Bill Text: IL HB0321 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Repeals the State Tax Lien Registration Act and the Revised Uniform Unclaimed Property Act. Reenacts the Uniform Disposition of Unclaimed Property Act. Changes various Acts by restoring language deleted by Public Act 100-22 and deleting language added by Public Act 100-22, including, but not limited to, the following changes: (1) amends the Illinois Income Tax Act to provide that: (A) for taxable years beginning on or after January 1, 2019 and beginning prior to January 1, 2025, the income tax rates shall be (i) 3.75% for individuals, trusts, and estates and (ii) 5.25% for corporations; (B) for taxable years beginning on or after January 1, 2025, the income tax rates shall be (i) 3.25% for individuals, trusts, and estates and (ii) 4.8% for corporations; (C) the research and development credit does not apply for taxable years beginning on or after January 1, 2019 (currently, January 1, 2022); (D) provides that the maximum amount of the education expense credit is reduced from $750 to $500 per year; (E) repeals an addition modification for amounts deducted under the Internal Revenue Code for domestic manufacturing and other activities; and (F) repeals provisions disallowing certain exemptions for taxpayers with an income above a certain limit; (2) repeals the State Tax Lien Database; (3) amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act to provide that: (A) the graphic arts machinery exemption sunsets on July 1, 2019 and (B) the manufacturing and assembling machinery and equipment exemption is no longer permanent. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-02-14 - To Income Tax Subcommittee [HB0321 Detail]

Download: Illinois-2019-HB0321-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0321

Introduced , by Rep. David McSweeney

SYNOPSIS AS INTRODUCED:
See Index

Repeals the State Tax Lien Registration Act and the Revised Uniform Unclaimed Property Act. Reenacts the Uniform Disposition of Unclaimed Property Act. Changes various Acts by restoring language deleted by Public Act 100-22 and deleting language added by Public Act 100-22. Effective immediately.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning revenue.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 2. The Uniform Disposition of Unclaimed Property
5Act is reenacted as follows:
6 (765 ILCS 1025/Act title)
7An Act relating to the disposition of unclaimed property,
8to make uniform the law with reference thereto, to provide
9penalties for the violation thereof and to make an
10appropriation with relation thereto.
11 (765 ILCS 1025/0.05)
12 Sec. 0.05. Transfer of powers. The rights, powers, duties,
13and functions vested in the Department of Financial
14Institutions to administer this Act are transferred to the
15State Treasurer on July 1, 1999 in accordance with Sections
160.02 through 0.06 of the State Treasurer Act; provided,
17however, that the rights, powers, duties, and functions
18involving the examination of the records of any person that the
19State Treasurer has reason to believe has failed to report
20properly under this Act shall be transferred to the Office of
21Banks and Real Estate if the person is regulated by the Office
22of Banks and Real Estate under the Illinois Banking Act, the

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1Corporate Fiduciary Act, the Foreign Banking Office Act, the
2Illinois Savings and Loan Act of 1985, or the Savings Bank Act
3and shall be retained by the Department of Financial
4Institutions if the person is doing business in the State under
5the supervision of the Department of Financial Institutions,
6the National Credit Union Administration, the Office of Thrift
7Supervision, or the Comptroller of the Currency.
8(Source: P.A. 91-16, eff. 6-4-99.)
9 (765 ILCS 1025/1) (from Ch. 141, par. 101)
10 Sec. 1. As used in this Act, unless the context otherwise
11requires:
12 (a) "Banking organization" means any bank, trust company,
13savings bank, industrial bank, land bank, safe deposit company,
14or a private banker.
15 (b) "Business association" means any corporation, joint
16stock company, business trust, partnership, or any
17association, limited liability company, or other business
18entity consisting of one or more persons, whether or not for
19profit.
20 (c) "Financial organization" means any savings and loan
21association, building and loan association, credit union,
22currency exchange, co-operative bank, mutual funds, or
23investment company.
24 (d) "Holder" means any person in possession of property
25subject to this Act belonging to another, or who is trustee in

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1case of a trust, or is indebted to another on an obligation
2subject to this Act.
3 (e) "Life insurance corporation" means any association or
4corporation transacting the business of insurance on the lives
5of persons or insurance appertaining thereto, including, but
6not by way of limitation, endowments and annuities.
7 (f) "Owner" means a depositor in case of a deposit, a
8beneficiary in case of a trust, a creditor, claimant, or payee
9in case of other property, or any person having a legal or
10equitable interest in property subject to this Act, or his
11legal representative.
12 (g) "Person" means any individual, business association,
13financial organization, government or political subdivision or
14agency, public authority, estate, trust, or any other legal or
15commercial entity.
16 (h) "Utility" means any person who owns or operates, for
17public use, any plant, equipment, property, franchise, or
18license for the transmission of communications or the
19production, storage, transmission, sale, delivery, or
20furnishing of electricity, water, steam, oil or gas.
21 (i) (Blank).
22 (j) "Insurance company" means any person transacting the
23kinds of business enumerated in Section 4 of the Illinois
24Insurance Code other than life insurance.
25 (k) "Economic loss", as used in Sections 2a and 9 of this
26Act includes, but is not limited to, delivery charges,

