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1		AN ACT concerning finances.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Illinois Banking Act is amended by changing
5		Sections 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
8		at one time to a state bank of a person for money borrowed,
9		including the liabilities of a partnership or joint venture in
10		the liabilities of the several members thereof, shall not
11		exceed 25% of the amount of the unimpaired capital and
12		unimpaired surplus of the bank.
13		The liabilities to any state bank of a person may exceed
14		25% of the unimpaired capital and unimpaired surplus of the
15		bank, provided that (i) the excess amount from time to time
16		outstanding is fully secured by readily marketable collateral
17		having a market value, as determined by reliable and
18		continuously available quotations, at least equal to the
19		excess amount outstanding; and (ii) the total liabilities
20		shall not exceed 30% of the unimpaired capital and unimpaired
21		surplus of the bank.
22		The following shall not be considered as money borrowed
23		within 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
20		borrowed, or otherwise, shall not exceed 25% of the deposits
21		of the bank, and those total liabilities shall at no time
22		exceed 50% of the amount of the unimpaired capital and
23		unimpaired surplus of the bank. Absent an actual unremedied
24		breach, the obligation or responsibility for breach of
25		warranties or representations, express or implied, of a person
26		transferring negotiable or non-negotiable paper to a bank

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1		without recourse and without guaranty of payment, shall not be
2		included in determining the amount of liabilities of the
3		person to the bank for borrowed money or otherwise; and in the
4		event of and to the extent of an unremedied breach, the amount
5		remaining unpaid for principal and interest on the paper in
6		respect of which the unremedied breach exists shall thereafter
7		for the purpose of determining whether subsequent transactions
8		giving rise to additional liability of the person to the state
9		bank for borrowed money or otherwise are within the
10		limitations of Sections 32 through 34 of this Act, be included
11		in computing the amount of liabilities of the person for
12		borrowed money or otherwise.
13		The liability of a person to a state bank on account of
14		acceptances made or issued by the state bank on behalf of the
15		person shall be included in the computation of the total
16		liabilities of the person for money borrowed except to the
17		extent the acceptances grow out of transactions of the
18		character described in subsection (6) of Section 34 of this
19		Act and are otherwise within the limitations of that
20		subsection; provided nevertheless that any such excepted
21		acceptances acquired by the state bank which accepted the same
22		shall be included in the computation of the liabilities of the
23		person to the state bank for money borrowed.
24		The Secretary may adopt rules to address the funding by
25		banks of any loan commitment, when such funding would involve
26		additional extensions of credit to be made after the

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1		unimpaired capital and unimpaired surplus of the bank have
2		decreased and the Secretary determines that such decrease in
3		unimpaired capital and unimpaired surplus would cause the
4		additional extensions of credit to result in an unsafe and
5		unsound 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
10		records" 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

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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
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,
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.
3		Dated:.......................................................
4		Notary Public:...............................................
5		My 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

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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
2		not disclose to any person, except to the customer or his duly
3		authorized agent, any financial records or financial
4		information obtained from financial records relating to that
5		customer 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
17		paragraph (2) of subsection (c) of this Section under a lawful
18		subpoena, summons, warrant, citation to discover assets, or
19		court order only after the bank mails a copy of the subpoena,
20		summons, warrant, citation to discover assets, or court order
21		to the person establishing the relationship with the bank, if
22		living, and, otherwise his personal representative, if known,
23		at his last known address by first class mail, postage
24		prepaid, unless the bank is specifically prohibited from
25		notifying the person by order of court or by applicable State
26		or federal law. A bank shall not mail a copy of a subpoena to

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

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1		(205 ILCS 705/10)
2		Sec. 10. Electronic documents; digital signatures;
3		electronic notices.
4		(a) Electronic documents. If in the regular course of
5		business, a financial institution possesses, records, or
6		generates any document, representation, image, substitute
7		check, reproduction, or combination thereof, of any agreement,
8		transaction, act, occurrence, or event by any electronic or
9		computer-generated process that accurately reproduces,
10		comprises, or records the agreement, transaction, act,
11		occurrence, or event, the recording, comprising, or
12		reproduction shall have the same force and effect under the
13		laws of this State as one comprised, recorded, or created on
14		paper or other tangible form by writing, typing, printing, or
15		similar means.
16		(b) Digital signatures. In any communication,
17		acknowledgement, agreement, or contract between a financial
18		institution and its customer, in which a signature is required
19		or used, any party to the communication, acknowledgement,
20		agreement, or contract may affix a signature by use of a
21		digital signature, and the digital signature, when lawfully
22		used by the person whose signature it purports to be, shall
23		have the same force and effect as the use of a manual signature
24		if it is unique to the person using it, is capable of
25		verification, is under the sole control of the person using
26		it, and is linked to data in such a manner that if the data are

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1		changed, the digital signature is invalidated. Nothing in this
2		Section shall require any financial institution or customer to
3		use 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

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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
20		Section 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
24		annexed shall administer all the testate and intestate estate

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