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Rep. Mark L. Walker
Filed: 2/23/2022
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| 1 | | AMENDMENT TO HOUSE BILL 4689
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| 2 | | AMENDMENT NO. ______. Amend House Bill 4689 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Illinois Banking Act is amended by |
| 5 | | changing Section 48.1 as follows:
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| 6 | | (205 ILCS 5/48.1) (from Ch. 17, par. 360)
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| 7 | | Sec. 48.1. Customer financial records; confidentiality.
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| 8 | | (a) For the purpose of this Section, the term "financial |
| 9 | | records" means any
original, any copy, or any summary of:
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| 10 | | (1) a document granting signature
authority over a |
| 11 | | deposit or account;
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| 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;
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| 15 | | (3) a check, draft or money order drawn on a bank
or |
| 16 | | issued and payable by a bank; or
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| 1 | | (4) any other item containing
information pertaining |
| 2 | | to any relationship established in the ordinary
course of |
| 3 | | a bank's business between a bank and its customer, |
| 4 | | including
financial statements or other financial |
| 5 | | information provided by the customer.
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| 6 | | (b) This Section does not prohibit:
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| 7 | | (1) The preparation, examination, handling or |
| 8 | | maintenance of any
financial records by any officer, |
| 9 | | employee or agent of a bank
having custody of the records, |
| 10 | | or the examination of the records by a
certified public |
| 11 | | accountant engaged by the bank to perform an independent
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| 12 | | audit.
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| 13 | | (2) The examination of any financial records by, or |
| 14 | | the furnishing of
financial records by a bank to, any |
| 15 | | officer, employee or agent of (i) the
Commissioner of |
| 16 | | Banks and Real Estate, (ii) after May
31, 1997, a state |
| 17 | | regulatory authority authorized to examine a branch of a
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| 18 | | State bank located in another state, (iii) the Comptroller |
| 19 | | of the Currency,
(iv) the Federal Reserve Board, or (v) |
| 20 | | the Federal Deposit Insurance
Corporation for use solely |
| 21 | | in the exercise of his duties as an officer,
employee, or |
| 22 | | agent.
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| 23 | | (3) The publication of data furnished from financial |
| 24 | | records
relating to customers where the data cannot be |
| 25 | | identified to any
particular customer or account.
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| 26 | | (4) The making of reports or returns required under |
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| 1 | | Chapter 61 of
the Internal Revenue Code of 1986.
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| 2 | | (5) Furnishing information concerning the dishonor of |
| 3 | | any negotiable
instrument permitted to be disclosed under |
| 4 | | the Uniform Commercial Code.
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| 5 | | (6) The exchange in the regular course of business of |
| 6 | | (i) credit
information
between a bank and other banks or |
| 7 | | financial institutions or commercial
enterprises, directly |
| 8 | | or through a consumer reporting agency or (ii)
financial |
| 9 | | records or information derived from financial records |
| 10 | | between a bank
and other banks or financial institutions |
| 11 | | or commercial enterprises for the
purpose of conducting |
| 12 | | due diligence pursuant to a purchase or sale involving
the |
| 13 | | bank or assets or liabilities of the bank.
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| 14 | | (7) The furnishing of information to the appropriate |
| 15 | | law enforcement
authorities where the bank reasonably |
| 16 | | believes it has been the victim of a
crime.
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| 17 | | (8) The furnishing of information under the Revised |
| 18 | | Uniform
Unclaimed Property Act.
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| 19 | | (9) The furnishing of information under the Illinois |
| 20 | | Income Tax Act and
the Illinois Estate and |
| 21 | | Generation-Skipping Transfer Tax Act.
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| 22 | | (10) The furnishing of information under the federal |
| 23 | | Currency
and Foreign Transactions Reporting Act Title 31, |
| 24 | | United States
Code, Section 1051 et seq.
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| 25 | | (11) The furnishing of information under any other |
| 26 | | statute that
by its terms or by regulations promulgated |
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| 1 | | thereunder requires the disclosure
of financial records |
| 2 | | other than by subpoena, summons, warrant, or court order.
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| 3 | | (12) The furnishing of information about the existence |
| 4 | | of an account
of a person to a judgment creditor of that |
| 5 | | person who has made a written
request for that |
| 6 | | information.
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| 7 | | (13) The exchange in the regular course of business of |
| 8 | | information
between commonly owned banks in connection |
| 9 | | with a transaction authorized
under paragraph (23) of
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| 10 | | Section 5 and conducted at an affiliate facility.
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| 11 | | (14) The furnishing of information in accordance with |
| 12 | | the federal
Personal Responsibility and Work Opportunity |
| 13 | | Reconciliation Act of 1996.
Any bank governed by this Act |
| 14 | | shall enter into an agreement for data
exchanges with a |
| 15 | | State agency provided the State agency
pays to the bank a |
| 16 | | reasonable fee not to exceed its
actual cost incurred. A |
| 17 | | bank providing
information in accordance with this item |
| 18 | | shall not be liable to any account
holder or other person |
| 19 | | for any disclosure of information to a State agency, for
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| 20 | | encumbering or surrendering any assets held by the bank in |
| 21 | | response to a lien
or order to withhold and deliver issued |
| 22 | | by a State agency, or for any other
action taken pursuant |
| 23 | | to this item, including individual or mechanical errors,
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| 24 | | provided the action does not constitute gross negligence |
| 25 | | or willful misconduct.
A bank shall have no obligation to |
| 26 | | hold, encumber, or surrender assets until
it has been |
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| 1 | | served with a subpoena, summons, warrant, court or |
| 2 | | administrative
order,
lien, or levy.
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| 3 | | (15) The exchange in the regular course of business of |
| 4 | | information
between
a bank and any commonly owned |
| 5 | | affiliate of the bank, subject to the provisions
of the |
| 6 | | Financial Institutions Insurance Sales Law.
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| 7 | | (16) The furnishing of information to law enforcement |
| 8 | | authorities, the
Illinois Department on
Aging and its |
| 9 | | regional administrative and provider agencies, the |
| 10 | | Department of
Human Services Office
of Inspector General, |
| 11 | | or public guardians: (i) upon subpoena by the |
| 12 | | investigatory entity or the guardian, or (ii) if there is |
| 13 | | suspicion by the bank that a customer
who is an elderly |
| 14 | | person or person with a disability has been or may become |
| 15 | | the victim of financial exploitation.
For the purposes of |
| 16 | | this
item (16), the term: (i) "elderly person" means a |
| 17 | | person who is 60 or more
years of age, (ii) "disabled
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| 18 | | person" means a person who has or reasonably appears to |
| 19 | | the bank to have a
physical or mental
disability that |
| 20 | | impairs his or her ability to seek or obtain protection |
| 21 | | from or
prevent financial
exploitation, and (iii) |
| 22 | | "financial exploitation" means tortious or illegal use
of |
| 23 | | the assets or resources of
an elderly or disabled person, |
| 24 | | and includes, without limitation,
misappropriation of the |
| 25 | | elderly or
disabled person's assets or resources by undue |
| 26 | | influence, breach of fiduciary
relationship, intimidation,
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| 1 | | fraud, deception, extortion, or the use of assets or |
| 2 | | resources in any manner
contrary to law. A bank or
person |
| 3 | | furnishing information pursuant to this item (16) shall be |
| 4 | | entitled to
the same rights and
protections as a person |
| 5 | | furnishing information under the Adult Protective Services |
| 6 | | Act and the Illinois
Domestic Violence Act of 1986.
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| 7 | | (17) The disclosure of financial records or |
| 8 | | information as necessary to
effect, administer, or enforce |
| 9 | | a transaction requested or authorized by the
customer, or |
| 10 | | in connection with:
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| 11 | | (A) servicing or processing a financial product or |
| 12 | | service requested or
authorized by the customer;
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| 13 | | (B) maintaining or servicing a customer's account |
| 14 | | with the bank; or
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| 15 | | (C) a proposed or actual securitization or |
| 16 | | secondary market sale
(including sales of servicing |
| 17 | | rights) related to a
transaction of a customer.
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| 18 | | Nothing in this item (17), however, authorizes the |
| 19 | | sale of the financial
records or information of a customer |
| 20 | | without the consent of the customer.
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| 21 | | (18) The disclosure of financial records or |
| 22 | | information as necessary to
protect against actual or |
| 23 | | potential fraud, unauthorized transactions, claims,
or |
| 24 | | other liability.
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| 25 | | (19)(A) The disclosure of financial records or |
| 26 | | information
related to a private label credit program |
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| 1 | | between a financial
institution and a private label party |
| 2 | | in connection with that
private label credit program. Such |
| 3 | | information is limited to
outstanding balance, available |
| 4 | | credit, payment and performance
and account history, |
| 5 | | product references, purchase information,
and information
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| 6 | | related to the identity of the customer.
