Illinois 2023-2024 Regular Session

Illinois House Bill HB2537 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2537 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED: See Index Amends the Illinois Banking Act, the Savings Bank Act, and the Illinois Credit Union Act to provide that if a subpoena, summons, warrant, or other request for a customer's records is presented to a bank or credit union by an agency or department of the federal government, or by an officer, agent, or employee of such federal agency or department, the bank or credit union is not required to release records until the bank or credit union has been furnished with a written certification that the requesting agency or department has satisfied its obligations under the Right to Financial Privacy Act of 1978. Makes other changes. Amends the Illinois Trust and Payable on Death Accounts Act. Provides that a holder of a payment on death account may elect a per stirpes distribution option to the descendants of a natural person beneficiary if the beneficiary predeceases the last surviving holder of the account. Provides that the financial institution may rely on the account holder's written representation of the identity of the descendants of each beneficiary living at the time of the beneficiary designation, and may also rely on an affidavit executed by a natural person beneficiary or descendant of a natural person beneficiary of the last surviving holder of the account upon or after the death of the account holder that identifies the descendants of any predeceased natural person beneficiary. Provides that 100% of the account must be distributed to all beneficiaries upon the death of the last surviving holder of the account. Makes other changes. Amends the Promissory Note and Bank Holiday Act. Provides that, if the bank is going to be closed for no more than a half day to permit personnel to attend a funeral, visitation, or other memorial service held for a deceased officer, employee, or director of the bank, or a family member of such person, the bank need only notify the Secretary and post conspicuously in the lobby of any affected office or branch of the bank notice of the hours during which the bank will be closed. Requires the notification to the Secretary and posting of notice in the lobby of the office or branch to be accomplished not less than 24 hours in advance of the day during which such closing will occur. LRB103 29631 BMS 56027 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2537 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED: See Index See Index Amends the Illinois Banking Act, the Savings Bank Act, and the Illinois Credit Union Act to provide that if a subpoena, summons, warrant, or other request for a customer's records is presented to a bank or credit union by an agency or department of the federal government, or by an officer, agent, or employee of such federal agency or department, the bank or credit union is not required to release records until the bank or credit union has been furnished with a written certification that the requesting agency or department has satisfied its obligations under the Right to Financial Privacy Act of 1978. Makes other changes. Amends the Illinois Trust and Payable on Death Accounts Act. Provides that a holder of a payment on death account may elect a per stirpes distribution option to the descendants of a natural person beneficiary if the beneficiary predeceases the last surviving holder of the account. Provides that the financial institution may rely on the account holder's written representation of the identity of the descendants of each beneficiary living at the time of the beneficiary designation, and may also rely on an affidavit executed by a natural person beneficiary or descendant of a natural person beneficiary of the last surviving holder of the account upon or after the death of the account holder that identifies the descendants of any predeceased natural person beneficiary. Provides that 100% of the account must be distributed to all beneficiaries upon the death of the last surviving holder of the account. Makes other changes. Amends the Promissory Note and Bank Holiday Act. Provides that, if the bank is going to be closed for no more than a half day to permit personnel to attend a funeral, visitation, or other memorial service held for a deceased officer, employee, or director of the bank, or a family member of such person, the bank need only notify the Secretary and post conspicuously in the lobby of any affected office or branch of the bank notice of the hours during which the bank will be closed. Requires the notification to the Secretary and posting of notice in the lobby of the office or branch to be accomplished not less than 24 hours in advance of the day during which such closing will occur. LRB103 29631 BMS 56027 b LRB103 29631 BMS 56027 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2537 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED:
33 See Index See Index
44 See Index
55 Amends the Illinois Banking Act, the Savings Bank Act, and the Illinois Credit Union Act to provide that if a subpoena, summons, warrant, or other request for a customer's records is presented to a bank or credit union by an agency or department of the federal government, or by an officer, agent, or employee of such federal agency or department, the bank or credit union is not required to release records until the bank or credit union has been furnished with a written certification that the requesting agency or department has satisfied its obligations under the Right to Financial Privacy Act of 1978. Makes other changes. Amends the Illinois Trust and Payable on Death Accounts Act. Provides that a holder of a payment on death account may elect a per stirpes distribution option to the descendants of a natural person beneficiary if the beneficiary predeceases the last surviving holder of the account. Provides that the financial institution may rely on the account holder's written representation of the identity of the descendants of each beneficiary living at the time of the beneficiary designation, and may also rely on an affidavit executed by a natural person beneficiary or descendant of a natural person beneficiary of the last surviving holder of the account upon or after the death of the account holder that identifies the descendants of any predeceased natural person beneficiary. Provides that 100% of the account must be distributed to all beneficiaries upon the death of the last surviving holder of the account. Makes other changes. Amends the Promissory Note and Bank Holiday Act. Provides that, if the bank is going to be closed for no more than a half day to permit personnel to attend a funeral, visitation, or other memorial service held for a deceased officer, employee, or director of the bank, or a family member of such person, the bank need only notify the Secretary and post conspicuously in the lobby of any affected office or branch of the bank notice of the hours during which the bank will be closed. Requires the notification to the Secretary and posting of notice in the lobby of the office or branch to be accomplished not less than 24 hours in advance of the day during which such closing will occur.
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1111 1 AN ACT concerning regulation.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Illinois Banking Act is amended by changing
1515 5 Sections 48.1 and 80 as follows:
1616 6 (205 ILCS 5/48.1) (from Ch. 17, par. 360)
1717 7 Sec. 48.1. Customer financial records; confidentiality.
1818 8 (a) For the purpose of this Section, the term "financial
1919 9 records" means any original, any copy, or any summary of:
2020 10 (1) a document granting signature authority over a
2121 11 deposit or account;
2222 12 (2) a statement, ledger card or other record on any
2323 13 deposit or account, which shows each transaction in or
2424 14 with respect to that account;
2525 15 (3) a check, draft or money order drawn on a bank or
2626 16 issued and payable by a bank; or
2727 17 (4) any other item containing information pertaining
2828 18 to any relationship established in the ordinary course of
2929 19 a bank's business between a bank and its customer,
3030 20 including financial statements or other financial
3131 21 information provided by the customer.
3232 22 (b) This Section does not prohibit:
3333 23 (1) The preparation, examination, handling or
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2537 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED:
3838 See Index See Index
3939 See Index
4040 Amends the Illinois Banking Act, the Savings Bank Act, and the Illinois Credit Union Act to provide that if a subpoena, summons, warrant, or other request for a customer's records is presented to a bank or credit union by an agency or department of the federal government, or by an officer, agent, or employee of such federal agency or department, the bank or credit union is not required to release records until the bank or credit union has been furnished with a written certification that the requesting agency or department has satisfied its obligations under the Right to Financial Privacy Act of 1978. Makes other changes. Amends the Illinois Trust and Payable on Death Accounts Act. Provides that a holder of a payment on death account may elect a per stirpes distribution option to the descendants of a natural person beneficiary if the beneficiary predeceases the last surviving holder of the account. Provides that the financial institution may rely on the account holder's written representation of the identity of the descendants of each beneficiary living at the time of the beneficiary designation, and may also rely on an affidavit executed by a natural person beneficiary or descendant of a natural person beneficiary of the last surviving holder of the account upon or after the death of the account holder that identifies the descendants of any predeceased natural person beneficiary. Provides that 100% of the account must be distributed to all beneficiaries upon the death of the last surviving holder of the account. Makes other changes. Amends the Promissory Note and Bank Holiday Act. Provides that, if the bank is going to be closed for no more than a half day to permit personnel to attend a funeral, visitation, or other memorial service held for a deceased officer, employee, or director of the bank, or a family member of such person, the bank need only notify the Secretary and post conspicuously in the lobby of any affected office or branch of the bank notice of the hours during which the bank will be closed. Requires the notification to the Secretary and posting of notice in the lobby of the office or branch to be accomplished not less than 24 hours in advance of the day during which such closing will occur.
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6868 1 maintenance of any financial records by any officer,
6969 2 employee or agent of a bank having custody of the records,
7070 3 or the examination of the records by a certified public
7171 4 accountant engaged by the bank to perform an independent
7272 5 audit.
7373 6 (2) The examination of any financial records by, or
7474 7 the furnishing of financial records by a bank to, any
7575 8 officer, employee or agent of (i) the Commissioner of
7676 9 Banks and Real Estate, (ii) after May 31, 1997, a state
7777 10 regulatory authority authorized to examine a branch of a
7878 11 State bank located in another state, (iii) the Comptroller
7979 12 of the Currency, (iv) the Federal Reserve Board, or (v)
8080 13 the Federal Deposit Insurance Corporation for use solely
8181 14 in the exercise of his duties as an officer, employee, or
8282 15 agent.
8383 16 (3) The publication of data furnished from financial
8484 17 records relating to customers where the data cannot be
8585 18 identified to any particular customer or account.
8686 19 (4) The making of reports or returns required under
8787 20 Chapter 61 of the Internal Revenue Code of 1986.
8888 21 (5) Furnishing information concerning the dishonor of
8989 22 any negotiable instrument permitted to be disclosed under
9090 23 the Uniform Commercial Code.
9191 24 (6) The exchange in the regular course of business of
9292 25 (i) credit information between a bank and other banks or
9393 26 financial institutions or commercial enterprises, directly
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104104 1 or through a consumer reporting agency or (ii) financial
105105 2 records or information derived from financial records
106106 3 between a bank and other banks or financial institutions
107107 4 or commercial enterprises for the purpose of conducting
108108 5 due diligence pursuant to a purchase or sale involving the
109109 6 bank or assets or liabilities of the bank.
110110 7 (7) The furnishing of information to the appropriate
111111 8 law enforcement authorities where the bank reasonably
112112 9 believes it has been the victim of a crime.
113113 10 (8) The furnishing of information under the Revised
114114 11 Uniform Unclaimed Property Act.
115115 12 (9) The furnishing of information under the Illinois
116116 13 Income Tax Act and the Illinois Estate and
117117 14 Generation-Skipping Transfer Tax Act.
118118 15 (10) The furnishing of information under the federal
119119 16 Currency and Foreign Transactions Reporting Act Title 31,
120120 17 United States Code, Section 1051 et seq.
