Bill Amendment: IL HB4767 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: AGING-FINANCIAL FRAUD

Status: 2026-04-17 - House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB4767 Detail]

Download: Illinois-2025-HB4767-House_Amendment_002.html

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Rep. Katie Stuart

Filed: 4/16/2026

 

 

 

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AMENDMENT TO HOUSE BILL 4767
AMENDMENT NO. ______. Amend House Bill 4767 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Banking Act is amended by
changing Section 48.1 as follows:
(205 ILCS 5/48.1)
Sec. 48.1. Customer financial records; confidentiality.
(a) For the purpose of this Section, the term "financial
records" means any original, any copy, or any summary of:
(1) a document granting signature authority over a
deposit or account;
(2) a statement, ledger card, or other record on any
deposit or account, which shows each transaction in or
with respect to that account;
(3) a check, draft, or money order drawn on a bank or
issued and payable by a bank; or

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(4) any other item containing information pertaining
to any relationship established in the ordinary course of
a bank's business between a bank and its customer,
including financial statements or other financial
information provided by the customer.
(b) This Section does not prohibit:
(1) The preparation, examination, handling, or
maintenance of any financial records by any officer,
employee, or agent of a bank having custody of the
records, or the examination of the records by a certified
public accountant engaged by the bank to perform an
independent audit.
(2) The examination of any financial records by, or
the furnishing of financial records by a bank to, any
officer, employee, or agent of (i) the Commissioner of
Banks and Real Estate, (ii) after May 31, 1997, a state
regulatory authority authorized to examine a branch of a
State bank located in another state, (iii) the Comptroller
of the Currency, (iv) the Federal Reserve Board, or (v)
the Federal Deposit Insurance Corporation for use solely
in the exercise of his duties as an officer, employee, or
agent.
(3) The publication of data furnished from financial
records relating to customers where the data cannot be
identified to any particular customer or account.
(4) The making of reports or returns required under

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Chapter 61 of the Internal Revenue Code of 1986.
(5) Furnishing information concerning the dishonor of
any negotiable instrument permitted to be disclosed under
the Uniform Commercial Code.
(6) The exchange in the regular course of business of
(i) credit information between a bank and other banks or
financial institutions or commercial enterprises, directly
or through a consumer reporting agency, or (ii) financial
records or information derived from financial records
between a bank and other banks or financial institutions
or commercial enterprises for the purpose of conducting
due diligence pursuant to a purchase or sale involving the
bank or assets or liabilities of the bank.
(7) The furnishing of information to the appropriate
law enforcement authorities where the bank reasonably
believes it has been the victim of a crime.
(8) The furnishing of information under the Revised
Uniform Unclaimed Property Act.
(9) The furnishing of information under the Illinois
Income Tax Act and the Illinois Estate and
Generation-Skipping Transfer Tax Act.
(10) The furnishing of information under the federal
Currency and Foreign Transactions Reporting Act Title 31,
United States Code, Section 1051 et seq.
(11) The furnishing of information under any other
statute that, by its terms or by regulations promulgated

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thereunder, requires the disclosure of financial records
other than by subpoena, summons, warrant, or court order.
(12) The furnishing of information about the existence
of an account of a person to a judgment creditor of that
person who has made a written request for that
information.
(13) The exchange in the regular course of business of
information between commonly owned banks in connection
with a transaction authorized under paragraph (23) of
Section 5 and conducted at an affiliate facility.
(14) The furnishing of information in accordance with
the federal Personal Responsibility and Work Opportunity
Reconciliation Act of 1996. Any bank governed by this Act
shall enter into an agreement for data exchanges with a
State agency provided the State agency pays to the bank a
reasonable fee not to exceed its actual cost incurred. A
bank providing information in accordance with this item
shall not be liable to any account holder or other person
for any disclosure of information to a State agency, for
encumbering or surrendering any assets held by the bank in
response to a lien or order to withhold and deliver issued
by a State agency, or for any other action taken pursuant
to this item, including individual or mechanical errors,
provided the action does not constitute gross negligence
or willful misconduct. A bank shall have no obligation to
hold, encumber, or surrender assets until it has been

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served with a subpoena, summons, warrant, court or
administrative order, lien, or levy.
(15) The exchange in the regular course of business of
information between a bank and any commonly owned
affiliate of the bank, subject to the provisions of the
Financial Institutions Insurance Sales Law.
(16) The furnishing of information to law enforcement
authorities, the Illinois Department on Aging and its
regional administrative and provider agencies, the
Department of Human Services Office of Inspector General,
or public guardians: (i) upon subpoena by the
investigatory entity or the guardian, or (ii) as part of a
mandated report if there is suspicion by the bank or a
mandated reporter as defined in Section 2 of the Adult
Protective Services Act that a customer who is an elderly
person or person with a disability has been or may become
the victim of financial exploitation. For the purposes of
this item (16), the term: (i) "elderly person" means a
person who is 60 or more years of age, (ii) "person with a
disability" means a person who has or reasonably appears
to the bank to have a physical or mental disability that
impairs his or her ability to seek or obtain protection
from or prevent financial exploitation, and (iii)
"financial exploitation" means tortious or illegal use of
the assets or resources of an elderly person or person
with a disability, and includes, without limitation,

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misappropriation of the assets or resources of the elderly
person or person with a disability by undue influence,
breach of fiduciary relationship, intimidation, fraud,
deception, extortion, or the use of assets or resources in
any manner contrary to law. A bank, a mandated reporter,
or other persons or person furnishing information pursuant
to this item (16) shall be entitled to the same rights and
protections as persons a person furnishing information
under the Adult Protective Services Act and the Illinois
Domestic Violence Act of 1986.
(17) The disclosure of financial records or
information as necessary to effect, administer, or enforce
a transaction requested or authorized by the customer, or
in connection with:
(A) servicing or processing a financial product or
service requested or authorized by the customer;
(B) maintaining or servicing a customer's account
with the bank; or
(C) a proposed or actual securitization or
secondary market sale (including sales of servicing
rights) related to a transaction of a customer.
Nothing in this item (17), however, authorizes the
sale of the financial records or information of a customer
without the consent of the customer.
(18) The disclosure of financial records or
information as necessary to protect against actual or

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potential fraud, unauthorized transactions, claims, or
other liability.
(18.5) The furnishing of information to any person on
a list submitted and periodically updated by a customer
who is an elderly person or person with a disability, if
there is suspicion by the financial institution that the
customer has been or may become a victim of financial
exploitation. For purposes of this item (18.5), the terms
"elderly person", "person with a disability", and
"financial exploitation" have the meanings given to those
terms in item (16). The financial institution may convey
the suspicion to any of the following persons, if the
person is not the suspected perpetrator: (i) any person on
the list; (ii) any co-owner, additional authorized
signatory, or beneficiary on the account of the member; or
(iii) any person known by the financial institution to be
a family member, including a parent, spouse, adult child,
or sibling. When providing information under this item
(18.5), the financial institution may pause the
transaction in accordance with the account holder
agreement or similar documents and shall limit the
information and only disclose that the financial
institution has cause to suspect that the customer may be
a victim or target of financial exploitation and the basis
or bases of the financial institution's reasonable
suspicion, without disclosing any other details or

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confidential information regarding the financial affairs
of the customer. Any disclosure made pursuant to this
subsection shall comply with all other privacy laws and
legal prohibitions, including confidentiality
requirements for suspicious activity reports. The
financial institution may rely on information provided by
the customer in compiling the list of contact persons.
(19)(A) The disclosure of financial records or
information related to a private label credit program
between a financial institution and a private label party
in connection with that private label credit program. Such
information is limited to outstanding balance, available
credit, payment and performance and account history,
product references, purchase information, and information
related to the identity of the customer.
(B)(1) For purposes of this paragraph (19) of
subsection (b) of Section 48.1, a "private label credit
program" means a credit program involving a financial
institution and a private label party that is used by a
customer of the financial institution and the private
label party primarily for payment for goods or services
sold, manufactured, or distributed by a private label
party.
(2) For purposes of this paragraph (19) of subsection
(b) of Section 48.1, a "private label party" means, with
respect to a private label credit program, any of the

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following: a retailer, a merchant, a manufacturer, a trade
group, or any such person's affiliate, subsidiary, member,
agent, or service provider.
(20)(A) The furnishing of financial records of a
customer to the Department to aid the Department's initial
determination or subsequent re-determination of the
customer's eligibility for Medicaid and Medicaid long-term
care benefits for long-term care services, provided that
the bank receives the written consent and authorization of
the customer, which shall:
(1) have the customer's signature notarized;
(2) be signed by at least one witness who
certifies that he or she believes the customer to be of
sound mind and memory;
(3) be tendered to the bank at the earliest
practicable time following its execution,
certification, and notarization;
(4) specifically limit the disclosure of the
customer's financial records to the Department; and
(5) be in substantially the following form:
CUSTOMER CONSENT AND AUTHORIZATION
FOR RELEASE OF FINANCIAL RECORDS
I, ......................................., hereby authorize
(Name of Customer)

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.............................................................
(Name of Financial Institution)
.............................................................
(Address of Financial Institution)
to disclose the following financial records:
any and all information concerning my deposit, savings, money
market, certificate of deposit, individual retirement,
retirement plan, 401(k) plan, incentive plan, employee benefit
plan, mutual fund and loan accounts (including, but not
limited to, any indebtedness or obligation for which I am a
co-borrower, co-obligor, guarantor, or surety), and any and
all other accounts in which I have an interest and any other
information regarding me in the possession of the Financial
Institution,
to the Illinois Department of Human Services or the Illinois
Department of Healthcare and Family Services, or both ("the
Department"), for the following purpose(s):
to aid in the initial determination or re-determination by the
State of Illinois of my eligibility for Medicaid long-term
care benefits, pursuant to applicable law.