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| 7 | | (B)(1) For purposes of this paragraph (19) of |
| 8 | | subsection
(b) of Section 48.1, a "private label credit |
| 9 | | program" means a
credit program involving a financial |
| 10 | | institution and a private label
party that is used by a |
| 11 | | customer of the financial institution and the
private |
| 12 | | label party primarily for payment for goods or services
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| 13 | | sold, manufactured, or distributed by a private label |
| 14 | | party. |
| 15 | | (2) For purposes of this paragraph (19) of subsection |
| 16 | | (b)
of Section 48.1, a "private label party" means, with |
| 17 | | respect to a
private label credit program, any of the |
| 18 | | following: a
retailer, a merchant, a manufacturer, a trade |
| 19 | | group,
or any such person's affiliate, subsidiary, member,
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| 20 | | agent, or service provider. |
| 21 | | (20)(A) The furnishing of financial records of a |
| 22 | | customer to the Department to aid the Department's initial |
| 23 | | determination or subsequent re-determination of the |
| 24 | | customer's eligibility for Medicaid and Medicaid long-term |
| 25 | | care benefits for long-term care services, provided that |
| 26 | | the bank receives the written consent and authorization of |
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| 1 | | the customer, which shall: |
| 2 | | (1) have the customer's signature notarized; |
| 3 | | (2) be signed by at least one witness who |
| 4 | | certifies that he or she believes the customer to be of |
| 5 | | sound mind and memory; |
| 6 | | (3) be tendered to the bank at the earliest |
| 7 | | practicable time following its execution, |
| 8 | | certification, and notarization; |
| 9 | | (4) specifically limit the disclosure of the |
| 10 | | customer's financial records to the Department; and |
| 11 | | (5) be in substantially the following form:
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| 12 | | CUSTOMER CONSENT AND AUTHORIZATION |
| 13 | | FOR RELEASE OF FINANCIAL RECORDS
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| 14 | | I, ......................................., hereby authorize |
| 15 | | (Name of Customer)
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| 16 | | ............................................................. |
| 17 | | (Name of Financial Institution)
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| 18 | | ............................................................. |
| 19 | | (Address of Financial Institution)
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| 20 | | 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,
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| 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):
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| 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.
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| 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 |
| 23 | | records set forth above, and to request and receive copies of |
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| 1 | | such financial records from the Financial Institution (subject |
| 2 | | to such records search and reproduction reimbursement policies |
| 3 | | as the Financial Institution may have in place). An executed |
| 4 | | copy of this Consent and Authorization shall be sufficient and |
| 5 | | as good as the original and permission is hereby granted to |
| 6 | | honor a photostatic or electronic copy of this Consent and |
| 7 | | Authorization. Disclosure is strictly limited to the |
| 8 | | Department identified above and no other person or entity |
| 9 | | shall receive my financial records pursuant to this Consent |
| 10 | | and Authorization. By signing this form, I agree to indemnify |
| 11 | | and hold the Financial Institution harmless from any and all |
| 12 | | claims, demands, and losses, including reasonable attorneys |
| 13 | | fees and expenses, arising from or incurred in its reliance on |
| 14 | | this Consent and Authorization. As used herein, "Customer" |
| 15 | | shall mean "Member" if the Financial Institution is a credit |
| 16 | | union.
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| 17 | | ....................... ...................... |
| 18 | | (Date) (Signature of Customer)
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| 19 | | ...................... |
| 20 | | ...................... |
| 21 | | (Address of Customer)
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| 22 | | ...................... |
| 23 | | (Customer's birth date) |
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| 1 | | (month/day/year)
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| 2 | | The undersigned witness certifies that ................., |
| 3 | | known to me to be the same person whose name is subscribed as |
| 4 | | the customer to the foregoing Consent and Authorization, |
| 5 | | appeared before me and the notary public and acknowledged |
| 6 | | signing and delivering the instrument as his or her free and |
| 7 | | voluntary act for the uses and purposes therein set forth. I |
| 8 | | believe him or her to be of sound mind and memory. The |
| 9 | | undersigned witness also certifies that the witness is not an |
| 10 | | owner, operator, or relative of an owner or operator of a |
| 11 | | long-term care facility in which the customer is a patient or |
| 12 | | resident.
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| 13 | | Dated: ................. ...................... |
| 14 | | (Signature of Witness)
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| 15 | | ...................... |
| 16 | | (Print Name of Witness)
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| 17 | | ...................... |
| 18 | | ...................... |
| 19 | | (Address of Witness)
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| 20 | | State of Illinois) |
| 21 | | ) ss. |
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| 1 | | County of .......)
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| 2 | | The undersigned, a notary public in and for the above county |
| 3 | | and state, certifies that .........., known to me to be the |
| 4 | | same person whose name is subscribed as the customer to the |
| 5 | | foregoing Consent and Authorization, appeared before me |
| 6 | | together with the witness, .........., in person and |
| 7 | | acknowledged signing and delivering the instrument as the free |
| 8 | | and voluntary act of the customer for the uses and purposes |
| 9 | | therein set forth.
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| 10 | | Dated:....................................................... |
| 11 | | Notary Public:............................................... |
| 12 | | My commission expires:.......................................
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| 13 | | (B) In no event shall the bank distribute the |
| 14 | | customer's financial records to the long-term care |
| 15 | | facility from which the customer seeks initial or |
| 16 | | continuing residency or long-term care services. |
| 17 | | (C) A bank providing financial records of a customer |
| 18 | | in good faith relying on a consent and authorization |
| 19 | | executed and tendered in accordance with this paragraph |
| 20 | | (20) shall not be liable to the customer or any other |
| 21 | | person in relation to the bank's disclosure of the |
| 22 | | customer's financial records to the Department. The |
| 23 | | customer signing the consent and authorization shall |
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| 1 | | indemnify and hold the bank harmless that relies in good |
| 2 | | faith upon the consent and authorization and incurs a loss |
| 3 | | because of such reliance. The bank recovering under this |
| 4 | | indemnification provision shall also be entitled to |
| 5 | | reasonable attorney's fees and the expenses of recovery. |
| 6 | | (D) A bank shall be reimbursed by the customer for all |
| 7 | | costs reasonably necessary and directly incurred in |
| 8 | | searching for, reproducing, and disclosing a customer's |
| 9 | | financial records required or requested to be produced |
| 10 | | pursuant to any consent and authorization executed under |
| 11 | | this paragraph (20). The requested financial records shall |
| 12 | | be delivered to the Department within 10 days after |
| 13 | | receiving a properly executed consent and authorization or |
| 14 | | at the earliest practicable time thereafter if the |
| 15 | | requested records cannot be delivered within 10 days, but |
| 16 | | delivery may be delayed until the final reimbursement of |
| 17 | | all costs is received by the bank. The bank may honor a |
| 18 | | photostatic or electronic copy of a properly executed |
| 19 | | consent and authorization. |
| 20 | | (E) Nothing in this paragraph (20) shall impair, |
| 21 | | abridge, or abrogate the right of a customer to: |
| 22 | | (1) directly disclose his or her financial records |
| 23 | | to the Department or any other person; or |
| 24 | | (2) authorize his or her attorney or duly |
| 25 | | appointed agent to request and obtain the customer's |
| 26 | | financial records and disclose those financial records |
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| 1 | | to the Department. |
| 2 | | (F) For purposes of this paragraph (20), "Department" |
| 3 | | means the Department of Human Services and the Department |
| 4 | | of Healthcare and Family Services or any successor |
| 5 | | administrative agency of either agency.
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| 6 | | (21) The furnishing of financial information to the |
| 7 | | executor, executrix, administrator, or other lawful |
| 8 | | representative of the estate of a customer. |
| 9 | | (c) Except as otherwise provided by this Act, a bank may |
| 10 | | not disclose to
any person, except to the customer or his
duly |
| 11 | | authorized agent, any financial records or financial |
| 12 | | information
obtained from financial records relating to that |
| 13 | | customer of
that bank unless:
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| 14 | | (1) the customer has authorized disclosure to the |
| 15 | | person;
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| 16 | | (2) the financial records are disclosed in response to |
| 17 | | a lawful
subpoena, summons, warrant, citation to discover |
| 18 | | assets, or court order which meets the requirements
of |
| 19 | | subsection (d) of this Section; or
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| 20 | | (3) the bank is attempting to collect an obligation |
| 21 | | owed to the bank
and the bank complies with the provisions |
| 22 | | of Section 2I of the Consumer
Fraud and Deceptive Business |
| 23 | | Practices Act.
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| 24 | | (d) A bank shall disclose financial records under |
| 25 | | paragraph (2) of
subsection (c) of this Section under a lawful |
| 26 | | subpoena, summons, warrant, citation to discover assets, or
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| 1 | | court order only after the bank mails a copy of the subpoena, |
| 2 | | summons, warrant, citation to discover assets,
or court order |
| 3 | | to the person establishing the relationship with the bank, if
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| 4 | | living, and, otherwise his personal representative, if known, |
| 5 | | at his last known
address by first class mail, postage |
| 6 | | prepaid, unless the bank is specifically
prohibited from |
| 7 | | notifying the person by order of court or by applicable State
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| 8 | | or federal law. A bank shall not mail a copy of a subpoena to |
| 9 | | any person
pursuant to this subsection if the subpoena was |
| 10 | | issued by a grand jury under
the Statewide Grand Jury Act.