121121 18 (11) The furnishing of information under any other
122122 19 statute that by its terms or by regulations promulgated
123123 20 thereunder requires the disclosure of financial records
124124 21 other than by subpoena, summons, warrant, or court order.
125125 22 (12) The furnishing of information about the existence
126126 23 of an account of a person to a judgment creditor of that
127127 24 person who has made a written request for that
128128 25 information.
129129 26 (13) The exchange in the regular course of business of
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140140 1 information between commonly owned banks in connection
141141 2 with a transaction authorized under paragraph (23) of
142142 3 Section 5 and conducted at an affiliate facility.
143143 4 (14) The furnishing of information in accordance with
144144 5 the federal Personal Responsibility and Work Opportunity
145145 6 Reconciliation Act of 1996. Any bank governed by this Act
146146 7 shall enter into an agreement for data exchanges with a
147147 8 State agency provided the State agency pays to the bank a
148148 9 reasonable fee not to exceed its actual cost incurred. A
149149 10 bank providing information in accordance with this item
150150 11 shall not be liable to any account holder or other person
151151 12 for any disclosure of information to a State agency, for
152152 13 encumbering or surrendering any assets held by the bank in
153153 14 response to a lien or order to withhold and deliver issued
154154 15 by a State agency, or for any other action taken pursuant
155155 16 to this item, including individual or mechanical errors,
156156 17 provided the action does not constitute gross negligence
157157 18 or willful misconduct. A bank shall have no obligation to
158158 19 hold, encumber, or surrender assets until it has been
159159 20 served with a subpoena, summons, warrant, court or
160160 21 administrative order, lien, or levy.
161161 22 (15) The exchange in the regular course of business of
162162 23 information between a bank and any commonly owned
163163 24 affiliate of the bank, subject to the provisions of the
164164 25 Financial Institutions Insurance Sales Law.
165165 26 (16) The furnishing of information to law enforcement
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176176 1 authorities, the Illinois Department on Aging and its
177177 2 regional administrative and provider agencies, the
178178 3 Department of Human Services Office of Inspector General,
179179 4 or public guardians: (i) upon subpoena by the
180180 5 investigatory entity or the guardian, or (ii) if there is
181181 6 suspicion by the bank that a customer who is an elderly
182182 7 person or person with a disability has been or may become
183183 8 the victim of financial exploitation. For the purposes of
184184 9 this item (16), the term: (i) "elderly person" means a
185185 10 person who is 60 or more years of age, (ii) "disabled
186186 11 person" means a person who has or reasonably appears to
187187 12 the bank to have a physical or mental disability that
188188 13 impairs his or her ability to seek or obtain protection
189189 14 from or prevent financial exploitation, and (iii)
190190 15 "financial exploitation" means tortious or illegal use of
191191 16 the assets or resources of an elderly or disabled person,
192192 17 and includes, without limitation, misappropriation of the
193193 18 elderly or disabled person's assets or resources by undue
194194 19 influence, breach of fiduciary relationship, intimidation,
195195 20 fraud, deception, extortion, or the use of assets or
196196 21 resources in any manner contrary to law. A bank or person
197197 22 furnishing information pursuant to this item (16) shall be
198198 23 entitled to the same rights and protections as a person
199199 24 furnishing information under the Adult Protective Services
200200 25 Act and the Illinois Domestic Violence Act of 1986.
201201 26 (17) The disclosure of financial records or
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212212 1 information as necessary to effect, administer, or enforce
213213 2 a transaction requested or authorized by the customer, or
214214 3 in connection with:
215215 4 (A) servicing or processing a financial product or
216216 5 service requested or authorized by the customer;
217217 6 (B) maintaining or servicing a customer's account
218218 7 with the bank; or
219219 8 (C) a proposed or actual securitization or
220220 9 secondary market sale (including sales of servicing
221221 10 rights) related to a transaction of a customer.
222222 11 Nothing in this item (17), however, authorizes the
223223 12 sale of the financial records or information of a customer
224224 13 without the consent of the customer.
225225 14 (18) The disclosure of financial records or
226226 15 information as necessary to protect against actual or
227227 16 potential fraud, unauthorized transactions, claims, or
228228 17 other liability.
229229 18 (19)(A) The disclosure of financial records or
230230 19 information related to a private label credit program
231231 20 between a financial institution and a private label party
232232 21 in connection with that private label credit program. Such
233233 22 information is limited to outstanding balance, available
234234 23 credit, payment and performance and account history,
235235 24 product references, purchase information, and information
236236 25 related to the identity of the customer.
237237 26 (B)(1) For purposes of this paragraph (19) of
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248248 1 subsection (b) of Section 48.1, a "private label credit
249249 2 program" means a credit program involving a financial
250250 3 institution and a private label party that is used by a
251251 4 customer of the financial institution and the private
252252 5 label party primarily for payment for goods or services
253253 6 sold, manufactured, or distributed by a private label
254254 7 party.
255255 8 (2) For purposes of this paragraph (19) of subsection
256256 9 (b) of Section 48.1, a "private label party" means, with
257257 10 respect to a private label credit program, any of the
258258 11 following: a retailer, a merchant, a manufacturer, a trade
259259 12 group, or any such person's affiliate, subsidiary, member,
260260 13 agent, or service provider.
261261 14 (20)(A) The furnishing of financial records of a
262262 15 customer to the Department to aid the Department's initial
263263 16 determination or subsequent re-determination of the
264264 17 customer's eligibility for Medicaid and Medicaid long-term
265265 18 care benefits for long-term care services, provided that
266266 19 the bank receives the written consent and authorization of
267267 20 the customer, which shall:
268268 21 (1) have the customer's signature notarized;
269269 22 (2) be signed by at least one witness who
270270 23 certifies that he or she believes the customer to be of
271271 24 sound mind and memory;
272272 25 (3) be tendered to the bank at the earliest
273273 26 practicable time following its execution,
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284284 1 certification, and notarization;
285285 2 (4) specifically limit the disclosure of the
286286 3 customer's financial records to the Department; and
287287 4 (5) be in substantially the following form:
288288 5 CUSTOMER CONSENT AND AUTHORIZATION
289289 6 FOR RELEASE OF FINANCIAL RECORDS
290290 7 I, ......................................., hereby authorize
291291 8 (Name of Customer)
292292 9 .............................................................
293293 10 (Name of Financial Institution)
294294 11 .............................................................
295295 12 (Address of Financial Institution)
296296 13 to disclose the following financial records:
297297 14 any and all information concerning my deposit, savings, money
298298 15 market, certificate of deposit, individual retirement,
299299 16 retirement plan, 401(k) plan, incentive plan, employee benefit
300300 17 plan, mutual fund and loan accounts (including, but not
301301 18 limited to, any indebtedness or obligation for which I am a
302302 19 co-borrower, co-obligor, guarantor, or surety), and any and
303303 20 all other accounts in which I have an interest and any other
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314314 1 information regarding me in the possession of the Financial
315315 2 Institution,
316316 3 to the Illinois Department of Human Services or the Illinois
317317 4 Department of Healthcare and Family Services, or both ("the
318318 5 Department"), for the following purpose(s):
319319 6 to aid in the initial determination or re-determination by the
320320 7 State of Illinois of my eligibility for Medicaid long-term
321321 8 care benefits, pursuant to applicable law.
322322 9 I understand that this Consent and Authorization may be
323323 10 revoked by me in writing at any time before my financial
324324 11 records, as described above, are disclosed, and that this
325325 12 Consent and Authorization is valid until the Financial
326326 13 Institution receives my written revocation. This Consent and
327327 14 Authorization shall constitute valid authorization for the
328328 15 Department identified above to inspect all such financial
329329 16 records set forth above, and to request and receive copies of
330330 17 such financial records from the Financial Institution (subject
331331 18 to such records search and reproduction reimbursement policies
332332 19 as the Financial Institution may have in place). An executed
333333 20 copy of this Consent and Authorization shall be sufficient and
334334 21 as good as the original and permission is hereby granted to
335335 22 honor a photostatic or electronic copy of this Consent and
336336 23 Authorization. Disclosure is strictly limited to the
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347347 1 Department identified above and no other person or entity
348348 2 shall receive my financial records pursuant to this Consent
349349 3 and Authorization. By signing this form, I agree to indemnify
350350 4 and hold the Financial Institution harmless from any and all
351351 5 claims, demands, and losses, including reasonable attorneys
352352 6 fees and expenses, arising from or incurred in its reliance on
353353 7 this Consent and Authorization. As used herein, "Customer"
354354 8 shall mean "Member" if the Financial Institution is a credit
355355 9 union.
356356 10 ....................... ......................
357357 11 (Date) (Signature of Customer)
358358 12 ......................
359359 13 ......................
360360 14 (Address of Customer)
361361 15 ......................
362362 16 (Customer's birth date)
363363 17 (month/day/year)
364364 18 The undersigned witness certifies that .................,
365365 19 known to me to be the same person whose name is subscribed as
366366 20 the customer to the foregoing Consent and Authorization,
367367 21 appeared before me and the notary public and acknowledged
368368 22 signing and delivering the instrument as his or her free and
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379379 1 voluntary act for the uses and purposes therein set forth. I
380380 2 believe him or her to be of sound mind and memory. The
381381 3 undersigned witness also certifies that the witness is not an
382382 4 owner, operator, or relative of an owner or operator of a
383383 5 long-term care facility in which the customer is a patient or
384384 6 resident.
385385 7 Dated: ................. ......................
386386 8 (Signature of Witness)
387387 9 ......................
388388 10 (Print Name of Witness)
389389 11 ......................
390390 12 ......................
391391 13 (Address of Witness)
392392 14 State of Illinois)
393393 15 ) ss.
394394 16 County of .......)
395395 17 The undersigned, a notary public in and for the above county
396396 18 and state, certifies that .........., known to me to be the
397397 19 same person whose name is subscribed as the customer to the
398398 20 foregoing Consent and Authorization, appeared before me
399399 21 together with the witness, .........., in person and
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410410 1 acknowledged signing and delivering the instrument as the free
411411 2 and voluntary act of the customer for the uses and purposes
412412 3 therein set forth.
413413 4 Dated:.......................................................
414414 5 Notary Public:...............................................
415415 6 My commission expires:.......................................