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I understand that this Consent and Authorization may be
revoked by me in writing at any time before my financial
records, as described above, are disclosed, and that this
Consent and Authorization is valid until the Financial
Institution receives my written revocation. This Consent and
Authorization shall constitute valid authorization for the
Department identified above to inspect all such financial
records set forth above, and to request and receive copies of
such financial records from the Financial Institution (subject
to such records search and reproduction reimbursement policies
as the Financial Institution may have in place). An executed
copy of this Consent and Authorization shall be sufficient and
as good as the original and permission is hereby granted to
honor a photostatic or electronic copy of this Consent and
Authorization. Disclosure is strictly limited to the
Department identified above and no other person or entity
shall receive my financial records pursuant to this Consent
and Authorization. By signing this form, I agree to indemnify
and hold the Financial Institution harmless from any and all
claims, demands, and losses, including reasonable attorneys
fees and expenses, arising from or incurred in its reliance on
this Consent and Authorization. As used herein, "Customer"
shall mean "Member" if the Financial Institution is a credit
union.

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....................... ......................
(Date) (Signature of Customer)
......................
......................
(Address of Customer)
......................
(Customer's birth date)
(month/day/year)
The undersigned witness certifies that .................,
known to me to be the same person whose name is subscribed as
the customer to the foregoing Consent and Authorization,
appeared before me and the notary public and acknowledged
signing and delivering the instrument as his or her free and
voluntary act for the uses and purposes therein set forth. I
believe him or her to be of sound mind and memory. The
undersigned witness also certifies that the witness is not an
owner, operator, or relative of an owner or operator of a
long-term care facility in which the customer is a patient or
resident.
Dated: ................. ......................
(Signature of Witness)

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......................
(Print Name of Witness)
......................
......................
(Address of Witness)
State of Illinois)
) ss.
County of .......)
The undersigned, a notary public in and for the above county
and state, certifies that .........., known to me to be the
same person whose name is subscribed as the customer to the
foregoing Consent and Authorization, appeared before me
together with the witness, .........., in person and
acknowledged signing and delivering the instrument as the free
and voluntary act of the customer for the uses and purposes
therein set forth.
Dated:.......................................................
Notary Public:...............................................
My commission expires:.......................................
(B) In no event shall the bank distribute the
customer's financial records to the long-term care

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facility from which the customer seeks initial or
continuing residency or long-term care services.
(C) A bank providing financial records of a customer
in good faith relying on a consent and authorization
executed and tendered in accordance with this paragraph
(20) shall not be liable to the customer or any other
person in relation to the bank's disclosure of the
customer's financial records to the Department. The
customer signing the consent and authorization shall
indemnify and hold the bank harmless that relies in good
faith upon the consent and authorization and incurs a loss
because of such reliance. The bank recovering under this
indemnification provision shall also be entitled to
reasonable attorney's fees and the expenses of recovery.
(D) A bank shall be reimbursed by the customer for all
costs reasonably necessary and directly incurred in
searching for, reproducing, and disclosing a customer's
financial records required or requested to be produced
pursuant to any consent and authorization executed under
this paragraph (20). The requested financial records shall
be delivered to the Department within 10 days after
receiving a properly executed consent and authorization or
at the earliest practicable time thereafter if the
requested records cannot be delivered within 10 days, but
delivery may be delayed until the final reimbursement of
all costs is received by the bank. The bank may honor a

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photostatic or electronic copy of a properly executed
consent and authorization.
(E) Nothing in this paragraph (20) shall impair,
abridge, or abrogate the right of a customer to:
(1) directly disclose his or her financial records
to the Department or any other person; or
(2) authorize his or her attorney or duly
appointed agent to request and obtain the customer's
financial records and disclose those financial records
to the Department.
(F) For purposes of this paragraph (20), "Department"
means the Department of Human Services and the Department
of Healthcare and Family Services or any successor
administrative agency of either agency.
(21) The furnishing of financial records of a deceased
customer to a public administrator of any county or other
governmental jurisdiction for the purpose of facilitating
burial of the customer.
(22) (21) The furnishing of financial information to
the executor, executrix, administrator, or other lawful
representative of the estate of a customer.
(c) Except as otherwise provided by this Act, a bank may
not disclose to any person, except to the customer or his duly
authorized agent, any financial records or financial
information obtained from financial records relating to that
customer of that bank unless:

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(1) the customer has authorized disclosure to the
person;
(2) the financial records are disclosed in response to
a lawful subpoena, summons, warrant, citation to discover
assets, or court order which meets the requirements of
subsection (d) of this Section; or
(3) the bank is attempting to collect an obligation
owed to the bank and the bank complies with the provisions
of Section 2I of the Consumer Fraud and Deceptive Business
Practices Act.
(d) A bank shall disclose financial records under
paragraph (2) of subsection (c) of this Section under a lawful
subpoena, summons, warrant, citation to discover assets, or
court order only after the bank sends a copy of the subpoena,
summons, warrant, citation to discover assets, or court order
to the person establishing the relationship with the bank, if
living, and, otherwise the person's personal representative,
if known, at the person's last known address by first class
mail, postage prepaid, through a third-party commercial
carrier or courier with delivery charge fully prepaid, by hand
delivery, or by electronic delivery at an email address on
file with the bank (if the person establishing the
relationship with the bank has consented to receive electronic
delivery and, if the person establishing the relationship with
the bank is a consumer, the person has consented under the
consumer consent provisions set forth in Section 7001 of Title

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15 of the United States Code), unless the bank is specifically
prohibited from notifying the person by order of court or by
applicable State or federal law. A bank shall not mail a copy
of a subpoena to any person pursuant to this subsection if the
subpoena was issued by a grand jury.
(e) Any officer or employee of a bank who knowingly and
willfully furnishes financial records in violation of this
Section is guilty of a business offense and, upon conviction,
shall be fined not more than $1,000.
(f) Any person who knowingly and willfully induces or
attempts to induce any officer or employee of a bank to
disclose financial records in violation of this Section is
guilty of a business offense and, upon conviction, shall be
fined not more than $1,000.
(g) A bank shall be reimbursed for costs that are
reasonably necessary and that have been directly incurred in
searching for, reproducing, or transporting books, papers,
records, or other data required or requested to be produced
pursuant to a lawful subpoena, summons, warrant, citation to
discover assets, or court order. The Commissioner shall
determine the rates and conditions under which payment may be
made.
(Source: P.A. 104-123, eff. 1-1-26; 104-310, eff. 8-15-25;
revised 11-20-25.)
Section 10. The Savings Bank Act is amended by changing

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Section 4013 as follows:
(205 ILCS 205/4013)
Sec. 4013. Access to books and records; communication with
members and shareholders.
(a) Every member or shareholder shall have the right to
inspect books and records of the savings bank that pertain to
his accounts. Otherwise, the right of inspection and
examination of the books and records shall be limited as
provided in this Act, and no other person shall have access to
the books and records nor shall be entitled to a list of the
members or shareholders.
(b) For the purpose of this Section, the term "financial
records" means any original, any copy, or any summary of (1) a
document granting signature authority over a deposit or
account; (2) a statement, ledger card, or other record on any
deposit or account that shows each transaction in or with
respect to that account; (3) a check, draft, or money order
drawn on a savings bank or issued and payable by a savings
bank; or (4) any other item containing information pertaining
to any relationship established in the ordinary course of a
savings bank's business between a savings bank and its
customer, including financial statements or other financial
information provided by the member or shareholder.
(c) This Section does not prohibit:
(1) The preparation, examination, handling, or

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maintenance of any financial records by any officer,
employee, or agent of a savings bank having custody of
records or examination of records by a certified public
accountant engaged by the savings bank to perform an
independent audit.
(2) The examination of any financial records by, or
the furnishing of financial records by a savings bank to,
any officer, employee, or agent of the Commissioner of
Banks and Real Estate or the federal depository
institution regulator for use solely in the exercise of
his duties as an officer, employee, or agent.
(3) The publication of data furnished from financial
records relating to members or holders of capital where
the data cannot be identified to any particular member,
shareholder, or account.
(4) The making of reports or returns required under
Chapter 61 of the Internal Revenue Code of 1986.
(5) Furnishing information concerning the dishonor of
any negotiable instrument permitted to be disclosed under
the Uniform Commercial Code.
(6) The exchange in the regular course of business of
(i) credit information between a savings bank and other
savings banks or financial institutions or commercial
enterprises, directly or through a consumer reporting
agency, or (ii) financial records or information derived
from financial records between a savings bank and other