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| 11 | | (e) Any officer or employee of a bank who knowingly and
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| 12 | | willfully furnishes financial records in violation of this |
| 13 | | Section is
guilty of a business offense and, upon conviction, |
| 14 | | shall be fined not
more than $1,000.
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| 15 | | (f) Any person who knowingly and willfully induces or |
| 16 | | attempts to
induce any officer or employee of a bank to |
| 17 | | disclose financial
records in violation of this Section is |
| 18 | | guilty of a business offense
and, upon conviction, shall be |
| 19 | | fined not more than $1,000.
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| 20 | | (g) A bank shall be reimbursed for costs that are |
| 21 | | reasonably necessary
and that have been directly incurred in |
| 22 | | searching for, reproducing, or
transporting books, papers, |
| 23 | | records, or other data required or
requested to be produced |
| 24 | | pursuant to a lawful subpoena, summons, warrant, citation to |
| 25 | | discover assets, or
court order. The Commissioner shall |
| 26 | | determine the rates and conditions
under which payment may be |
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| 1 | | made.
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| 2 | | (Source: P.A. 100-22, eff. 1-1-18; 100-664, eff. 1-1-19; |
| 3 | | 100-888, eff. 8-14-18; 101-81, eff. 7-12-19.)
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| 4 | | Section 10. The Savings Bank Act is amended by changing |
| 5 | | Section 4013 as follows:
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| 6 | | (205 ILCS 205/4013) (from Ch. 17, par. 7304-13)
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| 7 | | Sec. 4013. Access to books and records; communication with |
| 8 | | members
and shareholders. |
| 9 | | (a) Every member or shareholder shall have the right to |
| 10 | | inspect books
and records of the savings bank that pertain to |
| 11 | | his accounts. Otherwise,
the right of inspection and |
| 12 | | examination of the books and records shall be
limited as |
| 13 | | provided in this Act, and no other person shall have access to
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| 14 | | the books and records nor shall be entitled to a list of the |
| 15 | | members or
shareholders.
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| 16 | | (b) For the purpose of this Section, the term "financial |
| 17 | | records" means
any original, any copy, or any summary of (1) a |
| 18 | | document granting signature
authority over a deposit or |
| 19 | | account; (2) a statement, ledger card, or other
record on any |
| 20 | | deposit or account that shows each transaction in or with
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| 21 | | respect to that account; (3) a check, draft, or money order |
| 22 | | drawn on a
savings bank or issued and payable by a savings |
| 23 | | bank; or (4) any other item
containing information pertaining |
| 24 | | to any relationship established in the
ordinary course of a |
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| 1 | | savings bank's business between a savings bank and
its |
| 2 | | customer, including financial statements or other financial |
| 3 | | information
provided by the member or shareholder.
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| 4 | | (c) This Section does not prohibit:
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| 5 | | (1) The preparation, examination, handling, or |
| 6 | | maintenance of any
financial records by any officer, |
| 7 | | employee, or agent of a savings bank
having custody of |
| 8 | | records or examination of records by a certified public
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| 9 | | accountant engaged by the savings bank to perform an |
| 10 | | independent audit.
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| 11 | | (2) The examination of any financial records by, or |
| 12 | | the furnishing of
financial records by a savings bank to, |
| 13 | | any officer, employee, or agent of
the Commissioner of |
| 14 | | Banks and Real Estate or the federal depository
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| 15 | | institution regulator for use
solely in
the exercise of |
| 16 | | his duties as an officer, employee, or agent.
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| 17 | | (3) The publication of data furnished from financial |
| 18 | | records relating
to members or holders of capital where |
| 19 | | the data cannot be identified to any
particular member, |
| 20 | | shareholder, or account.
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| 21 | | (4) The making of reports or returns required under |
| 22 | | Chapter 61 of the
Internal Revenue Code of 1986.
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| 23 | | (5) Furnishing information concerning the dishonor of |
| 24 | | any negotiable
instrument permitted to be disclosed under |
| 25 | | the Uniform Commercial Code.
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| 26 | | (6) The exchange in the regular course of business of |
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| 1 | | (i) credit
information between a savings bank and other |
| 2 | | savings banks or financial
institutions or commercial |
| 3 | | enterprises, directly or through a consumer
reporting |
| 4 | | agency
or (ii) financial records or information derived |
| 5 | | from financial records
between a savings bank and other |
| 6 | | savings banks or financial institutions or
commercial |
| 7 | | enterprises for the purpose of conducting due diligence |
| 8 | | pursuant to
a purchase or sale involving the savings bank |
| 9 | | or assets or liabilities of the
savings bank.
|
| 10 | | (7) The furnishing of information to the appropriate |
| 11 | | law enforcement
authorities where the savings bank |
| 12 | | reasonably believes it has been the
victim of a crime.
|
| 13 | | (8) The furnishing of information pursuant to the |
| 14 | | Revised Uniform Unclaimed Property Act.
|
| 15 | | (9) The furnishing of information pursuant to the |
| 16 | | Illinois Income Tax
Act
and the Illinois Estate and |
| 17 | | Generation-Skipping Transfer Tax Act.
|
| 18 | | (10) The furnishing of information pursuant to the |
| 19 | | federal Currency
and Foreign Transactions Reporting Act, |
| 20 | | (Title 31, United States Code,
Section 1051 et seq.).
|
| 21 | | (11) The furnishing of information pursuant to any |
| 22 | | other statute which
by its terms or by regulations |
| 23 | | promulgated thereunder requires the
disclosure of |
| 24 | | financial records other than by subpoena, summons, |
| 25 | | warrant, or
court order.
|
| 26 | | (12) The furnishing of information in accordance with |
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| 1 | | the federal
Personal Responsibility and Work Opportunity |
| 2 | | Reconciliation Act of 1996.
Any savings bank governed by |
| 3 | | this Act shall enter into an agreement for data
exchanges |
| 4 | | with a State agency provided the State agency
pays to the |
| 5 | | savings bank a reasonable fee not to exceed its
actual |
| 6 | | cost incurred. A savings bank
providing
information in |
| 7 | | accordance with this item shall not be liable to any |
| 8 | | account
holder or other person for any disclosure of |
| 9 | | information to a State agency, for
encumbering or |
| 10 | | surrendering any assets held by the savings bank in |
| 11 | | response to
a lien
or order to withhold and deliver issued |
| 12 | | by a State agency, or for any other
action taken pursuant |
| 13 | | to this item, including individual or mechanical errors,
|
| 14 | | provided the action does not constitute gross negligence |
| 15 | | or willful misconduct.
A savings bank shall have no |
| 16 | | obligation to hold, encumber, or surrender
assets until
it |
| 17 | | has been served with a subpoena, summons, warrant, court |
| 18 | | or administrative
order,
lien, or levy.
|
| 19 | | (13) The furnishing of information to law enforcement |
| 20 | | authorities, the
Illinois Department on
Aging and its |
| 21 | | regional administrative and provider agencies, the |
| 22 | | Department of
Human Services Office
of Inspector General, |
| 23 | | or public guardians: (i) upon subpoena by the |
| 24 | | investigatory entity or the guardian, or (ii) if there is |
| 25 | | suspicion by the savings bank that a
customer who is an |
| 26 | | elderly
person or person with a disability has been or may |
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| 1 | | become the victim of financial exploitation.
For the |
| 2 | | purposes of this
item (13), the term: (i) "elderly person" |
| 3 | | means a person who is 60 or more
years of age, (ii) "person |
| 4 | | with a disability" means a person who has or reasonably |
| 5 | | appears to the savings bank to
have a physical or mental
|
| 6 | | disability that impairs his or her ability to seek or |
| 7 | | obtain protection from or
prevent financial
exploitation, |
| 8 | | and (iii) "financial exploitation" means tortious or |
| 9 | | illegal use
of the assets or resources of
an elderly |
| 10 | | person or person with a disability, and includes, without |
| 11 | | limitation,
misappropriation of the assets or resources of |
| 12 | | the elderly person or person with a disability by undue |
| 13 | | influence, breach of fiduciary
relationship, intimidation,
|
| 14 | | fraud, deception, extortion, or the use of assets or |
| 15 | | resources in any manner
contrary to law. A savings
bank or |
| 16 | | person furnishing information pursuant to this item (13) |
| 17 | | shall be
entitled to the same rights and
protections as a |
| 18 | | person furnishing information under the Adult Protective |
| 19 | | Services Act and the Illinois
Domestic Violence Act of |
| 20 | | 1986.
|
| 21 | | (14) The disclosure of financial records or |
| 22 | | information as necessary to
effect, administer, or enforce |
| 23 | | a transaction requested or authorized by the
member or |
| 24 | | holder of capital, or in connection with:
|
| 25 | | (A) servicing or processing a financial product or |
| 26 | | service requested or
authorized by the member or |
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| 1 | | holder of capital;
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| 2 | | (B) maintaining or servicing an account of a |
| 3 | | member or holder of capital
with the savings bank; or
|
| 4 | | (C) a proposed or actual securitization or |
| 5 | | secondary market sale
(including sales of servicing |
| 6 | | rights) related to a
transaction of a member or holder |
| 7 | | of capital.
