18 | | and state, certifies that .........., known to me to be the |
19 | | same person whose name is subscribed as the customer to the |
20 | | foregoing Consent and Authorization, appeared before me |
21 | | together with the witness, .........., in person and |
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1 | | acknowledged signing and delivering the instrument as the free |
2 | | and voluntary act of the customer for the uses and purposes |
3 | | therein set forth. |
4 | | Dated: ....................................................... |
5 | | Notary Public: ............................................... |
6 | | My 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 |
3 | | not disclose to any person, except to the customer or his duly |
4 | | authorized agent, any financial records or financial |
5 | | information obtained from financial records relating to that |
6 | | customer 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 |
18 | | paragraph (2) of subsection (c) of this Section under a lawful |
19 | | subpoena, summons, warrant, citation to discover assets, or |
20 | | court order only after the bank sends a copy of the subpoena, |
21 | | summons, warrant, citation to discover assets, or court order |
22 | | to the person establishing the relationship with the bank, if |
23 | | living, and, otherwise the person's personal representative, |
24 | | if known, at the person's last known address by first class |
25 | | mail, postage prepaid, through a third-party commercial |
26 | | carrier or courier with delivery charge fully prepaid, by hand |
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1 | | delivery, or by electronic delivery at an email address on |
2 | | file with the bank (if the person establishing the |
3 | | relationship with the bank has consented to receive electronic |
4 | | delivery and, if the person establishing the relationship with |
5 | | the bank is a consumer, the person has consented under the |
6 | | consumer consent provisions set forth in Section 7001 of Title |
7 | | 15 of the United States Code), unless the bank is specifically |
8 | | prohibited from notifying the person by order of court or by |
9 | | applicable State or federal law. A bank shall not mail a copy |
10 | | of a subpoena to any person pursuant to this subsection if the |
11 | | subpoena was issued by a grand jury under the Statewide Grand |
12 | | Jury Act. |
13 | | (e) Any officer or employee of a bank who knowingly and |
14 | | willfully furnishes financial records in violation of this |
15 | | Section is guilty of a business offense and, upon conviction, |
16 | | shall be fined not more than $1,000. |
17 | | (f) Any person who knowingly and willfully induces or |
18 | | attempts to induce any officer or employee of a bank to |
19 | | disclose financial records in violation of this Section is |
20 | | guilty of a business offense and, upon conviction, shall be |
21 | | fined not more than $1,000. |
22 | | (g) A bank shall be reimbursed for costs that are |
23 | | reasonably necessary and that have been directly incurred in |
24 | | searching for, reproducing, or transporting books, papers, |
25 | | records, or other data required or requested to be produced |
26 | | pursuant to a lawful subpoena, summons, warrant, citation to |
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1 | | discover assets, or court order. The Commissioner shall |
2 | | determine the rates and conditions under which payment may be |
3 | | made. |
4 | | (Source: P.A. 101-81, eff. 7-12-19; 102-873, eff. 5-13-22.) |
5 | | Section 10. The Savings Bank Act is amended by changing |
6 | | Section 4013 as follows: |
7 | | (205 ILCS 205/4013) (from Ch. 17, par. 7304-13) |
8 | | Sec. 4013. Access to books and records; communication with |
9 | | members and shareholders. |
10 | | (a) Every member or shareholder shall have the right to |
11 | | inspect books and records of the savings bank that pertain to |
12 | | his accounts. Otherwise, the right of inspection and |
13 | | examination of the books and records shall be limited as |
14 | | provided in this Act, and no other person shall have access to |
15 | | the books and records nor shall be entitled to a list of the |
16 | | members or shareholders. |
17 | | (b) For the purpose of this Section, the term "financial |
18 | | records" means any original, any copy, or any summary of (1) a |
19 | | document granting signature authority over a deposit or |
20 | | account; (2) a statement, ledger card, or other record on any |
21 | | deposit or account that shows each transaction in or with |
22 | | respect to that account; (3) a check, draft, or money order |
23 | | drawn on a savings bank or issued and payable by a savings |
24 | | bank; or (4) any other item containing information pertaining |
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1 | | to any relationship established in the ordinary course of a |
2 | | savings bank's business between a savings bank and its |
3 | | customer, including financial statements or other financial |
4 | | information provided by the member or shareholder. |
5 | | (c) 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 savings bank having custody of |
9 | | records or examination of records by a certified public |
10 | | accountant engaged by the savings bank to perform an |
11 | | independent audit. |
12 | | (2) The examination of any financial records by, or |
13 | | the furnishing of financial records by a savings bank to, |
14 | | any officer, employee, or agent of the Commissioner of |
15 | | Banks and Real Estate or the federal depository |
16 | | institution regulator for use solely in the exercise of |
17 | | his duties as an officer, employee, or agent. |
18 | | (3) The publication of data furnished from financial |
19 | | records relating to members or holders of capital where |
20 | | the data cannot be identified to any particular member, |
21 | | shareholder, or account. |
22 | | (4) The making of reports or returns required under |
23 | | Chapter 61 of the Internal Revenue Code of 1986. |
24 | | (5) Furnishing information concerning the dishonor of |
25 | | any negotiable instrument permitted to be disclosed under |
26 | | the Uniform Commercial Code. |
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1 | | (6) The exchange in the regular course of business of |
2 | | (i) credit information between a savings bank and other |
3 | | savings banks or financial institutions or commercial |
4 | | enterprises, directly or through a consumer reporting |
5 | | agency or (ii) financial records or information derived |
6 | | from financial records between a savings bank and other |
7 | | savings banks or financial institutions or commercial |
8 | | enterprises for the purpose of conducting due diligence |
9 | | pursuant to a purchase or sale involving the savings bank |
10 | | or assets or liabilities of the savings bank. |
11 | | (7) The furnishing of information to the appropriate |
12 | | law enforcement authorities where the savings bank |
13 | | reasonably believes it has been the victim of a crime. |
14 | | (8) The furnishing of information pursuant to the |
15 | | Revised Uniform Unclaimed Property Act. |
16 | | (9) The furnishing of information pursuant to the |
17 | | Illinois Income Tax Act and the Illinois Estate and |
18 | | Generation-Skipping Transfer Tax Act. |
19 | | (10) The furnishing of information pursuant to the |
20 | | federal Currency and Foreign Transactions Reporting Act, |
21 | | (Title 31, United States Code, Section 1051 et seq.). |
22 | | (11) The furnishing of information pursuant to any |
23 | | other statute which by its terms or by regulations |
24 | | promulgated thereunder requires the disclosure of |
25 | | financial records other than by subpoena, summons, |
26 | | warrant, or court order. |
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1 | | (12) The furnishing of information in accordance with |
2 | | the federal Personal Responsibility and Work Opportunity |
3 | | Reconciliation Act of 1996. Any savings bank governed by |
4 | | this Act shall enter into an agreement for data exchanges |
5 | | with a State agency provided the State agency pays to the |
6 | | savings bank a reasonable fee not to exceed its actual |
7 | | cost incurred. A savings bank providing information in |
8 | | accordance with this item shall not be liable to any |
9 | | account holder or other person for any disclosure of |
10 | | information to a State agency, for encumbering or |
11 | | surrendering any assets held by the savings bank in |
12 | | response to a lien or order to withhold and deliver issued |
13 | | by a State agency, or for any other action taken pursuant |
14 | | to this item, including individual or mechanical errors, |
15 | | provided the action does not constitute gross negligence |