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savings banks or financial institutions or commercial
enterprises for the purpose of conducting due diligence
pursuant to a purchase or sale involving the savings bank
or assets or liabilities of the savings bank.
(7) The furnishing of information to the appropriate
law enforcement authorities where the savings bank
reasonably believes it has been the victim of a crime.
(8) The furnishing of information pursuant to the
Revised Uniform Unclaimed Property Act.
(9) The furnishing of information pursuant to the
Illinois Income Tax Act and the Illinois Estate and
Generation-Skipping Transfer Tax Act.
(10) The furnishing of information pursuant to the
federal Currency and Foreign Transactions Reporting Act,
(Title 31, United States Code, Section 1051 et seq.).
(11) The furnishing of information pursuant to any
other statute which, by its terms or by regulations
promulgated thereunder, requires the disclosure of
financial records other than by subpoena, summons,
warrant, or court order.
(12) The furnishing of information in accordance with
the federal Personal Responsibility and Work Opportunity
Reconciliation Act of 1996. Any savings bank governed by
this Act shall enter into an agreement for data exchanges
with a State agency provided the State agency pays to the
savings bank a reasonable fee not to exceed its actual

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cost incurred. A savings bank providing information in
accordance with this item shall not be liable to any
account holder or other person for any disclosure of
information to a State agency, for encumbering or
surrendering any assets held by the savings bank in
response to a lien or order to withhold and deliver issued
by a State agency, or for any other action taken pursuant
to this item, including individual or mechanical errors,
provided the action does not constitute gross negligence
or willful misconduct. A savings bank shall have no
obligation to hold, encumber, or surrender assets until it
has been served with a subpoena, summons, warrant, court
or administrative order, lien, or levy.
(13) The furnishing of information to law enforcement
authorities, the Illinois Department on Aging and its
regional administrative and provider agencies, the
Department of Human Services Office of Inspector General,
or public guardians: (i) upon subpoena by the
investigatory entity or the guardian, or (ii) as part of a
mandated report if there is suspicion by the savings bank
or a mandated reporter as defined in Section 2 of the Adult
Protective Services Act that a customer who is an elderly
person or person with a disability has been or may become
the victim of financial exploitation. For the purposes of
this item (13), the term: (i) "elderly person" means a
person who is 60 or more years of age, (ii) "person with a

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disability" means a person who has or reasonably appears
to the savings bank to have a physical or mental
disability that impairs his or her ability to seek or
obtain protection from or prevent financial exploitation,
and (iii) "financial exploitation" means tortious or
illegal use of the assets or resources of an elderly
person or person with a disability, and includes, without
limitation, misappropriation of the assets or resources of
the elderly person or person with a disability by undue
influence, breach of fiduciary relationship, intimidation,
fraud, deception, extortion, or the use of assets or
resources in any manner contrary to law. A savings bank, a
mandated reporter, or other persons or person furnishing
information pursuant to this item (13) shall be entitled
to the same rights and protections as other persons a
person furnishing information under the Adult Protective
Services Act and the Illinois Domestic Violence Act of
1986.
(13.5) The furnishing of information to any person on
a list submitted and periodically updated by a customer
who is an elderly person or person with a disability, if
there is suspicion by the financial institution that the
customer has been or may become a victim of financial
exploitation. For purposes of this section, the terms
"elderly person", "person with a disability", and
"financial exploitation" have the meanings given to those

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terms in item (13). The financial institution may convey
the suspicion to any of the following persons, if the
person is not the suspected perpetrator: (i) any person on
the list; (ii) any co-owner, additional authorized
signatory, or beneficiary on the account of the member; or
(iii) any person known by the financial institution to be
a family member, including a parent, spouse, adult child,
or sibling. When providing information under this item,
the financial institution may pause the transaction in
accordance with the account holder agreement or similar
documents and shall limit the information and only
disclose that the financial institution has cause to
suspect that the customer may be a victim or target of
financial exploitation and the basis or bases of the
financial institution's reasonable suspicion, without
disclosing any other details or confidential information
regarding the financial affairs of the customer. Any
disclosure made pursuant to this subsection shall comply
with all other privacy laws and legal prohibitions,
including confidentiality requirements for suspicious
activity reports. The financial institution may rely on
information provided by the customer in compiling the list
of contact persons.
(14) The disclosure of financial records or
information as necessary to effect, administer, or enforce
a transaction requested or authorized by the member or

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holder of capital, or in connection with:
(A) servicing or processing a financial product or
service requested or authorized by the member or
holder of capital;
(B) maintaining or servicing an account of a
member or holder of capital with the savings bank; or
(C) a proposed or actual securitization or
secondary market sale (including sales of servicing
rights) related to a transaction of a member or holder
of capital.
Nothing in this item (14), however, authorizes the
sale of the financial records or information of a member
or holder of capital without the consent of the member or
holder of capital.
(15) The exchange in the regular course of business of
information between a savings bank and any commonly owned
affiliate of the savings bank, subject to the provisions
of the Financial Institutions Insurance Sales Law.
(16) The disclosure of financial records or
information as necessary to protect against or prevent
actual or potential fraud, unauthorized transactions,
claims, or other liability.
(17)(a) The disclosure of financial records or
information related to a private label credit program
between a financial institution and a private label party
in connection with that private label credit program. Such

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information is limited to outstanding balance, available
credit, payment and performance and account history,
product references, purchase information, and information
related to the identity of the customer.
(b)(1) For purposes of this paragraph (17) of
subsection (c) of Section 4013, a "private label credit
program" means a credit program involving a financial
institution and a private label party that is used by a
customer of the financial institution and the private
label party primarily for payment for goods or services
sold, manufactured, or distributed by a private label
party.
(2) For purposes of this paragraph (17) of subsection
(c) of Section 4013, a "private label party" means, with
respect to a private label credit program, any of the
following: a retailer, a merchant, a manufacturer, a trade
group, or any such person's affiliate, subsidiary, member,
agent, or service provider.
(18)(a) The furnishing of financial records of a
customer to the Department to aid the Department's initial
determination or subsequent re-determination of the
customer's eligibility for Medicaid and Medicaid long-term
care benefits for long-term care services, provided that
the savings bank receives the written consent and
authorization of the customer, which shall:
(1) have the customer's signature notarized;

10400HB4767ham002 - 26 - LRB104 19925 KTG 36894 a
(2) be signed by at least one witness who
certifies that he or she believes the customer to be of
sound mind and memory;
(3) be tendered to the savings bank at the
earliest practicable time following its execution,
certification, and notarization;
(4) specifically limit the disclosure of the
customer's financial records to the Department; and
(5) be in substantially the following form:
CUSTOMER CONSENT AND AUTHORIZATION
FOR RELEASE OF FINANCIAL RECORDS
I, ......................................., hereby authorize
(Name of Customer)
.............................................................
(Name of Financial Institution)
.............................................................
(Address of Financial Institution)
to disclose the following financial records:
any and all information concerning my deposit, savings, money
market, certificate of deposit, individual retirement,

10400HB4767ham002 - 27 - LRB104 19925 KTG 36894 a
retirement plan, 401(k) plan, incentive plan, employee benefit
plan, mutual fund and loan accounts (including, but not
limited to, any indebtedness or obligation for which I am a
co-borrower, co-obligor, guarantor, or surety), and any and
all other accounts in which I have an interest and any other
information regarding me in the possession of the Financial
Institution,
to the Illinois Department of Human Services or the Illinois
Department of Healthcare and Family Services, or both ("the
Department"), for the following purpose(s):
to aid in the initial determination or re-determination by the
State of Illinois of my eligibility for Medicaid long-term
care benefits, pursuant to applicable law.
I understand that this Consent and Authorization may be
revoked by me in writing at any time before my financial
records, as described above, are disclosed, and that this
Consent and Authorization is valid until the Financial
Institution receives my written revocation. This Consent and
Authorization shall constitute valid authorization for the
Department identified above to inspect all such financial
records set forth above, and to request and receive copies of
such financial records from the Financial Institution (subject
to such records search and reproduction reimbursement policies

10400HB4767ham002 - 28 - LRB104 19925 KTG 36894 a
as the Financial Institution may have in place). An executed
copy of this Consent and Authorization shall be sufficient and
as good as the original and permission is hereby granted to
honor a photostatic or electronic copy of this Consent and
Authorization. Disclosure is strictly limited to the
Department identified above and no other person or entity
shall receive my financial records pursuant to this Consent
and Authorization. By signing this form, I agree to indemnify
and hold the Financial Institution harmless from any and all
claims, demands, and losses, including reasonable attorneys
fees and expenses, arising from or incurred in its reliance on
this Consent and Authorization. As used herein, "Customer"
shall mean "Member" if the Financial Institution is a credit
union.
....................... ......................
(Date) (Signature of Customer)
......................
......................
(Address of Customer)
......................
(Customer's birth date)
(month/day/year)

10400HB4767ham002 - 29 - LRB104 19925 KTG 36894 a
The undersigned witness certifies that .................,
known to me to be the same person whose name is subscribed as
the customer to the foregoing Consent and Authorization,
appeared before me and the notary public and acknowledged
signing and delivering the instrument as his or her free and
voluntary act for the uses and purposes therein set forth. I
believe him or her to be of sound mind and memory. The
undersigned witness also certifies that the witness is not an
owner, operator, or relative of an owner or operator of a
long-term care facility in which the customer is a patient or
resident.
Dated: ................. ......................
(Signature of Witness)
......................
(Print Name of Witness)
......................
......................
(Address of Witness)
State of Illinois)
) ss.
County of .......)