416416 7 (B) In no event shall the bank distribute the
417417 8 customer's financial records to the long-term care
418418 9 facility from which the customer seeks initial or
419419 10 continuing residency or long-term care services.
420420 11 (C) A bank providing financial records of a customer
421421 12 in good faith relying on a consent and authorization
422422 13 executed and tendered in accordance with this paragraph
423423 14 (20) shall not be liable to the customer or any other
424424 15 person in relation to the bank's disclosure of the
425425 16 customer's financial records to the Department. The
426426 17 customer signing the consent and authorization shall
427427 18 indemnify and hold the bank harmless that relies in good
428428 19 faith upon the consent and authorization and incurs a loss
429429 20 because of such reliance. The bank recovering under this
430430 21 indemnification provision shall also be entitled to
431431 22 reasonable attorney's fees and the expenses of recovery.
432432 23 (D) A bank shall be reimbursed by the customer for all
433433 24 costs reasonably necessary and directly incurred in
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444444 1 searching for, reproducing, and disclosing a customer's
445445 2 financial records required or requested to be produced
446446 3 pursuant to any consent and authorization executed under
447447 4 this paragraph (20). The requested financial records shall
448448 5 be delivered to the Department within 10 days after
449449 6 receiving a properly executed consent and authorization or
450450 7 at the earliest practicable time thereafter if the
451451 8 requested records cannot be delivered within 10 days, but
452452 9 delivery may be delayed until the final reimbursement of
453453 10 all costs is received by the bank. The bank may honor a
454454 11 photostatic or electronic copy of a properly executed
455455 12 consent and authorization.
456456 13 (E) Nothing in this paragraph (20) shall impair,
457457 14 abridge, or abrogate the right of a customer to:
458458 15 (1) directly disclose his or her financial records
459459 16 to the Department or any other person; or
460460 17 (2) authorize his or her attorney or duly
461461 18 appointed agent to request and obtain the customer's
462462 19 financial records and disclose those financial records
463463 20 to the Department.
464464 21 (F) For purposes of this paragraph (20), "Department"
465465 22 means the Department of Human Services and the Department
466466 23 of Healthcare and Family Services or any successor
467467 24 administrative agency of either agency.
468468 25 (c) Except as otherwise provided by this Act, a bank may
469469 26 not disclose to any person, except to the customer or his duly
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480480 1 authorized agent, any financial records or financial
481481 2 information obtained from financial records relating to that
482482 3 customer of that bank unless:
483483 4 (1) the customer has authorized disclosure to the
484484 5 person;
485485 6 (2) the financial records are disclosed in response to
486486 7 a lawful subpoena, summons, warrant, citation to discover
487487 8 assets, or court order which meets the requirements of
488488 9 subsection (d) of this Section; or
489489 10 (3) the bank is attempting to collect an obligation
490490 11 owed to the bank and the bank complies with the provisions
491491 12 of Section 2I of the Consumer Fraud and Deceptive Business
492492 13 Practices Act.
493493 14 (d) A bank shall disclose financial records under
494494 15 paragraph (2) of subsection (c) of this Section under a lawful
495495 16 subpoena, summons, warrant, citation to discover assets, or
496496 17 court order only after the bank sends a copy of the subpoena,
497497 18 summons, warrant, citation to discover assets, or court order
498498 19 to the person establishing the relationship with the bank, if
499499 20 living, and, otherwise the person's personal representative,
500500 21 if known, at the person's last known address by first class
501501 22 mail, postage prepaid, through a third-party commercial
502502 23 carrier or courier with delivery charge fully prepaid, by hand
503503 24 delivery, or by electronic delivery at an email address on
504504 25 file with the bank (if the person establishing the
505505 26 relationship with the bank has consented to receive electronic
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516516 1 delivery and, if the person establishing the relationship with
517517 2 the bank is a consumer, the person has consented under the
518518 3 consumer consent provisions set forth in Section 7001 of Title
519519 4 15 of the United States Code), unless the bank is specifically
520520 5 prohibited from notifying the person by order of court or by
521521 6 applicable State or federal law. A bank shall not mail a copy
522522 7 of a subpoena to any person pursuant to this subsection if the
523523 8 subpoena was issued by a grand jury under the Statewide Grand
524524 9 Jury Act.
525525 10 (d-1) If a subpoena, summons, warrant, or other request
526526 11 for a customer's records is presented to the bank by an agency
527527 12 or department of the federal government, or by an officer,
528528 13 agent, or employee of such federal agency or department, a
529529 14 bank is not required to release records until the bank has been
530530 15 furnished with a written certification that the requesting
531531 16 agency or department has satisfied its obligations under the
532532 17 federal Right to Financial Privacy Act of 1978.
533533 18 (e) Any officer or employee of a bank who knowingly and
534534 19 willfully furnishes financial records in violation of this
535535 20 Section is guilty of a business offense and, upon conviction,
536536 21 shall be fined not more than $1,000.
537537 22 (f) Any person who knowingly and willfully induces or
538538 23 attempts to induce any officer or employee of a bank to
539539 24 disclose financial records in violation of this Section is
540540 25 guilty of a business offense and, upon conviction, shall be
541541 26 fined not more than $1,000.
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552552 1 (g) A bank shall be reimbursed for costs that are
553553 2 reasonably necessary and that have been directly incurred in
554554 3 searching for, reproducing, or transporting books, papers,
555555 4 records, or other data required or requested to be produced
556556 5 pursuant to a lawful subpoena, summons, warrant, citation to
557557 6 discover assets, or court order. The Commissioner shall
558558 7 determine the rates and conditions under which payment may be
559559 8 made.
560560 9 (Source: P.A. 101-81, eff. 7-12-19; 102-873, eff. 5-13-22.)
561561 10 (205 ILCS 5/80) (from Ch. 17, par. 392)
562562 11 Sec. 80. Board; powers. The Board shall have the following
563563 12 powers in addition to any others that may be granted to it by
564564 13 law:
565565 14 (a) (Blank).
566566 15 (b) To review, consider, and make recommendations to the
567567 16 Director of Banking upon any banking matters.
568568 17 (c) (Blank).
569569 18 (d) (Blank).
570570 19 (e) To review, consider, and submit to the Director of
571571 20 Banking and to the Governor proposals for amendments to this
572572 21 Act or for changes in or additions to the administration
573573 22 thereof which in the opinion of the Board are necessary or
574574 23 desirable in order to assure the safe and sound conduct of the
575575 24 banking business.
576576 25 (f) To require the Secretary to furnish the Board space
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587587 1 for meetings to be held by the Board as well as to require the
588588 2 Secretary to provide such clerical and technical assistance as
589589 3 the Board may require.
590590 4 (g) To adopt its own by-laws with respect to Board
591591 5 meetings and procedures. Such by-laws shall provide that:
592592 6 (i) A majority of the whole Board constitutes a
593593 7 quorum.
594594 8 (ii) A majority of the quorum shall constitute
595595 9 effective action except that a vote of a majority of the
596596 10 whole Board shall be necessary for recommendations made to
597597 11 the Director of Banking and to the Governor with regard to
598598 12 proposed amendments to this Act or to the administrative
599599 13 practices hereunder.
600600 14 (iii) The Board shall meet at least once in each
601601 15 calendar year and upon the call of the Director of Banking
602602 16 or a majority of the Board. The Director of Banking or a
603603 17 majority of the Board may call such special or additional
604604 18 meetings as may be deemed necessary or desirable.
605605 19 (h) (Blank).
606606 20 (i) (Blank).
607607 21 (j) (Blank).
608608 22 (k) (Blank).
609609 23 (l) (Blank).
610610 24 (m) To authorize the transfer of funds from the Illinois
611611 25 Bank Examiners' Education Fund to the Bank and Trust Company
612612 26 Fund. Any amount transferred shall be retransferred to the
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623623 1 Illinois Bank Examiners' Education Fund from the Bank and
624624 2 Trust Company Fund within 3 years.
625625 3 (n) To maintain and direct the investments of the Illinois
626626 4 Bank Examiners' Education Fund.
627627 5 (o) To evaluate various courses, programs, curricula, and
628628 6 schools of continuing education and professional training that
629629 7 are available from within the United States for State banking
630630 8 department examination personnel and develop a program known
631631 9 as the Illinois Bank Examiners' Education Program. The Board
632632 10 shall determine which courses, programs, curricula, and
633633 11 schools will be included in the Program to be funded by the
634634 12 Foundation.
635635 13 (p) To review and examine bank call report fee revenue and
636636 14 the disbursement of the fees.
637637 15 (Source: P.A. 96-1163, eff. 1-1-11.)
638638 16 Section 10. The Savings Bank Act is amended by changing
639639 17 Section 4013 as follows:
640640 18 (205 ILCS 205/4013) (from Ch. 17, par. 7304-13)
641641 19 Sec. 4013. Access to books and records; communication with
642642 20 members and shareholders.
643643 21 (a) Every member or shareholder shall have the right to
644644 22 inspect books and records of the savings bank that pertain to
645645 23 his accounts. Otherwise, the right of inspection and
646646 24 examination of the books and records shall be limited as
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657657 1 provided in this Act, and no other person shall have access to
658658 2 the books and records nor shall be entitled to a list of the
659659 3 members or shareholders.
660660 4 (b) For the purpose of this Section, the term "financial
661661 5 records" means any original, any copy, or any summary of (1) a
662662 6 document granting signature authority over a deposit or
663663 7 account; (2) a statement, ledger card, or other record on any
664664 8 deposit or account that shows each transaction in or with
665665 9 respect to that account; (3) a check, draft, or money order
666666 10 drawn on a savings bank or issued and payable by a savings
667667 11 bank; or (4) any other item containing information pertaining
668668 12 to any relationship established in the ordinary course of a
669669 13 savings bank's business between a savings bank and its
670670 14 customer, including financial statements or other financial
671671 15 information provided by the member or shareholder.
672672 16 (c) This Section does not prohibit:
673673 17 (1) The preparation, examination, handling, or
674674 18 maintenance of any financial records by any officer,
675675 19 employee, or agent of a savings bank having custody of
676676 20 records or examination of records by a certified public
677677 21 accountant engaged by the savings bank to perform an
678678 22 independent audit.
