102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4689
 
Introduced , by Rep. Mark L. Walker
 
SYNOPSIS AS INTRODUCED:



        
205 ILCS 5/32 from Ch. 17, par. 339
205 ILCS 5/48.1 from Ch. 17, par. 360
205 ILCS 705/10
755 ILCS 5/6-15 from Ch. 110 1/2, par. 6-15

 Amends the Illinois Banking Act. In provisions concerning customer financial records and confidentiality, provides that the language does not prohibit the furnishing of financial information to the executor, executrix, administrator, or other lawful representative of the estate of a customer. Makes other changes. Amends the Financial Institutions Electronic Documents and Digital Signatures Act. In provisions concerning electronic notices, provides that consent to electronic transactions given by the customer pursuant to the federal Electronic Signatures in Global and National Commerce Act shall satisfy applicable consent requirements. Amends the Probate Act of 1975. Provides that any person doing business or performing transactions on behalf of or at the direction of an executor or administrator with a will annexed shall be entitled to the presumption that the executor or administrator with the will annexed is lawfully authorized to conduct the business or perform the transaction without such person investigating the source of the authority and without verifying that the actions of the executor or administrator with the will annexed comply with a will or any order of the probate court, unless such person has actual knowledge to the contrary.



LRB102 24081 BMS 33302 b


 
 
A BILL FOR
 


HB4689LRB102 24081 BMS 33302 b



1 AN ACT concerning finances.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Illinois Banking Act is amended by changing 
5Sections 32 and 48.1 as follows:




6 (205 ILCS 5/32) (from Ch. 17, par. 339)



7 Sec. 32. Basic loaning limits. The liabilities outstanding 
8at one time
to a state bank of a
person for money borrowed, 
9including the liabilities of a partnership
or joint venture in 
10the liabilities of the several members thereof, shall
not 
11exceed 25% of the amount of the unimpaired capital and

12unimpaired surplus
of the bank. 

13 The liabilities to any state bank of a person may exceed 
1425% of
the unimpaired capital and unimpaired surplus of the 
15bank,
provided
that (i) the excess amount from time to time 
16outstanding is fully secured
by readily marketable collateral 
17having a market value, as determined by
reliable and 
18continuously available quotations, at least equal to the

19excess amount outstanding; and (ii) the total liabilities 
20shall
not exceed 30% of the unimpaired capital and unimpaired 
21surplus of the bank.

22 The following shall not be considered as money borrowed 
23within the meaning
of this Section:


 
 
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1  (1) The purchase or discount of bills of exchange 
2 drawn in good
faith
against actually existing values.


3  (2) The purchase or discount of commercial or business 
4 paper actually
owned by the person negotiating the same.


5  (3) The purchase of or loaning money in exchange for 
6 evidences of
indebtedness which shall be secured by 
7 mortgage or trust deed upon
productive real estate the 
8 value of which, as ascertained by the oath of
2 qualified 
9 appraisers, neither of whom shall be an officer,
director, 
10 or employee of the bank or of any subsidiary or affiliate 
11 of the
bank, is double the amount of the principal
debt 
12 secured at the time of the original purchase of evidence 
13 of indebtedness
or loan
of money and which is still double 
14 the amount of the principal debt secured
at the time of any 
15 renewal of the indebtedness or loan, and which
mortgage
or 
16 trust deed is shown, either by a guaranty policy of a title 
17 guaranty
company approved by the Commissioner or by a 
18 registrar's certificate of
title in any county having 
19 adopted the provisions of the Registered
Titles (Torrens) 
20 Act, or by the opinion of an attorney-at-law,
to be a first

21 lien upon the real estate therein described, and real 
22 estate shall not be
deemed to be encumbered within the 
23 meaning of this subsection (3) by reason
of the existence 
24 of instruments reserving rights-of-way, sewer rights and

25 rights in wells, building restrictions or other 
26 restrictive covenants, nor
by reason of the fact it is 
 
 
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1 subject to lease under which rents or profits
are reserved 
2 by the owners.


3  (4) The purchase of marketable investment securities.


4  (5) The liability to a state bank of a person who is an 
5 accommodation
party to, or guarantor of payment for, any 
6 evidence of indebtedness of
another person who obtains a 
7 loan from or discounts paper with or sells
paper to the 
8 state bank; but the total liability to a
state bank of a 
9 person as an accommodation party or guarantor of payment 
10 in
respect of such evidences of indebtedness shall not 
11 exceed 25% of
the amount of
the
unimpaired capital and 
12 unimpaired surplus
of the bank; provided however that the 
13 liability of an accommodation party
to paper excepted 
14 under subsection 2 of this Section shall not be included 
15 in
the
computation of this limitation.