10400HB4767ham002 - 30 - LRB104 19925 KTG 36894 a
The undersigned, a notary public in and for the above county
and state, certifies that .........., known to me to be the
same person whose name is subscribed as the customer to the
foregoing Consent and Authorization, appeared before me
together with the witness, .........., in person and
acknowledged signing and delivering the instrument as the free
and voluntary act of the customer for the uses and purposes
therein set forth.
Dated:.......................................................
Notary Public:...............................................
My commission expires:.......................................
(b) In no event shall the savings bank distribute the
customer's financial records to the long-term care
facility from which the customer seeks initial or
continuing residency or long-term care services.
(c) A savings bank providing financial records of a
customer in good faith relying on a consent and
authorization executed and tendered in accordance with
this paragraph (18) shall not be liable to the customer or
any other person in relation to the savings bank's
disclosure of the customer's financial records to the
Department. The customer signing the consent and
authorization shall indemnify and hold the savings bank
harmless that relies in good faith upon the consent and

10400HB4767ham002 - 31 - LRB104 19925 KTG 36894 a
authorization and incurs a loss because of such reliance.
The savings bank recovering under this indemnification
provision shall also be entitled to reasonable attorney's
fees and the expenses of recovery.
(d) A savings bank shall be reimbursed by the customer
for all costs reasonably necessary and directly incurred
in searching for, reproducing, and disclosing a customer's
financial records required or requested to be produced
pursuant to any consent and authorization executed under
this paragraph (18). The requested financial records shall
be delivered to the Department within 10 days after
receiving a properly executed consent and authorization or
at the earliest practicable time thereafter if the
requested records cannot be delivered within 10 days, but
delivery may be delayed until the final reimbursement of
all costs is received by the savings bank. The savings
bank may honor a photostatic or electronic copy of a
properly executed consent and authorization.
(e) Nothing in this paragraph (18) shall impair,
abridge, or abrogate the right of a customer to:
(1) directly disclose his or her financial records
to the Department or any other person; or
(2) authorize his or her attorney or duly
appointed agent to request and obtain the customer's
financial records and disclose those financial records
to the Department.

10400HB4767ham002 - 32 - LRB104 19925 KTG 36894 a
(f) For purposes of this paragraph (18), "Department"
means the Department of Human Services and the Department
of Healthcare and Family Services or any successor
administrative agency of either agency.
(19) The furnishing of financial records of a deceased
customer to a public administrator of any county or other
governmental jurisdiction for the purpose of facilitating
burial of the customer.
(20) (19) The furnishing of financial information to
the executor, executrix, administrator, or other lawful
representative of the estate of a customer.
(d) A savings bank may not disclose to any person, except
to the member or holder of capital or his duly authorized
agent, any financial records relating to that member or
shareholder of the savings bank unless:
(1) the member or shareholder has authorized
disclosure to the person; or
(2) the financial records are disclosed in response to
a lawful subpoena, summons, warrant, citation to discover
assets, or court order that meets the requirements of
subsection (e) of this Section.
(e) A savings bank shall disclose financial records under
subsection (d) of this Section pursuant to a lawful subpoena,
summons, warrant, citation to discover assets, or court order
only after the savings bank sends a copy of the subpoena,
summons, warrant, citation to discover assets, or court order

10400HB4767ham002 - 33 - LRB104 19925 KTG 36894 a
to the person establishing the relationship with the savings
bank, if living, and otherwise, the person's personal
representative, if known, at the person's last known address
by first class mail, postage prepaid, through a third-party
commercial carrier or courier with delivery charge fully
prepaid, by hand delivery, or by electronic delivery at an
email address on file with the savings bank (if the person
establishing the relationship with the savings bank has
consented to receive electronic delivery and, if the person
establishing the relationship with the savings bank is a
consumer, the person has consented under the consumer consent
provisions set forth in Section 7001 of Title 15 of the United
States Code), unless the savings bank is specifically
prohibited from notifying the person by order of court or by
applicable State or federal law. A savings bank shall not mail
a copy of a subpoena to any customer pursuant to this
subsection if the subpoena was issued by a grand jury.
(f) Any officer or employee of a savings bank who
knowingly and willfully furnishes financial records in
violation of this Section is guilty of a business offense and,
upon conviction, shall be fined not more than $1,000.
(g) Any person who knowingly and willfully induces or
attempts to induce any officer or employee of a savings bank to
disclose financial records in violation of this Section is
guilty of a business offense and, upon conviction, shall be
fined not more than $1,000.

10400HB4767ham002 - 34 - LRB104 19925 KTG 36894 a
(h) If any member or shareholder desires to communicate
with the other members or shareholders of the savings bank
with reference to any question pending or to be presented at an
annual or special meeting, the savings bank shall give that
person, upon request, a statement of the approximate number of
members or shareholders entitled to vote at the meeting and an
estimate of the cost of preparing and delivering the
communication. The requesting member shall submit the
communication to the Commissioner who, upon finding it to be
appropriate and truthful, shall direct that it be prepared and
delivered to the members upon the requesting member's or
shareholder's payment or adequate provision for payment of the
expenses of preparation and delivery.
(i) A savings bank shall be reimbursed for costs that are
necessary and that have been directly incurred in searching
for, reproducing, or transporting books, papers, records, or
other data required to be reproduced pursuant to a lawful
subpoena, warrant, citation to discover assets, or court
order.
(j) Notwithstanding the provisions of this Section, a
savings bank may sell or otherwise make use of lists of names
and addresses of persons who have obtained a financial product
or service from the savings bank. All other information is
subject to the disclosure provisions of this Section. At the
request of any person who has obtained a financial product or
service from the savings bank, that person's name and address

10400HB4767ham002 - 35 - LRB104 19925 KTG 36894 a
shall be deleted from any list that is to be sold or used in
any other manner beyond identification of the person's
accounts.
(Source: P.A. 104-123, eff. 1-1-26; 104-310, eff. 8-15-25;
revised 11-20-25.)
Section 15. The Illinois Credit Union Act is amended by
changing Section 10 as follows:
(205 ILCS 305/10)
Sec. 10. Credit union records; member financial records.
(1) A credit union shall establish and maintain books,
records, accounting systems, and procedures which accurately
reflect its operations and which enable the Department to
readily ascertain the true financial condition of the credit
union and whether it is complying with this Act.
(2) A photostatic or photographic reproduction of any
credit union records shall be admissible as evidence of
transactions with the credit union.
(3)(a) For the purpose of this Section, the term
"financial records" means any original, any copy, or any
summary of (1) a document granting signature authority over an
account, (2) a statement, ledger card, or other record on any
account which shows each transaction in or with respect to
that account, (3) a check, draft, or money order drawn on a
financial institution or other entity or issued and payable by

10400HB4767ham002 - 36 - LRB104 19925 KTG 36894 a
or through a financial institution or other entity, or (4) any
other item containing information pertaining to any
relationship established in the ordinary course of business
between a credit union and its member, including financial
statements or other financial information provided by the
member.
(b) This Section does not prohibit:
(1) The preparation, examination, handling, or
maintenance of any financial records by any officer,
employee, or agent of a credit union having custody of
such records, or the examination of such records by a
certified public accountant engaged by the credit union to
perform an independent audit.
(2) The examination of any financial records by or the
furnishing of financial records by a credit union to any
officer, employee, or agent of the Department, the
National Credit Union Administration, Federal Reserve
Board or any insurer of share accounts for use solely in
the exercise of his duties as an officer, employee, or
agent.
(3) The publication of data furnished from financial
records relating to members where the data cannot be
identified to any particular member or account.
(4) The making of reports or returns required under
Chapter 61 of the Internal Revenue Code of 1954.
(5) Furnishing information concerning the dishonor of

10400HB4767ham002 - 37 - LRB104 19925 KTG 36894 a
any negotiable instrument permitted to be disclosed under
the Uniform Commercial Code.
(6) The exchange in the regular course of business of
(i) credit information between a credit union and other
credit unions or financial institutions or commercial
enterprises, directly or through a consumer reporting
agency, or (ii) financial records or information derived
from financial records between a credit union and other
credit unions or financial institutions or commercial
enterprises for the purpose of conducting due diligence
pursuant to a merger or a purchase or sale of assets or
liabilities of the credit union.
(7) The furnishing of information to the appropriate
law enforcement authorities where the credit union
reasonably believes it has been the victim of a crime.
(8) The furnishing of information pursuant to the
Revised Uniform Unclaimed Property Act.
(9) The furnishing of information pursuant to the
Illinois Income Tax Act and the Illinois Estate and
Generation-Skipping Transfer Tax Act.
(10) The furnishing of information pursuant to the
federal Currency and Foreign Transactions Reporting Act,
Title 31, United States Code, Section 1051 et sequentia.
(11) The furnishing of information pursuant to any
other statute which by its terms or by regulations
promulgated thereunder requires the disclosure of