679679 23 (2) The examination of any financial records by, or
680680 24 the furnishing of financial records by a savings bank to,
681681 25 any officer, employee, or agent of the Commissioner of
682682 26 Banks and Real Estate or the federal depository
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693693 1 institution regulator for use solely in the exercise of
694694 2 his duties as an officer, employee, or agent.
695695 3 (3) The publication of data furnished from financial
696696 4 records relating to members or holders of capital where
697697 5 the data cannot be identified to any particular member,
698698 6 shareholder, or account.
699699 7 (4) The making of reports or returns required under
700700 8 Chapter 61 of the Internal Revenue Code of 1986.
701701 9 (5) Furnishing information concerning the dishonor of
702702 10 any negotiable instrument permitted to be disclosed under
703703 11 the Uniform Commercial Code.
704704 12 (6) The exchange in the regular course of business of
705705 13 (i) credit information between a savings bank and other
706706 14 savings banks or financial institutions or commercial
707707 15 enterprises, directly or through a consumer reporting
708708 16 agency or (ii) financial records or information derived
709709 17 from financial records between a savings bank and other
710710 18 savings banks or financial institutions or commercial
711711 19 enterprises for the purpose of conducting due diligence
712712 20 pursuant to a purchase or sale involving the savings bank
713713 21 or assets or liabilities of the savings bank.
714714 22 (7) The furnishing of information to the appropriate
715715 23 law enforcement authorities where the savings bank
716716 24 reasonably believes it has been the victim of a crime.
717717 25 (8) The furnishing of information pursuant to the
718718 26 Revised Uniform Unclaimed Property Act.
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729729 1 (9) The furnishing of information pursuant to the
730730 2 Illinois Income Tax Act and the Illinois Estate and
731731 3 Generation-Skipping Transfer Tax Act.
732732 4 (10) The furnishing of information pursuant to the
733733 5 federal Currency and Foreign Transactions Reporting Act,
734734 6 (Title 31, United States Code, Section 1051 et seq.).
735735 7 (11) The furnishing of information pursuant to any
736736 8 other statute which by its terms or by regulations
737737 9 promulgated thereunder requires the disclosure of
738738 10 financial records other than by subpoena, summons,
739739 11 warrant, or court order.
740740 12 (12) The furnishing of information in accordance with
741741 13 the federal Personal Responsibility and Work Opportunity
742742 14 Reconciliation Act of 1996. Any savings bank governed by
743743 15 this Act shall enter into an agreement for data exchanges
744744 16 with a State agency provided the State agency pays to the
745745 17 savings bank a reasonable fee not to exceed its actual
746746 18 cost incurred. A savings bank providing information in
747747 19 accordance with this item shall not be liable to any
748748 20 account holder or other person for any disclosure of
749749 21 information to a State agency, for encumbering or
750750 22 surrendering any assets held by the savings bank in
751751 23 response to a lien or order to withhold and deliver issued
752752 24 by a State agency, or for any other action taken pursuant
753753 25 to this item, including individual or mechanical errors,
754754 26 provided the action does not constitute gross negligence
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765765 1 or willful misconduct. A savings bank shall have no
766766 2 obligation to hold, encumber, or surrender assets until it
767767 3 has been served with a subpoena, summons, warrant, court
768768 4 or administrative order, lien, or levy.
769769 5 (13) The furnishing of information to law enforcement
770770 6 authorities, the Illinois Department on Aging and its
771771 7 regional administrative and provider agencies, the
772772 8 Department of Human Services Office of Inspector General,
773773 9 or public guardians: (i) upon subpoena by the
774774 10 investigatory entity or the guardian, or (ii) if there is
775775 11 suspicion by the savings bank that a customer who is an
776776 12 elderly person or person with a disability has been or may
777777 13 become the victim of financial exploitation. For the
778778 14 purposes of this item (13), the term: (i) "elderly person"
779779 15 means a person who is 60 or more years of age, (ii) "person
780780 16 with a disability" means a person who has or reasonably
781781 17 appears to the savings bank to have a physical or mental
782782 18 disability that impairs his or her ability to seek or
783783 19 obtain protection from or prevent financial exploitation,
784784 20 and (iii) "financial exploitation" means tortious or
785785 21 illegal use of the assets or resources of an elderly
786786 22 person or person with a disability, and includes, without
787787 23 limitation, misappropriation of the assets or resources of
788788 24 the elderly person or person with a disability by undue
789789 25 influence, breach of fiduciary relationship, intimidation,
790790 26 fraud, deception, extortion, or the use of assets or
791791
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801801 1 resources in any manner contrary to law. A savings bank or
802802 2 person furnishing information pursuant to this item (13)
803803 3 shall be entitled to the same rights and protections as a
804804 4 person furnishing information under the Adult Protective
805805 5 Services Act and the Illinois Domestic Violence Act of
806806 6 1986.
807807 7 (14) The disclosure of financial records or
808808 8 information as necessary to effect, administer, or enforce
809809 9 a transaction requested or authorized by the member or
810810 10 holder of capital, or in connection with:
811811 11 (A) servicing or processing a financial product or
812812 12 service requested or authorized by the member or
813813 13 holder of capital;
814814 14 (B) maintaining or servicing an account of a
815815 15 member or holder of capital with the savings bank; or
816816 16 (C) a proposed or actual securitization or
817817 17 secondary market sale (including sales of servicing
818818 18 rights) related to a transaction of a member or holder
819819 19 of capital.
820820 20 Nothing in this item (14), however, authorizes the
821821 21 sale of the financial records or information of a member
822822 22 or holder of capital without the consent of the member or
823823 23 holder of capital.
824824 24 (15) The exchange in the regular course of business of
825825 25 information between a savings bank and any commonly owned
826826 26 affiliate of the savings bank, subject to the provisions
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837837 1 of the Financial Institutions Insurance Sales Law.
838838 2 (16) The disclosure of financial records or
839839 3 information as necessary to protect against or prevent
840840 4 actual or potential fraud, unauthorized transactions,
841841 5 claims, or other liability.
842842 6 (17)(a) The disclosure of financial records or
843843 7 information related to a private label credit program
844844 8 between a financial institution and a private label party
845845 9 in connection with that private label credit program. Such
846846 10 information is limited to outstanding balance, available
847847 11 credit, payment and performance and account history,
848848 12 product references, purchase information, and information
849849 13 related to the identity of the customer.
850850 14 (b)(1) For purposes of this paragraph (17) of
851851 15 subsection (c) of Section 4013, a "private label credit
852852 16 program" means a credit program involving a financial
853853 17 institution and a private label party that is used by a
854854 18 customer of the financial institution and the private
855855 19 label party primarily for payment for goods or services
856856 20 sold, manufactured, or distributed by a private label
857857 21 party.
858858 22 (2) For purposes of this paragraph (17) of subsection
859859 23 (c) of Section 4013, a "private label party" means, with
860860 24 respect to a private label credit program, any of the
861861 25 following: a retailer, a merchant, a manufacturer, a trade
862862 26 group, or any such person's affiliate, subsidiary, member,
863863
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873873 1 agent, or service provider.
874874 2 (18)(a) The furnishing of financial records of a
875875 3 customer to the Department to aid the Department's initial
876876 4 determination or subsequent re-determination of the
877877 5 customer's eligibility for Medicaid and Medicaid long-term
878878 6 care benefits for long-term care services, provided that
879879 7 the savings bank receives the written consent and
880880 8 authorization of the customer, which shall:
881881 9 (1) have the customer's signature notarized;
882882 10 (2) be signed by at least one witness who
883883 11 certifies that he or she believes the customer to be of
884884 12 sound mind and memory;
885885 13 (3) be tendered to the savings bank at the
886886 14 earliest practicable time following its execution,
887887 15 certification, and notarization;
888888 16 (4) specifically limit the disclosure of the
889889 17 customer's financial records to the Department; and
890890 18 (5) be in substantially the following form:
891891 19 CUSTOMER CONSENT AND AUTHORIZATION
892892 20 FOR RELEASE OF FINANCIAL RECORDS
893893 21 I, ......................................., hereby authorize
894894 22 (Name of Customer)
895895 23 .............................................................
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906906 1 (Name of Financial Institution)
907907 2 .............................................................
908908 3 (Address of Financial Institution)
909909 4 to disclose the following financial records:
910910 5 any and all information concerning my deposit, savings, money
911911 6 market, certificate of deposit, individual retirement,
912912 7 retirement plan, 401(k) plan, incentive plan, employee benefit
913913 8 plan, mutual fund and loan accounts (including, but not
914914 9 limited to, any indebtedness or obligation for which I am a
915915 10 co-borrower, co-obligor, guarantor, or surety), and any and
916916 11 all other accounts in which I have an interest and any other
917917 12 information regarding me in the possession of the Financial
918918 13 Institution,
919919 14 to the Illinois Department of Human Services or the Illinois
920920 15 Department of Healthcare and Family Services, or both ("the
921921 16 Department"), for the following purpose(s):
922922 17 to aid in the initial determination or re-determination by the
923923 18 State of Illinois of my eligibility for Medicaid long-term
924924 19 care benefits, pursuant to applicable law.
925925 20 I understand that this Consent and Authorization may be
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936936 1 revoked by me in writing at any time before my financial
937937 2 records, as described above, are disclosed, and that this
938938 3 Consent and Authorization is valid until the Financial
939939 4 Institution receives my written revocation. This Consent and
940940 5 Authorization shall constitute valid authorization for the
941941 6 Department identified above to inspect all such financial
942942 7 records set forth above, and to request and receive copies of
943943 8 such financial records from the Financial Institution (subject
944944 9 to such records search and reproduction reimbursement policies
945945 10 as the Financial Institution may have in place). An executed
946946 11 copy of this Consent and Authorization shall be sufficient and
947947 12 as good as the original and permission is hereby granted to
948948 13 honor a photostatic or electronic copy of this Consent and
949949 14 Authorization. Disclosure is strictly limited to the
950950 15 Department identified above and no other person or entity
951951 16 shall receive my financial records pursuant to this Consent
952952 17 and Authorization. By signing this form, I agree to indemnify
953953 18 and hold the Financial Institution harmless from any and all
954954 19 claims, demands, and losses, including reasonable attorneys
955955 20 fees and expenses, arising from or incurred in its reliance on
956956 21 this Consent and Authorization. As used herein, "Customer"
957957 22 shall mean "Member" if the Financial Institution is a credit
958958 23 union.