|
| 8 | | Nothing in this item (14), however, authorizes the |
| 9 | | sale of the financial
records or information of a member |
| 10 | | or holder of capital without the consent of
the member or |
| 11 | | holder of capital.
|
| 12 | | (15) The exchange in the regular course of business of |
| 13 | | information between
a
savings bank and any commonly owned |
| 14 | | affiliate of the savings bank, subject to
the provisions |
| 15 | | of the Financial Institutions Insurance Sales Law.
|
| 16 | | (16) The disclosure of financial records or |
| 17 | | information as necessary to
protect against or prevent |
| 18 | | actual or potential fraud, unauthorized
transactions, |
| 19 | | claims, or other liability.
|
| 20 | | (17)(a) The disclosure of financial records or |
| 21 | | information
related to a private label credit program |
| 22 | | between a financial
institution and a private label party |
| 23 | | in connection
with that private label credit program. Such |
| 24 | | information
is limited to outstanding balance, available |
| 25 | | credit, payment and
performance and account history, |
| 26 | | product references, purchase
information,
and information |
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| 1 | | related to the identity of the
customer.
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| 2 | | (b)(1) For purposes of this paragraph (17) of |
| 3 | | subsection
(c) of Section 4013, a "private label credit |
| 4 | | program" means a
credit program involving a financial |
| 5 | | institution and a private label
party that is used by a |
| 6 | | customer of the financial institution and the
private |
| 7 | | label party primarily for payment for goods or services
|
| 8 | | sold, manufactured, or distributed by a private label |
| 9 | | party.
|
| 10 | | (2) For purposes of this paragraph (17) of subsection |
| 11 | | (c)
of Section 4013, a "private label party" means, with |
| 12 | | respect to a
private label credit program, any of the |
| 13 | | following: a
retailer, a merchant, a manufacturer, a trade |
| 14 | | group,
or any such person's affiliate, subsidiary, member,
|
| 15 | | agent, or service provider.
|
| 16 | | (18)(a) The furnishing of financial records of a |
| 17 | | customer to the Department to aid the Department's initial |
| 18 | | determination or subsequent re-determination of the |
| 19 | | customer's eligibility for Medicaid and Medicaid long-term |
| 20 | | care benefits for long-term care services, provided that |
| 21 | | the savings bank receives the written consent and |
| 22 | | authorization of the customer, which shall: |
| 23 | | (1) have the customer's signature notarized; |
| 24 | | (2) be signed by at least one witness who |
| 25 | | certifies that he or she believes the customer to be of |
| 26 | | sound mind and memory; |
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| 1 | | (3) be tendered to the savings bank at the |
| 2 | | earliest practicable time following its execution, |
| 3 | | certification, and notarization; |
| 4 | | (4) specifically limit the disclosure of the |
| 5 | | customer's financial records to the Department; and |
| 6 | | (5) be in substantially the following form:
|
| 7 | | CUSTOMER CONSENT AND AUTHORIZATION |
| 8 | | FOR RELEASE OF FINANCIAL RECORDS
|
| 9 | | I, ......................................., hereby authorize |
| 10 | | (Name of Customer)
|
| 11 | | ............................................................. |
| 12 | | (Name of Financial Institution)
|
| 13 | | ............................................................. |
| 14 | | (Address of Financial Institution)
|
| 15 | | to disclose the following financial records:
|
| 16 | | any and all information concerning my deposit, savings, money |
| 17 | | market, certificate of deposit, individual retirement, |
| 18 | | retirement plan, 401(k) plan, incentive plan, employee benefit |
| 19 | | plan, mutual fund and loan accounts (including, but not |
| 20 | | limited to, any indebtedness or obligation for which I am a |
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| 1 | | co-borrower, co-obligor, guarantor, or surety), and any and |
| 2 | | all other accounts in which I have an interest and any other |
| 3 | | information regarding me in the possession of the Financial |
| 4 | | Institution,
|
| 5 | | to the Illinois Department of Human Services or the Illinois |
| 6 | | Department of Healthcare and Family Services, or both ("the |
| 7 | | Department"), for the following purpose(s):
|
| 8 | | to aid in the initial determination or re-determination by the |
| 9 | | State of Illinois of my eligibility for Medicaid long-term |
| 10 | | care benefits, pursuant to applicable law.
|
| 11 | | I understand that this Consent and Authorization may be |
| 12 | | revoked by me in writing at any time before my financial |
| 13 | | records, as described above, are disclosed, and that this |
| 14 | | Consent and Authorization is valid until the Financial |
| 15 | | Institution receives my written revocation. This Consent and |
| 16 | | Authorization shall constitute valid authorization for the |
| 17 | | Department identified above to inspect all such financial |
| 18 | | records set forth above, and to request and receive copies of |
| 19 | | such financial records from the Financial Institution (subject |
| 20 | | to such records search and reproduction reimbursement policies |
| 21 | | as the Financial Institution may have in place). An executed |
| 22 | | copy of this Consent and Authorization shall be sufficient and |
| 23 | | as good as the original and permission is hereby granted to |
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| 1 | | honor a photostatic or electronic copy of this Consent and |
| 2 | | Authorization. Disclosure is strictly limited to the |
| 3 | | Department identified above and no other person or entity |
| 4 | | shall receive my financial records pursuant to this Consent |
| 5 | | and Authorization. By signing this form, I agree to indemnify |
| 6 | | and hold the Financial Institution harmless from any and all |
| 7 | | claims, demands, and losses, including reasonable attorneys |
| 8 | | fees and expenses, arising from or incurred in its reliance on |
| 9 | | this Consent and Authorization. As used herein, "Customer" |
| 10 | | shall mean "Member" if the Financial Institution is a credit |
| 11 | | union.
|
| 12 | | ....................... ...................... |
| 13 | | (Date) (Signature of Customer)
|
| 14 | | ...................... |
| 15 | | ...................... |
| 16 | | (Address of Customer)
|
| 17 | | ...................... |
| 18 | | (Customer's birth date) |
| 19 | | (month/day/year)
|
| 20 | | The undersigned witness certifies that ................., |
| 21 | | known to me to be the same person whose name is subscribed as |
| 22 | | the customer to the foregoing Consent and Authorization, |
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| 1 | | appeared before me and the notary public and acknowledged |
| 2 | | signing and delivering the instrument as his or her free and |
| 3 | | voluntary act for the uses and purposes therein set forth. I |
| 4 | | believe him or her to be of sound mind and memory. The |
| 5 | | undersigned witness also certifies that the witness is not an |
| 6 | | owner, operator, or relative of an owner or operator of a |
| 7 | | long-term care facility in which the customer is a patient or |
| 8 | | resident.
|
| 9 | | Dated: ................. ...................... |
| 10 | | (Signature of Witness)
|
| 11 | | ...................... |
| 12 | | (Print Name of Witness)
|
| 13 | | ...................... |
| 14 | | ...................... |
| 15 | | (Address of Witness)
|
| 16 | | State of Illinois) |
| 17 | | ) ss. |
| 18 | | County of .......)
|
| 19 | | The undersigned, a notary public in and for the above county |
| 20 | | and state, certifies that .........., known to me to be the |
| 21 | | same person whose name is subscribed as the customer to the |
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| 1 | | foregoing Consent and Authorization, appeared before me |
| 2 | | together with the witness, .........., in person and |
| 3 | | acknowledged signing and delivering the instrument as the free |
| 4 | | and voluntary act of the customer for the uses and purposes |
| 5 | | therein set forth.
|
| 6 | | Dated:....................................................... |
| 7 | | Notary Public:............................................... |
| 8 | | My commission expires:.......................................