16 | | or willful misconduct. A savings bank shall have no |
17 | | obligation to hold, encumber, or surrender assets until it |
18 | | has been served with a subpoena, summons, warrant, court |
19 | | or administrative order, lien, or levy. |
20 | | (13) The furnishing of information to law enforcement |
21 | | authorities, the Illinois Department on Aging and its |
22 | | regional administrative and provider agencies, the |
23 | | Department of Human Services Office of Inspector General, |
24 | | or public guardians: (i) upon subpoena by the |
25 | | investigatory entity or the guardian, or (ii) if there is |
26 | | suspicion by the savings bank that a customer who is an |
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1 | | elderly person or person with a disability has been or may |
2 | | become the victim of financial exploitation. For the |
3 | | purposes of this item (13), the term: (i) "elderly person" |
4 | | means a person who is 60 or more years of age, (ii) "person |
5 | | with a disability" means a person who has or reasonably |
6 | | appears to the savings bank to have a physical or mental |
7 | | disability that impairs his or her ability to seek or |
8 | | obtain protection from or prevent financial exploitation, |
9 | | and (iii) "financial exploitation" means tortious or |
10 | | illegal use of the assets or resources of an elderly |
11 | | person or person with a disability, and includes, without |
12 | | limitation, misappropriation of the assets or resources of |
13 | | the elderly person or person with a disability by undue |
14 | | influence, breach of fiduciary relationship, intimidation, |
15 | | fraud, deception, extortion, or the use of assets or |
16 | | resources in any manner contrary to law. A savings bank or |
17 | | person furnishing information pursuant to this item (13) |
18 | | shall be entitled to the same rights and protections as a |
19 | | person furnishing information under the Adult Protective |
20 | | Services Act and the Illinois Domestic Violence Act of |
21 | | 1986. |
22 | | (14) The disclosure of financial records or |
23 | | information as necessary to effect, administer, or enforce |
24 | | a transaction requested or authorized by the member or |
25 | | holder of capital, or in connection with: |
26 | | (A) servicing or processing a financial product or |
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1 | | service requested or authorized by the member or |
2 | | holder of capital; |
3 | | (B) maintaining or servicing an account of a |
4 | | member or holder of capital with the savings bank; or |
5 | | (C) a proposed or actual securitization or |
6 | | secondary market sale (including sales of servicing |
7 | | rights) related to a transaction of a member or holder |
8 | | of capital. |
9 | | Nothing in this item (14), however, authorizes the |
10 | | sale of the financial records or information of a member |
11 | | or holder of capital without the consent of the member or |
12 | | holder of capital. |
13 | | (15) The exchange in the regular course of business of |
14 | | information between a savings bank and any commonly owned |
15 | | affiliate of the savings bank, subject to the provisions |
16 | | of the Financial Institutions Insurance Sales Law. |
17 | | (16) The disclosure of financial records or |
18 | | information as necessary to protect against or prevent |
19 | | actual or potential fraud, unauthorized transactions, |
20 | | claims, or other liability. |
21 | | (17)(a) The disclosure of financial records or |
22 | | information related to a private label credit program |
23 | | between a financial institution and a private label party |
24 | | in connection with that private label credit program. Such |
25 | | information is limited to outstanding balance, available |
26 | | credit, payment and performance and account history, |
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1 | | product references, purchase information, and information |
2 | | related to the identity of the customer. |
3 | | (b)(1) For purposes of this paragraph (17) of |
4 | | subsection (c) of Section 4013, a "private label credit |
5 | | program" means a credit program involving a financial |
6 | | institution and a private label party that is used by a |
7 | | customer of the financial institution and the private |
8 | | label party primarily for payment for goods or services |
9 | | sold, manufactured, or distributed by a private label |
10 | | party. |
11 | | (2) For purposes of this paragraph (17) of subsection |
12 | | (c) of Section 4013, a "private label party" means, with |
13 | | respect to a private label credit program, any of the |
14 | | following: a retailer, a merchant, a manufacturer, a trade |
15 | | group, or any such person's affiliate, subsidiary, member, |
16 | | agent, or service provider. |
17 | | (18)(a) The furnishing of financial records of a |
18 | | customer to the Department to aid the Department's initial |
19 | | determination or subsequent re-determination of the |
20 | | customer's eligibility for Medicaid and Medicaid long-term |
21 | | care benefits for long-term care services, provided that |
22 | | the savings bank receives the written consent and |
23 | | authorization of the customer, which shall: |
24 | | (1) have the customer's signature notarized; |
25 | | (2) be signed by at least one witness who |
26 | | certifies that he or she believes the customer to be of |
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1 | | sound mind and memory; |
2 | | (3) be tendered to the savings bank at the |
3 | | earliest practicable time following its execution, |
4 | | certification, and notarization; |
5 | | (4) specifically limit the disclosure of the |
6 | | customer's financial records to the Department; and |
7 | | (5) be in substantially the following form: |
8 | | CUSTOMER CONSENT AND AUTHORIZATION |
9 | | FOR RELEASE OF FINANCIAL RECORDS |
10 | | I, ....................................... , hereby authorize |
11 | | (Name of Customer) |
12 | | ............................................................. |
13 | | (Name of Financial Institution) |
14 | | ............................................................. |
15 | | (Address of Financial Institution) |
16 | | to disclose the following financial records: |
17 | | any and all information concerning my deposit, savings, money |
18 | | market, certificate of deposit, individual retirement, |
19 | | retirement plan, 401(k) plan, incentive plan, employee benefit |
20 | | plan, mutual fund and loan accounts (including, but not |
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| | SB1777 | - 24 - | LRB104 09558 JRC 19621 b |
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1 | | limited to, any indebtedness or obligation for which I am a |
2 | | co-borrower, co-obligor, guarantor, or surety), and any and |
3 | | all other accounts in which I have an interest and any other |
4 | | information regarding me in the possession of the Financial |
5 | | Institution, |
6 | | to the Illinois Department of Human Services or the Illinois |
7 | | Department of Healthcare and Family Services, or both ("the |
8 | | Department"), for the following purpose(s): |
9 | | to aid in the initial determination or re-determination by the |
10 | | State of Illinois of my eligibility for Medicaid long-term |
11 | | care benefits, pursuant to applicable law. |
12 | | I understand that this Consent and Authorization may be |
13 | | revoked by me in writing at any time before my financial |
14 | | records, as described above, are disclosed, and that this |
15 | | Consent and Authorization is valid until the Financial |
16 | | Institution receives my written revocation. This Consent and |
17 | | Authorization shall constitute valid authorization for the |
18 | | Department identified above to inspect all such financial |
19 | | records set forth above, and to request and receive copies of |
20 | | such financial records from the Financial Institution (subject |
21 | | to such records search and reproduction reimbursement policies |
22 | | as the Financial Institution may have in place). An executed |
23 | | copy of this Consent and Authorization shall be sufficient and |
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| | SB1777 | - 25 - | LRB104 09558 JRC 19621 b |
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1 | | as good as the original and permission is hereby granted to |
2 | | honor a photostatic or electronic copy of this Consent and |
3 | | Authorization. Disclosure is strictly limited to the |
4 | | Department identified above and no other person or entity |
5 | | shall receive my financial records pursuant to this Consent |
6 | | and Authorization. By signing this form, I agree to indemnify |
7 | | and hold the Financial Institution harmless from any and all |