10400HB4767ham002 - 38 - LRB104 19925 KTG 36894 a
financial records other than by subpoena, summons,
warrant, or court order.
(12) The furnishing of information in accordance with
the federal Personal Responsibility and Work Opportunity
Reconciliation Act of 1996. Any credit union governed by
this Act shall enter into an agreement for data exchanges
with a State agency provided the State agency pays to the
credit union a reasonable fee not to exceed its actual
cost incurred. A credit union providing information in
accordance with this item shall not be liable to any
account holder or other person for any disclosure of
information to a State agency, for encumbering or
surrendering any assets held by the credit union in
response to a lien or order to withhold and deliver issued
by a State agency, or for any other action taken pursuant
to this item, including individual or mechanical errors,
provided the action does not constitute gross negligence
or willful misconduct. A credit union shall have no
obligation to hold, encumber, or surrender assets until it
has been served with a subpoena, summons, warrant, court
or administrative order, lien, or levy.
(13) The furnishing of information to law enforcement
authorities, the Illinois Department on Aging and its
regional administrative and provider agencies, the
Department of Human Services Office of Inspector General,
or public guardians: (i) upon subpoena by the

10400HB4767ham002 - 39 - LRB104 19925 KTG 36894 a
investigatory entity or the guardian, or (ii) as part of a
mandated report if there is suspicion by the credit union
or a mandated reporter as defined in Section 2 of the Adult
Protective Services Act that a member who is an elderly
person or person with a disability has been or may become
the victim of financial exploitation. For the purposes of
this item (13), the term: (i) "elderly person" means a
person who is 60 or more years of age, (ii) "person with a
disability" means a person who has or reasonably appears
to the credit union to have a physical or mental
disability that impairs his or her ability to seek or
obtain protection from or prevent financial exploitation,
and (iii) "financial exploitation" means tortious or
illegal use of the assets or resources of an elderly
person or person with a disability, and includes, without
limitation, misappropriation of the assets or resources of
the elderly person or person with a disability by undue
influence, breach of fiduciary relationship, intimidation,
fraud, deception, extortion, or the use of assets or
resources in any manner contrary to law. A credit union, a
mandated reporter, or other persons or person furnishing
information pursuant to this item (13) shall be entitled
to the same rights and protections as other persons a
person furnishing information under the Adult Protective
Services Act and the Illinois Domestic Violence Act of
1986.

10400HB4767ham002 - 40 - LRB104 19925 KTG 36894 a
(13.5) The furnishing of information to any person on
a list submitted and periodically updated by a member who
is an elderly person or person with a disability, if there
is suspicion by the credit union that the member has been
or may become a victim of financial exploitation. For
purposes of this item (13.5), the terms "elderly person",
"person with a disability", and "financial exploitation"
have the meanings given to those terms in item (13). The
credit union may convey the suspicion to any of the
following persons, if the person is not the suspected
perpetrator: (i) any person on the list; (ii) any
co-owner, additional authorized signatory, or beneficiary
on the account of the member; or (iii) any person known by
the credit union to be a family member, including a
parent, spouse, adult child, or sibling. When providing
information under this item (13.5), the credit union may
pause the transaction in accordance with the account
holder agreement or similar documents and shall limit the
information and only disclose that the credit union has
cause to suspect that the member may be a victim or target
of financial exploitation and the basis or bases of the
credit union's reasonable suspicion, without disclosing
any other details or confidential information regarding
the financial affairs of the member. Any disclosure made
pursuant to this subsection shall comply with all other
privacy laws and legal prohibitions, including

10400HB4767ham002 - 41 - LRB104 19925 KTG 36894 a
confidentiality requirements for suspicious activity
reports. The credit union may rely on information provided
by the member in compiling the list of contact persons.
The credit union and any employee of the credit union
acting in good faith is immune from all criminal, civil,
and administrative liability for contacting a person or
electing not to contact a person under this item (13.5)
and for actions taken in furtherance of that
determination, if the determination was made based on a
reasonable suspicion.
(14) The disclosure of financial records or
information as necessary to effect, administer, or enforce
a transaction requested or authorized by the member, or in
connection with:
(A) servicing or processing a financial product or
service requested or authorized by the member;
(B) maintaining or servicing a member's account
with the credit union; or
(C) a proposed or actual securitization or
secondary market sale (including sales of servicing
rights) related to a transaction of a member.
Nothing in this item (14), however, authorizes the
sale of the financial records or information of a member
without the consent of the member.
(15) The disclosure of financial records or
information as necessary to protect against or prevent

10400HB4767ham002 - 42 - LRB104 19925 KTG 36894 a
actual or potential fraud, unauthorized transactions,
claims, or other liability.
(16)(a) The disclosure of financial records or
information related to a private label credit program
between a financial institution and a private label party
in connection with that private label credit program. Such
information is limited to outstanding balance, available
credit, payment and performance and account history,
product references, purchase information, and information
related to the identity of the customer.
(b)(1) For purposes of this item (16), "private label
credit program" means a credit program involving a
financial institution and a private label party that is
used by a customer of the financial institution and the
private label party primarily for payment for goods or
services sold, manufactured, or distributed by a private
label party.
(2) For purposes of this item (16), "private label
party" means, with respect to a private label credit
program, any of the following: a retailer, a merchant, a
manufacturer, a trade group, or any such person's
affiliate, subsidiary, member, agent, or service provider.
(17)(a) The furnishing of financial records of a
member to the Department to aid the Department's initial
determination or subsequent re-determination of the
member's eligibility for Medicaid and Medicaid long-term

10400HB4767ham002 - 43 - LRB104 19925 KTG 36894 a
care benefits for long-term care services, provided that
the credit union receives the written consent and
authorization of the member, which shall:
(1) have the member's signature notarized;
(2) be signed by at least one witness who
certifies that he or she believes the member to be of
sound mind and memory;
(3) be tendered to the credit union at the
earliest practicable time following its execution,
certification, and notarization;
(4) specifically limit the disclosure of the
member's financial records to the Department; and
(5) be in substantially the following form:
CUSTOMER CONSENT AND AUTHORIZATION
FOR RELEASE OF FINANCIAL RECORDS
I, ......................................., hereby authorize
(Name of Customer)
.............................................................
(Name of Financial Institution)
.............................................................
(Address of Financial Institution)

10400HB4767ham002 - 44 - LRB104 19925 KTG 36894 a
to disclose the following financial records:
any and all information concerning my deposit, savings, money
market, certificate of deposit, individual retirement,
retirement plan, 401(k) plan, incentive plan, employee benefit
plan, mutual fund and loan accounts (including, but not
limited to, any indebtedness or obligation for which I am a
co-borrower, co-obligor, guarantor, or surety), and any and
all other accounts in which I have an interest and any other
information regarding me in the possession of the Financial
Institution,
to the Illinois Department of Human Services or the Illinois
Department of Healthcare and Family Services, or both ("the
Department"), for the following purpose(s):
to aid in the initial determination or re-determination by the
State of Illinois of my eligibility for Medicaid long-term
care benefits, pursuant to applicable law.
I understand that this Consent and Authorization may be
revoked by me in writing at any time before my financial
records, as described above, are disclosed, and that this
Consent and Authorization is valid until the Financial
Institution receives my written revocation. This Consent and
Authorization shall constitute valid authorization for the

10400HB4767ham002 - 45 - LRB104 19925 KTG 36894 a
Department identified above to inspect all such financial
records set forth above, and to request and receive copies of
such financial records from the Financial Institution (subject
to such records search and reproduction reimbursement policies
as the Financial Institution may have in place). An executed
copy of this Consent and Authorization shall be sufficient and
as good as the original and permission is hereby granted to
honor a photostatic or electronic copy of this Consent and
Authorization. Disclosure is strictly limited to the
Department identified above and no other person or entity
shall receive my financial records pursuant to this Consent
and Authorization. By signing this form, I agree to indemnify
and hold the Financial Institution harmless from any and all
claims, demands, and losses, including reasonable attorneys
fees and expenses, arising from or incurred in its reliance on
this Consent and Authorization. As used herein, "Customer"
shall mean "Member" if the Financial Institution is a credit
union.
....................... ......................
(Date) (Signature of Customer)
......................
......................
(Address of Customer)

10400HB4767ham002 - 46 - LRB104 19925 KTG 36894 a
......................
(Customer's birth date)
(month/day/year)
The undersigned witness certifies that .................,
known to me to be the same person whose name is subscribed as
the customer to the foregoing Consent and Authorization,
appeared before me and the notary public and acknowledged
signing and delivering the instrument as his or her free and
voluntary act for the uses and purposes therein set forth. I
believe him or her to be of sound mind and memory. The
undersigned witness also certifies that the witness is not an
owner, operator, or relative of an owner or operator of a
long-term care facility in which the customer is a patient or
resident.
Dated: ................. ......................
(Signature of Witness)
......................
(Print Name of Witness)
......................
......................
(Address of Witness)

10400HB4767ham002 - 47 - LRB104 19925 KTG 36894 a
State of Illinois)
) ss.
County of .......)
The undersigned, a notary public in and for the above county
and state, certifies that .........., known to me to be the
same person whose name is subscribed as the customer to the
foregoing Consent and Authorization, appeared before me
together with the witness, .........., in person and
acknowledged signing and delivering the instrument as the free
and voluntary act of the customer for the uses and purposes
therein set forth.
Dated:.......................................................
Notary Public:...............................................
My commission expires:.......................................
(b) In no event shall the credit union distribute the
member's financial records to the long-term care facility
from which the member seeks initial or continuing
residency or long-term care services.
(c) A credit union providing financial records of a
member in good faith relying on a consent and
authorization executed and tendered in accordance with
this item (17) shall not be liable to the member or any
other person in relation to the credit union's disclosure