959959 24 ....................... ......................
960960 25 (Date) (Signature of Customer)
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971971 1 ......................
972972 2 ......................
973973 3 (Address of Customer)
974974 4 ......................
975975 5 (Customer's birth date)
976976 6 (month/day/year)
977977 7 The undersigned witness certifies that .................,
978978 8 known to me to be the same person whose name is subscribed as
979979 9 the customer to the foregoing Consent and Authorization,
980980 10 appeared before me and the notary public and acknowledged
981981 11 signing and delivering the instrument as his or her free and
982982 12 voluntary act for the uses and purposes therein set forth. I
983983 13 believe him or her to be of sound mind and memory. The
984984 14 undersigned witness also certifies that the witness is not an
985985 15 owner, operator, or relative of an owner or operator of a
986986 16 long-term care facility in which the customer is a patient or
987987 17 resident.
988988 18 Dated: ................. ......................
989989 19 (Signature of Witness)
990990 20 ......................
991991 21 (Print Name of Witness)
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10021002 1 ......................
10031003 2 ......................
10041004 3 (Address of Witness)
10051005 4 State of Illinois)
10061006 5 ) ss.
10071007 6 County of .......)
10081008 7 The undersigned, a notary public in and for the above county
10091009 8 and state, certifies that .........., known to me to be the
10101010 9 same person whose name is subscribed as the customer to the
10111011 10 foregoing Consent and Authorization, appeared before me
10121012 11 together with the witness, .........., in person and
10131013 12 acknowledged signing and delivering the instrument as the free
10141014 13 and voluntary act of the customer for the uses and purposes
10151015 14 therein set forth.
10161016 15 Dated:.......................................................
10171017 16 Notary Public:...............................................
10181018 17 My commission expires:.......................................
10191019 18 (b) In no event shall the savings bank distribute the
10201020 19 customer's financial records to the long-term care
10211021 20 facility from which the customer seeks initial or
10221022 21 continuing residency or long-term care services.
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10331033 1 (c) A savings bank providing financial records of a
10341034 2 customer in good faith relying on a consent and
10351035 3 authorization executed and tendered in accordance with
10361036 4 this paragraph (18) shall not be liable to the customer or
10371037 5 any other person in relation to the savings bank's
10381038 6 disclosure of the customer's financial records to the
10391039 7 Department. The customer signing the consent and
10401040 8 authorization shall indemnify and hold the savings bank
10411041 9 harmless that relies in good faith upon the consent and
10421042 10 authorization and incurs a loss because of such reliance.
10431043 11 The savings bank recovering under this indemnification
10441044 12 provision shall also be entitled to reasonable attorney's
10451045 13 fees and the expenses of recovery.
10461046 14 (d) A savings bank shall be reimbursed by the customer
10471047 15 for all costs reasonably necessary and directly incurred
10481048 16 in searching for, reproducing, and disclosing a customer's
10491049 17 financial records required or requested to be produced
10501050 18 pursuant to any consent and authorization executed under
10511051 19 this paragraph (18). The requested financial records shall
10521052 20 be delivered to the Department within 10 days after
10531053 21 receiving a properly executed consent and authorization or
10541054 22 at the earliest practicable time thereafter if the
10551055 23 requested records cannot be delivered within 10 days, but
10561056 24 delivery may be delayed until the final reimbursement of
10571057 25 all costs is received by the savings bank. The savings
10581058 26 bank may honor a photostatic or electronic copy of a
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10691069 1 properly executed consent and authorization.
10701070 2 (e) Nothing in this paragraph (18) shall impair,
10711071 3 abridge, or abrogate the right of a customer to:
10721072 4 (1) directly disclose his or her financial records
10731073 5 to the Department or any other person; or
10741074 6 (2) authorize his or her attorney or duly
10751075 7 appointed agent to request and obtain the customer's
10761076 8 financial records and disclose those financial records
10771077 9 to the Department.
10781078 10 (f) For purposes of this paragraph (18), "Department"
10791079 11 means the Department of Human Services and the Department
10801080 12 of Healthcare and Family Services or any successor
10811081 13 administrative agency of either agency.
10821082 14 (d) A savings bank may not disclose to any person, except
10831083 15 to the member or holder of capital or his duly authorized
10841084 16 agent, any financial records relating to that member or
10851085 17 shareholder of the savings bank unless:
10861086 18 (1) the member or shareholder has authorized
10871087 19 disclosure to the person; or
10881088 20 (2) the financial records are disclosed in response to
10891089 21 a lawful subpoena, summons, warrant, citation to discover
10901090 22 assets, or court order that meets the requirements of
10911091 23 subsection (e) of this Section.
10921092 24 (e) A savings bank shall disclose financial records under
10931093 25 subsection (d) of this Section pursuant to a lawful subpoena,
10941094 26 summons, warrant, citation to discover assets, or court order
10951095
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11051105 1 only after the savings bank sends a copy of the subpoena,
11061106 2 summons, warrant, citation to discover assets, or court order
11071107 3 to the person establishing the relationship with the savings
11081108 4 bank, if living, and otherwise, the person's personal
11091109 5 representative, if known, at the person's last known address
11101110 6 by first class mail, postage prepaid, through a third-party
11111111 7 commercial carrier or courier with delivery charge fully
11121112 8 prepaid, by hand delivery, or by electronic delivery at an
11131113 9 email address on file with the savings bank (if the person
11141114 10 establishing the relationship with the savings bank has
11151115 11 consented to receive electronic delivery and, if the person
11161116 12 establishing the relationship with the savings bank is a
11171117 13 consumer, the person has consented under the consumer consent
11181118 14 provisions set forth in Section 7001 of Title 15 of the United
11191119 15 States Code), unless the savings bank is specifically
11201120 16 prohibited from notifying the person by order of court.
11211121 17 (e-1) If a subpoena, summons, warrant, or other request
11221122 18 for a customer's records is presented to the savings bank by an
11231123 19 agency or department of the federal government, or by an
11241124 20 officer, agent, or employee of such federal agency or
11251125 21 department, a savings bank is not required to release records
11261126 22 until the savings bank has been furnished with a written
11271127 23 certification that the requesting agency or department has
11281128 24 satisfied its obligations under the federal Right to Financial
11291129 25 Privacy Act of 1978.
11301130 26 (f) Any officer or employee of a savings bank who
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11411141 1 knowingly and willfully furnishes financial records in
11421142 2 violation of this Section is guilty of a business offense and,
11431143 3 upon conviction, shall be fined not more than $1,000.
11441144 4 (g) Any person who knowingly and willfully induces or
11451145 5 attempts to induce any officer or employee of a savings bank to
11461146 6 disclose financial records in violation of this Section is
11471147 7 guilty of a business offense and, upon conviction, shall be
11481148 8 fined not more than $1,000.
11491149 9 (h) If any member or shareholder desires to communicate
11501150 10 with the other members or shareholders of the savings bank
11511151 11 with reference to any question pending or to be presented at an
11521152 12 annual or special meeting, the savings bank shall give that
11531153 13 person, upon request, a statement of the approximate number of
11541154 14 members or shareholders entitled to vote at the meeting and an
11551155 15 estimate of the cost of preparing and mailing the
11561156 16 communication. The requesting member shall submit the
11571157 17 communication to the Commissioner who, upon finding it to be
11581158 18 appropriate and truthful, shall direct that it be prepared and
11591159 19 mailed to the members upon the requesting member's or
11601160 20 shareholder's payment or adequate provision for payment of the
11611161 21 expenses of preparation and mailing.
11621162 22 (i) A savings bank shall be reimbursed for costs that are
11631163 23 necessary and that have been directly incurred in searching
11641164 24 for, reproducing, or transporting books, papers, records, or
11651165 25 other data of a customer required to be reproduced pursuant to
11661166 26 a lawful subpoena, warrant, citation to discover assets, or
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11771177 1 court order.
11781178 2 (j) Notwithstanding the provisions of this Section, a
11791179 3 savings bank may sell or otherwise make use of lists of
11801180 4 customers' names and addresses. All other information
11811181 5 regarding a customer's account is subject to the disclosure
11821182 6 provisions of this Section. At the request of any customer,
11831183 7 that customer's name and address shall be deleted from any
11841184 8 list that is to be sold or used in any other manner beyond
11851185 9 identification of the customer's accounts.
11861186 10 (Source: P.A. 102-873, eff. 5-13-22.)
11871187 11 Section 15. The Illinois Credit Union Act is amended by
11881188 12 changing Section 10 as follows:
11891189 13 (205 ILCS 305/10) (from Ch. 17, par. 4411)
11901190 14 Sec. 10. Credit union records; member financial records.
11911191 15 (1) A credit union shall establish and maintain books,
11921192 16 records, accounting systems and procedures which accurately
11931193 17 reflect its operations and which enable the Department to
11941194 18 readily ascertain the true financial condition of the credit
11951195 19 union and whether it is complying with this Act.
11961196 20 (2) A photostatic or photographic reproduction of any
11971197 21 credit union records shall be admissible as evidence of
11981198 22 transactions with the credit union.
11991199 23 (3)(a) For the purpose of this Section, the term
12001200 24 "financial records" means any original, any copy, or any
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12111211 1 summary of (1) a document granting signature authority over an
12121212 2 account, (2) a statement, ledger card or other record on any
12131213 3 account which shows each transaction in or with respect to
12141214 4 that account, (3) a check, draft or money order drawn on a
12151215 5 financial institution or other entity or issued and payable by
12161216 6 or through a financial institution or other entity, or (4) any
12171217 7 other item containing information pertaining to any
12181218 8 relationship established in the ordinary course of business
12191219 9 between a credit union and its member, including financial
12201220 10 statements or other financial information provided by the
12211221 11 member.
12221222 12 (b) This Section does not prohibit:
12231223 13 (1) The preparation, examination, handling or
12241224 14 maintenance of any financial records by any officer,
12251225 15 employee or agent of a credit union having custody of such
12261226 16 records, or the examination of such records by a certified
12271227 17 public accountant engaged by the credit union to perform
12281228 18 an independent audit.