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1mark-downs and write-offs, carrying costs, restocking charges,
2lay-aways, special orders, issuance of credit memos, and the
3costs of special services or goods provided that reduce the
4property value or that result in lost sales opportunity.
5 (l) "Reportable property" means property, tangible or
6intangible, presumed abandoned under this Act that must be
7appropriately and timely reported and remitted to the Office of
8the State Treasurer under this Act. Interest, dividends, stock
9splits, warrants, or other rights that become reportable
10property under this Act include the underlying security or
11commodity giving rise to the interest, dividend, split,
12warrant, or other right to which the owner would be entitled.
13 (m) "Firearm" has the meaning ascribed to that term in the
14Firearm Owners Identification Card Act.
15(Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99; 91-748,
16eff. 6-2-00.)
17 (765 ILCS 1025/1.5)
18 Sec. 1.5. Application of the Act. This Act applies to all
19money returned to the Treasurer by the paying agent for any
20State bonds or interest coupons by reason of the failure of the
21holder to present such bonds or coupons for payment within 2
22years after maturity.
23(Source: P.A. 97-935, eff. 8-10-12.)
24 (765 ILCS 1025/2) (from Ch. 141, par. 102)

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1 Sec. 2. Property held by financial organizations;
2presumption of abandonment. The following property held or
3owing by a banking or financial organization is presumed
4abandoned:
5 (a) Any demand, savings, or matured time deposit with a
6banking organization, together with any interest or dividend
7thereon, excluding any charges that may lawfully be withheld,
8unless the owner has, within 5 years:
9 (1) Increased or decreased the amount of the deposit,
10 or presented the passbook or other similar evidence of the
11 deposit for the crediting of interest; or
12 (2) Corresponded in writing with the banking
13 organization concerning the deposit;
14 (3) Otherwise indicated an interest in the deposit as
15 evidenced by a memorandum on file with the banking
16 organization; or
17 (4) Engaged in the following activity regarding other
18 funds or loan accounts with the banking organization:
19 (i) undertook one or more the above actions
20 described in subsection (a) of this Section regarding
21 any account that appears on a consolidated statement
22 with the inactive account;
23 (ii) increased or decreased the amount of funds in
24 any other account the owner has with the banking
25 organization; or
26 (iii) engaged in any other relationship with the

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1 banking organization, including payment of any amounts
2 due on a loan.
3 The foregoing apply so long as the mailing address for the
4owner in the banking organization's books and records is the
5same for both the inactive account and for the active account.
6 (b) Any funds paid toward the purchase of withdrawable
7shares or other interest in a financial organization, or any
8deposit made, and any interest or dividends thereon, excluding
9any charges that may be lawfully withheld, unless the owner has
10within 5 years:
11 (1) Increased or decreased the amount of the funds, or
12 deposit, or presented an appropriate record for the
13 crediting of interest or dividends; or
14 (2) Corresponded in writing with the financial
15 organization concerning the funds or deposit;
16 (3) Otherwise indicated an interest in the funds or
17 deposit as evidenced by a memorandum on file with the
18 financial organization; or
19 (4) Engaged in the following activity regarding other
20 funds or loan accounts with the financial organization:
21 (i) undertook one or more the above actions
22 described in subsection (b) of this Section regarding
23 any account that appears on a consolidated statement
24 with the inactive account;
25 (ii) increased or decreased the amount of funds in
26 any other account the owner has with the financial

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1 organization; or
2 (iii) engaged in any other relationship with the
3 financial organization, including payment of any
4 amounts due on a loan.
5 The foregoing apply so long as the mailing address for the
6owner in the financial organization's books and records is the
7same for both the inactive account and for the active account.
8 (c) Any sum payable on checks or on written instruments on
9which a banking or financial organization or business
10association is directly liable including, by way of
11illustration but not of limitation, certificates of deposit,
12drafts, money orders and travelers checks, that with the
13exception of travelers checks and unclaimed wages, payroll, and
14salary has been outstanding for more than 5 years from the date
15it was payable, or from the date of its issuance if payable on
16demand, or, in the case of travelers checks, that has been
17outstanding for more than 15 years from the date of its
18issuance, or, in the case of unclaimed wages, payroll, or
19salary, that has been outstanding for more than one year from
20the date of its issuance, excluding any charges that may be
21lawfully withheld relating to money orders issued by currency
22exchanges, unless the owner has within 5 years (or within 15
23years in the case of travelers checks or one year in the case
24of unclaimed wages, payroll, or salary) corresponded in writing
25with the banking or financial organization or business
26association concerning it, or otherwise indicated an interest