10400HB4767ham002 - 48 - LRB104 19925 KTG 36894 a
of the member's financial records to the Department. The
member signing the consent and authorization shall
indemnify and hold the credit union harmless that relies
in good faith upon the consent and authorization and
incurs a loss because of such reliance. The credit union
recovering under this indemnification provision shall also
be entitled to reasonable attorney's fees and the expenses
of recovery.
(d) A credit union shall be reimbursed by the member
for all costs reasonably necessary and directly incurred
in searching for, reproducing, and disclosing a member's
financial records required or requested to be produced
pursuant to any consent and authorization executed under
this item (17). The requested financial records shall be
delivered to the Department within 10 days after receiving
a properly executed consent and authorization or at the
earliest practicable time thereafter if the requested
records cannot be delivered within 10 days, but delivery
may be delayed until the final reimbursement of all costs
is received by the credit union. The credit union may
honor a photostatic or electronic copy of a properly
executed consent and authorization.
(e) Nothing in this item (17) shall impair, abridge,
or abrogate the right of a member to:
(1) directly disclose his or her financial records
to the Department or any other person; or

10400HB4767ham002 - 49 - LRB104 19925 KTG 36894 a
(2) authorize his or her attorney or duly
appointed agent to request and obtain the member's
financial records and disclose those financial records
to the Department.
(f) For purposes of this item (17), "Department" means
the Department of Human Services and the Department of
Healthcare and Family Services or any successor
administrative agency of either agency.
(18) The furnishing of the financial records of a
member to an appropriate law enforcement authority,
without prior notice to or consent of the member, upon
written request of the law enforcement authority, when
reasonable suspicion of an imminent threat to the personal
security and safety of the member exists that necessitates
an expedited release of the member's financial records, as
determined by the law enforcement authority. The law
enforcement authority shall include a brief explanation of
the imminent threat to the member in its written request
to the credit union. The written request shall reflect
that it has been authorized by a supervisory or managerial
official of the law enforcement authority. The decision to
furnish the financial records of a member to a law
enforcement authority shall be made by a supervisory or
managerial official of the credit union. A credit union
providing information in accordance with this item (18)
shall not be liable to the member or any other person for

10400HB4767ham002 - 50 - LRB104 19925 KTG 36894 a
the disclosure of the information to the law enforcement
authority.
(19) The furnishing of financial records of a deceased
member to a public administrator of any county or other
governmental jurisdiction for the purpose of facilitating
burial of the customer.
(20) (19) The furnishing of financial information to
the executor, executrix, administrator, or other lawful
representative of the estate of a member.
(c) Except as otherwise provided by this Act, a credit
union may not disclose to any person, except to the member or
his duly authorized agent, any financial records relating to
that member of the credit union unless:
(1) the member has authorized disclosure to the
person;
(2) the financial records are disclosed in response to
a lawful subpoena, summons, warrant, citation to discover
assets, or court order that meets the requirements of
subparagraph (3)(d) of this Section; or
(3) the credit union is attempting to collect an
obligation owed to the credit union and the credit union
complies with the provisions of Section 2I of the Consumer
Fraud and Deceptive Business Practices Act.
(d) A credit union shall disclose financial records under
item (3)(c)(2) of this Section pursuant to a lawful subpoena,
summons, warrant, citation to discover assets, or court order

10400HB4767ham002 - 51 - LRB104 19925 KTG 36894 a
only after the credit union sends a copy of the subpoena,
summons, warrant, citation to discover assets, or court order
to the person establishing the relationship with the credit
union, if living, and otherwise the person's personal
representative, if known, at the person's last known address
by first class mail, postage prepaid, through a third-party
commercial carrier or courier with delivery charge fully
prepaid, by hand delivery, or by electronic delivery at an
email address on file with the credit union (if the person
establishing the relationship with the credit union has
consented to receive electronic delivery and, if the person
establishing the relationship with the credit union is a
consumer, the person has consented under the consumer consent
provisions set forth in Section 7001 of Title 15 of the United
States Code), unless the credit union is specifically
prohibited from notifying the person by order of court or by
applicable State or federal law. In the case of a grand jury
subpoena, a credit union shall not mail a copy of a subpoena to
any person pursuant to this subsection if the subpoena was
issued by a grand jury or notifying the person would
constitute a violation of the federal Right to Financial
Privacy Act of 1978.
(e)(1) Any officer or employee of a credit union who
knowingly and willfully furnishes financial records in
violation of this Section is guilty of a business offense and
upon conviction thereof shall be fined not more than $1,000.

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(2) Any person who knowingly and willfully induces or
attempts to induce any officer or employee of a credit union to
disclose financial records in violation of this Section is
guilty of a business offense and upon conviction thereof shall
be fined not more than $1,000.
(f) A credit union shall be reimbursed for costs which are
reasonably necessary and which have been directly incurred in
searching for, reproducing or transporting books, papers,
records or other data of a member required or requested to be
produced pursuant to a lawful subpoena, summons, warrant,
citation to discover assets, or court order. The Secretary and
the Director may determine, by rule, the rates and conditions
under which payment shall be made. Delivery of requested
documents may be delayed until final reimbursement of all
costs is received.
(Source: P.A. 104-123, eff. 1-1-26; 104-310, eff. 8-15-25;
104-403, eff. 1-1-26; revised 9-15-25.)
Section 20. The Adult Protective Services Act is amended
by changing Sections 2, 3.5, and 8 and by adding Section 16 as
follows:
(320 ILCS 20/2) (from Ch. 23, par. 6602)
Sec. 2. Definitions. As used in this Act, unless the
context requires otherwise:
(a) "Abandonment" means the desertion or willful forsaking

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of an eligible adult by an individual responsible for the care
and custody of that eligible adult under circumstances in
which a reasonable person would continue to provide care and
custody. Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abandonment because of health
care services provided or not provided by licensed health care
professionals.
(a-1) "Abuse" means causing any physical, mental or sexual
injury to an eligible adult, including exploitation of such
adult's financial resources, and abandonment or subjecting an
eligible adult to an environment which creates a likelihood of
harm to the eligible adult's health, physical and emotional
well-being, or welfare.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse, abandonment, neglect, or
self-neglect for the sole reason that he or she is being
furnished with or relies upon treatment by spiritual means
through prayer alone, in accordance with the tenets and
practices of a recognized church or religious denomination.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse because of health care
services provided or not provided by licensed health care
professionals.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse in cases of criminal
activity by strangers, telemarketing scams, consumer fraud,

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internet fraud, home repair disputes, complaints against a
homeowners' association, or complaints between landlords and
tenants.
(a-5) "Abuser" means a person who is a family member,
caregiver, or another person who has a continuing relationship
with the eligible adult and abuses, abandons, neglects, or
financially exploits an eligible adult.
(a-6) "Adult with disabilities" means a person aged 18
through 59 who resides in a domestic living situation and
whose disability as defined in subsection (c-5) impairs his or
her ability to seek or obtain protection from abuse,
abandonment, neglect, or exploitation.
(a-7) "Caregiver" means a person who either as a result of
a family relationship, voluntarily, or in exchange for
compensation has assumed responsibility for all or a portion
of the care of an eligible adult who needs assistance with
activities of daily living or instrumental activities of daily
living.
(b) "Department" means the Department on Aging of the
State of Illinois.
(c) "Director" means the Director of the Department.
(c-5) "Disability" means a physical or mental disability,
including, but not limited to, a developmental disability, an
intellectual disability, a mental illness as defined under the
Mental Health and Developmental Disabilities Code, or dementia
as defined under the Alzheimer's Disease Assistance Act.

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(d) "Domestic living situation" means a residence where
the eligible adult at the time of the report lives alone or
with his or her family or a caregiver, or others, or other
community-based unlicensed facility, but is not:
(1) A licensed facility as defined in Section 1-113 of
the Nursing Home Care Act;
(1.5) A facility licensed under the ID/DD Community
Care Act;
(1.6) A facility licensed under the MC/DD Act;
(1.7) A facility licensed under the Specialized Mental
Health Rehabilitation Act of 2013;
(2) A "life care facility" as defined in the Life Care
Facilities Act;
(3) A home, institution, or other place operated by
the federal government or agency thereof or by the State
of Illinois;
(4) A hospital, sanitarium, or other institution, the
principal activity or business of which is the diagnosis,
care, and treatment of human illness through the
maintenance and operation of organized facilities
therefor, which is required to be licensed under the
Hospital Licensing Act;
(5) A "community living facility" as defined in the
Community Living Facilities Licensing Act;
(6) (Blank);
(7) A "community-integrated living arrangement" as