8 | | claims, demands, and losses, including reasonable attorneys |
9 | | fees and expenses, arising from or incurred in its reliance on |
10 | | this Consent and Authorization. As used herein, "Customer" |
11 | | shall mean "Member" if the Financial Institution is a credit |
12 | | union. |
13 | | ....................... ...................... |
14 | | (Date) (Signature of Customer) |
15 | | ...................... |
16 | | ...................... |
17 | | (Address of Customer) |
18 | | ...................... |
19 | | (Customer's birth date) |
20 | | (month/day/year) |
21 | | The undersigned witness certifies that ................., |
22 | | known to me to be the same person whose name is subscribed as |
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1 | | the customer to the foregoing Consent and Authorization, |
2 | | appeared before me and the notary public and acknowledged |
3 | | signing and delivering the instrument as his or her free and |
4 | | voluntary act for the uses and purposes therein set forth. I |
5 | | believe him or her to be of sound mind and memory. The |
6 | | undersigned witness also certifies that the witness is not an |
7 | | owner, operator, or relative of an owner or operator of a |
8 | | long-term care facility in which the customer is a patient or |
9 | | resident. |
10 | | Dated: ................. ...................... |
11 | | (Signature of Witness) |
12 | | ...................... |
13 | | (Print Name of Witness) |
14 | | ...................... |
15 | | ...................... |
16 | | (Address of Witness) |
17 | | State of Illinois) |
18 | | ) ss. |
19 | | County of .......) |
20 | | The undersigned, a notary public in and for the above county |
21 | | and state, certifies that .........., known to me to be the |
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1 | | same person whose name is subscribed as the customer to the |
2 | | foregoing Consent and Authorization, appeared before me |
3 | | together with the witness, .........., in person and |
4 | | acknowledged signing and delivering the instrument as the free |
5 | | and voluntary act of the customer for the uses and purposes |
6 | | therein set forth. |
7 | | Dated: ....................................................... |
8 | | Notary Public: ............................................... |
9 | | My commission expires: ....................................... |
10 | | (b) In no event shall the savings bank distribute the |
11 | | customer's financial records to the long-term care |
12 | | facility from which the customer seeks initial or |
13 | | continuing residency or long-term care services. |
14 | | (c) A savings bank providing financial records of a |
15 | | customer in good faith relying on a consent and |
16 | | authorization executed and tendered in accordance with |
17 | | this paragraph (18) shall not be liable to the customer or |
18 | | any other person in relation to the savings bank's |
19 | | disclosure of the customer's financial records to the |
20 | | Department. The customer signing the consent and |
21 | | authorization shall indemnify and hold the savings bank |
22 | | harmless that relies in good faith upon the consent and |
23 | | authorization and incurs a loss because of such reliance. |
24 | | The savings bank recovering under this indemnification |
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1 | | provision shall also be entitled to reasonable attorney's |
2 | | fees and the expenses of recovery. |
3 | | (d) A savings bank shall be reimbursed by the customer |
4 | | for all costs reasonably necessary and directly incurred |
5 | | in searching for, reproducing, and disclosing a customer's |
6 | | financial records required or requested to be produced |
7 | | pursuant to any consent and authorization executed under |
8 | | this paragraph (18). The requested financial records shall |
9 | | be delivered to the Department within 10 days after |
10 | | receiving a properly executed consent and authorization or |
11 | | at the earliest practicable time thereafter if the |
12 | | requested records cannot be delivered within 10 days, but |
13 | | delivery may be delayed until the final reimbursement of |
14 | | all costs is received by the savings bank. The savings |
15 | | bank may honor a photostatic or electronic copy of a |
16 | | properly executed consent and authorization. |
17 | | (e) Nothing in this paragraph (18) shall impair, |
18 | | abridge, or abrogate the right of a customer to: |
19 | | (1) directly disclose his or her financial records |
20 | | to the Department or any other person; or |
21 | | (2) authorize his or her attorney or duly |
22 | | appointed agent to request and obtain the customer's |
23 | | financial records and disclose those financial records |
24 | | to the Department. |
25 | | (f) For purposes of this paragraph (18), "Department" |
26 | | means the Department of Human Services and the Department |
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1 | | of Healthcare and Family Services or any successor |
2 | | administrative agency of either agency. |
3 | | (19) The furnishing of financial information to the |
4 | | executor, executrix, administrator, or other lawful |
5 | | representative of the estate of a customer. |
6 | | (d) A savings bank may not disclose to any person, except |
7 | | to the member or holder of capital or his duly authorized |
8 | | agent, any financial records relating to that member or |
9 | | shareholder of the savings bank unless: |
10 | | (1) the member or shareholder has authorized |
11 | | disclosure to the person; or |
12 | | (2) the financial records are disclosed in response to |
13 | | a lawful subpoena, summons, warrant, citation to discover |
14 | | assets, or court order that meets the requirements of |
15 | | subsection (e) of this Section. |
16 | | (e) A savings bank shall disclose financial records under |
17 | | subsection (d) of this Section pursuant to a lawful subpoena, |
18 | | summons, warrant, citation to discover assets, or court order |
19 | | only after the savings bank sends a copy of the subpoena, |
20 | | summons, warrant, citation to discover assets, or court order |
21 | | to the person establishing the relationship with the savings |
22 | | bank, if living, and otherwise, the person's personal |
23 | | representative, if known, at the person's last known address |
24 | | by first class mail, postage prepaid, through a third-party |
25 | | commercial carrier or courier with delivery charge fully |
26 | | prepaid, by hand delivery, or by electronic delivery at an |
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| | SB1777 | - 30 - | LRB104 09558 JRC 19621 b |
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1 | | email address on file with the savings bank (if the person |
2 | | establishing the relationship with the savings bank has |
3 | | consented to receive electronic delivery and, if the person |
4 | | establishing the relationship with the savings bank is a |
5 | | consumer, the person has consented under the consumer consent |
6 | | provisions set forth in Section 7001 of Title 15 of the United |
7 | | States Code), unless the savings bank is specifically |
8 | | prohibited from notifying the person by order of court. |
9 | | (f) Any officer or employee of a savings bank who |
10 | | knowingly and willfully furnishes financial records in |
11 | | violation of this Section is guilty of a business offense and, |
12 | | upon conviction, shall be fined not more than $1,000. |
13 | | (g) Any person who knowingly and willfully induces or |
14 | | attempts to induce any officer or employee of a savings bank to |
15 | | disclose financial records in violation of this Section is |
16 | | guilty of a business offense and, upon conviction, shall be |
17 | | fined not more than $1,000. |
18 | | (h) If any member or shareholder desires to communicate |
19 | | with the other members or shareholders of the savings bank |
20 | | with reference to any question pending or to be presented at an |
21 | | annual or special meeting, the savings bank shall give that |
22 | | person, upon request, a statement of the approximate number of |
23 | | members or shareholders entitled to vote at the meeting and an |
24 | | estimate of the cost of preparing and mailing the |
25 | | communication. The requesting member shall submit the |
26 | | communication to the Commissioner who, upon finding it to be |
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1 | | appropriate and truthful, shall direct that it be prepared and |
2 | | mailed to the members upon the requesting member's or |
3 | | shareholder's payment or adequate provision for payment of the |
4 | | expenses of preparation and mailing. |
5 | | (i) A savings bank shall be reimbursed for costs that are |
6 | | necessary and that have been directly incurred in searching |