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1as evidenced by a memorandum on file with the banking or
2financial organization or business association.
3 (d) Any funds or other personal property, tangible or
4intangible, removed from a safe deposit box or any other
5safekeeping repository or agency or collateral deposit box on
6which the lease or rental period has expired due to nonpayment
7of rental charges or other reason, or any surplus amounts
8arising from the sale thereof pursuant to law, that have been
9unclaimed by the owner for more than 5 years from the date on
10which the lease or rental period expired, subject to lien of
11the holder for reimbursement of costs incurred in the opening
12of a safe deposit box as determined by the holder's regular
13schedule of charges.
14 (e) Notwithstanding any other provision of this Section, no
15deposit except passbook, checking, NOW accounts, super NOW
16accounts, money market accounts, or such similar accounts as
17established by Rule of the State Treasurer, held by a banking
18or financial organization shall be presumed abandoned if with
19respect to such a deposit which specifies a definite maturity
20date, such organization was authorized in writing to extend or
21rollover the account for an additional like period and such
22organization does so extend. Such deposits are not presumed
23abandoned less than 5 years from that final maturity date.
24Property of any kind held in an individual retirement account
25(IRA) is not presumed abandoned earlier than 5 years after the
26owner attains the age at which distributions from the account

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1become mandatory under law.
2 (f) Notwithstanding any other provision of this Section,
3money of a minor deposited pursuant to Section 24-21 of the
4Probate Act of 1975 shall not be presumed abandoned earlier
5than 5 years after the minor attains legal age. Such money
6shall be deposited in an account which shall indicate the birth
7date of the minor.
8(Source: P.A. 97-270, eff. 8-8-11.)
9 (765 ILCS 1025/2a) (from Ch. 141, par. 102a)
10 Sec. 2a. (a) Business associations shall report, pursuant
11to Section 11 of this Act, all property and any earnings
12thereon to which the owner would be entitled that have remained
13unclaimed for 5 years and are therefore presumed abandoned.
14Before reporting and delivering property as required under this
15Act, a business association may deduct from the amount of
16otherwise reportable intangible personal property the economic
17loss suffered by it in connection with that intangible personal
18property arising from transactions involving the sale of
19tangible personal property at retail. This property shall
20consist of, but is not limited to:
21 (1) (blank);
22 (2) deposits or payment for repair or purchase of goods
23 or services;
24 (3) credit checks or memos, or customer overpayments;
25 (4) stocks, bonds, or any other type of securities or

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1 debt instruments, and interest and dividends therefrom;
2 (5) unidentified remittances, unrefunded overcharges;
3 (6) unpaid claims, unpaid accounts payable or unpaid
4 commissions; and
5 (7) credit balances - accounts receivable, checks
6 written off, employee bond buying and profit-sharing.
7 (b) Notwithstanding the provisions of subsection (a), any
8property due or owed by a business association to or for the
9benefit of another business association resulting from a
10transaction occurring in the normal and ordinary course of
11business shall be exempt from the provisions of this Act.
12 (c) Notwithstanding the provisions of subsection (a),
13unclaimed wages, payroll, and salary, in any form, shall be
14reported after remaining unclaimed for one year, pursuant to
15Section 2.
16(Source: P.A. 97-270, eff. 8-8-11.)
17 (765 ILCS 1025/3) (from Ch. 141, par. 103)
18 Sec. 3. (a) Unclaimed funds, as defined in this Section,
19held and owing by a life insurance corporation shall be
20presumed abandoned if the last known address, according to the
21records of the corporation, of the person entitled to the funds
22is within this State. If a person other than the insured or
23annuitant is entitled to the funds and no address of such
24person is known to the corporation or if it is not definite and
25certain from the records of the corporation what person is