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defined in the Community-Integrated Living Arrangements
Licensure and Certification Act or a "community
residential alternative" as licensed under that Act;
(8) An assisted living or shared housing establishment
as defined in the Assisted Living and Shared Housing Act;
or
(9) A supportive living facility as described in
Section 5-5.01a of the Illinois Public Aid Code.
(e) "Eligible adult" means either an adult with
disabilities aged 18 through 59 or a person aged 60 or older
who resides in a domestic living situation and is, or is
alleged to be, abused, abandoned, neglected, or financially
exploited by another individual or who neglects himself or
herself. "Eligible adult" also includes an adult who resides
in any of the facilities that are excluded from the definition
of "domestic living situation" under paragraphs (1) through
(9) of subsection (d), if either: (i) the alleged abuse,
abandonment, or neglect occurs outside of the facility and not
under facility supervision and the alleged abuser is a family
member, caregiver, or another person who has a continuing
relationship with the adult; or (ii) the alleged financial
exploitation is perpetrated by a family member, caregiver, or
another person who has a continuing relationship with the
adult, but who is not an employee of the facility where the
adult resides.
(f) "Emergency" means a situation in which an eligible

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adult is living in conditions presenting a risk of death or
physical, mental or sexual injury and the provider agency has
reason to believe the eligible adult is unable to consent to
services which would alleviate that risk.
(f-1) "Financial exploitation" means the use of an
eligible adult's resources by another to the disadvantage of
that adult or the profit or advantage of a person other than
that adult.
(f-3) "Investment advisor" means any person required to
register as an investment adviser or investment adviser
representative under Section 8 of the Illinois Securities Law
of 1953, which for purposes of this Act excludes any bank,
trust company, savings bank, or credit union, or their
respective employees.
(f-5) "Mandated reporter" means any of the following
persons while engaged in carrying out their professional
duties:
(1) a professional or professional's delegate while
engaged in: (i) social services, (ii) law enforcement,
(iii) education, (iv) the care of an eligible adult or
eligible adults, or (v) any of the occupations required to
be licensed under the Behavior Analyst Licensing Act, the
Clinical Psychologist Licensing Act, the Clinical Social
Work and Social Work Practice Act, the Illinois Dental
Practice Act, the Dietitian Nutritionist Practice Act, the
Marriage and Family Therapy Licensing Act, the Medical

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Practice Act of 1987, the Naprapathic Practice Act, the
Nurse Practice Act, the Nursing Home Administrators
Licensing and Disciplinary Act, the Illinois Occupational
Therapy Practice Act, the Illinois Optometric Practice Act
of 1987, the Pharmacy Practice Act, the Illinois Physical
Therapy Act, the Physician Assistant Practice Act of 1987,
the Podiatric Medical Practice Act of 1987, the
Respiratory Care Practice Act, the Professional Counselor
and Clinical Professional Counselor Licensing and Practice
Act, the Illinois Speech-Language Pathology and Audiology
Practice Act, the Veterinary Medicine and Surgery Practice
Act of 2004, and the Illinois Public Accounting Act;
(1.5) an employee of an entity providing developmental
disabilities services or service coordination funded by
the Department of Human Services;
(2) an employee of a vocational rehabilitation
facility prescribed or supervised by the Department of
Human Services;
(3) an administrator, employee, or person providing
services in or through an unlicensed community based
facility;
(4) any religious practitioner who provides treatment
by prayer or spiritual means alone in accordance with the
tenets and practices of a recognized church or religious
denomination, except as to information received in any
confession or sacred communication enjoined by the

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discipline of the religious denomination to be held
confidential;
(5) field personnel of the Department of Healthcare
and Family Services, Department of Public Health, and
Department of Human Services, and any county or municipal
health department;
(6) personnel of the Department of Human Services, the
Guardianship and Advocacy Commission, the State Fire
Marshal, local fire departments, the Department on Aging
and its subsidiary Area Agencies on Aging and provider
agencies, except the State Long Term Care Ombudsman and
any of his or her representatives or volunteers where
prohibited from making such a report pursuant to 45 CFR
1324.11(e)(3)(iv);
(7) any employee of the State of Illinois not
otherwise specified herein who is involved in providing
services to eligible adults, including professionals
providing medical or rehabilitation services and all other
persons having direct contact with eligible adults;
(8) a person who performs the duties of a coroner or
medical examiner;
(9) a person who performs the duties of a paramedic or
an emergency medical technician; or
(10) a person who performs the duties of an investment
adviser or investment adviser representative, as defined
in Sections 2.11 and 2.12b of the Illinois Securities Law

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of 1953 respectively; advisor.
(11) a person who performs the duties of a dealer or a
salesperson as defined in Sections 2.7 and 2.9 of the
Illinois Securities Law of 1953 respectively; or
(12) employees of financial institutions who have
access to the financial information of the institution's
clients. Financial institutions are limited to federally
or State-chartered banks, savings banks, savings and loan
associations, or credit unions.
(g) "Neglect" means another individual's failure to
provide an eligible adult with or willful withholding from an
eligible adult the necessities of life including, but not
limited to, food, clothing, shelter or health care. This
subsection does not create any new affirmative duty to provide
support to eligible adults. Nothing in this Act shall be
construed to mean that an eligible adult is a victim of neglect
because of health care services provided or not provided by
licensed health care professionals.
(h) "Provider agency" means any public or nonprofit agency
in a planning and service area that is selected by the
Department or appointed by the regional administrative agency
with prior approval by the Department on Aging to receive and
assess reports of alleged or suspected abuse, abandonment,
neglect, or financial exploitation. A provider agency is also
referenced as a "designated agency" in this Act.
(i) "Regional administrative agency" means any public or

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nonprofit agency in a planning and service area that provides
regional oversight and performs functions as set forth in
subsection (b) of Section 3 of this Act. The Department shall
designate an Area Agency on Aging as the regional
administrative agency or, in the event the Area Agency on
Aging in that planning and service area is deemed by the
Department to be unwilling or unable to provide those
functions, the Department may serve as the regional
administrative agency or designate another qualified entity to
serve as the regional administrative agency; any such
designation shall be subject to terms set forth by the
Department.
(i-5) "Self-neglect" means a condition that is the result
of an eligible adult's inability, due to physical or mental
impairments, or both, or a diminished capacity, to perform
essential self-care tasks that substantially threaten his or
her own health, including: providing essential food, clothing,
shelter, and health care; and obtaining goods and services
necessary to maintain physical health, mental health,
emotional well-being, and general safety. The term includes
compulsive hoarding, which is characterized by the acquisition
and retention of large quantities of items and materials that
produce an extensively cluttered living space, which
significantly impairs the performance of essential self-care
tasks or otherwise substantially threatens life or safety.
(j) "Substantiated case" means a reported case of alleged

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or suspected abuse, abandonment, neglect, financial
exploitation, or self-neglect in which a provider agency,
after assessment, determines that there is reason to believe
abuse, abandonment, neglect, or financial exploitation has
occurred.
(k) "Verified" means a determination that there is "clear
and convincing evidence" that the specific injury or harm
alleged was the result of abuse, abandonment, neglect, or
financial exploitation.
(Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22;
103-329, eff. 1-1-24; 103-626, eff. 1-1-25.)
(320 ILCS 20/3.5)
Sec. 3.5. Other responsibilities. The Department shall
also be responsible for the following activities, contingent
upon adequate funding; implementation shall be expanded to
adults with disabilities upon the effective date of this
amendatory Act of the 98th General Assembly, except those
responsibilities under subsection (a), which shall be
undertaken as soon as practicable:
(a) promotion of a wide range of endeavors for the
purpose of preventing abuse, abandonment, neglect,
financial exploitation, and self-neglect, including, but
not limited to, promotion of public and professional
education to increase awareness of abuse, abandonment,
neglect, financial exploitation, and self-neglect; to

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increase reports; to establish access to and use of the
Registry established under Section 7.5; and to improve
response by various legal, financial, social, and health
systems;
(b) coordination of efforts with other agencies,
councils, and like entities, to include but not be limited
to, the Administrative Office of the Illinois Courts, the
Office of the Attorney General, the Illinois State Police,
the Illinois Law Enforcement Training Standards Board, the
State Triad, the Illinois Criminal Justice Information
Authority, the Departments of Public Health, Healthcare
and Family Services, and Human Services, the Illinois
Guardianship and Advocacy Commission, the Family Violence
Coordinating Council, the Illinois Violence Prevention
Authority, and other entities which may impact awareness
of, and response to, abuse, abandonment, neglect,
financial exploitation, and self-neglect;
(c) collection and analysis of data;
(d) monitoring of the performance of regional
administrative agencies and adult protective services
agencies;
(e) promotion of prevention activities;
(f) establishing and coordinating an aggressive
training program on the unique nature of adult abuse cases
with other agencies, councils, and like entities, to
include but not be limited to the Office of the Attorney

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General, the Illinois State Police, the Illinois Law
Enforcement Training Standards Board, the State Triad, the
Illinois Criminal Justice Information Authority, the State
Departments of Public Health, Healthcare and Family
Services, and Human Services, the Family Violence
Coordinating Council, the Illinois Violence Prevention
Authority, the agency designated by the Governor under
Section 1 of the Protection and Advocacy for Persons with
Developmental Disabilities Act, and other entities that
may impact awareness of and response to abuse,
abandonment, neglect, financial exploitation, and
self-neglect;
(g) solicitation of financial institutions for the
purpose of making information available to the general
public warning of financial exploitation of adults and
related financial fraud or abuse, including such
information and warnings available through signage or
other written materials provided by the Department on the
premises of such financial institutions, provided that the
manner of displaying or distributing such information is
subject to the sole discretion of each financial
institution; and
(g-1) developing by joint rulemaking with the
Department of Financial and Professional Regulation
minimum training standards which shall be used by any
individual who meets the criteria under paragraphs (10),