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| 9 | | (b) In no event shall the savings bank distribute the |
| 10 | | customer's financial records to the long-term care |
| 11 | | facility from which the customer seeks initial or |
| 12 | | continuing residency or long-term care services. |
| 13 | | (c) A savings bank providing financial records of a |
| 14 | | customer in good faith relying on a consent and |
| 15 | | authorization executed and tendered in accordance with |
| 16 | | this paragraph (18) shall not be liable to the customer or |
| 17 | | any other person in relation to the savings bank's |
| 18 | | disclosure of the customer's financial records to the |
| 19 | | Department. The customer signing the consent and |
| 20 | | authorization shall indemnify and hold the savings bank |
| 21 | | harmless that relies in good faith upon the consent and |
| 22 | | authorization and incurs a loss because of such reliance. |
| 23 | | The savings bank recovering under this indemnification |
| 24 | | provision shall also be entitled to reasonable attorney's |
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| 1 | | fees and the expenses of recovery. |
| 2 | | (d) A savings bank shall be reimbursed by the customer |
| 3 | | for all costs reasonably necessary and directly incurred |
| 4 | | in searching for, reproducing, and disclosing a customer's |
| 5 | | financial records required or requested to be produced |
| 6 | | pursuant to any consent and authorization executed under |
| 7 | | this paragraph (18). The requested financial records shall |
| 8 | | be delivered to the Department within 10 days after |
| 9 | | receiving a properly executed consent and authorization or |
| 10 | | at the earliest practicable time thereafter if the |
| 11 | | requested records cannot be delivered within 10 days, but |
| 12 | | delivery may be delayed until the final reimbursement of |
| 13 | | all costs is received by the savings bank. The savings |
| 14 | | bank may honor a photostatic or electronic copy of a |
| 15 | | properly executed consent and authorization. |
| 16 | | (e) Nothing in this paragraph (18) shall impair, |
| 17 | | abridge, or abrogate the right of a customer to: |
| 18 | | (1) directly disclose his or her financial records |
| 19 | | to the Department or any other person; or |
| 20 | | (2) authorize his or her attorney or duly |
| 21 | | appointed agent to request and obtain the customer's |
| 22 | | financial records and disclose those financial records |
| 23 | | to the Department. |
| 24 | | (f) For purposes of this paragraph (18), "Department" |
| 25 | | means the Department of Human Services and the Department |
| 26 | | of Healthcare and Family Services or any successor |
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| 1 | | administrative agency of either agency. |
| 2 | | (19) The furnishing of financial information to the |
| 3 | | executor, executrix, administrator,or other lawful |
| 4 | | representative of the estate of a customer. |
| 5 | | (d) A savings bank may not disclose to any person, except |
| 6 | | to the member
or holder of capital or his duly authorized |
| 7 | | agent, any financial records
relating to that member or |
| 8 | | shareholder of the savings bank unless:
|
| 9 | | (1) the member or shareholder has authorized |
| 10 | | disclosure to the person; or
|
| 11 | | (2) the financial records are disclosed in response to |
| 12 | | a lawful
subpoena, summons, warrant, citation to discover |
| 13 | | assets, or court order that meets the requirements of
|
| 14 | | subsection (e) of this Section.
|
| 15 | | (e) A savings bank shall disclose financial records under |
| 16 | | subsection (d)
of this Section pursuant to a lawful subpoena, |
| 17 | | summons, warrant, citation to discover assets, or court
order |
| 18 | | only after the savings bank mails a copy of the subpoena, |
| 19 | | summons,
warrant, citation to discover assets, or court order |
| 20 | | to the person establishing the relationship with
the savings |
| 21 | | bank, if living, and otherwise, his personal representative, |
| 22 | | if
known, at his last known address by first class mail, |
| 23 | | postage prepaid,
unless the savings bank is specifically |
| 24 | | prohibited from notifying the
person by order of court.
|
| 25 | | (f) Any officer or employee of a savings bank who |
| 26 | | knowingly and
willfully furnishes financial records in |
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| 1 | | violation of this Section is
guilty of a business offense and, |
| 2 | | upon conviction, shall be fined not
more than $1,000.
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| 3 | | (g) Any person who knowingly and willfully induces or |
| 4 | | attempts to
induce any officer or employee of a savings bank to |
| 5 | | disclose financial
records in violation of this Section is |
| 6 | | guilty of a business offense and,
upon conviction, shall be |
| 7 | | fined not more than $1,000.
|
| 8 | | (h) If any member or shareholder desires to communicate |
| 9 | | with the other
members or shareholders of the savings bank |
| 10 | | with reference to any question
pending or to be presented at an |
| 11 | | annual or special meeting, the savings
bank shall give that |
| 12 | | person, upon request, a statement of the approximate
number of |
| 13 | | members or shareholders entitled to vote at the meeting and an
|
| 14 | | estimate of the cost of preparing and mailing the |
| 15 | | communication. The
requesting member shall submit the |
| 16 | | communication to the Commissioner
who, upon finding it to be |
| 17 | | appropriate and truthful, shall direct that it
be prepared and |
| 18 | | mailed to the members upon the requesting member's or
|
| 19 | | shareholder's payment or adequate provision for payment of the |
| 20 | | expenses of
preparation and mailing.
|
| 21 | | (i) A savings bank shall be reimbursed for costs that are |
| 22 | | necessary and
that have been directly incurred in searching |
| 23 | | for, reproducing, or
transporting books, papers, records, or |
| 24 | | other data of a customer required
to be reproduced pursuant to |
| 25 | | a lawful subpoena, warrant, citation to discover assets, or |
| 26 | | court order.
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| 1 | | (j) Notwithstanding the provisions of this Section, a |
| 2 | | savings bank may
sell or otherwise make use of lists of |
| 3 | | customers' names and addresses. All
other information |
| 4 | | regarding a customer's account is subject to the
disclosure |
| 5 | | provisions of this Section. At the request of any customer,
|
| 6 | | that customer's name and address shall be deleted from any |
| 7 | | list that is to
be sold or used in any other manner beyond |
| 8 | | identification of the customer's
accounts.
|
| 9 | | (Source: P.A. 99-143, eff. 7-27-15; 100-22, eff. 1-1-18; |
| 10 | | 100-201, eff. 8-18-17; 100-664, eff. 1-1-19.)
|
| 11 | | Section 15. The Illinois Credit Union Act is amended by |
| 12 | | changing Section 10 as follows:
|
| 13 | | (205 ILCS 305/10) (from Ch. 17, par. 4411)
|
| 14 | | Sec. 10. Credit union records; member financial records.
|
| 15 | | (1) A credit union shall establish and maintain books, |
| 16 | | records, accounting
systems and procedures which accurately |
| 17 | | reflect its operations and which
enable the Department to |
| 18 | | readily ascertain the true financial condition
of the credit |
| 19 | | union and whether it is complying with this Act.
|
| 20 | | (2) A photostatic or photographic reproduction of any |
| 21 | | credit union records
shall be admissible as evidence of |
| 22 | | transactions with the credit union.
|
| 23 | | (3)(a) For the purpose of this Section, the term |
| 24 | | "financial records"
means any original, any copy, or any |
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| 1 | | summary of (1) a document granting
signature authority over an |
| 2 | | account, (2) a statement, ledger card or other
record on any |
| 3 | | account which shows each transaction in or with respect to
|
| 4 | | that account, (3) a check, draft or money order drawn on a |
| 5 | | financial
institution or other entity or issued and payable by |
| 6 | | or through a financial
institution or other entity, or (4) any |
| 7 | | other item containing information
pertaining to any |
| 8 | | relationship established in the ordinary course of
business |
| 9 | | between a credit union and its member, including financial
|
| 10 | | statements or other financial information provided by the |
| 11 | | member.
|
| 12 | | (b) This Section does not prohibit:
|
| 13 | | (1) The preparation, examination, handling or |
| 14 | | maintenance of any
financial records by any officer, |
| 15 | | employee or agent of a credit union
having custody of such |
| 16 | | records, or the examination of such records by a
certified |
| 17 | | public accountant engaged by the credit union to perform |
| 18 | | an
independent audit.
|
| 19 | | (2) The examination of any financial records by or the |
| 20 | | furnishing of
financial records by a credit union to any |
| 21 | | officer, employee or agent of
the Department, the National |
| 22 | | Credit Union Administration, Federal Reserve
board or any |
| 23 | | insurer of share accounts for use solely in the exercise |
| 24 | | of
his duties as an officer, employee or agent.
|
| 25 | | (3) The publication of data furnished from financial |
| 26 | | records relating
to members where the data cannot be |
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| 1 | | identified to any particular customer
of account.
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| 2 | | (4) The making of reports or returns required under |
| 3 | | Chapter 61 of the
Internal Revenue Code of 1954.
|
| 4 | | (5) Furnishing information concerning the dishonor of |
| 5 | | any negotiable
instrument permitted to be disclosed under |
| 6 | | the Uniform Commercial
Code.
|
| 7 | | (6) The exchange in the regular course of business
of |
| 8 | | (i) credit information
between a credit union and other |
| 9 | | credit unions or financial institutions
or commercial |
| 10 | | enterprises, directly or through a consumer reporting |
| 11 | | agency
or (ii) financial records or information derived |
| 12 | | from financial records
between a credit union and other |
| 13 | | credit unions or financial institutions or
commercial |
| 14 | | enterprises for
the purpose of conducting due diligence |
| 15 | | pursuant to a merger or a purchase or
sale of assets or |
| 16 | | liabilities of the credit union.
|
| 17 | | (7) The furnishing of information to the appropriate |
| 18 | | law enforcement
authorities where the credit union |
| 19 | | reasonably believes it has been the victim
of a crime.
|
| 20 | | (8) The furnishing of information pursuant to the |
| 21 | | Revised Uniform Unclaimed Property Act.
|
| 22 | | (9) The furnishing of information pursuant to the |
| 23 | | Illinois Income Tax
Act and the Illinois Estate and |
| 24 | | Generation-Skipping Transfer Tax Act.
|
| 25 | | (10) The furnishing of information pursuant to the |
| 26 | | federal Currency
and Foreign Transactions Reporting Act, |
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| 1 | | Title 31, United States Code,
Section 1051 et sequentia.
|
| 2 | | (11) The furnishing of information pursuant to any |
| 3 | | other statute which
by its terms or by regulations |
| 4 | | promulgated thereunder requires the disclosure
of |
| 5 | | financial records other than by subpoena, summons, warrant |
| 6 | | or court order.
|
| 7 | | (12) The furnishing of information in accordance with |
| 8 | | the federal
Personal Responsibility and Work Opportunity |
| 9 | | Reconciliation Act of 1996.