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1entitled to the funds, it is presumed that the last known
2address of the person entitled to the funds is the same as the
3last known address of the insured or annuitant according to the
4records of the corporation.
5 (b) "Unclaimed funds", as used in this Section, means all
6moneys held and owing by any life insurance corporation
7unclaimed and unpaid for more than 5 years after the moneys
8became due and payable as established from the records of the
9corporation under any life or endowment insurance policy or
10annuity contract which has matured or terminated. A life
11insurance policy not matured by actual proof of the death of
12the insured is deemed to be matured and the proceeds thereof
13are deemed to be due and payable if such policy was in force
14when the insured attained the limiting age under the mortality
15table on which the reserve is based, unless the person
16appearing entitled thereto has within the preceding 5 years,
17(1) assigned, readjusted, or paid premiums on the policy, or
18subjected the policy to loan, or (2) corresponded in writing
19with the life insurance corporation concerning the policy.
20Moneys otherwise payable according to the records of the
21corporation are deemed due and payable although the policy or
22contract has not been surrendered as required.
23(Source: P.A. 87-925.)
24 (765 ILCS 1025/3a)
25 Sec. 3a. Demutualization; insurance company.

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1 (a) Property distributable in the course of a
2demutualization, rehabilitation, or related reorganization of
3an insurance company shall be deemed abandoned as follows:
4 (1) any funds, 2 years after the date of the
5 demutualization, rehabilitation, or reorganization, if the
6 funds remain unclaimed, and the owner has not otherwise
7 communicated with the holder or its agent regarding the
8 property as evidenced by a memorandum or other record on
9 file with the holder or its agent;
10 (2) any stock, 2 years after the date of the
11 demutualization, rehabilitation, or reorganization if
12 instruments or statements reflecting the distribution are
13 either mailed to the owner and returned by the post office
14 as undeliverable, or not mailed to the owner because of an
15 address on the books and records of the holder that is
16 known to be incorrect, and the owner has not otherwise
17 communicated with the holder or its agent regarding the
18 property as evidenced by a memorandum or other record on
19 file with the holder or its agent; and
20 (b) Property subject to items (1) and (2) of subsection (a)
21of this Section shall be set apart and held in the
22Demutualization Trust Fund, a special non-appropriated fund
23hereby created in the State treasury, for the payment of claims
24and expenses associated with the processing of the claims by
25the State Treasurer and shall not be transferred to any other
26fund until such time as the property would be reportable under

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1other Sections of this Act. The Demutualization Trust Fund
2shall not be subject to Section 8h or 8j of the State Finance
3Act.
4 (c) Property not subject to the provisions of subsection
5(a), within 2 years of distribution shall remain reportable
6under other Sections of this Act.
7(Source: P.A. 94-686, eff. 11-2-05.)
8 (765 ILCS 1025/4) (from Ch. 141, par. 104)
9 Sec. 4. The following funds held or owing by any utility
10are presumed abandoned:
11 (a) Any deposit made by a subscriber with a utility to
12 secure payment for, or any sum paid in advance for, utility
13 services to be furnished, less any lawful deduction, that
14 has remained unclaimed by the person appearing on the
15 records of the utility entitled thereto for more than 5
16 years after the termination of the services for which the
17 deposit or advance payment was made.
18 (b) Any sum which a utility has been ordered to refund
19 and which was received for utility services rendered in
20 this State, together with any interest thereon, less any
21 lawful deductions, that has remained unclaimed by the
22 person appearing on the records of the utility entitled
23 thereto for more than 5 years after the date it became
24 payable in accordance with the final determination or order
25 providing for the refund.

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1 (c) Any capital credits or patronage capital retired,
2 returned, refunded or tendered to a member of an electric
3 cooperative as defined in Section 3.4 of the Electric
4 Supplier Act or a telephone or telecommunications
5 cooperative as defined in Section 13-212 of the Public
6 Utilities Act that have remained unclaimed by the person
7 appearing on the records of the cooperative entitled
8 thereto for more than 2 years. Such unclaimed capital
9 credits or patronage capital shall not be subject to, or
10 governed by, any other provisions of this Act, but rather
11 shall be used by the cooperative for the benefit of the
12 general membership of the cooperative.
13(Source: P.A. 90-167, eff. 7-23-97.)
14 (765 ILCS 1025/5) (from Ch. 141, par. 105)
15 Sec. 5. The provisions of this Act shall not apply to any
16amount held or owing by a banking organization as agent, or as
17trustee of an express trust, for the purpose of making payment
18to holders of, or in respect of stocks, bonds, or other
19securities of a governmental or other public issuer, or of a
20business association other than a business association which
21shall have discontinued the conduct of its business, or the
22corporate existence of which shall have terminated, without the
23right to receive such amount having passed to a successor or
24successors.
25 As of January 1, 1998, this Section shall not be applicable