7 | | for, reproducing, or transporting books, papers, records, or |
8 | | other data of a customer required to be reproduced pursuant to |
9 | | a lawful subpoena, warrant, citation to discover assets, or |
10 | | court order. |
11 | | (j) Notwithstanding the provisions of this Section, a |
12 | | savings bank may sell or otherwise make use of lists of |
13 | | customers' names and addresses. All other information |
14 | | regarding a customer's account is subject to the disclosure |
15 | | provisions of this Section. At the request of any customer, |
16 | | that customer's name and address shall be deleted from any |
17 | | list that is to be sold or used in any other manner beyond |
18 | | identification of the customer's accounts. |
19 | | (Source: P.A. 102-873, eff. 5-13-22.) |
20 | | Section 15. The Illinois Credit Union Act is amended by |
21 | | changing Section 10 as follows: |
22 | | (205 ILCS 305/10) (from Ch. 17, par. 4411) |
23 | | Sec. 10. Credit union records; member financial records. |
24 | | (1) A credit union shall establish and maintain books, |
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1 | | records, accounting systems and procedures which accurately |
2 | | reflect its operations and which enable the Department to |
3 | | readily ascertain the true financial condition of the credit |
4 | | union and whether it is complying with this Act. |
5 | | (2) A photostatic or photographic reproduction of any |
6 | | credit union records shall be admissible as evidence of |
7 | | transactions with the credit union. |
8 | | (3)(a) For the purpose of this Section, the term |
9 | | "financial records" means any original, any copy, or any |
10 | | summary of (1) a document granting signature authority over an |
11 | | account, (2) a statement, ledger card or other record on any |
12 | | account which shows each transaction in or with respect to |
13 | | that account, (3) a check, draft or money order drawn on a |
14 | | financial institution or other entity or issued and payable by |
15 | | or through a financial institution or other entity, or (4) any |
16 | | other item containing information pertaining to any |
17 | | relationship established in the ordinary course of business |
18 | | between a credit union and its member, including financial |
19 | | statements or other financial information provided by the |
20 | | member. |
21 | | (b) This Section does not prohibit: |
22 | | (1) The preparation, examination, handling or |
23 | | maintenance of any financial records by any officer, |
24 | | employee or agent of a credit union having custody of such |
25 | | records, or the examination of such records by a certified |
26 | | public accountant engaged by the credit union to perform |
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1 | | an independent audit. |
2 | | (2) The examination of any financial records by or the |
3 | | furnishing of financial records by a credit union to any |
4 | | officer, employee or agent of the Department, the National |
5 | | Credit Union Administration, Federal Reserve board or any |
6 | | insurer of share accounts for use solely in the exercise |
7 | | of his duties as an officer, employee or agent. |
8 | | (3) The publication of data furnished from financial |
9 | | records relating to members where the data cannot be |
10 | | identified to any particular customer of account. |
11 | | (4) The making of reports or returns required under |
12 | | Chapter 61 of the Internal Revenue Code of 1954. |
13 | | (5) Furnishing information concerning the dishonor of |
14 | | any negotiable instrument permitted to be disclosed under |
15 | | the Uniform Commercial Code. |
16 | | (6) The exchange in the regular course of business of |
17 | | (i) credit information between a credit union and other |
18 | | credit unions or financial institutions or commercial |
19 | | enterprises, directly or through a consumer reporting |
20 | | agency or (ii) financial records or information derived |
21 | | from financial records between a credit union and other |
22 | | credit unions or financial institutions or commercial |
23 | | enterprises for the purpose of conducting due diligence |
24 | | pursuant to a merger or a purchase or sale of assets or |
25 | | liabilities of the credit union. |
26 | | (7) The furnishing of information to the appropriate |
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| | SB1777 | - 34 - | LRB104 09558 JRC 19621 b |
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1 | | law enforcement authorities where the credit union |
2 | | reasonably believes it has been the victim of a crime. |
3 | | (8) The furnishing of information pursuant to the |
4 | | Revised Uniform Unclaimed Property Act. |
5 | | (9) The furnishing of information pursuant to the |
6 | | Illinois Income Tax Act and the Illinois Estate and |
7 | | Generation-Skipping Transfer Tax Act. |
8 | | (10) The furnishing of information pursuant to the |
9 | | federal Currency and Foreign Transactions Reporting Act, |
10 | | Title 31, United States Code, Section 1051 et sequentia. |
11 | | (11) The furnishing of information pursuant to any |
12 | | other statute which by its terms or by regulations |
13 | | promulgated thereunder requires the disclosure of |
14 | | financial records other than by subpoena, summons, warrant |
15 | | or court order. |
16 | | (12) The furnishing of information in accordance with |
17 | | the federal Personal Responsibility and Work Opportunity |
18 | | Reconciliation Act of 1996. Any credit union governed by |
19 | | this Act shall enter into an agreement for data exchanges |
20 | | with a State agency provided the State agency pays to the |
21 | | credit union a reasonable fee not to exceed its actual |
22 | | cost incurred. A credit union providing information in |
23 | | accordance with this item shall not be liable to any |
24 | | account holder or other person for any disclosure of |
25 | | information to a State agency, for encumbering or |
26 | | surrendering any assets held by the credit union in |
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1 | | response to a lien or order to withhold and deliver issued |
2 | | by a State agency, or for any other action taken pursuant |
3 | | to this item, including individual or mechanical errors, |
4 | | provided the action does not constitute gross negligence |
5 | | or willful misconduct. A credit union shall have no |
6 | | obligation to hold, encumber, or surrender assets until it |
7 | | has been served with a subpoena, summons, warrant, court |
8 | | or administrative order, lien, or levy. |
9 | | (13) The furnishing of information to law enforcement |
10 | | authorities, the Illinois Department on Aging and its |
11 | | regional administrative and provider agencies, the |
12 | | Department of Human Services Office of Inspector General, |
13 | | or public guardians: (i) upon subpoena by the |
14 | | investigatory entity or the guardian, or (ii) if there is |
15 | | suspicion by the credit union that a member who is an |
16 | | elderly person or person with a disability has been or may |
17 | | become the victim of financial exploitation. For the |
18 | | purposes of this item (13), the term: (i) "elderly person" |
19 | | means a person who is 60 or more years of age, (ii) "person |
20 | | with a disability" means a person who has or reasonably |
21 | | appears to the credit union to have a physical or mental |
22 | | disability that impairs his or her ability to seek or |
23 | | obtain protection from or prevent financial exploitation, |
24 | | and (iii) "financial exploitation" means tortious or |
25 | | illegal use of the assets or resources of an elderly |
26 | | person or person with a disability, and includes, without |
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1 | | limitation, misappropriation of the elderly or disabled |
2 | | person's assets or resources by undue influence, breach of |
3 | | fiduciary relationship, intimidation, fraud, deception, |
4 | | extortion, or the use of assets or resources in any manner |
5 | | contrary to law. A credit union or person furnishing |
6 | | information pursuant to this item (13) shall be entitled |
7 | | to the same rights and protections as a person furnishing |
8 | | information under the Adult Protective Services Act and |
9 | | the Illinois Domestic Violence Act of 1986. |
10 | | (14) The disclosure of financial records or |
11 | | information as necessary to effect, administer, or enforce |
12 | | a transaction requested or authorized by the member, or in |
13 | | connection with: |
14 | | (A) servicing or processing a financial product or |
15 | | service requested or authorized by the member; |
16 | | (B) maintaining or servicing a member's account |
17 | | with the credit union; or |
18 | | (C) a proposed or actual securitization or |