16  (6) The liability to a state bank of a person, who as a 
17 guarantor,
guarantees collection of the obligation or 
18 indebtedness of another person.

19 The total liabilities of any one person, for money 
20borrowed, or
otherwise, shall not exceed 25% of the deposits 
21of the bank, and
those total liabilities shall at no time 
22exceed 50% of the amount
of the
unimpaired capital and 
23unimpaired surplus of the bank.
Absent an actual unremedied 
24breach, the obligation or responsibility for
breach of 
25warranties or representations, express or implied, of a person

26transferring negotiable or non-negotiable paper to a bank 
 
 
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1without recourse
and without guaranty of payment, shall not be 
2included in determining the
amount of liabilities of the 
3person to the bank for borrowed money
or otherwise; and in the 
4event of and to the extent of an unremedied breach,
the amount 
5remaining unpaid for principal and interest on the paper in

6respect of which the unremedied breach exists shall thereafter 
7for
the purpose of determining whether subsequent transactions 
8giving rise to
additional liability of the person to the state 
9bank for borrowed money or
otherwise are within the 
10limitations of Sections 32 through 34 of this
Act, be included 
11in computing the amount of liabilities of the
person for 
12borrowed money or otherwise.

13 The liability of a person to a state bank on account of

14acceptances
made or issued by the state bank on behalf of the 
15person shall be
included in the computation of the total 
16liabilities of the person for money
borrowed except to the 
17extent the acceptances grow out of
transactions of the 
18character described in subsection (6) of Section 34 of this

19Act and are otherwise within the limitations of that 
20subsection;
provided nevertheless
that any such excepted 
21acceptances acquired by the state bank which
accepted the same 
22shall be included in the computation of the liabilities
of the 
23person to the state bank for money borrowed.

24 The Secretary may adopt rules to address the funding by 
25banks of any loan commitment, when such funding would involve 
26additional extensions of credit to be made after the 
 
 
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1unimpaired capital and unimpaired surplus of the bank have 
2decreased and the Secretary determines that such decrease in 
3unimpaired capital and unimpaired surplus would cause the 
4additional extensions of credit to result in an unsafe and 
5unsound condition. 
6(Source: P.A. 96-1365, eff. 7-28-10.)




7 (205 ILCS 5/48.1) (from Ch. 17, par. 360)


8 Sec. 48.1. Customer financial records; confidentiality. 

9 (a) For the purpose of this Section, the term "financial 
10records" means any
original, any copy, or any summary of:

11  (1) a document granting signature
authority over a 
12 deposit or account;

13  (2) a statement, ledger card or other
record on any 
14 deposit or account, which shows each transaction in or 
15 with
respect to that account;

16  (3) a check, draft or money order drawn on a bank
or 
17 issued and payable by a bank; or

18  (4) any other item containing
information pertaining 
19 to any relationship established in the ordinary
course of 
20 a bank's business between a bank and its customer, 
21 including
financial statements or other financial 
22 information provided by the customer.

23 (b) This Section does not prohibit:

24  (1) The preparation, examination, handling or 
25 maintenance of any
financial records by any officer, 
 
 
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1 employee or agent of a bank
having custody of the records, 
2 or the examination of the records by a
certified public 
3 accountant engaged by the bank to perform an independent

4 audit.

5  (2) The examination of any financial records by, or 
6 the furnishing of
financial records by a bank to, any 
7 officer, employee or agent of (i) the
Commissioner of 
8 Banks and Real Estate, (ii) after May
31, 1997, a state 
9 regulatory authority authorized to examine a branch of a

10 State bank located in another state, (iii) the Comptroller 
11 of the Currency,
(iv) the Federal Reserve Board, or (v) 
12 the Federal Deposit Insurance
Corporation for use solely 
13 in the exercise of his duties as an officer,
employee, or 
14 agent.

15  (3) The publication of data furnished from financial 
16 records
relating to customers where the data cannot be 
17 identified to any
particular customer or account.

18  (4) The making of reports or returns required under 
19 Chapter 61 of
the Internal Revenue Code of 1986.

