91st General Assembly
Summary of HB3838
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House Sponsors:
BUGIELSKI-CAPPARELLI-MEYER-MULLIGAN-HULTGREN, 
   BURKE, ACEVEDO, BRADLEY, JONES,LOU, JONES,SHIRLEY, LOPEZ, 
   SAVIANO, DAVIS,MONIQUE, LANG AND RUTHERFORD.

Senate Sponsors:
O'MALLEY

Short description: 
BANKS CUSTOMER INFORMATION                                                 

Synopsis of Bill as introduced:
        Amends the Illinois Banking Act, the Illinois  Savings  and  Loan      
   Act  of  1985, the Savings Bank Act, and the Illinois Credit Union Act      
   to authorize disclosure of customer  financial  information  to  third      
   parties  if the financial institution believes that the customer is an      
   elderly  or  disabled  person  who  may  be  a  victim  of   financial      
   exploitation   or   other   crime.   Provides  immunity  to  financial      
   institutions for disclosure and for failure to disclose.   Amends  the      
   Joint  Tenancy Act to provide for the creation of convenience accounts      
   in the name of the depositor, who is the account  owner,  and  another      
   person  to  whom the account may also be paid.  Provides that there is      
   no right  of  survivorship  solely  by  reason  of  an  account  being      
   designated a convenience account.  Effective immediately.                   
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          765 ILCS 1005/5 new                                                  
          Adds reference to:                                                   
          205 ILCS 5/48.6 new                                                  
          205 ILCS 105/1-10.14            from Ch. 17, par. 3301-10.14         
          205 ILCS 105/1-10.21            from Ch. 17, par. 3301-10.21         
          205 ILCS 205/1007.90            from Ch. 17, par. 7301-7.90          
          205 ILCS 205/1007.105           from Ch. 17, par. 7301-7.105         
          205 ILCS 305/15                 from Ch. 17, par. 4416               
          205 ILCS 305/20                 from Ch. 17, par. 4421               
          205 ILCS 305/22                 from Ch. 17, par. 4423               
          205 ILCS 305/31                 from Ch. 17, par. 4432               
          205 ILCS 305/32                 from Ch. 17, par. 4433               
          205 ILCS 305/33                 from Ch. 17, par. 4434               
          205 ILCS 305/35                 from Ch. 17, par. 4436               
          205 ILCS 305/52                 from Ch. 17, par. 4453               
        Replaces the  contents  of  the  bill  with  similar  provisions.      
   Amends  the Illinois Banking Act, the Illinois Savings and Loan Act of      
   1985, the Savings Bank Act, and  the  Illinois  Credit  Union  Act  to      
   authorize  disclosure  of  customer  financial  information  to  third      
   parties  if the financial institution believes that the customer is an      
   elderly  or  disabled  person  who  may  be  a  victim  of   financial      
   exploitation or other crime.  Provides that financial institutions are      
   immune from civil or criminal liability with respect to the disclosure      
   of  financial  information  concerning  elderly  or  disabled persons.      
   Authorizes disclosure to the Department of Human  Services  Office  of      
   Inspector  General.   Amends  the Illinois Banking Act.  Provides that      
   the  Commissioner  of  Banks  and  Real  Estate  shall   issue   rules      
   prescribing  the  period  of time for which banks must retain records.      
   Provides that banks may destroy the records upon the expiration of the      
   prescribed  time  period.   Provides  immunity  from   liability   for      
   destruction   of   records   in  accordance  with  the  rules  of  the      
   Commissioner.  Amends the Illinois  Savings  and  Loan  Act  of  1985.      
   Includes  a  limited  liability  company  within the scope of the term      
   "person" and provides that service corporations may  be  organized  as      
   limited  liability  companies.  Amends the Savings Bank Act.  Includes      
   limited liability companies within the scope of the term "person"  and      
   provides  that  service  corporations  may  be  organized  as  limited      
   liability  companies.  Amends the Illinois Credit Union Act.  Allows a      
   credit union to expel a member who has been  verbally  abusive  toward      
   credit  union  employees.   Provides  that the board of directors of a      
   credit union may, but is not required to, appoint a  credit  committee      
   consisting  of  members  of  the credit union.  Provides that a credit      
   manager  may  act  in  place  of  the  credit  committee.    Effective      
   immediately.                                                                
        HOUSE AMENDMENT NO. 2.                                                 
        Deletes authorization for disclosure of financial information  to      
   persons   other   than  the  Department  on  Aging  and  its  regional      
   administrative and provider agencies, the Department of Human Services      
   Office of Inspector General, and public guardians.  Provides that  the      
   disclosing  financial  institution  shall  have  the  same  rights and      
   protections as a person furnishing information under the  Elder  Abuse      
   and  Neglect Act and the Illinois Domestic Violence Act of 1986 rather      
   than  immunity  from  civil  and  criminal  liability  and   licensing      
   disciplinary action.                                                        
        GOVERNOR'S AMENDATORY VETO MESSAGE                                     
        Recommends the deletion of provisions that would allow credit          
   unions to expel members or deny services to members who engage in           
   repeated verbally or physically abusive behavior toward credit union        
   officials, staff, agents, or volunteers.                                    
 
Last action on Bill: PUBLIC ACT.............................. 91-0929

   Last action date: 00-12-15

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   2     SENATE -   0


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