19 | | secondary market sale (including sales of servicing |
20 | | rights) related to a transaction of a member. |
21 | | Nothing in this item (14), however, authorizes the |
22 | | sale of the financial records or information of a member |
23 | | without the consent of the member. |
24 | | (15) The disclosure of financial records or |
25 | | information as necessary to protect against or prevent |
26 | | actual or potential fraud, unauthorized transactions, |
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| | SB1777 | - 37 - | LRB104 09558 JRC 19621 b |
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1 | | claims, or other liability. |
2 | | (16)(a) The disclosure of financial records or |
3 | | information related to a private label credit program |
4 | | between a financial institution and a private label party |
5 | | in connection with that private label credit program. Such |
6 | | information is limited to outstanding balance, available |
7 | | credit, payment and performance and account history, |
8 | | product references, purchase information, and information |
9 | | related to the identity of the customer. |
10 | | (b)(1) For purposes of this item (16), "private label |
11 | | credit program" means a credit program involving a |
12 | | financial institution and a private label party that is |
13 | | used by a customer of the financial institution and the |
14 | | private label party primarily for payment for goods or |
15 | | services sold, manufactured, or distributed by a private |
16 | | label party. |
17 | | (2) For purposes of this item (16), "private label |
18 | | party" means, with respect to a private label credit |
19 | | program, any of the following: a retailer, a merchant, a |
20 | | manufacturer, a trade group, or any such person's |
21 | | affiliate, subsidiary, member, agent, or service provider. |
22 | | (17)(a) The furnishing of financial records of a |
23 | | member to the Department to aid the Department's initial |
24 | | determination or subsequent re-determination of the |
25 | | member's eligibility for Medicaid and Medicaid long-term |
26 | | care benefits for long-term care services, provided that |
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| | SB1777 | - 38 - | LRB104 09558 JRC 19621 b |
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1 | | the credit union receives the written consent and |
2 | | authorization of the member, which shall: |
3 | | (1) have the member's signature notarized; |
4 | | (2) be signed by at least one witness who |
5 | | certifies that he or she believes the member to be of |
6 | | sound mind and memory; |
7 | | (3) be tendered to the credit union at the |
8 | | earliest practicable time following its execution, |
9 | | certification, and notarization; |
10 | | (4) specifically limit the disclosure of the |
11 | | member's financial records to the Department; and |
12 | | (5) be in substantially the following form: |
13 | | CUSTOMER CONSENT AND AUTHORIZATION |
14 | | FOR RELEASE OF FINANCIAL RECORDS |
15 | | I, ....................................... , hereby authorize |
16 | | (Name of Customer) |
17 | | ............................................................. |
18 | | (Name of Financial Institution) |
19 | | ............................................................. |
20 | | (Address of Financial Institution) |
21 | | to disclose the following financial records: |
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1 | | any and all information concerning my deposit, savings, money |
2 | | market, certificate of deposit, individual retirement, |
3 | | retirement plan, 401(k) plan, incentive plan, employee benefit |
4 | | plan, mutual fund and loan accounts (including, but not |
5 | | limited to, any indebtedness or obligation for which I am a |
6 | | co-borrower, co-obligor, guarantor, or surety), and any and |
7 | | all other accounts in which I have an interest and any other |
8 | | information regarding me in the possession of the Financial |
9 | | Institution, |
10 | | to the Illinois Department of Human Services or the Illinois |
11 | | Department of Healthcare and Family Services, or both ("the |
12 | | Department"), for the following purpose(s): |
13 | | to aid in the initial determination or re-determination by the |
14 | | State of Illinois of my eligibility for Medicaid long-term |
15 | | care benefits, pursuant to applicable law. |
16 | | I understand that this Consent and Authorization may be |
17 | | revoked by me in writing at any time before my financial |
18 | | records, as described above, are disclosed, and that this |
19 | | Consent and Authorization is valid until the Financial |
20 | | Institution receives my written revocation. This Consent and |
21 | | Authorization shall constitute valid authorization for the |
22 | | Department identified above to inspect all such financial |
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1 | | records set forth above, and to request and receive copies of |
2 | | such financial records from the Financial Institution (subject |
3 | | to such records search and reproduction reimbursement policies |
4 | | as the Financial Institution may have in place). An executed |
5 | | copy of this Consent and Authorization shall be sufficient and |
6 | | as good as the original and permission is hereby granted to |
7 | | honor a photostatic or electronic copy of this Consent and |
8 | | Authorization. Disclosure is strictly limited to the |
9 | | Department identified above and no other person or entity |
10 | | shall receive my financial records pursuant to this Consent |
11 | | and Authorization. By signing this form, I agree to indemnify |
12 | | and hold the Financial Institution harmless from any and all |
13 | | claims, demands, and losses, including reasonable attorneys |
14 | | fees and expenses, arising from or incurred in its reliance on |
15 | | this Consent and Authorization. As used herein, "Customer" |
16 | | shall mean "Member" if the Financial Institution is a credit |
17 | | union. |
18 | | ....................... ...................... |
19 | | (Date) (Signature of Customer) |
20 | | ...................... |
21 | | ...................... |
22 | | (Address of Customer) |
23 | | ...................... |
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1 | | (Customer's birth date) |
2 | | (month/day/year) |
3 | | The undersigned witness certifies that ................., |
4 | | known to me to be the same person whose name is subscribed as |
5 | | the customer to the foregoing Consent and Authorization, |
6 | | appeared before me and the notary public and acknowledged |
7 | | signing and delivering the instrument as his or her free and |
8 | | voluntary act for the uses and purposes therein set forth. I |
9 | | believe him or her to be of sound mind and memory. The |
10 | | undersigned witness also certifies that the witness is not an |
11 | | owner, operator, or relative of an owner or operator of a |
12 | | long-term care facility in which the customer is a patient or |
13 | | resident. |
14 | | Dated: ................. ...................... |
15 | | (Signature of Witness) |
16 | | ...................... |
17 | | (Print Name of Witness) |
18 | | ...................... |
19 | | ...................... |
20 | | (Address of Witness) |
21 | | State of Illinois) |
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1 | | ) ss. |
2 | | County of .......) |
3 | | The undersigned, a notary public in and for the above county |
4 | | and state, certifies that .........., known to me to be the |
5 | | same person whose name is subscribed as the customer to the |
6 | | foregoing Consent and Authorization, appeared before me |
7 | | together with the witness, .........., in person and |
8 | | acknowledged signing and delivering the instrument as the free |
9 | | and voluntary act of the customer for the uses and purposes |
10 | | therein set forth. |
11 | | Dated: ....................................................... |
12 | | Notary Public: ............................................... |
13 | | My commission expires: ....................................... |
14 | | (b) In no event shall the credit union distribute the |
15 | | member's financial records to the long-term care facility |
16 | | from which the member seeks initial or continuing |
17 | | residency or long-term care services. |
18 | | (c) A credit union providing financial records of a |
19 | | member in good faith relying on a consent and |
20 | | authorization executed and tendered in accordance with |
21 | | this item (17) shall not be liable to the member or any |
22 | | other person in relation to the credit union's disclosure |
23 | | of the member's financial records to the Department. The |
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1 | | member signing the consent and authorization shall |