Any credit union governed by |
| 10 | | this Act shall enter into an agreement for data
exchanges |
| 11 | | with a State agency provided the State agency
pays to the |
| 12 | | credit union a reasonable fee not to exceed its
actual |
| 13 | | cost incurred. A credit union
providing
information in |
| 14 | | accordance with this item shall not be liable to any |
| 15 | | account
holder or other person for any disclosure of |
| 16 | | information to a State agency, for
encumbering or |
| 17 | | surrendering any assets held by the credit union in |
| 18 | | response to
a lien
or order to withhold and deliver issued |
| 19 | | by a State agency, or for any other
action taken pursuant |
| 20 | | to this item, including individual or mechanical errors,
|
| 21 | | provided the action does not constitute gross negligence |
| 22 | | or willful misconduct.
A credit union shall have no |
| 23 | | obligation to hold, encumber, or surrender
assets until
it |
| 24 | | has been served with a subpoena, summons, warrant, court |
| 25 | | or administrative
order, lien, or levy.
|
| 26 | | (13) The furnishing of information to law enforcement |
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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 credit union that a
member who is an |
| 7 | | elderly person or person with a disability has been or may |
| 8 | | become the victim of financial exploitation.
For the |
| 9 | | purposes of this
item (13), the term: (i) "elderly person" |
| 10 | | means a person who is 60 or more
years of age, (ii) "person |
| 11 | | with a disability" means a person who has or reasonably |
| 12 | | appears to the credit union to
have a physical or mental
|
| 13 | | disability that impairs his or her ability to seek or |
| 14 | | obtain protection from or
prevent financial
exploitation, |
| 15 | | and (iii) "financial exploitation" means tortious or |
| 16 | | illegal use
of the assets or resources of
an elderly |
| 17 | | person or person with a disability, and includes, without |
| 18 | | limitation,
misappropriation of the elderly or
disabled |
| 19 | | person's assets or resources by undue influence, breach of |
| 20 | | fiduciary
relationship, intimidation,
fraud, deception, |
| 21 | | extortion, or the use of assets or resources in any manner
|
| 22 | | contrary to law. A credit
union or person furnishing |
| 23 | | information pursuant to this item (13) shall be
entitled |
| 24 | | to the same rights and
protections as a person furnishing |
| 25 | | information under the Adult Protective Services Act and |
| 26 | | the Illinois
Domestic Violence Act of 1986.
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| 1 | | (14) The disclosure of financial records or |
| 2 | | information as necessary
to
effect, administer, or enforce |
| 3 | | a transaction requested or authorized by the
member, or in |
| 4 | | connection with:
|
| 5 | | (A) servicing or processing a financial product or |
| 6 | | service requested
or
authorized by the member;
|
| 7 | | (B) maintaining or servicing a member's account |
| 8 | | with the credit union;
or
|
| 9 | | (C) a proposed or actual securitization or |
| 10 | | secondary market sale
(including sales of servicing |
| 11 | | rights) related to a
transaction of a member.
|
| 12 | | Nothing in this item (14), however, authorizes the |
| 13 | | sale of the financial
records or information of a member |
| 14 | | without the consent of the member.
|
| 15 | | (15) The disclosure of financial records or |
| 16 | | information as necessary to
protect against or prevent |
| 17 | | actual or potential fraud, unauthorized
transactions, |
| 18 | | claims, or other liability.
|
| 19 | | (16)(a) The disclosure of financial records or |
| 20 | | information
related to a private label credit program |
| 21 | | between a financial
institution and a private label party |
| 22 | | in connection
with that private label credit program. Such |
| 23 | | information
is limited to outstanding balance, available |
| 24 | | credit, payment and
performance and account history, |
| 25 | | product references, purchase
information,
and information |
| 26 | | related to the identity of the
customer.
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| 1 | | (b)(1) For purposes of this item (16), "private label |
| 2 | | credit program" means a credit
program involving a |
| 3 | | financial institution and a private label party
that is |
| 4 | | used by a customer of the financial institution and the
|
| 5 | | private label party primarily for payment for goods or |
| 6 | | services
sold, manufactured, or distributed by a private |
| 7 | | label party.
|
| 8 | | (2) For purposes of this item (16), "private label |
| 9 | | party" means, with respect to a
private label credit |
| 10 | | program, any of the following: a
retailer, a merchant, a |
| 11 | | manufacturer, a trade group,
or any such person's |
| 12 | | affiliate, subsidiary, member,
agent, or service provider.
|
| 13 | | (17)(a) The furnishing of financial records of a |
| 14 | | member to the Department to aid the Department's initial |
| 15 | | determination or subsequent re-determination of the |
| 16 | | member's eligibility for Medicaid and Medicaid long-term |
| 17 | | care benefits for long-term care services, provided that |
| 18 | | the credit union receives the written consent and |
| 19 | | authorization of the member, which shall: |
| 20 | | (1) have the member's signature notarized; |
| 21 | | (2) be signed by at least one witness who |
| 22 | | certifies that he or she believes the member to be of |
| 23 | | sound mind and memory; |
| 24 | | (3) be tendered to the credit union at the |
| 25 | | earliest practicable time following its execution, |
| 26 | | certification, and notarization; |
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| 1 | | (4) specifically limit the disclosure of the |
| 2 | | member's financial records to the Department; and |
| 3 | | (5) be in substantially the following form:
|
| 4 | | CUSTOMER CONSENT AND AUTHORIZATION |
| 5 | | FOR RELEASE OF FINANCIAL RECORDS
|
| 6 | | I, ......................................., hereby authorize |
| 7 | | (Name of Customer)
|
| 8 | | ............................................................. |
| 9 | | (Name of Financial Institution)
|
| 10 | | ............................................................. |
| 11 | | (Address of Financial Institution)
|
| 12 | | to disclose the following financial records:
|
| 13 | | any and all information concerning my deposit, savings, money |
| 14 | | market, certificate of deposit, individual retirement, |
| 15 | | retirement plan, 401(k) plan, incentive plan, employee benefit |
| 16 | | plan, mutual fund and loan accounts (including, but not |
| 17 | | limited to, any indebtedness or obligation for which I am a |
| 18 | | co-borrower, co-obligor, guarantor, or surety), and any and |
| 19 | | all other accounts in which I have an interest and any other |
| 20 | | information regarding me in the possession of the Financial |
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| 1 | | Institution,
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| 2 | | to the Illinois Department of Human Services or the Illinois |
| 3 | | Department of Healthcare and Family Services, or both ("the |
| 4 | | Department"), for the following purpose(s):
|
| 5 | | to aid in the initial determination or re-determination by the |
| 6 | | State of Illinois of my eligibility for Medicaid long-term |
| 7 | | care benefits, pursuant to applicable law.
|
| 8 | | I understand that this Consent and Authorization may be |
| 9 | | revoked by me in writing at any time before my financial |
| 10 | | records, as described above, are disclosed, and that this |
| 11 | | Consent and Authorization is valid until the Financial |
| 12 | | Institution receives my written revocation. This Consent and |
| 13 | | Authorization shall constitute valid authorization for the |
| 14 | | Department identified above to inspect all such financial |
| 15 | | records set forth above, and to request and receive copies of |
| 16 | | such financial records from the Financial Institution (subject |
| 17 | | to such records search and reproduction reimbursement policies |
| 18 | | as the Financial Institution may have in place). An executed |
| 19 | | copy of this Consent and Authorization shall be sufficient and |
| 20 | | as good as the original and permission is hereby granted to |
| 21 | | honor a photostatic or electronic copy of this Consent and |
| 22 | | Authorization. Disclosure is strictly limited to the |
| 23 | | Department identified above and no other person or entity |
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| 1 | | shall receive my financial records pursuant to this Consent |
| 2 | | and Authorization. By signing this form, I agree to indemnify |
| 3 | | and hold the Financial Institution harmless from any and all |
| 4 | | claims, demands, and losses, including reasonable attorneys |
| 5 | | fees and expenses, arising from or incurred in its reliance on |
| 6 | | this Consent and Authorization. As used herein, "Customer" |
| 7 | | shall mean "Member" if the Financial Institution is a credit |
| 8 | | union.