12291229 19 (2) The examination of any financial records by or the
12301230 20 furnishing of financial records by a credit union to any
12311231 21 officer, employee or agent of the Department, the National
12321232 22 Credit Union Administration, Federal Reserve board or any
12331233 23 insurer of share accounts for use solely in the exercise
12341234 24 of his duties as an officer, employee or agent.
12351235 25 (3) The publication of data furnished from financial
12361236 26 records relating to members where the data cannot be
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12471247 1 identified to any particular customer of account.
12481248 2 (4) The making of reports or returns required under
12491249 3 Chapter 61 of the Internal Revenue Code of 1954.
12501250 4 (5) Furnishing information concerning the dishonor of
12511251 5 any negotiable instrument permitted to be disclosed under
12521252 6 the Uniform Commercial Code.
12531253 7 (6) The exchange in the regular course of business of
12541254 8 (i) credit information between a credit union and other
12551255 9 credit unions or financial institutions or commercial
12561256 10 enterprises, directly or through a consumer reporting
12571257 11 agency or (ii) financial records or information derived
12581258 12 from financial records between a credit union and other
12591259 13 credit unions or financial institutions or commercial
12601260 14 enterprises for the purpose of conducting due diligence
12611261 15 pursuant to a merger or a purchase or sale of assets or
12621262 16 liabilities of the credit union.
12631263 17 (7) The furnishing of information to the appropriate
12641264 18 law enforcement authorities where the credit union
12651265 19 reasonably believes it has been the victim of a crime.
12661266 20 (8) The furnishing of information pursuant to the
12671267 21 Revised Uniform Unclaimed Property Act.
12681268 22 (9) The furnishing of information pursuant to the
12691269 23 Illinois Income Tax Act and the Illinois Estate and
12701270 24 Generation-Skipping Transfer Tax Act.
12711271 25 (10) The furnishing of information pursuant to the
12721272 26 federal Currency and Foreign Transactions Reporting Act,
12731273
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12831283 1 Title 31, United States Code, Section 1051 et sequentia.
12841284 2 (11) The furnishing of information pursuant to any
12851285 3 other statute which by its terms or by regulations
12861286 4 promulgated thereunder requires the disclosure of
12871287 5 financial records other than by subpoena, summons, warrant
12881288 6 or court order.
12891289 7 (12) The furnishing of information in accordance with
12901290 8 the federal Personal Responsibility and Work Opportunity
12911291 9 Reconciliation Act of 1996. Any credit union governed by
12921292 10 this Act shall enter into an agreement for data exchanges
12931293 11 with a State agency provided the State agency pays to the
12941294 12 credit union a reasonable fee not to exceed its actual
12951295 13 cost incurred. A credit union providing information in
12961296 14 accordance with this item shall not be liable to any
12971297 15 account holder or other person for any disclosure of
12981298 16 information to a State agency, for encumbering or
12991299 17 surrendering any assets held by the credit union in
13001300 18 response to a lien or order to withhold and deliver issued
13011301 19 by a State agency, or for any other action taken pursuant
13021302 20 to this item, including individual or mechanical errors,
13031303 21 provided the action does not constitute gross negligence
13041304 22 or willful misconduct. A credit union shall have no
13051305 23 obligation to hold, encumber, or surrender assets until it
13061306 24 has been served with a subpoena, summons, warrant, court
13071307 25 or administrative order, lien, or levy.
13081308 26 (13) The furnishing of information to law enforcement
13091309
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13191319 1 authorities, the Illinois Department on Aging and its
13201320 2 regional administrative and provider agencies, the
13211321 3 Department of Human Services Office of Inspector General,
13221322 4 or public guardians: (i) upon subpoena by the
13231323 5 investigatory entity or the guardian, or (ii) if there is
13241324 6 suspicion by the credit union that a member who is an
13251325 7 elderly person or person with a disability has been or may
13261326 8 become the victim of financial exploitation. For the
13271327 9 purposes of this item (13), the term: (i) "elderly person"
13281328 10 means a person who is 60 or more years of age, (ii) "person
13291329 11 with a disability" means a person who has or reasonably
13301330 12 appears to the credit union to have a physical or mental
13311331 13 disability that impairs his or her ability to seek or
13321332 14 obtain protection from or prevent financial exploitation,
13331333 15 and (iii) "financial exploitation" means tortious or
13341334 16 illegal use of the assets or resources of an elderly
13351335 17 person or person with a disability, and includes, without
13361336 18 limitation, misappropriation of the elderly or disabled
13371337 19 person's assets or resources by undue influence, breach of
13381338 20 fiduciary relationship, intimidation, fraud, deception,
13391339 21 extortion, or the use of assets or resources in any manner
13401340 22 contrary to law. A credit union or person furnishing
13411341 23 information pursuant to this item (13) shall be entitled
13421342 24 to the same rights and protections as a person furnishing
13431343 25 information under the Adult Protective Services Act and
13441344 26 the Illinois Domestic Violence Act of 1986.
13451345
13461346
13471347
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13551355 1 (14) The disclosure of financial records or
13561356 2 information as necessary to effect, administer, or enforce
13571357 3 a transaction requested or authorized by the member, or in
13581358 4 connection with:
13591359 5 (A) servicing or processing a financial product or
13601360 6 service requested or authorized by the member;
13611361 7 (B) maintaining or servicing a member's account
13621362 8 with the credit union; or
13631363 9 (C) a proposed or actual securitization or
13641364 10 secondary market sale (including sales of servicing
13651365 11 rights) related to a transaction of a member.
13661366 12 Nothing in this item (14), however, authorizes the
13671367 13 sale of the financial records or information of a member
13681368 14 without the consent of the member.
13691369 15 (15) The disclosure of financial records or
13701370 16 information as necessary to protect against or prevent
13711371 17 actual or potential fraud, unauthorized transactions,
13721372 18 claims, or other liability.
13731373 19 (16)(a) The disclosure of financial records or
13741374 20 information related to a private label credit program
13751375 21 between a financial institution and a private label party
13761376 22 in connection with that private label credit program. Such
13771377 23 information is limited to outstanding balance, available
13781378 24 credit, payment and performance and account history,
13791379 25 product references, purchase information, and information
13801380 26 related to the identity of the customer.
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13911391 1 (b)(1) For purposes of this item (16), "private label
13921392 2 credit program" means a credit program involving a
13931393 3 financial institution and a private label party that is
13941394 4 used by a customer of the financial institution and the
13951395 5 private label party primarily for payment for goods or
13961396 6 services sold, manufactured, or distributed by a private
13971397 7 label party.
13981398 8 (2) For purposes of this item (16), "private label
13991399 9 party" means, with respect to a private label credit
14001400 10 program, any of the following: a retailer, a merchant, a
14011401 11 manufacturer, a trade group, or any such person's
14021402 12 affiliate, subsidiary, member, agent, or service provider.
14031403 13 (17)(a) The furnishing of financial records of a
14041404 14 member to the Department to aid the Department's initial
14051405 15 determination or subsequent re-determination of the
14061406 16 member's eligibility for Medicaid and Medicaid long-term
14071407 17 care benefits for long-term care services, provided that
14081408 18 the credit union receives the written consent and
14091409 19 authorization of the member, which shall:
14101410 20 (1) have the member's signature notarized;
14111411 21 (2) be signed by at least one witness who
14121412 22 certifies that he or she believes the member to be of
14131413 23 sound mind and memory;
14141414 24 (3) be tendered to the credit union at the
14151415 25 earliest practicable time following its execution,
14161416 26 certification, and notarization;
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14271427 1 (4) specifically limit the disclosure of the
14281428 2 member's financial records to the Department; and
14291429 3 (5) be in substantially the following form:
14301430 4 CUSTOMER CONSENT AND AUTHORIZATION
14311431 5 FOR RELEASE OF FINANCIAL RECORDS
14321432 6 I, ......................................., hereby authorize
14331433 7 (Name of Customer)
14341434 8 .............................................................
14351435 9 (Name of Financial Institution)
14361436 10 .............................................................
14371437 11 (Address of Financial Institution)
14381438 12 to disclose the following financial records:
14391439 13 any and all information concerning my deposit, savings, money
14401440 14 market, certificate of deposit, individual retirement,
14411441 15 retirement plan, 401(k) plan, incentive plan, employee benefit
14421442 16 plan, mutual fund and loan accounts (including, but not
14431443 17 limited to, any indebtedness or obligation for which I am a
14441444 18 co-borrower, co-obligor, guarantor, or surety), and any and
14451445 19 all other accounts in which I have an interest and any other
14461446 20 information regarding me in the possession of the Financial
14471447
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14571457 1 Institution,
14581458 2 to the Illinois Department of Human Services or the Illinois
14591459 3 Department of Healthcare and Family Services, or both ("the
14601460 4 Department"), for the following purpose(s):
14611461 5 to aid in the initial determination or re-determination by the
14621462 6 State of Illinois of my eligibility for Medicaid long-term
14631463 7 care benefits, pursuant to applicable law.
14641464 8 I understand that this Consent and Authorization may be
14651465 9 revoked by me in writing at any time before my financial
14661466 10 records, as described above, are disclosed, and that this
14671467 11 Consent and Authorization is valid until the Financial
14681468 12 Institution receives my written revocation. This Consent and
14691469 13 Authorization shall constitute valid authorization for the
14701470 14 Department identified above to inspect all such financial
14711471 15 records set forth above, and to request and receive copies of
14721472 16 such financial records from the Financial Institution (subject
14731473 17 to such records search and reproduction reimbursement policies
14741474 18 as the Financial Institution may have in place). An executed
14751475 19 copy of this Consent and Authorization shall be sufficient and
14761476 20 as good as the original and permission is hereby granted to
14771477 21 honor a photostatic or electronic copy of this Consent and
14781478 22 Authorization. Disclosure is strictly limited to the
14791479 23 Department identified above and no other person or entity
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14901490 1 shall receive my financial records pursuant to this Consent
14911491 2 and Authorization. By signing this form, I agree to indemnify
14921492 3 and hold the Financial Institution harmless from any and all
14931493 4 claims, demands, and losses, including reasonable attorneys
14941494 5 fees and expenses, arising from or incurred in its reliance on
14951495 6 this Consent and Authorization. As used herein, "Customer"
14961496 7 shall mean "Member" if the Financial Institution is a credit
14971497 8 union.