20  (5) Furnishing information concerning the dishonor of 
21 any negotiable
instrument permitted to be disclosed under 
22 the Uniform Commercial Code.

23  (6) The exchange in the regular course of business of 
24 (i) credit
information
between a bank and other banks or 
25 financial institutions or commercial
enterprises, directly 
26 or through a consumer reporting agency or (ii)
financial 
 
 
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1 records or information derived from financial records 
2 between a bank
and other banks or financial institutions 
3 or commercial enterprises for the
purpose of conducting 
4 due diligence pursuant to a purchase or sale involving
the 
5 bank or assets or liabilities of the bank.

6  (7) The furnishing of information to the appropriate 
7 law enforcement
authorities where the bank reasonably 
8 believes it has been the victim of a
crime.

9  (8) The furnishing of information under the Revised 
10 Uniform
Unclaimed Property Act.

11  (9) The furnishing of information under the Illinois 
12 Income Tax Act and
the Illinois Estate and 
13 Generation-Skipping Transfer Tax Act.

14  (10) The furnishing of information under the federal 
15 Currency
and Foreign Transactions Reporting Act Title 31, 
16 United States
Code, Section 1051 et seq.

17  (11) The furnishing of information under any other 
18 statute that
by its terms or by regulations promulgated 
19 thereunder requires the disclosure
of financial records 
20 other than by subpoena, summons, warrant, or court order.

21  (12) The furnishing of information about the existence 
22 of an account
of a person to a judgment creditor of that 
23 person who has made a written
request for that 
24 information.

25  (13) The exchange in the regular course of business of 
26 information
between commonly owned banks in connection 
 
 
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1 with a transaction authorized
under paragraph (23) of

2 Section 5 and conducted at an affiliate facility.

3  (14) The furnishing of information in accordance with 
4 the federal
Personal Responsibility and Work Opportunity 
5 Reconciliation Act of 1996.
Any bank governed by this Act 
6 shall enter into an agreement for data
exchanges with a 
7 State agency provided the State agency
pays to the bank a 
8 reasonable fee not to exceed its
actual cost incurred. A 
9 bank providing
information in accordance with this item 
10 shall not be liable to any account
holder or other person 
11 for any disclosure of information to a State agency, for

12 encumbering or surrendering any assets held by the bank in 
13 response to a lien
or order to withhold and deliver issued 
14 by a State agency, or for any other
action taken pursuant 
15 to this item, including individual or mechanical errors,

16 provided the action does not constitute gross negligence 
17 or willful misconduct.
A bank shall have no obligation to 
18 hold, encumber, or surrender assets until
it has been 
19 served with a subpoena, summons, warrant, court or 
20 administrative
order,
lien, or levy.

21  (15) The exchange in the regular course of business of 
22 information
between
a bank and any commonly owned 
23 affiliate of the bank, subject to the provisions
of the 
24 Financial Institutions Insurance Sales Law.

25  (16) The furnishing of information to law enforcement 
26 authorities, the
Illinois Department on
Aging and its 
 
 
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1 regional administrative and provider agencies, the 
2 Department of
Human Services Office
of Inspector General, 
3 or public guardians: (i) upon subpoena by the 
4 investigatory entity or the guardian, or (ii) if there is 
5 suspicion by the bank that a customer
who is an elderly 
6 person or person with a disability has been or may become 
7 the victim of financial exploitation.
For the purposes of 
8 this
item (16), the term: (i) "elderly person" means a 
9 person who is 60 or more
years of age, (ii) "disabled

10 person" means a person who has or reasonably appears to 
11 the bank to have a
physical or mental
disability that 
12 impairs his or her ability to seek or obtain protection 
13 from or
prevent financial
exploitation, and (iii) 
14 "financial exploitation" means tortious or illegal use
of 
15 the assets or resources of
an elderly or disabled person, 
16 and includes, without limitation,
misappropriation of the 
17 elderly or
disabled person's assets or resources by undue 
18 influence, breach of fiduciary
relationship, intimidation,

19 fraud, deception, extortion, or the use of assets or 
20 resources in any manner
contrary to law. A bank or
person 
21 furnishing information pursuant to this item (16) shall be 
22 entitled to
the same rights and
protections as a person 
23 furnishing information under the Adult Protective Services 
24 Act and the Illinois
Domestic Violence Act of 1986.