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(11), or (12) of subsection (f-5) of Section 2 financial
institutions for their current and new employees with
direct customer contact; the Department of Financial and
Professional Regulation shall retain sole visitation and
enforcement authority under this subsection (g-1); the
Department of Financial and Professional Regulation shall
provide bi-annual reports to the Department setting forth
aggregate statistics on the training programs required
under this subsection (g-1).
(Source: P.A. 102-244, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; 103-626, eff. 1-1-25.)
(320 ILCS 20/8) (from Ch. 23, par. 6608)
Sec. 8. Access to records.
(a) All records concerning reports of abuse, abandonment,
neglect, financial exploitation, or self-neglect or reports of
suspicious deaths due to abuse, neglect, or financial
exploitation and all records generated as a result of such
reports shall be confidential and shall not be disclosed
except as specifically authorized by this Act or other
applicable law. In accord with established law and Department
protocols, procedures, and policies, access to such records,
but not access to the identity of the person or persons making
a report of alleged abuse, abandonment, neglect, financial
exploitation, or self-neglect as contained in such records,
shall be provided, upon request, to the following persons and

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for the following persons:
(1) Department staff, provider agency staff, other
aging network staff, and regional administrative agency
staff, including staff of the Chicago Department on Aging
while that agency is designated as a regional
administrative agency, in the furtherance of their
responsibilities under this Act;
(1.5) A representative of the public guardian acting
in the course of investigating the appropriateness of
guardianship for the eligible adult or while pursuing a
petition for guardianship of the eligible adult pursuant
to the Probate Act of 1975;
(2) A law enforcement agency or State's Attorney's
office investigating known or suspected abuse,
abandonment, neglect, financial exploitation, or
self-neglect. Where a provider agency has reason to
believe that the death of an eligible adult may be the
result of abuse, abandonment, or neglect, including any
reports made after death, the agency shall immediately
provide the appropriate law enforcement agency with all
records pertaining to the eligible adult;
(2.5) A law enforcement agency, fire department
agency, or fire protection district having proper
jurisdiction pursuant to a written agreement between a
provider agency and the law enforcement agency, fire
department agency, or fire protection district under which

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the provider agency may furnish to the law enforcement
agency, fire department agency, or fire protection
district a list of all eligible adults who may be at
imminent risk of abuse, abandonment, neglect, financial
exploitation, or self-neglect;
(3) A physician who has before him or her or who is
involved in the treatment of an eligible adult whom he or
she reasonably suspects may be abused, abandoned,
neglected, financially exploited, or self-neglected or who
has been referred to the Adult Protective Services
Program;
(4) An eligible adult reported to be abused,
abandoned, neglected, financially exploited, or
self-neglected, or such adult's authorized guardian or
agent, unless such guardian or agent is the abuser or the
alleged abuser;
(4.5) An executor or administrator of the estate of an
eligible adult who is deceased, unless such guardian or
agent is the abuser or the alleged abuser;
(5) Any A probate court of competent with jurisdiction
over the guardianship of an alleged victim for an in
camera inspection;
(5.5) A guardian ad litem, unless such guardian ad
litem is the abuser or alleged abuser;
(6) A grand jury, upon its determination that access
to such records is necessary in the conduct of its

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official business;
(7) Any person authorized by the Director, in writing,
for audit or bona fide research purposes;
(8) A coroner or medical examiner who has reason to
believe that an eligible adult has died as the result of
abuse, abandonment, neglect, financial exploitation, or
self-neglect. The Department provider agency shall
immediately provide the coroner or medical examiner with
all records pertaining to the eligible adult as soon as
practicable;
(8.5) A coroner or medical examiner having proper
jurisdiction, pursuant to a written agreement between a
provider agency and the coroner or medical examiner, under
which the provider agency may furnish to the office of the
coroner or medical examiner a list of all eligible adults
who may be at imminent risk of death as a result of abuse,
abandonment, neglect, financial exploitation, or
self-neglect;
(9) Department of Financial and Professional
Regulation staff and members of the Illinois Medical
Disciplinary Board or the Social Work Examining and
Disciplinary Board in the course of investigating alleged
violations of the Clinical Social Work and Social Work
Practice Act by provider agency staff or other licensing
bodies at the discretion of the Director of the Department
on Aging;

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(9-a) Department of Healthcare and Family Services
staff and provider agency staff when that Department is
funding services to the eligible adult, including access
to the identity of the eligible adult;
(9-b) Department of Human Services staff and provider
agency staff when that Department is funding services to
the eligible adult or is providing reimbursement for
services provided by the abuser or alleged abuser,
including access to the identity of the eligible adult;
(10) Hearing officers in the course of conducting an
administrative hearing under this Act; parties to such
hearing shall be entitled to discovery as established by
rule;
(11) A caregiver who challenges placement on the
Registry shall be given the statement of allegations in
the abuse report and the substantiation decision in the
final investigative report; and
(12) The Illinois Guardianship and Advocacy Commission
and the agency designated by the Governor under Section 1
of the Protection and Advocacy for Persons with
Developmental Disabilities Act shall have access, through
the Department, to records, including the findings,
pertaining to a completed or closed investigation of a
report of suspected abuse, abandonment, neglect, financial
exploitation, or self-neglect of an eligible adult.
(b) The Department, at its discretion, may provide the

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records to any person listed under subsection (a) and any
professional licensing board or commission, investigatory
unit, prosecutorial unit, or similar disciplinary body if any
substantiated abuser falls under their purview.
(c) All records not generated by the Department, but
obtained during the course of an Adult Protective Service
investigation or related to an Adult Protective Service case,
including, but not limited to, financial records and medical
records, shall be confidential and shall not be disclosed
except at the Department's sole discretion. As such, these
records shall not be disclosed under the Freedom of
Information Act. These records may be obtained through
intergovernmental agreements with the Department.
(Source: P.A. 102-244, eff. 1-1-22; 103-329, eff. 1-1-24.)
(320 ILCS 20/16 new)
Sec. 16. Notification and reporting. By July 1, 2028, the
Department shall establish a web-based portal to receive
alleged or suspected reports of financial exploitation as well
as other reports of alleged or suspected abuse, abandonment,
neglect, or self-neglect. The Department may refer the
information to law enforcement and state agencies on a
case-by-case basis. All information shared shall be maintained
for the confidential use of law enforcement and the Department
and shall not be disclosed under the Freedom of Information
Act. This information access does not entitle any entities to

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Adult Protective Services records.
For the purposes of this Section, "financial exploitation"
has the meaning described in subsection (a) of Section 17-56
of the Criminal Code of 2012.
Section 25. The Illinois Securities Law of 1953 is amended
by adding Section 18.5 as follows:
(815 ILCS 5/18.5 new)
Sec. 18.5. Transactional holds for eligible adults.
(a) For the purposes of this Section:
"Eligible adult" has the meaning given to that term in
Section 2 of the Adult Protective Services Act.
"Financial exploitation" has the meaning described in
subsection (a) of Section 17-56 of the Criminal Code of 2012.
(b) Dealers, salespersons, investment advisers, and
investment adviser representatives may issue initial
transactional holds if they have a reasonable suspicion that a
transaction or disbursement from an account of an eligible
adult may involve, facilitate, result in, or contribute to
financial exploitation of that eligible adult. Any initial
transactional holds done under this Section must be followed
by an internal review that satisfies the internal policies of
the financial firms that issued the hold.
(c) Dealers and investment advisers must create internal
policies regarding identifying and reporting financial

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exploitation of eligible adults and the transactional holds
specified in this Section. Policies shall include measures to
determine if undue influence is being imposed on the client to
make transactions or withdrawals and focus on ensuring parity
across different branches of the same institution.
(d) The duration of these initial transactional holds is
limited to no longer than 15 business days or sooner if the
dealer or investment adviser has satisfied its own internal
policies by conducting a review of the facts and circumstances
surrounding the reasonable suspicion and has made a
determination that no financial exploitation of the eligible
adult is taking place. The dealer or investment adviser may
issue an extended transactional hold for an additional 45
business days following the initial hold if the internal
review of the available facts and circumstances continues to
support the reasonable suspicion that financial exploitation
of the specified adult has occurred, is occurring, has been
attempted, or will be attempted. The length of the extended
transactional hold may be shortened or extended at any time by
a court of competent jurisdiction. If any dealer or investment
adviser issues any transactional hold under this Section, the
dealer or investment adviser must provide written notice of
the transactional hold to all parties authorized to transact
business on the account within 2 business days of the hold
being issued. This written notice must reference the
requirements and time frames detailed in this Section.

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(e) Any dealer or investment adviser that employs
salespersons and investment advisers conducting an internal
review under this Section that results in reasonable suspicion
that a transaction or disbursement may involve, facilitate,
result in, or contribute to financial exploitation of an
eligible adult must notify Adult Protective Services of its
findings within 24 hours and share any related documentation.
All information shared shall be maintained for the
confidential use of law enforcement, the Securities Department
of the Office of the Secretary of State, and the Department on
Aging and shall not be disclosed under the Freedom of
Information Act. This information access does not entitle any
entities to Adult Protective Services records.
Section 99. Effective date. This Act takes effect July 1,
2027.".