14981498 9 ....................... ......................
14991499 10 (Date) (Signature of Customer)
15001500 11 ......................
15011501 12 ......................
15021502 13 (Address of Customer)
15031503 14 ......................
15041504 15 (Customer's birth date)
15051505 16 (month/day/year)
15061506 17 The undersigned witness certifies that .................,
15071507 18 known to me to be the same person whose name is subscribed as
15081508 19 the customer to the foregoing Consent and Authorization,
15091509 20 appeared before me and the notary public and acknowledged
15101510 21 signing and delivering the instrument as his or her free and
15111511 22 voluntary act for the uses and purposes therein set forth. I
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15221522 1 believe him or her to be of sound mind and memory. The
15231523 2 undersigned witness also certifies that the witness is not an
15241524 3 owner, operator, or relative of an owner or operator of a
15251525 4 long-term care facility in which the customer is a patient or
15261526 5 resident.
15271527 6 Dated: ................. ......................
15281528 7 (Signature of Witness)
15291529 8 ......................
15301530 9 (Print Name of Witness)
15311531 10 ......................
15321532 11 ......................
15331533 12 (Address of Witness)
15341534 13 State of Illinois)
15351535 14 ) ss.
15361536 15 County of .......)
15371537 16 The undersigned, a notary public in and for the above county
15381538 17 and state, certifies that .........., known to me to be the
15391539 18 same person whose name is subscribed as the customer to the
15401540 19 foregoing Consent and Authorization, appeared before me
15411541 20 together with the witness, .........., in person and
15421542 21 acknowledged signing and delivering the instrument as the free
15431543
15441544
15451545
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15531553 1 and voluntary act of the customer for the uses and purposes
15541554 2 therein set forth.
15551555 3 Dated:.......................................................
15561556 4 Notary Public:...............................................
15571557 5 My commission expires:.......................................
15581558 6 (b) In no event shall the credit union distribute the
15591559 7 member's financial records to the long-term care facility
15601560 8 from which the member seeks initial or continuing
15611561 9 residency or long-term care services.
15621562 10 (c) A credit union providing financial records of a
15631563 11 member in good faith relying on a consent and
15641564 12 authorization executed and tendered in accordance with
15651565 13 this item (17) shall not be liable to the member or any
15661566 14 other person in relation to the credit union's disclosure
15671567 15 of the member's financial records to the Department. The
15681568 16 member signing the consent and authorization shall
15691569 17 indemnify and hold the credit union harmless that relies
15701570 18 in good faith upon the consent and authorization and
15711571 19 incurs a loss because of such reliance. The credit union
15721572 20 recovering under this indemnification provision shall also
15731573 21 be entitled to reasonable attorney's fees and the expenses
15741574 22 of recovery.
15751575 23 (d) A credit union shall be reimbursed by the member
15761576 24 for all costs reasonably necessary and directly incurred
15771577
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15871587 1 in searching for, reproducing, and disclosing a member's
15881588 2 financial records required or requested to be produced
15891589 3 pursuant to any consent and authorization executed under
15901590 4 this item (17). The requested financial records shall be
15911591 5 delivered to the Department within 10 days after receiving
15921592 6 a properly executed consent and authorization or at the
15931593 7 earliest practicable time thereafter if the requested
15941594 8 records cannot be delivered within 10 days, but delivery
15951595 9 may be delayed until the final reimbursement of all costs
15961596 10 is received by the credit union. The credit union may
15971597 11 honor a photostatic or electronic copy of a properly
15981598 12 executed consent and authorization.
15991599 13 (e) Nothing in this item (17) shall impair, abridge,
16001600 14 or abrogate the right of a member to:
16011601 15 (1) directly disclose his or her financial records
16021602 16 to the Department or any other person; or
16031603 17 (2) authorize his or her attorney or duly
16041604 18 appointed agent to request and obtain the member's
16051605 19 financial records and disclose those financial records
16061606 20 to the Department.
16071607 21 (f) For purposes of this item (17), "Department" means
16081608 22 the Department of Human Services and the Department of
16091609 23 Healthcare and Family Services or any successor
16101610 24 administrative agency of either agency.
16111611 25 (18) The furnishing of the financial records of a
16121612 26 member to an appropriate law enforcement authority,
16131613
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16231623 1 without prior notice to or consent of the member, upon
16241624 2 written request of the law enforcement authority, when
16251625 3 reasonable suspicion of an imminent threat to the personal
16261626 4 security and safety of the member exists that necessitates
16271627 5 an expedited release of the member's financial records, as
16281628 6 determined by the law enforcement authority. The law
16291629 7 enforcement authority shall include a brief explanation of
16301630 8 the imminent threat to the member in its written request
16311631 9 to the credit union. The written request shall reflect
16321632 10 that it has been authorized by a supervisory or managerial
16331633 11 official of the law enforcement authority. The decision to
16341634 12 furnish the financial records of a member to a law
16351635 13 enforcement authority shall be made by a supervisory or
16361636 14 managerial official of the credit union. A credit union
16371637 15 providing information in accordance with this item (18)
16381638 16 shall not be liable to the member or any other person for
16391639 17 the disclosure of the information to the law enforcement
16401640 18 authority.
16411641 19 (c) Except as otherwise provided by this Act, a credit
16421642 20 union may not disclose to any person, except to the member or
16431643 21 his duly authorized agent, any financial records relating to
16441644 22 that member of the credit union unless:
16451645 23 (1) the member has authorized disclosure to the
16461646 24 person;
16471647 25 (2) the financial records are disclosed in response to
16481648 26 a lawful subpoena, summons, warrant, citation to discover
16491649
16501650
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16591659 1 assets, or court order that meets the requirements of
16601660 2 subparagraph (3)(d) of this Section; or
16611661 3 (3) the credit union is attempting to collect an
16621662 4 obligation owed to the credit union and the credit union
16631663 5 complies with the provisions of Section 2I of the Consumer
16641664 6 Fraud and Deceptive Business Practices Act.
16651665 7 (d) A credit union shall disclose financial records under
16661666 8 item (3)(c)(2) of this Section pursuant to a lawful subpoena,
16671667 9 summons, warrant, citation to discover assets, or court order
16681668 10 only after the credit union sends a copy of the subpoena,
16691669 11 summons, warrant, citation to discover assets, or court order
16701670 12 to the person establishing the relationship with the credit
16711671 13 union, if living, and otherwise the person's personal
16721672 14 representative, if known, at the person's last known address
16731673 15 by first class mail, postage prepaid, through a third-party
16741674 16 commercial carrier or courier with delivery charge fully
16751675 17 prepaid, by hand delivery, or by electronic delivery at an
16761676 18 email address on file with the credit union (if the person
16771677 19 establishing the relationship with the credit union has
16781678 20 consented to receive electronic delivery and, if the person
16791679 21 establishing the relationship with the credit union is a
16801680 22 consumer, the person has consented under the consumer consent
16811681 23 provisions set forth in Section 7001 of Title 15 of the United
16821682 24 States Code), unless the credit union is specifically
16831683 25 prohibited from notifying the person by order of court or by
16841684 26 applicable State or federal law. In the case of a grand jury
16851685
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16951695 1 subpoena, a credit union shall not mail a copy of a subpoena to
16961696 2 any person pursuant to this subsection if the subpoena was
16971697 3 issued by a grand jury under the Statewide Grand Jury Act or
16981698 4 notifying the person would constitute a violation of the
16991699 5 federal Right to Financial Privacy Act of 1978.
17001700 6 (d-1) If a subpoena, summons, warrant, or other request
17011701 7 for a customer's records is presented to the credit union by an
17021702 8 agency or department of the federal government, or by an
17031703 9 officer, agent, or employee of such federal agency or
17041704 10 department, a credit union is not required to release records
17051705 11 until the credit union has been furnished with a written
17061706 12 certification that the requesting agency or department has
17071707 13 satisfied its obligations under the federal Right to Financial
17081708 14 Privacy Act of 1978.
17091709 15 (e)(1) Any officer or employee of a credit union who
17101710 16 knowingly and willfully furnishes financial records in
17111711 17 violation of this Section is guilty of a business offense and
17121712 18 upon conviction thereof shall be fined not more than $1,000.
17131713 19 (2) Any person who knowingly and willfully induces or
17141714 20 attempts to induce any officer or employee of a credit union to
17151715 21 disclose financial records in violation of this Section is
17161716 22 guilty of a business offense and upon conviction thereof shall
17171717 23 be fined not more than $1,000.
17181718 24 (f) A credit union shall be reimbursed for costs which are
17191719 25 reasonably necessary and which have been directly incurred in
17201720 26 searching for, reproducing or transporting books, papers,
17211721
17221722
17231723
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17311731 1 records or other data of a member required or requested to be
17321732 2 produced pursuant to a lawful subpoena, summons, warrant,
17331733 3 citation to discover assets, or court order. The Secretary and
17341734 4 the Director may determine, by rule, the rates and conditions
17351735 5 under which payment shall be made. Delivery of requested
17361736 6 documents may be delayed until final reimbursement of all
17371737 7 costs is received.
17381738 8 (Source: P.A. 101-81, eff. 7-12-19; 102-873, eff. 5-13-22.)
17391739 9 Section 20. The Illinois Trust and Payable on Death
17401740 10 Accounts Act is amended by changing Section 4 as follows:
17411741 11 (205 ILCS 625/4) (from Ch. 17, par. 2134)
17421742 12 Sec. 4. Payable on Death Account Incidents. If one or more
17431743 13 persons opening or holding an account sign an agreement with
17441744 14 the institution providing that on the death of the last
17451745 15 surviving person designated as holder the account shall be
17461746 16 paid to or held by one or more designated beneficiaries, the
17471747 17 account, and any balance therein which exists from time to
17481748 18 time, shall be held as a payment on death account and unless
17491749 19 otherwise agreed in writing between the person or persons
17501750 20 opening or holding the account and the institution:
17511751 21 (a) Any holder during his or her lifetime may change any of
17521752 22 the designated beneficiaries to own the account at the death
17531753 23 of the last surviving holder without the knowledge or consent
17541754 24 of any other holder or the designated beneficiaries by a
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17651765 1 written instrument accepted by the institution;
17661766 2 (b) Any holder may make additional deposits to and
17671767 3 withdraw any part or all of the account at any time without the
17681768 4 knowledge or consent of any other holder or the designated
17691769 5 beneficiaries to own the account at the death of the last
17701770 6 surviving holder, subject to the bylaws and regulations of the
17711771 7 institution, and all withdrawals shall constitute a revocation
17721772 8 of the agreement as to the amount withdrawn; and
17731773 9 (c) Upon the death of the last surviving holder of the
17741774 10 account, the beneficiary designated to be the owner of the
17751775 11 account (i) who is then living, if the beneficiary is a natural
17761776 12 person, or (ii) that maintains a lawful existence under the
17771777 13 state or federal authority pursuant to which it was organized,
17781778 14 if the beneficiary is not a natural person, shall be the sole
17791779 15 owner of the account. If , unless more than one beneficiary is
17801780 16 so designated and then living or in existence, in which case
17811781 17 those beneficiaries shall hold the account in equal shares as
17821782 18 tenants in common with no right of survivorship as between
17831783 19 those beneficiaries; and .