25  (17) The disclosure of financial records or 
26 information as necessary to
effect, administer, or enforce 
 
 
HB4689- 10 -LRB102 24081 BMS 33302 b


1 a transaction requested or authorized by the
customer, or 
2 in connection with:

3   (A) servicing or processing a financial product or 
4 service requested or
authorized by the customer;

5   (B) maintaining or servicing a customer's account 
6 with the bank; or

7   (C) a proposed or actual securitization or 
8 secondary market sale
(including sales of servicing 
9 rights) related to a
transaction of a customer.

10  Nothing in this item (17), however, authorizes the 
11 sale of the financial
records or information of a customer 
12 without the consent of the customer.

13  (18) The disclosure of financial records or 
14 information as necessary to
protect against actual or 
15 potential fraud, unauthorized transactions, claims,
or 
16 other liability.

17  (19)(A) The disclosure of financial records or 
18 information
related to a private label credit program 
19 between a financial
institution and a private label party 
20 in connection with that
private label credit program. Such 
21 information is limited to
outstanding balance, available 
22 credit, payment and performance
and account history, 
23 product references, purchase information,
and information

24 related to the identity of the customer.

25  (B)(1) For purposes of this paragraph (19) of 
26 subsection
(b) of Section 48.1, a "private label credit 
 
 
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1 program" means a
credit program involving a financial 
2 institution and a private label
party that is used by a 
3 customer of the financial institution and the
private 
4 label party primarily for payment for goods or services

5 sold, manufactured, or distributed by a private label 
6 party. 
7  (2) For purposes of this paragraph (19) of subsection 
8 (b)
of Section 48.1, a "private label party" means, with 
9 respect to a
private label credit program, any of the 
10 following: a
retailer, a merchant, a manufacturer, a trade 
11 group,
or any such person's affiliate, subsidiary, member,

12 agent, or service provider. 
13  (20)(A) The furnishing of financial records of a 
14 customer to the Department to aid the Department's initial 
15 determination or subsequent re-determination of the 
16 customer's eligibility for Medicaid and Medicaid long-term 
17 care benefits for long-term care services, provided that 
18 the bank receives the written consent and authorization of 
19 the customer, which shall:
20   (1) have the customer's signature notarized;
21   (2) be signed by at least one witness who 
22 certifies that he or she believes the customer to be of 
23 sound mind and memory;
24   (3) be tendered to the bank at the earliest 
25 practicable time following its execution, 
26 certification, and notarization;
 
 
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1   (4) specifically limit the disclosure of the 
2 customer's financial records to the Department; and
3   (5) be in substantially the following form: 

4
CUSTOMER CONSENT AND AUTHORIZATION 
5
FOR RELEASE OF FINANCIAL RECORDS 


6I, ......................................., hereby authorize 
7 (Name of Customer) 

8............................................................. 
9(Name of Financial Institution)

10............................................................. 
11(Address of Financial Institution)

12to disclose the following financial records:

13any and all information concerning my deposit, savings, money 
14market, certificate of deposit, individual retirement, 
15retirement plan, 401(k) plan, incentive plan, employee benefit 
16plan, mutual fund and loan accounts (including, but not 
17limited to, any indebtedness or obligation for which I am a 
18co-borrower, co-obligor, guarantor, or surety), and any and 
19all other accounts in which I have an interest and any other 
20information regarding me in the possession of the Financial 
 
 
HB4689- 13 -LRB102 24081 BMS 33302 b


1Institution,

2to the Illinois Department of Human Services or the Illinois 
3Department of Healthcare and Family Services, or both ("the 
4Department"), for the following purpose(s): 

5to aid in the initial determination or re-determination by the 
6State of Illinois of my eligibility for Medicaid long-term 
7care benefits, pursuant to applicable law. 

8I understand that this Consent and Authorization may be 
9revoked by me in writing at any time before my financial 
10records, as described above, are disclosed, and that this 
11Consent and Authorization is valid until the Financial 
12Institution receives my written revocation. This Consent and 
13Authorization shall constitute valid authorization for the 
14Department identified above to inspect all such financial 
15records set forth above, and to request and receive copies of 
16such financial records from the Financial Institution (subject 
17to such records search and reproduction reimbursement policies 
18as the Financial Institution may have in place). An executed 
19copy of this Consent and Authorization shall be sufficient and 
20as good as the original and permission is hereby granted to 
21honor a photostatic or electronic copy of this Consent and 
22Authorization. Disclosure is strictly limited to the 
23Department identified above and no other person or entity 
 
 
HB4689- 14 -LRB102 24081 BMS 33302 b


1shall receive my financial records pursuant to this Consent 
2and Authorization. By signing this form, I agree to indemnify 
3and hold the Financial Institution harmless from any and all 
4claims, demands, and losses, including reasonable attorneys 
5fees and expenses, arising from or incurred in its reliance on 
6this Consent and Authorization. As used herein, "Customer" 
7shall mean "Member" if the Financial Institution is a credit 
8union.