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1unless the Department has commenced, but not finalized, an
2examination of the holder as of that date and the property is
3included in a final examination report for the period covered
4by the examination.
5(Source: P.A. 90-167, eff. 7-23-97.)
6 (765 ILCS 1025/6) (from Ch. 141, par. 106)
7 Sec. 6. All intangible personal property distributable in
8the course of a voluntary dissolution of a business
9association, banking organization, or financial organization
10that is unclaimed by the owner within 2 years after the date
11for final distribution, is presumed abandoned.
12(Source: P.A. 90-167, eff. 7-23-97.)
13 (765 ILCS 1025/7) (from Ch. 141, par. 107)
14 Sec. 7. All intangible personal property and any income or
15increment thereon, held in a fiduciary capacity for the benefit
16of another person is presumed abandoned unless the owner has,
17within 5 years after it becomes payable or distributable,
18increased or decreased the principal, accepted payment of
19principal or income, corresponded in writing concerning the
20property, or otherwise indicated an interest as evidenced by a
21memorandum on file with the fiduciary.
22 A fiduciary may deduct any actual cost incurred in
23connection with the administration of suspense, abeyant, and
24similar accounts arising out of its fiduciary, stock transfer,

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1corporation trust, and securities processing activities but
2not to exceed 8% of the property remitted.
3(Source: P.A. 90-167, eff. 7-23-97.)
4 (765 ILCS 1025/7a) (from Ch. 141, par. 107a)
5 Sec. 7a. The provisions of this Act shall not apply to an
6active express trust.
7 As of January 1, 1998, this Section shall not be applicable
8unless the Department has commenced, but not finalized, an
9examination of the holder as of that date and the property is
10included in a final examination report for the period covered
11by the examination.
12(Source: P.A. 90-167, eff. 7-23-97.)
13 (765 ILCS 1025/8) (from Ch. 141, par. 108)
14 Sec. 8. All funds and intangible personal property held for
15the owner by any court, public authority, or public officer of
16this State, or a political subdivision thereof, that has
17remained unclaimed by the owner for more than 5 years is
18presumed abandoned. This Section does not apply to deposits
19made to municipalities as a condition for the issuance of a
20building permit.
21(Source: P.A. 99-577, eff. 1-1-17.)
22 (765 ILCS 1025/8.1) (from Ch. 141, par. 108.1)
23 Sec. 8.1. Property held by governments.

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1 (a) All tangible personal property or intangible personal
2property and all debts owed or entrusted funds or other
3property held by any federal, state or local government or
4governmental subdivision, agency, entity, officer or appointee
5thereof shall be presumed abandoned if the property has
6remained unclaimed for 5 years, except as provided in
7subsection (c).
8 (b) This Section applies to all abandoned property held by
9any federal, state or local government or governmental
10subdivision, agency, entity, officer or appointee thereof on
11September 3, 1991 (the effective date of Public Act 87-206) or
12at any time thereafter, regardless of when the property became
13or becomes presumptively abandoned.
14 (c) United States savings bonds.
15 (1) As used in this subsection, "United States savings
16 bond" means property, tangible or intangible, in the form
17 of a savings bond issued by the United States Treasury,
18 whether in paper, electronic, or paperless form, along with
19 all proceeds thereof in the possession of the State
20 Treasurer.
21 (2) Notwithstanding any provision of this Act to the
22 contrary, a United States savings bond subject to this
23 Section or held or owing in this State by any person shall
24 be presumed abandoned when such bond has remained unclaimed
25 and unredeemed for 5 years after its date of final extended
26 maturity.

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1 (3) United States savings bonds that are presumed
2 abandoned and unclaimed under paragraph (2) shall escheat
3 to the State of Illinois and all property rights and legal
4 title to and ownership of the United States savings bonds,
5 or proceeds from the bonds, including all rights, powers,
6 and privileges of survivorship of any owner, co-owner, or
7 beneficiary, shall vest solely in the State according to
8 the procedure set forth in paragraphs (4) through (6).
9 (4) Within 180 days after a United States savings bond
10 has been presumed abandoned, in the absence of a claim
11 having been filed with the State Treasurer for the savings
12 bond, the State Treasurer shall commence a civil action in
13 the Circuit Court of Sangamon County for a determination
14 that the United States savings bond has escheated to the
15 State. The State Treasurer may postpone the bringing of the
16 action until sufficient United States savings bonds have
17 accumulated in the State Treasurer's custody to justify the
18 expense of the proceedings.
19 (5) The State Treasurer shall make service by
20 publication in the civil action in accordance with Sections
21 2-206 and 2-207 of the Code of Civil Procedure, which shall
22 include the filing with the Circuit Court of Sangamon
23 County of the affidavit required in Section 2-206 of that
24 Code by an employee of the State Treasurer with personal
25 knowledge of the efforts made to contact the owners of
26 United States savings bonds presumed abandoned under this