2 | | indemnify and hold the credit union harmless that relies |
3 | | in good faith upon the consent and authorization and |
4 | | incurs a loss because of such reliance. The credit union |
5 | | recovering under this indemnification provision shall also |
6 | | be entitled to reasonable attorney's fees and the expenses |
7 | | of recovery. |
8 | | (d) A credit union shall be reimbursed by the member |
9 | | for all costs reasonably necessary and directly incurred |
10 | | in searching for, reproducing, and disclosing a member's |
11 | | financial records required or requested to be produced |
12 | | pursuant to any consent and authorization executed under |
13 | | this item (17). The requested financial records shall be |
14 | | delivered to the Department within 10 days after receiving |
15 | | a properly executed consent and authorization or at the |
16 | | earliest practicable time thereafter if the requested |
17 | | records cannot be delivered within 10 days, but delivery |
18 | | may be delayed until the final reimbursement of all costs |
19 | | is received by the credit union. The credit union may |
20 | | honor a photostatic or electronic copy of a properly |
21 | | executed consent and authorization. |
22 | | (e) Nothing in this item (17) shall impair, abridge, |
23 | | or abrogate the right of a member to: |
24 | | (1) directly disclose his or her financial records |
25 | | to the Department or any other person; or |
26 | | (2) authorize his or her attorney or duly |
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1 | | appointed agent to request and obtain the member's |
2 | | financial records and disclose those financial records |
3 | | to the Department. |
4 | | (f) For purposes of this item (17), "Department" means |
5 | | the Department of Human Services and the Department of |
6 | | Healthcare and Family Services or any successor |
7 | | administrative agency of either agency. |
8 | | (18) The furnishing of the financial records of a |
9 | | member to an appropriate law enforcement authority, |
10 | | without prior notice to or consent of the member, upon |
11 | | written request of the law enforcement authority, when |
12 | | reasonable suspicion of an imminent threat to the personal |
13 | | security and safety of the member exists that necessitates |
14 | | an expedited release of the member's financial records, as |
15 | | determined by the law enforcement authority. The law |
16 | | enforcement authority shall include a brief explanation of |
17 | | the imminent threat to the member in its written request |
18 | | to the credit union. The written request shall reflect |
19 | | that it has been authorized by a supervisory or managerial |
20 | | official of the law enforcement authority. The decision to |
21 | | furnish the financial records of a member to a law |
22 | | enforcement authority shall be made by a supervisory or |
23 | | managerial official of the credit union. A credit union |
24 | | providing information in accordance with this item (18) |
25 | | shall not be liable to the member or any other person for |
26 | | the disclosure of the information to the law enforcement |
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1 | | authority. |
2 | | (19) The furnishing of financial information to the |
3 | | executor, executrix, administrator, or other lawful |
4 | | representative of the estate of a member. |
5 | | (c) Except as otherwise provided by this Act, a credit |
6 | | union may not disclose to any person, except to the member or |
7 | | his duly authorized agent, any financial records relating to |
8 | | that member of the credit union unless: |
9 | | (1) the member has authorized disclosure to the |
10 | | person; |
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 | | subparagraph (3)(d) of this Section; or |
15 | | (3) the credit union is attempting to collect an |
16 | | obligation owed to the credit union and the credit union |
17 | | complies with the provisions of Section 2I of the Consumer |
18 | | Fraud and Deceptive Business Practices Act. |
19 | | (d) A credit union shall disclose financial records under |
20 | | item (3)(c)(2) of this Section pursuant to a lawful subpoena, |
21 | | summons, warrant, citation to discover assets, or court order |
22 | | only after the credit union sends a copy of the subpoena, |
23 | | summons, warrant, citation to discover assets, or court order |
24 | | to the person establishing the relationship with the credit |
25 | | union, if living, and otherwise the person's personal |
26 | | representative, if known, at the person's last known address |
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1 | | by first class mail, postage prepaid, through a third-party |
2 | | commercial carrier or courier with delivery charge fully |
3 | | prepaid, by hand delivery, or by electronic delivery at an |
4 | | email address on file with the credit union (if the person |
5 | | establishing the relationship with the credit union has |
6 | | consented to receive electronic delivery and, if the person |
7 | | establishing the relationship with the credit union is a |
8 | | consumer, the person has consented under the consumer consent |
9 | | provisions set forth in Section 7001 of Title 15 of the United |
10 | | States Code), unless the credit union is specifically |
11 | | prohibited from notifying the person by order of court or by |
12 | | applicable State or federal law. In the case of a grand jury |
13 | | subpoena, a credit union shall not mail a copy of a subpoena to |
14 | | any person pursuant to this subsection if the subpoena was |
15 | | issued by a grand jury under the Statewide Grand Jury Act or |
16 | | notifying the person would constitute a violation of the |
17 | | federal Right to Financial Privacy Act of 1978. |
18 | | (e)(1) Any officer or employee of a credit union who |
19 | | knowingly and willfully furnishes financial records in |
20 | | violation of this Section is guilty of a business offense and |
21 | | upon conviction thereof shall be fined not more than $1,000. |
22 | | (2) Any person who knowingly and willfully induces or |
23 | | attempts to induce any officer or employee of a credit union to |
24 | | disclose financial records in violation of this Section is |
25 | | guilty of a business offense and upon conviction thereof shall |
26 | | be fined not more than $1,000. |
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1 | | (f) A credit union shall be reimbursed for costs which are |
2 | | reasonably necessary and which have been directly incurred in |
3 | | searching for, reproducing or transporting books, papers, |
4 | | records or other data of a member required or requested to be |
5 | | produced pursuant to a lawful subpoena, summons, warrant, |
6 | | citation to discover assets, or court order. The Secretary and |
7 | | the Director may determine, by rule, the rates and conditions |
8 | | under which payment shall be made. Delivery of requested |
9 | | documents may be delayed until final reimbursement of all |
10 | | costs is received. |
11 | | (Source: P.A. 101-81, eff. 7-12-19; 102-873, eff. 5-13-22.) |
12 | | Section 20. The Illinois Trust and Payable on Death |
13 | | Accounts Act is amended by changing Section 4 as follows: |
14 | | (205 ILCS 625/4) (from Ch. 17, par. 2134) |
15 | | Sec. 4. Payable on Death Account Incidents. If one or more |
16 | | persons opening or holding an account sign an agreement with |
17 | | the institution providing that on the death of the last |
18 | | surviving person designated as holder the account shall be |
19 | | paid to or held by one or more designated beneficiaries, the |
20 | | account, and any balance therein which exists from time to |
21 | | time, shall be held as a payment on death account and unless |
22 | | otherwise agreed in writing between the person or persons |
23 | | opening or holding the account and the institution: |
24 | | (a) Any holder during his or her lifetime may change any of |
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1 | | the designated beneficiaries to own the account at the death |
2 | | of the last surviving holder without the knowledge or consent |
3 | | of any other holder or the designated beneficiaries by a |
4 | | written instrument accepted by the institution; |
5 | | (b) Any holder may make additional deposits to and |
6 | | withdraw any part or all of the account at any time without the |
7 | | knowledge or consent of any other holder or the designated |
8 | | beneficiaries to own the account at the death of the last |
9 | | surviving holder, subject to the bylaws and regulations of the |
10 | | institution, and all withdrawals shall constitute a revocation |
11 | | of the agreement as to the amount withdrawn; and |
12 | | (c) Upon the death of the last surviving holder of the |