9....................... ...................... 
10(Date) (Signature of Customer) 

11 ...................... 
12 ...................... 
13 (Address of Customer) 

14 ...................... 
15 (Customer's birth date) 
16 (month/day/year) 

17The undersigned witness certifies that ................., 
18known to me to be the same person whose name is subscribed as 
19the customer to the foregoing Consent and Authorization, 
20appeared before me and the notary public and acknowledged 
21signing and delivering the instrument as his or her free and 
22voluntary act for the uses and purposes therein set forth. I 
 
 
HB4689- 15 -LRB102 24081 BMS 33302 b


1believe him or her to be of sound mind and memory. The 
2undersigned witness also certifies that the witness is not an 
3owner, operator, or relative of an owner or operator of a 
4long-term care facility in which the customer is a patient or 
5resident. 

6Dated: ................. ...................... 
7 (Signature of Witness) 

8 ...................... 
9 (Print Name of Witness) 

10 ...................... 
11 ...................... 
12 (Address of Witness) 

13State of Illinois)
14 ) ss.
15County of .......)

16The undersigned, a notary public in and for the above county 
17and state, certifies that .........., known to me to be the 
18same person whose name is subscribed as the customer to the 
19foregoing Consent and Authorization, appeared before me 
20together with the witness, .........., in person and 
21acknowledged signing and delivering the instrument as the free 
 
 
HB4689- 16 -LRB102 24081 BMS 33302 b


1and voluntary act of the customer for the uses and purposes 
2therein set forth. 

3Dated:....................................................... 
4Notary Public:............................................... 
5My commission expires:....................................... 

6  (B) In no event shall the bank distribute the 
7 customer's financial records to the long-term care 
8 facility from which the customer seeks initial or 
9 continuing residency or long-term care services.
10  (C) A bank providing financial records of a customer 
11 in good faith relying on a consent and authorization 
12 executed and tendered in accordance with this paragraph 
13 (20) shall not be liable to the customer or any other 
14 person in relation to the bank's disclosure of the 
15 customer's financial records to the Department. The 
16 customer signing the consent and authorization shall 
17 indemnify and hold the bank harmless that relies in good 
18 faith upon the consent and authorization and incurs a loss 
19 because of such reliance. The bank recovering under this 
20 indemnification provision shall also be entitled to 
21 reasonable attorney's fees and the expenses of recovery.
22  (D) A bank shall be reimbursed by the customer for all 
23 costs reasonably necessary and directly incurred in 
24 searching for, reproducing, and disclosing a customer's 
 
 
HB4689- 17 -LRB102 24081 BMS 33302 b


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

24  (21) The furnishing of financial information to the 
25 executor, executrix, administrator, or other lawful 
26 representative of the estate of a customer. 
 
 
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1 (c) Except as otherwise provided by this Act, a bank may 
2not disclose to
any person, except to the customer or his
duly 
3authorized agent, any financial records or financial 
4information
obtained from financial records relating to that 
5customer of
that bank unless:

6  (1) the customer has authorized disclosure to the 
7 person;

8  (2) the financial records are disclosed in response to 
9 a lawful
subpoena, summons, warrant, citation to discover 
10 assets, or court order which meets the requirements
of 
11 subsection (d) of this Section; or

12  (3) the bank is attempting to collect an obligation 
13 owed to the bank
and the bank complies with the provisions 
14 of Section 2I of the Consumer
Fraud and Deceptive Business 
15 Practices Act.

16 (d) A bank shall disclose financial records under 
17paragraph (2) of
subsection (c) of this Section under a lawful 
18subpoena, summons, warrant, citation to discover assets, or

19court order only after the bank mails a copy of the subpoena, 
20summons, warrant, citation to discover assets,
or court order 
21to the person establishing the relationship with the bank, if

22living, and, otherwise his personal representative, if known, 
23at his last known
address by first class mail, postage 
24prepaid, unless the bank is specifically
prohibited from 
25notifying the person by order of court or by applicable State

26or federal law. A bank shall not mail a copy of a subpoena to 
 
 
HB4689- 19 -LRB102 24081 BMS 33302 b


1any person
pursuant to this subsection if the subpoena was 
2issued by a grand jury under
the Statewide Grand Jury Act.