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1 Section. In addition to the diligent inquiries made
2 pursuant to Section 2-206 of the Code of Civil Procedure,
3 the State Treasurer may also utilize additional
4 discretionary means to attempt to provide notice to persons
5 who may own a United States savings bond registered to a
6 person with a last known address in the State of Illinois
7 subject to a civil action pursuant to paragraph (4).
8 (6) The owner of a United States savings bond
9 registered to a person with a last known address in the
10 State of Illinois subject to a civil action pursuant to
11 paragraph (4) may file a claim for such United States
12 savings bond with either the State Treasurer or by filing a
13 claim in the civil action in the Circuit Court of Sangamon
14 County in which the savings bond registered to that person
15 is at issue prior to the entry of a final judgment by the
16 Circuit Court pursuant to this subsection, and unless the
17 Circuit Court determines that such United States savings
18 bond is not owned by the claimant, then such United States
19 savings bond shall no longer be presumed abandoned. If no
20 person files a claim or appears at the hearing to
21 substantiate a disputed claim or if the court determines
22 that a claimant is not entitled to the property claimed by
23 the claimant, then the court, if satisfied by evidence that
24 the State Treasurer has substantially complied with the
25 laws of this State, shall enter a judgment that the United
26 States savings bonds have escheated to this State, and all

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1 property rights and legal title to and ownership of such
2 United States savings bonds or proceeds from such bonds,
3 including all rights, powers, and privileges of
4 survivorship of any owner, co-owner, or beneficiary, shall
5 vest in this State.
6 (7) The State Treasurer shall redeem from the Bureau of
7 the Fiscal Service of the United States Treasury the United
8 States savings bonds escheated to the State and deposit the
9 proceeds from the redemption of United States savings bonds
10 into the Unclaimed Property Trust Fund.
11 (8) Any person making a claim for the United States
12 savings bonds escheated to the State under this subsection,
13 or for the proceeds from such bonds, may file a claim with
14 the State Treasurer. Upon providing sufficient proof of the
15 validity of such person's claim, the State Treasurer may,
16 in his or her sole discretion, pay such claim. If payment
17 has been made to any claimant, no action thereafter shall
18 be maintained by any other claimant against the State or
19 any officer thereof for or on account of such funds.
20(Source: P.A. 99-556, eff. 1-1-17; 99-577, eff. 1-1-17;
21100-201, eff. 8-18-17.)
22 (765 ILCS 1025/8.2) (from Ch. 141, par. 108.2)
23 Sec. 8.2. (Repealed).
24(Source: P.A. 87-1135. Repealed by P.A. 89-567, eff. 7-26-96.)

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1 (765 ILCS 1025/9) (from Ch. 141, par. 109)
2 Sec. 9. All personal property, not otherwise covered by
3this Act, including any income or increment thereon that the
4owner would be entitled to and deducting any lawful charges,
5that has remained unclaimed by the owner for more than 5 years
6is presumed abandoned. Before reporting and delivering
7property as required under this Act, a business association may
8deduct from the amount of otherwise reportable intangible
9personal property the economic loss suffered by it in
10connection with that intangible personal property arising from
11transactions involving the sale of tangible personal property
12at retail. Except as provided in Section 10.5, this provision
13shall not apply to personal property held prior to October 1,
141968 by business associations. Property remitted to the State
15pursuant to this Act, prior to the effective date of this
16amendatory Act of 1982, shall not be affected by this
17amendatory Act of 1982.
18(Source: P.A. 90-167, eff. 7-23-97.)
19 (765 ILCS 1025/10) (from Ch. 141, par. 110)
20 Sec. 10. If specific property which is subject to the
21provisions of Sections 2, 5, 6, 7 and 9 is held for or owed or
22distributable to an owner whose last known address is in
23another state by a holder who is subject to the jurisdiction of
24that state, the specific property is not presumed abandoned in
25this State and subject to this Act if:

HB0321- 22 -LRB101 04001 HLH 49009 b
1 (a) It may be claimed as abandoned or escheated under
2 the laws of such other state; and
3 (b) The laws of such other state make reciprocal
4 provision that similar specific property is not presumed
5 abandoned or escheatable by such other state when held for
6 or owed or distributable to an owner whose last known
7 address is within this State by a holder who is subject to
8 the jurisdiction of this State.
9(Source: Laws 1963, p. 1805.)
10 (765 ILCS 1025/10.5)
11 Sec. 10.5. Nonapplicability of Act.
12 (a) Unless the personal property was identified in a final
13examination report by the Director of Financial Institutions
14issued pursuant to a duly authorized examination and the final
15examination report was received by the holder on or before May
161, 1993, this Act does not apply to (i) travelers checks
17reportable as unclaimed property before July 1, 1973, (ii)
18funds held by any federal, state, or local government or
19governmental subdivision, agency, entity, officer, or
20appointee thereof reportable as unclaimed property before July
211, 1981, or (iii) any other personal property reportable as
22unclaimed property before July 1, 1985, based upon the
23presumptive abandonment period in effect on that date.
24 (b) For reports required to be filed after December 31,
251993, this Act does not apply to any reportable personal