13 | | account, the beneficiary designated to be the owner of the |
14 | | account (i) who is then living, if the beneficiary is a natural |
15 | | person, or (ii) that maintains a lawful existence under the |
16 | | state or federal authority pursuant to which it was organized, |
17 | | if the beneficiary is not a natural person, shall be the sole |
18 | | owner of the account . If , unless more than one beneficiary is |
19 | | so designated and then living or in existence, then in which |
20 | | case those beneficiaries shall hold the account in equal |
21 | | shares as tenants in common with no right of survivorship as |
22 | | between those beneficiaries ; and . |
23 | | (d) Notwithstanding anything to the contrary in subsection |
24 | | (c), any holder of the account may elect a per stirpes |
25 | | distribution option to the descendants of a natural person |
26 | | beneficiary if the beneficiary predeceases the last surviving |
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1 | | holder of the account. The institution may rely on the account |
2 | | holder's written representation of the identity of the |
3 | | descendants of each beneficiary living at the time of the |
4 | | beneficiary designation. The institution may also rely on an |
5 | | affidavit executed by a natural person beneficiary or |
6 | | descendant of a natural person beneficiary of the last |
7 | | surviving holder of the account upon or after the death of the |
8 | | account holder that identifies the descendants of any |
9 | | predeceased natural person beneficiary. The total percentage |
10 | | of the account to be distributed to all beneficiaries upon the |
11 | | death of the last surviving holder of the account must equal |
12 | | 100%. If no beneficiary designated as the owner of the account |
13 | | on the death of the last surviving holder is then living or in |
14 | | existence, or if a per stirpes distribution has been selected |
15 | | and no descendant of a natural person beneficiary is then |
16 | | living, then the proceeds shall vest in the estate of the last |
17 | | surviving holder of the account. |
18 | | (Source: P.A. 96-1151, eff. 7-21-10.) |
19 | | Section 25. The Financial Institutions Electronic |
20 | | Documents and Digital Signature Act is amended by changing |
21 | | Section 10 as follows: |
22 | | (205 ILCS 705/10) |
23 | | Sec. 10. Electronic documents; digital signatures; |
24 | | electronic notices. |
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1 | | (a) Electronic documents. If in the regular course of |
2 | | business, a financial institution possesses, records, or |
3 | | generates any document, representation, image, substitute |
4 | | check, reproduction, or combination thereof, of any agreement, |
5 | | transaction, act, occurrence, or event by any electronic or |
6 | | computer-generated process that accurately reproduces, |
7 | | comprises, or records the agreement, transaction, act, |
8 | | occurrence, or event, the recording, comprising, or |
9 | | reproduction shall have the same force and effect under the |
10 | | laws of this State as one comprised, recorded, or created on |
11 | | paper or other tangible form by writing, typing, printing, or |
12 | | similar means. |
13 | | (b) Digital signatures. In any communication, |
14 | | acknowledgement, agreement, or contract between a financial |
15 | | institution and its customer, in which a signature is required |
16 | | or used, any party to the communication, acknowledgement, |
17 | | agreement, or contract may affix a signature by use of a |
18 | | digital signature, and the digital signature, when lawfully |
19 | | used by the person whose signature it purports to be, shall |
20 | | have the same force and effect as the use of a manual signature |
21 | | if it is unique to the person using it, is capable of |
22 | | verification, is under the sole control of the person using |
23 | | it, and is linked to data in such a manner that if the data are |
24 | | changed, the digital signature is invalidated. Nothing in this |
25 | | Section shall require any financial institution or customer to |
26 | | use or permit the use of a digital signature. |
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1 | | (c) Electronic notices. |
2 | | (1) Consent to electronic records. If a statute, |
3 | | regulation, or other rule of law requires that information |
4 | | relating to a transaction or transactions in or affecting |
5 | | intrastate commerce in this State be provided or made |
6 | | available by a financial institution to a consumer in |
7 | | writing, the use of an electronic record to provide or |
8 | | make available that information satisfies the requirement |
9 | | that the information be in writing if: |
10 | | (A) the consumer has affirmatively consented to |
11 | | the use of an electronic record to provide or make |
12 | | available that information and has not withdrawn |
13 | | consent; |
14 | | (B) the consumer, prior to consenting, is provided |
15 | | with a clear and conspicuous statement: |
16 | | (i) informing the consumer of: |
17 | | (I) any right or option of the consumer to |
18 | | have the record provided or made available on |
19 | | paper or in nonelectronic form, and |
20 | | (II) the right of the consumer to withdraw |
21 | | the consent to have the record provided or |
22 | | made available in an electronic form and of |
23 | | any conditions, consequences (which may |
24 | | include termination of the parties' |
25 | | relationship), or fees in the event of a |
26 | | withdrawal of consent; |
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1 | | (ii) informing the consumer of whether the |
2 | | consent applies: |
3 | | (I) only to the particular transaction |
4 | | that gave rise to the obligation to provide |
5 | | the record, or |
6 | | (II) to identified categories of records |
7 | | that may be provided or made available during |
8 | | the course of the parties' relationship; |
9 | | (iii) describing the procedures the consumer |
10 | | must use to withdraw consent, as provided in |
11 | | clause (i), and to update information needed to |
12 | | contact the consumer electronically; and |
13 | | (iv) informing the consumer: |
14 | | (I) how, after the consent, the consumer |
15 | | may, upon request, obtain a paper copy of an |
16 | | electronic record, and |
17 | | (II) whether any fee will be charged for a |
18 | | paper copy; |
19 | | (C) the consumer: |
20 | | (i) prior to consenting, is provided with a |
21 | | statement of the hardware and software |
22 | | requirements for access to and retention of the |
23 | | electronic records; and |
24 | | (ii) consents electronically, or confirms his |
25 | | or her consent electronically, in a manner that |
26 | | reasonably demonstrates that the consumer can |
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1 | | access information in the electronic form that |
2 | | will be used to provide the information that is |
3 | | the subject of the consent; and |
4 | | (D) after the consent of a consumer in accordance |
5 | | with subparagraph (A), if a change in the hardware or |
6 | | software requirements needed to access or retain |
7 | | electronic records creates a material risk that the |
8 | | consumer will not be able to access or retain a |
9 | | subsequent electronic record that was the subject of |
10 | | the consent, the person providing the electronic |
11 | | record: |
12 | | (i) provides the consumer with a statement of: |
13 | | (I) the revised hardware and software |
14 | | requirements for access to and retention of |
15 | | the electronic records, and |
16 | | (II) the right to withdraw consent without |
17 | | the imposition of any fees for the withdrawal |
18 | | and without the imposition of any condition or |
19 | | consequence that was not disclosed under |
20 | | subparagraph (B)(i); and |
21 | | (ii) again complies with subparagraph (C). |
22 | | (2) Other rights. |
23 | | (A) Preservation of consumer protections. Nothing |
24 | | in this subsection (c) affects the content or timing |
25 | | of any disclosure or other record required to be |
26 | | provided or made available to any consumer under any |
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1 | | statute, regulation, or other rule of law. |
2 | | (B) Verification or acknowledgment. If a law that |
3 | | was enacted prior to this amendatory Act of the 95th |
4 | | General Assembly expressly requires a record to be |
5 | | provided or made available by a specified method that |
6 | | requires verification or acknowledgment of receipt, |
7 | | the record may be provided or made available |
8 | | electronically only if the method used provides the |
9 | | required verification or acknowledgment of receipt. |
10 | | (2.5) Consent to electronic transactions given by the |