17841784 20 (d) Notwithstanding anything to the contrary in subsection
17851785 21 (c), any holder of the account may elect a per stirpes
17861786 22 distribution option to the descendants of a natural person
17871787 23 beneficiary if the beneficiary predeceases the last surviving
17881788 24 holder of the account. The institution may rely on the account
17891789 25 holder's written representation of the identity of the
17901790 26 descendants of each beneficiary living at the time of the
17911791
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18011801 1 beneficiary designation. The institution may also rely on an
18021802 2 affidavit executed by a natural person beneficiary or
18031803 3 descendant of a natural person beneficiary of the last
18041804 4 surviving holder of the account upon or after the death of the
18051805 5 account holder that identifies the descendants of any
18061806 6 predeceased natural person beneficiary. The total percentage
18071807 7 of the account to be distributed to all beneficiaries upon the
18081808 8 death of the last surviving holder of the account must equal
18091809 9 100%. If no beneficiary designated as the owner of the account
18101810 10 on the death of the last surviving holder is then living or in
18111811 11 existence, or if no descendant of a natural person beneficiary
18121812 12 is then living if a per stirpes distribution has been
18131813 13 selected, the proceeds shall vest in the estate of the last
18141814 14 surviving holder of the account.
18151815 15 (Source: P.A. 96-1151, eff. 7-21-10.)
18161816 16 Section 25. The Promissory Note and Bank Holiday Act is
18171817 17 amended by changing Section 17 as follows:
18181818 18 (205 ILCS 630/17) (from Ch. 17, par. 2201)
18191819 19 Sec. 17. Holidays.
18201820 20 (a) The following days shall be legal holidays in the
18211821 21 State of Illinois upon which day a bank may, but is not
18221822 22 required to, remain closed:
18231823 23 the first day of January (New Year's Day);
18241824 24 the third Monday in January (observance of Martin Luther
18251825
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18351835 1 King, Jr.'s birthday);
18361836 2 the twelfth day in February (Abraham Lincoln's birthday);
18371837 3 the third Monday in February (Presidents Day);
18381838 4 the first Monday in March (observance of Casimir Pulaski's
18391839 5 birthday);
18401840 6 the Friday preceding Easter Sunday (Good Friday);
18411841 7 the last Monday of May (Memorial Day);
18421842 8 the nineteenth day of June (Juneteenth National Freedom
18431843 9 Day);
18441844 10 the fourth day of July (Independence Day);
18451845 11 the first Monday in September (Labor Day);
18461846 12 the second Monday in October (Columbus Day);
18471847 13 the eleventh day of November (Veterans' Day);
18481848 14 the fourth Thursday in November (Thanksgiving Day);
18491849 15 the twenty-fifth day in December (Christmas Day);
18501850 16 the days upon which the general elections for members of
18511851 17 the House of Representatives are held, and any day proclaimed
18521852 18 by the Governor of this State as a legal holiday. From 12
18531853 19 o'clock noon to 12 o'clock midnight of each Saturday shall be
18541854 20 considered a half holiday. In addition to such holidays and
18551855 21 half-holidays, a bank may select one day of the week to remain
18561856 22 closed, as provided in subsection (b) of this Section.
18571857 23 (b) Any bank doing business within this State may select
18581858 24 any one day of the week to remain closed on a regular basis
18591859 25 upon adoption of a resolution by the board of directors of such
18601860 26 bank designating the day selected and upon filing and
18611861
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18711871 1 publishing a copy of such resolution as hereinafter required.
18721872 2 Any such resolution shall be deemed effective for the purpose
18731873 3 of this Section only when a copy thereof, certified by an
18741874 4 officer having charge of the records of such bank, is filed
18751875 5 with the Recorder of the county in which such bank is located
18761876 6 and published once each week for 3 successive weeks in a
18771877 7 newspaper of general circulation in such county. Such
18781878 8 publication shall be accomplished by, and at the expense of,
18791879 9 the bank, and the bank shall submit to the Commissioner of
18801880 10 Banks and Real Estate such evidence of the publication as the
18811881 11 Commissioner shall deem appropriate. Any such selection shall
18821882 12 remain in full force and effect until a copy of the later
18831883 13 resolution of the board of directors of such bank, certified
18841884 14 in like manner, terminating or altering any such prior
18851885 15 selection shall be filed and published in the same manner as
18861886 16 such prior resolution.
18871887 17 (c) If an occasion arises when a state bank wishes to
18881888 18 remain closed on a particular day, other than a day on which
18891889 19 the bank has selected to remain closed on a regular basis as
18901890 20 provided in this Section, such state bank may remain closed on
18911891 21 such an occasion after first sending to the Commissioner a
18921892 22 copy of a resolution adopted by the board of directors
18931893 23 authorizing the bank to remain closed on such occasion and
18941894 24 notice of the intent to remain closed on such occasion shall be
18951895 25 conspicuously posted in the lobby of the main banking office
18961896 26 and any branches of such bank for at least 3 weeks in advance
18971897
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19071907 1 of such occasion. Any day which any bank doing business within
19081908 2 the State shall select to remain closed pursuant to this
19091909 3 Section shall, with respect to such bank, be treated and
19101910 4 considered as a Sunday. Notwithstanding the notification time
19111911 5 frames and procedures otherwise stated in this subsection, if
19121912 6 the bank is going to be closed for no more than a half day to
19131913 7 permit personnel to attend a funeral, visitation, or other
19141914 8 memorial service held for a deceased officer, employee, or
19151915 9 director of the bank, or a family member of such person, the
19161916 10 bank need only notify the Secretary and post conspicuously in
19171917 11 the lobby of any affected office or branch of the bank notice
19181918 12 of the hours during which the bank will be closed. Such
19191919 13 notification to the Secretary and posting of notice in the
19201920 14 lobby of the office or branch shall be accomplished not less
19211921 15 than 24 hours in advance of the day during which such closing
19221922 16 will occur.
19231923 17 (d) All legal holidays, the half holidays and any day
19241924 18 selected by a bank doing business within the State to remain
19251925 19 closed, shall, for all purposes whatsoever, as regards the
19261926 20 presenting for payment or acceptance, the maturity and
19271927 21 protesting and giving of notice of the dishonor of bills of
19281928 22 exchange, bank checks and promissory notes and other
19291929 23 negotiable or commercial paper or instrument, be treated and
19301930 24 considered as a Sunday. When any such holidays, except
19311931 25 Juneteenth National Freedom Day, fall on Sunday, the Monday
19321932 26 next following shall be held and considered such holiday. All
19331933
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19431943 1 notes, bills, drafts, checks or other evidence of
19441944 2 indebtedness, falling due or maturing on either of such days,
19451945 3 shall be deemed as due or maturing upon the day following, and
19461946 4 when 2 or more of these days come together, or immediately
19471947 5 succeeding each other, then such instruments, paper or
19481948 6 indebtedness shall be deemed as due or having matured on the
19491949 7 day following the last of such days.
19501950 8 (e) Any act authorized, required or permitted to be
19511951 9 performed at or by or with respect to any bank doing business
19521952 10 within the State on a day which it has selected to remain
19531953 11 closed under this Section may be so performed on the next
19541954 12 succeeding business day and no liability or loss of rights of
19551955 13 any kind shall result from such delay.
19561956 14 (f) Nothing in this Act shall in any manner affect the
19571957 15 validity of, or render void or voidable, the payment,
19581958 16 certification, or acceptance of a check or other negotiable
19591959 17 instrument, or any other transaction by a bank in this State,
19601960 18 because done or performed on any Saturday, Sunday, holiday, or
19611961 19 any day selected by a bank to remain closed, or during any time
19621962 20 other than regular banking hours; but no bank in this State,
19631963 21 which by law or custom is entitled to remain open or to close
19641964 22 for the whole or any part of any day selected by it to remain
19651965 23 open or to close, is compelled to close, or to remain open for
19661966 24 the transaction of business or to perform any of the acts or
19671967 25 transactions aforesaid except at its own option.
19681968 26 (Source: P.A. 102-14, eff. 1-1-22; 102-334, eff. 8-9-21.)
19691969 HB2537- 57 -LRB103 29631 BMS 56027 b 1 INDEX 2 Statutes amended in order of appearance HB2537- 57 -LRB103 29631 BMS 56027 b HB2537 - 57 - LRB103 29631 BMS 56027 b 1 INDEX 2 Statutes amended in order of appearance
19701970 HB2537- 57 -LRB103 29631 BMS 56027 b HB2537 - 57 - LRB103 29631 BMS 56027 b
19711971 HB2537 - 57 - LRB103 29631 BMS 56027 b
19721972 1 INDEX
19731973 2 Statutes amended in order of appearance
19741974
19751975
19761976
19771977
19781978
19791979 HB2537 - 56 - LRB103 29631 BMS 56027 b
19801980
19811981
19821982
19831983 HB2537- 57 -LRB103 29631 BMS 56027 b HB2537 - 57 - LRB103 29631 BMS 56027 b
19841984 HB2537 - 57 - LRB103 29631 BMS 56027 b
19851985 1 INDEX
19861986 2 Statutes amended in order of appearance
19871987
19881988
19891989
19901990
19911991
19921992 HB2537 - 57 - LRB103 29631 BMS 56027 b