HB0321- 23 -LRB101 04001 HLH 49009 b
1property held prior to the period required for presumptive
2abandonment of the property plus the 9 years immediately
3preceding the beginning of that period.
4 (c) Subsections (a) and (b) do not apply to property held
5by a trust division or trust department or by a trust company,
6or affiliate of any of the foregoing that provides nondealer
7corporate custodial services for securities or securities
8transactions, organized under the laws of this or another state
9or the United States.
10 As of January 1, 1998, this subsection shall not be
11applicable unless the Department of Financial Institutions has
12commenced, but not finalized, an examination of the holder as
13of that date and the property is included in a final
14examination report for the period covered by the examination.
15 (d) Subsections (a) and (b) do not apply to property held
16by a holder who files a fraudulent report or fails to file a
17report.
18 (e) Subsections (a) and (b) do not apply if, as a result of
19their application, another state would have a legal right to
20delivery of the property and such other state has commenced
21proceedings with respect to the property.
22(Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99.)
23 (765 ILCS 1025/10.6)
24 Sec. 10.6. Gift certificates and gift cards.
25 (a) This Act applies to a gift certificate or gift card

HB0321- 24 -LRB101 04001 HLH 49009 b
1only if:
2 (i) the gift certificate or gift card contains or has
3 language indicating there is an expiration date,
4 expiration period or language indicating that there is any
5 type of post-sale charge or fee including but not limited
6 to service charges, dormancy fees, account maintenance
7 fees, cash-out fees, replacement card fees, and activation
8 or reactivation charges; and
9 (ii) none of the exceptions in this Section apply.
10 (b) This Act does not apply to a gift certificate or gift
11card that contains or has language indicating that there is an
12expiration date or expiration period, or any type of post-sale
13charge or fee including but not limited to service charges,
14dormancy fees, account maintenance fees, cash-out fees,
15replacement card fees, and activation or reactivation charges
16if:
17 (i) the gift certificate or gift card was issued before
18 the effective date of this amendatory Act of the 93rd
19 General Assembly; and
20 (ii) it is the policy and practice of the issuer of the
21 gift certificate or gift card to honor the gift certificate
22 or gift card after its expiration date or the end of its
23 expiration period and it is the policy and practice of the
24 issuer of the gift certificate or gift card to eliminate
25 all post-sale charges and fees, and the issuer posts
26 written notice of the policy and practice at locations at

HB0321- 25 -LRB101 04001 HLH 49009 b
1 which the issuer sells gift certificates or gift cards. The
2 written notice shall be an original or a copy of a notice
3 that the State Treasurer shall produce and provide to
4 issuers free of charge.
5 (c) Nothing in this Section applies to a gift certificate
6or gift card if the value of the gift certificate or gift card
7was reported and remitted under this Act before the effective
8date of this amendatory Act of the 93rd General Assembly.
9(Source: P.A. 92-487, eff. 8-23-01; 93-945, eff. 1-1-05.)
10 (765 ILCS 1025/11) (from Ch. 141, par. 111)
11 Sec. 11. Report of holder.
12 (a) Except as otherwise provided in subsection (c) of
13Section 4, every person holding funds or other property,
14tangible or intangible, presumed abandoned under this Act shall
15report and remit all abandoned property specified in the report
16to the State Treasurer with respect to the property as
17hereinafter provided. The State Treasurer may exempt any
18businesses from the reporting requirement if he deems such
19businesses unlikely to be holding unclaimed property.
20 (b) The information shall be obtained in one or more
21reports as required by the State Treasurer. The information
22shall be verified and shall include:
23 (1) the name, social security or federal tax
24 identification number, if known, and last known address,
25 including zip code, of each person appearing from the