11 | | customer pursuant to the federal Electronic Signatures in |
12 | | Global and National Commerce Act, 15 U.S.C. 7001, shall |
13 | | satisfy the consent requirements of this Act. |
14 | | (3) Effect of failure to obtain electronic consent or |
15 | | confirmation of consent. The legal effectiveness, |
16 | | validity, or enforceability of any contract executed by a |
17 | | consumer shall not be denied solely because of the failure |
18 | | to obtain electronic consent or confirmation of consent by |
19 | | that consumer in accordance with paragraph (1)(C)(ii). |
20 | | (4) Prospective effect. Withdrawal of consent by a |
21 | | consumer shall not affect the legal effectiveness, |
22 | | validity, or enforceability of electronic records provided |
23 | | or made available to that consumer in accordance with |
24 | | paragraph (1) prior to implementation of the consumer's |
25 | | withdrawal of consent. A consumer's withdrawal of consent |
26 | | shall be effective within a reasonable period of time |
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1 | | after receipt of the withdrawal by the provider of the |
2 | | record. Failure to comply with paragraph (1)(D) may, at |
3 | | the election of the consumer, be treated as a withdrawal |
4 | | of consent for purposes of this paragraph. |
5 | | (5) Prior consent. This subsection does not apply to |
6 | | any records that are provided or made available to a |
7 | | consumer who has consented prior to the effective date of |
8 | | this amendatory Act of the 95th General Assembly to |
9 | | receive the records in electronic form as permitted by any |
10 | | statute, regulation, or other rule of law. |
11 | | (6) Oral communications. An oral communication or a |
12 | | recording of an oral communication shall not qualify as an |
13 | | electronic record for purposes of this subsection (c), |
14 | | except as otherwise provided under applicable law. |
15 | | (Source: P.A. 94-458, eff. 8-4-05; 95-77, eff. 8-13-07.) |
16 | | Section 30. The Probate Act of 1975 is amended by changing |
17 | | Sections 6-13, 6-15, and 9-3 as follows: |
18 | | (755 ILCS 5/6-13) (from Ch. 110 1/2, par. 6-13) |
19 | | Sec. 6-13. Who may act as executor. |
20 | | (a) A person who has attained the age of 18 years, is a |
21 | | resident of the United States, is not of unsound mind, is not |
22 | | an adjudged person with a disability as defined in this Act, is |
23 | | not currently incarcerated in State or federal prison, and, |
24 | | except as provided in subsection (c), has not been convicted |
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1 | | of a felony is qualified to act as executor. |
2 | | (b) If a person named as executor in a will is not |
3 | | qualified to act at the time of admission of the will to |
4 | | probate but thereafter becomes qualified and files a petition |
5 | | for the issuance of letters, takes oath and gives bond as |
6 | | executor, the court may issue letters testamentary to him as |
7 | | co-executor with the executor who has qualified or if no |
8 | | executor has qualified the court may issue letters |
9 | | testamentary to him and revoke the letters of administration |
10 | | with the will annexed. The letters testamentary shall provide |
11 | | the names of each executor if co-executors are granted by the |
12 | | court. |
13 | | (c) A person who has been convicted of a felony is |
14 | | qualified to act as an executor if: (i) the testator names that |
15 | | person as an executor and expressly acknowledges in the will |
16 | | that the testator is aware that the person has been convicted |
17 | | of a felony prior to the execution of the will or codicil; (ii) |
18 | | the person is not prohibited by law, including Sections 2-6, |
19 | | 2-6.2, and 2-6.6, from receiving a share of the testator's |
20 | | estate; (iii) the person was not previously convicted of |
21 | | financial exploitation of an elderly person or a person with a |
22 | | disability, financial identity theft, or a similar crime in |
23 | | another state or in federal court; and (iv) the person is |
24 | | otherwise qualified to act as an executor under subsection |
25 | | (a). |
26 | | (d) The court may in its discretion require a nonresident |
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1 | | executor to furnish a bond in such amount and with such surety |
2 | | as the court determines notwithstanding any contrary provision |
3 | | of the will. |
4 | | (Source: P.A. 103-280, eff. 1-1-24 .) |
5 | | (755 ILCS 5/6-15) (from Ch. 110 1/2, par. 6-15) |
6 | | Sec. 6-15. Executor to administer all estate of decedent. ) |
7 | | (a) The executor or the administrator with the will |
8 | | annexed shall administer all the testate and intestate estate |
9 | | of the decedent. |
10 | | (b) Any person doing business or performing transactions |
11 | | on behalf of or at the direction of an executor or |
12 | | administrator with the will annexed is entitled to the |
13 | | presumption that the executor or administrator with the will |
14 | | annexed is lawfully authorized to conduct the business or |
15 | | perform the transaction as long as the person verifies that |
16 | | the letters testamentary or administration with the will |
17 | | annexed were issued by the court solely to the executor or |
18 | | administrator. If the letters testamentary or administration |
19 | | with the will annexed provide for co-executors or |
20 | | co-administrators, the person is entitled to the presumption |
21 | | only when the business or transaction is performed on behalf |
22 | | or at the direction of all listed executors or administrators |
23 | | in the letters. |
24 | | (c) Any person, corporation, or financial institution that |
25 | | conducts business or performs transactions on behalf of or at |
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1 | | the direction of an executor or administrator with the will |
2 | | annexed shall be fully protected and released from liability |
3 | | if the person bases the presumption on the verification of the |
4 | | letters testamentary or administration with the will annexed |
5 | | as provided in subsection (b). |
6 | | (Source: P.A. 79-328.) |
7 | | (755 ILCS 5/9-3) (from Ch. 110 1/2, par. 9-3) |
8 | | Sec. 9-3. Persons entitled to preference in obtaining |
9 | | letters. The following persons are entitled to preference in |
10 | | the following order in obtaining the issuance of letters of |
11 | | administration and of administration with the will annexed: |
12 | | (a) The surviving spouse or any person nominated by the |
13 | | surviving spouse. |
14 | | (b) The legatees or any person nominated by them, with |
15 | | preference to legatees who are children. |
16 | | (c) The children or any person nominated by them. |
17 | | (d) The grandchildren or any person nominated by them. |
18 | | (e) The parents or any person nominated by them. |
19 | | (f) The brothers and sisters or any person nominated by |
20 | | them. |
21 | | (g) The nearest kindred or any person nominated by them. |
22 | | (h) The representative of the estate of a deceased ward. |
23 | | (i) The Public Administrator. |
24 | | (j) A creditor of the estate. |
25 | | Only a person qualified to act as administrator under this |
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1 | | Act may nominate, except that the guardian of the estate, if |
2 | | any, otherwise the guardian of the person, of a person who is |
3 | | not qualified to act as administrator solely because of |
4 | | minority or legal disability may nominate on behalf of the |
5 | | minor or person with a disability in accordance with the order |
6 | | of preference set forth in this Section. A person who has been |
7 | | removed as representative under this Act loses the right to |
8 | | name a successor. |
9 | | When several persons are claiming and are equally entitled |
10 | | to administer or to nominate an administrator, the court may |
11 | | grant letters to one or more of them or to the nominee of one |
12 | | or more of them. The letters shall provide the names of each |
13 | | administrator if co-administrators are granted by the court. |
14 | | (Source: P.A. 99-143, eff. 7-27-15.) |
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INDEX
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Statutes amended in order of appearance
| | 3 | | 205 ILCS 5/48.1 | from Ch. 17, par. 360 | | 4 | | 205 ILCS 205/4013 | from Ch. 17, par. 7304-13 | | 5 | | 205 ILCS 305/10 | from Ch. 17, par. 4411 | | 6 | | 205 ILCS 625/4 | from Ch. 17, par. 2134 | | 7 | | 205 ILCS 705/10 | | | 8 | | 755 ILCS 5/6-13 | from Ch. 110 1/2, par. 6-13 | | 9 | | 755 ILCS 5/6-15 | from Ch. 110 1/2, par. 6-15 | | 10 | | 755 ILCS 5/9-3 | from Ch. 110 1/2, par. 9-3 |
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