|
| 9 | | ....................... ...................... |
| 10 | | (Date) (Signature of Customer)
|
| 11 | | ...................... |
| 12 | | ...................... |
| 13 | | (Address of Customer)
|
| 14 | | ...................... |
| 15 | | (Customer's birth date) |
| 16 | | (month/day/year)
|
| 17 | | The undersigned witness certifies that ................., |
| 18 | | known to me to be the same person whose name is subscribed as |
| 19 | | the customer to the foregoing Consent and Authorization, |
| 20 | | appeared before me and the notary public and acknowledged |
| 21 | | signing and delivering the instrument as his or her free and |
| 22 | | voluntary act for the uses and purposes therein set forth. I |
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| 1 | | believe him or her to be of sound mind and memory. The |
| 2 | | undersigned witness also certifies that the witness is not an |
| 3 | | owner, operator, or relative of an owner or operator of a |
| 4 | | long-term care facility in which the customer is a patient or |
| 5 | | resident.
|
| 6 | | Dated: ................. ...................... |
| 7 | | (Signature of Witness)
|
| 8 | | ...................... |
| 9 | | (Print Name of Witness)
|
| 10 | | ...................... |
| 11 | | ...................... |
| 12 | | (Address of Witness)
|
| 13 | | State of Illinois) |
| 14 | | ) ss. |
| 15 | | County of .......)
|
| 16 | | The undersigned, a notary public in and for the above county |
| 17 | | and state, certifies that .........., known to me to be the |
| 18 | | same person whose name is subscribed as the customer to the |
| 19 | | foregoing Consent and Authorization, appeared before me |
| 20 | | together with the witness, .........., in person and |
| 21 | | acknowledged signing and delivering the instrument as the free |
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| 1 | | and voluntary act of the customer for the uses and purposes |
| 2 | | therein set forth.
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| 3 | | Dated:....................................................... |
| 4 | | Notary Public:............................................... |
| 5 | | My commission expires:.......................................
|
| 6 | | (b) In no event shall the credit union distribute the |
| 7 | | member's financial records to the long-term care facility |
| 8 | | from which the member seeks initial or continuing |
| 9 | | residency or long-term care services. |
| 10 | | (c) A credit union providing financial records of a |
| 11 | | member in good faith relying on a consent and |
| 12 | | authorization executed and tendered in accordance with |
| 13 | | this item (17) shall not be liable to the member or any |
| 14 | | other person in relation to the credit union's disclosure |
| 15 | | of the member's financial records to the Department. The |
| 16 | | member signing the consent and authorization shall |
| 17 | | indemnify and hold the credit union harmless that relies |
| 18 | | in good faith upon the consent and authorization and |
| 19 | | incurs a loss because of such reliance. The credit union |
| 20 | | recovering under this indemnification provision shall also |
| 21 | | be entitled to reasonable attorney's fees and the expenses |
| 22 | | of recovery. |
| 23 | | (d) A credit union shall be reimbursed by the member |
| 24 | | for all costs reasonably necessary and directly incurred |
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| 1 | | in searching for, reproducing, and disclosing a member's |
| 2 | | financial records required or requested to be produced |
| 3 | | pursuant to any consent and authorization executed under |
| 4 | | this item (17). The requested financial records shall be |
| 5 | | delivered to the Department within 10 days after receiving |
| 6 | | a properly executed consent and authorization or at the |
| 7 | | earliest practicable time thereafter if the requested |
| 8 | | records cannot be delivered within 10 days, but delivery |
| 9 | | may be delayed until the final reimbursement of all costs |
| 10 | | is received by the credit union. The credit union may |
| 11 | | honor a photostatic or electronic copy of a properly |
| 12 | | executed consent and authorization. |
| 13 | | (e) Nothing in this item (17) shall impair, abridge, |
| 14 | | or abrogate the right of a member to: |
| 15 | | (1) directly disclose his or her financial records |
| 16 | | to the Department or any other person; or |
| 17 | | (2) authorize his or her attorney or duly |
| 18 | | appointed agent to request and obtain the member's |
| 19 | | financial records and disclose those financial records |
| 20 | | to the Department. |
| 21 | | (f) For purposes of this item (17), "Department" means |
| 22 | | the Department of Human Services and the Department of |
| 23 | | Healthcare and Family Services or any successor |
| 24 | | administrative agency of either agency. |
| 25 | | (18) The furnishing of the financial records of a |
| 26 | | member to an appropriate law enforcement authority, |
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| 1 | | without prior notice to or consent of the member, upon |
| 2 | | written request of the law enforcement authority, when |
| 3 | | reasonable suspicion of an imminent threat to the personal |
| 4 | | security and safety of the member exists that necessitates |
| 5 | | an expedited release of the member's financial records, as |
| 6 | | determined by the law enforcement authority. The law |
| 7 | | enforcement authority shall include a brief explanation of |
| 8 | | the imminent threat to the member in its written request |
| 9 | | to the credit union. The written request shall reflect |
| 10 | | that it has been authorized by a supervisory or managerial |
| 11 | | official of the law enforcement authority. The decision to |
| 12 | | furnish the financial records of a member to a law |
| 13 | | enforcement authority shall be made by a supervisory or |
| 14 | | managerial official of the credit union. A credit union |
| 15 | | providing information in accordance with this item (18) |
| 16 | | shall not be liable to the member or any other person for |
| 17 | | the disclosure of the information to the law enforcement |
| 18 | | authority. |
| 19 | | (19) The furnishing of financial information to the |
| 20 | | executor, executrix, administrator,or other lawful |
| 21 | | representative of the estate of a member.
|
| 22 | | (c) Except as otherwise provided by this Act, a credit |
| 23 | | union may not
disclose to any person, except to the member
or |
| 24 | | his duly authorized agent, any financial records relating to |
| 25 | | that member
of the credit union unless:
|
| 26 | | (1) the member has authorized disclosure to the |
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| 1 | | person;
|
| 2 | | (2) the financial records are disclosed in response to |
| 3 | | a lawful
subpoena,
summons, warrant, citation to discover |
| 4 | | assets, or court order that meets the requirements of |
| 5 | | subparagraph (3)(d)
of this Section; or
|
| 6 | | (3) the credit union is attempting to collect an |
| 7 | | obligation owed to
the credit union and the credit union |
| 8 | | complies with the provisions of
Section 2I of the Consumer |
| 9 | | Fraud and Deceptive Business Practices Act.
|
| 10 | | (d) A credit union shall disclose financial records under |
| 11 | | item (3)(c)(2) of this Section pursuant to a lawful subpoena, |
| 12 | | summons, warrant, citation to discover assets, or
court order |
| 13 | | only after the credit union mails a copy of the subpoena, |
| 14 | | summons,
warrant, citation to discover assets, or court order |
| 15 | | to the person establishing the relationship with
the credit |
| 16 | | union, if living, and otherwise his personal representative,
|
| 17 | | if known, at his last known address by first class mail, |
| 18 | | postage prepaid
unless the credit union is specifically |
| 19 | | prohibited from notifying the person
by order of court or by |
| 20 | | applicable State or federal law. In the case
of a grand jury |
| 21 | | subpoena, a credit union shall not mail a copy of a subpoena
to |
| 22 | | any person pursuant to this subsection if the subpoena was |
| 23 | | issued by a grand
jury under the Statewide Grand Jury Act or |
| 24 | | notifying the
person would constitute a violation of the |
| 25 | | federal Right to Financial
Privacy Act of 1978.
|
| 26 | | (e)(1) Any officer or employee of a credit union who |
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| 1 | | knowingly and willfully
furnishes financial records in |
| 2 | | violation of this Section is guilty of
a business offense and |
| 3 | | upon conviction thereof shall be fined not more than
$1,000.
|
| 4 | | (2) Any person who knowingly and willfully induces or |
| 5 | | attempts to induce
any officer or employee of a credit union to |
| 6 | | disclose financial records
in violation of this Section is |
| 7 | | guilty of a business offense and upon
conviction thereof shall |
| 8 | | be fined not more than $1,000.
|
| 9 | | (f) A credit union shall be reimbursed for costs which are |
| 10 | | reasonably
necessary and which have been directly incurred in |
| 11 | | searching for,
reproducing or transporting books, papers, |
| 12 | | records or other data of a
member required or requested to be |
| 13 | | produced pursuant to a lawful subpoena,
summons, warrant, |
| 14 | | citation to discover assets, or court order. The Secretary and |
| 15 | | the Director may determine, by rule, the
rates and
conditions |
| 16 | | under which payment shall be made. Delivery of requested |
| 17 | | documents
may be delayed until final reimbursement of all |
| 18 | | costs is received.
|
| 19 | | (Source: P.A. 100-22, eff. 1-1-18; 100-664, eff. 1-1-19; |
| 20 | | 100-778, eff. 8-10-18; 101-81, eff. 7-12-19.)
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| 21 | | Section 20. The Financial Institutions Electronic |
| 22 | | Documents and Digital Signature Act is amended by changing |
| 23 | | Section 10 as follows:
|
| 24 | | (205 ILCS 705/10)
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| 1 | | Sec. 10. Electronic documents; digital signatures; |
| 2 | | electronic notices.