3 (e) Any officer or employee of a bank who knowingly and

4willfully furnishes financial records in violation of this 
5Section is
guilty of a business offense and, upon conviction, 
6shall be fined not
more than $1,000.

7 (f) Any person who knowingly and willfully induces or 
8attempts to
induce any officer or employee of a bank to 
9disclose financial
records in violation of this Section is 
10guilty of a business offense
and, upon conviction, shall be 
11fined not more than $1,000.

12 (g) A bank shall be reimbursed for costs that are 
13reasonably necessary
and that have been directly incurred in 
14searching for, reproducing, or
transporting books, papers, 
15records, or other data required or
requested to be produced 
16pursuant to a lawful subpoena, summons, warrant, citation to 
17discover assets, or
court order. The Commissioner shall 
18determine the rates and conditions
under which payment may be 
19made.

20(Source: P.A. 100-22, eff. 1-1-18; 100-664, eff. 1-1-19; 
21100-888, eff. 8-14-18; 101-81, eff. 7-12-19.)


22 Section 10. The Financial Institutions Electronic 
23Documents and Digital Signature Act is amended by changing 
24Section 10 as follows:




 
 
HB4689- 20 -LRB102 24081 BMS 33302 b


1 (205 ILCS 705/10)



2 Sec. 10. Electronic documents; digital signatures; 
3electronic notices. 

4 (a) Electronic documents. If in the regular course of 
5business, a financial institution possesses,
records, or 
6generates any document, representation, image, substitute 
7check, reproduction, or
combination thereof, of any agreement, 
8transaction, act, occurrence, or event
by any electronic or 
9computer-generated process that accurately reproduces,

10comprises, or records the agreement, transaction, act, 
11occurrence, or event,
the recording, comprising, or 
12reproduction shall have the same force and effect under the 
13laws of this State
as one comprised, recorded, or created on 
14paper or other tangible form by
writing, typing, printing, or 
15similar means.

16 (b) Digital signatures. In any communication, 
17acknowledgement, agreement, or contract between a
financial 
18institution and its customer, in which a signature is required 
19or
used, any party to the communication, acknowledgement, 
20agreement, or contract
may affix a signature by use of a 
21digital signature, and the digital signature,
when lawfully 
22used by the person whose signature it purports to be,
shall 
23have the same force and effect as the use of a manual signature 
24if it is
unique to the person using it, is capable of 
25verification, is under the sole
control of the person using 
26it, and is linked to data in such a manner that if
the data are 
 
 
HB4689- 21 -LRB102 24081 BMS 33302 b


1changed, the digital signature is invalidated. Nothing in this

2Section shall require any financial institution or customer to 
3use or permit
the use of a digital signature.

4 (c) Electronic notices.
5  (1) Consent to electronic records. If a statute, 
6 regulation, or other rule of law requires that information 
7 relating to a transaction or transactions in or affecting 
8 intrastate commerce in this State be provided or made 
9 available by a financial institution to a consumer in 
10 writing, the use of an electronic record to provide or 
11 make available that information satisfies the requirement 
12 that the information be in writing if:
13   (A) the consumer has affirmatively consented to 
14 the use of an electronic record to provide or make 
15 available that information and has not withdrawn 
16 consent;
17   (B) the consumer, prior to consenting, is provided 
18 with a clear and conspicuous statement:
19    (i) informing the consumer of:
20     (I) any right or option of the consumer to 
21 have the record provided or made available on 
22 paper or in nonelectronic form, and
23     (II) the right of the consumer to withdraw 
24 the consent to have the record provided or 
25 made available in an electronic form and of 
26 any conditions, consequences (which may 
 