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| 3 | | (a) Electronic documents. If in the regular course of |
| 4 | | business, a financial institution possesses,
records, or |
| 5 | | generates any document, representation, image, substitute |
| 6 | | check, reproduction, or
combination thereof, of any agreement, |
| 7 | | transaction, act, occurrence, or event
by any electronic or |
| 8 | | computer-generated process that accurately reproduces,
|
| 9 | | comprises, or records the agreement, transaction, act, |
| 10 | | occurrence, or event,
the recording, comprising, or |
| 11 | | reproduction shall have the same force and effect under the |
| 12 | | laws of this State
as one comprised, recorded, or created on |
| 13 | | paper or other tangible form by
writing, typing, printing, or |
| 14 | | similar means.
|
| 15 | | (b) Digital signatures. In any communication, |
| 16 | | acknowledgement, agreement, or contract between a
financial |
| 17 | | institution and its customer, in which a signature is required |
| 18 | | or
used, any party to the communication, acknowledgement, |
| 19 | | agreement, or contract
may affix a signature by use of a |
| 20 | | digital signature, and the digital signature,
when lawfully |
| 21 | | used by the person whose signature it purports to be,
shall |
| 22 | | have the same force and effect as the use of a manual signature |
| 23 | | if it is
unique to the person using it, is capable of |
| 24 | | verification, is under the sole
control of the person using |
| 25 | | it, and is linked to data in such a manner that if
the data are |
| 26 | | changed, the digital signature is invalidated. Nothing in this
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| 1 | | Section shall require any financial institution or customer to |
| 2 | | use or permit
the use of a digital signature.
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| 3 | | (c) Electronic notices. |
| 4 | | (1) Consent to electronic records. If a statute, |
| 5 | | regulation, or other rule of law requires that information |
| 6 | | relating to a transaction or transactions in or affecting |
| 7 | | intrastate commerce in this State be provided or made |
| 8 | | available by a financial institution to a consumer in |
| 9 | | writing, the use of an electronic record to provide or |
| 10 | | make available that information satisfies the requirement |
| 11 | | that the information be in writing if: |
| 12 | | (A) the consumer has affirmatively consented to |
| 13 | | the use of an electronic record to provide or make |
| 14 | | available that information and has not withdrawn |
| 15 | | consent; |
| 16 | | (B) the consumer, prior to consenting, is provided |
| 17 | | with a clear and conspicuous statement: |
| 18 | | (i) informing the consumer of: |
| 19 | | (I) any right or option of the consumer to |
| 20 | | have the record provided or made available on |
| 21 | | paper or in nonelectronic form, and |
| 22 | | (II) the right of the consumer to withdraw |
| 23 | | the consent to have the record provided or |
| 24 | | made available in an electronic form and of |
| 25 | | any conditions, consequences (which may |
| 26 | | include termination of the parties' |
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| 1 | | relationship), or fees in the event of a |
| 2 | | withdrawal of consent; |
| 3 | | (ii) informing the consumer of whether the |
| 4 | | consent applies: |
| 5 | | (I) only to the particular transaction |
| 6 | | that gave rise to the obligation to provide |
| 7 | | the record, or |
| 8 | | (II) to identified categories of records |
| 9 | | that may be provided or made available during |
| 10 | | the course of the parties' relationship; |
| 11 | | (iii) describing the procedures the consumer |
| 12 | | must use to withdraw consent, as provided in |
| 13 | | clause (i), and to update information needed to |
| 14 | | contact the consumer electronically; and |
| 15 | | (iv) informing the consumer: |
| 16 | | (I) how, after the consent, the consumer |
| 17 | | may, upon request, obtain a paper copy of an |
| 18 | | electronic record, and |
| 19 | | (II) whether any fee will be charged for a |
| 20 | | paper copy; |
| 21 | | (C) the consumer: |
| 22 | | (i) prior to consenting, is provided with a |
| 23 | | statement of the hardware and software |
| 24 | | requirements for access to and retention of the |
| 25 | | electronic records; and |
| 26 | | (ii) consents electronically, or confirms his |
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| 1 | | or her consent electronically, in a manner that |
| 2 | | reasonably demonstrates that the consumer can |
| 3 | | access information in the electronic form that |
| 4 | | will be used to provide the information that is |
| 5 | | the subject of the consent;
and |
| 6 | | (D) after the consent of a consumer in accordance |
| 7 | | with subparagraph (A), if a change in the hardware or |
| 8 | | software requirements needed to access or retain |
| 9 | | electronic records creates a material risk that the |
| 10 | | consumer will not be able to access or retain a |
| 11 | | subsequent electronic record that was the subject of |
| 12 | | the consent, the person providing the electronic |
| 13 | | record: |
| 14 | | (i) provides the consumer with a statement of: |
| 15 | | (I) the revised hardware and software |
| 16 | | requirements for access to and retention of |
| 17 | | the electronic records, and |
| 18 | | (II) the right to withdraw consent without |
| 19 | | the imposition of any fees for the withdrawal |
| 20 | | and without the imposition of any condition or |
| 21 | | consequence that was not disclosed under |
| 22 | | subparagraph (B)(i); and |
| 23 | | (ii) again complies with subparagraph (C). |
| 24 | | (2) Other rights. |
| 25 | | (A) Preservation of consumer protections. Nothing |
| 26 | | in this subsection (c) affects the content or timing |
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| 1 | | of any disclosure or other record required to be |
| 2 | | provided or made available to any consumer under any |
| 3 | | statute, regulation, or other rule of law. |
| 4 | | (B) Verification or acknowledgment. If a law that |
| 5 | | was enacted prior to this amendatory Act of the 95th |
| 6 | | General Assembly expressly requires a record to be |
| 7 | | provided or made available by a specified method that |
| 8 | | requires verification or acknowledgment of receipt, |
| 9 | | the record may be provided or made available |
| 10 | | electronically only if the method used provides the |
| 11 | | required verification or acknowledgment of receipt. |
| 12 | | (2.5) Consent to electronic transactions given by the |
| 13 | | customer pursuant to the federal Electronic Signatures in |
| 14 | | Global and National Commerce Act, 15 U.S.C. 7001, shall |
| 15 | | satisfy the consent requirements of this Act. |
| 16 | | (3) Effect of failure to obtain electronic consent or |
| 17 | | confirmation of consent. The legal effectiveness, |
| 18 | | validity, or enforceability of any contract executed by a |
| 19 | | consumer shall not be denied solely because of the failure |
| 20 | | to obtain electronic consent or confirmation of consent by |
| 21 | | that consumer in accordance with paragraph (1)(C)(ii). |
| 22 | | (4) Prospective effect. Withdrawal of consent by a |
| 23 | | consumer shall not affect the legal effectiveness, |
| 24 | | validity, or enforceability of electronic records provided |
| 25 | | or made available to that consumer in accordance with |
| 26 | | paragraph (1) prior to implementation of the consumer's |
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| 1 | | withdrawal of consent. A consumer's withdrawal of consent |
| 2 | | shall be effective within a reasonable period of time |
| 3 | | after receipt of the withdrawal by the provider of the |
| 4 | | record. Failure to comply with paragraph (1)(D) may, at |
| 5 | | the election of the consumer, be treated as a withdrawal |
| 6 | | of consent for purposes of this paragraph. |
| 7 | | (5) Prior consent. This subsection does not apply to |
| 8 | | any records that are provided or made available to a |
| 9 | | consumer who has consented prior to the effective date of |
| 10 | | this amendatory Act of the 95th General Assembly to |
| 11 | | receive the records in electronic form as permitted by any |
| 12 | | statute, regulation, or other rule of law. |
| 13 | | (6) Oral communications. An oral communication or a |
| 14 | | recording of an oral communication shall not qualify as an |
| 15 | | electronic record for purposes of this subsection (c), |
| 16 | | except as otherwise provided under applicable law.
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| 17 | | (Source: P.A. 94-458, eff. 8-4-05; 95-77, eff. 8-13-07.)
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| 18 | | Section 25. The Probate Act of 1975 is amended by changing |
| 19 | | Section 6-15 as follows:
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| 20 | | (755 ILCS 5/6-15) (from Ch. 110 1/2, par. 6-15)
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| 21 | | Sec. 6-15.
Executor to administer all estate of decedent.) |
| 22 | | (a) The executor or
the administrator with the will |
| 23 | | annexed shall administer all the testate
and intestate estate
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| 24 | | of the decedent.
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| 1 | | (b) Any person doing business or performing transactions |
| 2 | | on behalf of or at the direction of an executor or |
| 3 | | administrator with the will annexed shall be entitled to the |
| 4 | | presumption that the executor or administrator with the will |
| 5 | | annexed is lawfully authorized to conduct the business or |
| 6 | | perform the transaction without such person investigating the |
| 7 | | source of the authority and without verifying that the actions |
| 8 | | of the executor or administrator with the will annexed comply |
| 9 | | with a will or any order of the probate court, unless such |
| 10 | | person has actual knowledge to the contrary. |
| 11 | | (Source: P.A. 79-328.)".
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