 
HB4689- 22 -LRB102 24081 BMS 33302 b


1 include termination of the parties' 
2 relationship), or fees in the event of a 
3 withdrawal of consent;
4    (ii) informing the consumer of whether the 
5 consent applies:
6     (I) only to the particular transaction 
7 that gave rise to the obligation to provide 
8 the record, or
9     (II) to identified categories of records 
10 that may be provided or made available during 
11 the course of the parties' relationship;
12    (iii) describing the procedures the consumer 
13 must use to withdraw consent, as provided in 
14 clause (i), and to update information needed to 
15 contact the consumer electronically; and
16    (iv) informing the consumer:
17     (I) how, after the consent, the consumer 
18 may, upon request, obtain a paper copy of an 
19 electronic record, and
20     (II) whether any fee will be charged for a 
21 paper copy;
22   (C) the consumer:
23    (i) prior to consenting, is provided with a 
24 statement of the hardware and software 
25 requirements for access to and retention of the 
26 electronic records; and
 
 
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1    (ii) consents electronically, or confirms his 
2 or her consent electronically, in a manner that 
3 reasonably demonstrates that the consumer can 
4 access information in the electronic form that 
5 will be used to provide the information that is 
6 the subject of the consent;
and
7   (D) after the consent of a consumer in accordance 
8 with subparagraph (A), if a change in the hardware or 
9 software requirements needed to access or retain 
10 electronic records creates a material risk that the 
11 consumer will not be able to access or retain a 
12 subsequent electronic record that was the subject of 
13 the consent, the person providing the electronic 
14 record:
15    (i) provides the consumer with a statement of:
16     (I) the revised hardware and software 
17 requirements for access to and retention of 
18 the electronic records, and
19     (II) the right to withdraw consent without 
20 the imposition of any fees for the withdrawal 
21 and without the imposition of any condition or 
22 consequence that was not disclosed under 
23 subparagraph (B)(i); and
24    (ii) again complies with subparagraph (C).
25  (2) Other rights.
26   (A) Preservation of consumer protections. Nothing 
 
 
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1 in this subsection (c) affects the content or timing 
2 of any disclosure or other record required to be 
3 provided or made available to any consumer under any 
4 statute, regulation, or other rule of law.
5   (B) Verification or acknowledgment. If a law that 
6 was enacted prior to this amendatory Act of the 95th 
7 General Assembly expressly requires a record to be 
8 provided or made available by a specified method that 
9 requires verification or acknowledgment of receipt, 
10 the record may be provided or made available 
11 electronically only if the method used provides the 
12 required verification or acknowledgment of receipt.
13  (2.5) Consent to electronic transactions given by the 
14 customer pursuant to the federal Electronic Signatures in 
15 Global and National Commerce Act, 15 U.S.C. 7001, shall 
16 satisfy the consent requirements of this Act. 
17  (3) Effect of failure to obtain electronic consent or 
18 confirmation of consent. The legal effectiveness, 
19 validity, or enforceability of any contract executed by a 
20 consumer shall not be denied solely because of the failure 
21 to obtain electronic consent or confirmation of consent by 
22 that consumer in accordance with paragraph (1)(C)(ii).
23  (4) Prospective effect. Withdrawal of consent by a 
24 consumer shall not affect the legal effectiveness, 
25 validity, or enforceability of electronic records provided 
26 or made available to that consumer in accordance with 
 
 
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1 paragraph (1) prior to implementation of the consumer's 
2 withdrawal of consent. A consumer's withdrawal of consent 
3 shall be effective within a reasonable period of time 
4 after receipt of the withdrawal by the provider of the 
5 record. Failure to comply with paragraph (1)(D) may, at 
6 the election of the consumer, be treated as a withdrawal 
7 of consent for purposes of this paragraph.
8  (5) Prior consent. This subsection does not apply to 
9 any records that are provided or made available to a 
10 consumer who has consented prior to the effective date of 
11 this amendatory Act of the 95th General Assembly to 
12 receive the records in electronic form as permitted by any 
13 statute, regulation, or other rule of law.
14  (6) Oral communications. An oral communication or a 
15 recording of an oral communication shall not qualify as an 
16 electronic record for purposes of this subsection (c), 
17 except as otherwise provided under applicable law.

18(Source: P.A. 94-458, eff. 8-4-05; 95-77, eff. 8-13-07.)


19 Section 15. The Probate Act of 1975 is amended by changing 
20Section 6-15 as follows:




21 (755 ILCS 5/6-15) (from Ch. 110 1/2, par. 6-15)



22 Sec. 6-15. 
Executor to administer all estate of decedent.) 
23 (a) The executor or
the administrator with the will 
24annexed shall administer all the testate
and intestate estate

 
 
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1of the decedent.

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