HB0321- 26 -LRB101 04001 HLH 49009 b
1 records of the holder to be the owner of any property of
2 the value of $5 or more presumed abandoned under this Act;
3 (2) in case of unclaimed funds of life insurance
4 corporations the full name of the insured and any
5 beneficiary or annuitant and the last known address
6 according to the life insurance corporation's records;
7 (3) the date when the property became payable,
8 demandable, or returnable, and the date of the last
9 transaction with the owner with respect to the property;
10 and
11 (4) other information which the State Treasurer
12 prescribes by rule as necessary for the administration of
13 this Act.
14 (c) If the person holding property presumed abandoned is a
15successor to other persons who previously held the property for
16the owner, or if the holder has changed his name while holding
17the property, he shall file with his report all prior known
18names and addresses of each holder of the property.
19 (d) The report and remittance of the property specified in
20the report shall be filed by banking organizations, financial
21organizations, insurance companies other than life insurance
22corporations, and governmental entities before November 1 of
23each year as of June 30 next preceding. The report and
24remittance of the property specified in the report shall be
25filed by business associations, utilities, and life insurance
26corporations before May 1 of each year as of December 31 next

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1preceding. The Director may postpone the reporting date upon
2written request by any person required to file a report. The
3report and remittance of the property specified in the report
4for property subject to subsection (a) of Section 3a of this
5Act shall be filed before a date established by the State
6Treasurer that is on or after the later of: (i) 30 days after
7the effective date of this amendatory Act of the 94th General
8Assembly; or (ii) November 1, 2005.
9 (d-5) Notwithstanding the foregoing, currency exchanges
10shall be required to report and remit property specified in the
11report within 30 days after the conclusion of its annual
12examination by the Department of Financial Institutions. As
13part of the examination of a currency exchange, the Department
14of Financial Institutions shall instruct the currency exchange
15to submit a complete unclaimed property report using the State
16Treasurer's formatted diskette reporting program or an
17alternative reporting format approved by the State Treasurer.
18The Department of Financial Institutions shall provide the
19State Treasurer with an accounting of the money orders located
20in the course of the annual examination including, where
21available, the amount of service fees deducted and the date of
22the conclusion of the examination.
23 (e) Before filing the annual report, the holder of property
24presumed abandoned under this Act shall communicate with the
25owner at his last known address if any address is known to the
26holder, setting forth the provisions hereof necessary to occur

HB0321- 28 -LRB101 04001 HLH 49009 b
1in order to prevent abandonment from being presumed. If the
2holder has not communicated with the owner at his last known
3address at least 120 days before the deadline for filing the
4annual report, the holder shall mail, at least 60 days before
5that deadline, a letter by first class mail to the owner at his
6last known address unless any address is shown to be
7inaccurate, setting forth the provisions hereof necessary to
8prevent abandonment from being presumed.
9 (f) Verification, if made by a partnership, shall be
10executed by a partner; if made by an unincorporated association
11or private corporation, by an officer; and if made by a public
12corporation, by its chief fiscal officer.
13 (g) Any person who has possession of property which he has
14reason to believe will be reportable in the future as unclaimed
15property, may report and deliver it prior to the date required
16for such reporting in accordance with this Section and is then
17relieved of responsibility as provided in Section 14.
18 (h) (1) Records pertaining to presumptively abandoned
19property held by a trust division or trust department or by a
20trust company, or affiliate of any of the foregoing that
21provides nondealer corporate custodial services for securities
22or securities transactions, organized under the laws of this or
23another state or the United States shall be retained until the
24property is delivered to the State Treasurer.
25 As of January 1, 1998, this subdivision (h)(1) shall not be
26applicable unless the Department of Financial Institutions has

HB0321- 29 -LRB101 04001 HLH 49009 b
1commenced, but not finalized, an examination of the holder as
2of that date and the property is included in a final
3examination report for the period covered by the examination.
4 (2) In the case of all other holders commencing on the
5effective date of this amendatory Act of 1993, property records
6for the period required for presumptive abandonment plus the 9
7years immediately preceding the beginning of that period shall
8be retained for 5 years after the property was reportable.
9 (i) The State Treasurer may promulgate rules establishing
10the format and media to be used by a holder in submitting
11reports required under this Act.
12 (j) Other than the Notice to Owners required by Section 12
13and other discretionary means employed by the State Treasurer
14for notifying owners of the existence of abandoned property,
15the State Treasurer shall not disclose any information provided
16in reports filed with the State Treasurer or any information
17obtained in the course of an examination by the State Treasurer
18to any person other than governmental agencies for the purposes
19of returning abandoned property to its owners or to those
20individuals who appear to be the owner of the property or
21otherwise have a valid claim to the property, unless written
22consent from the person entitled to the property is obtained by
23the State Treasurer.
24(Source: P.A. 98-495, eff. 8-16-13.)
25 (765 ILCS 1025/11.5)

HB0321- 30 -LRB101 04001 HLH 49009 b
1 Sec. 11.5. Estimation techniques and record retention.
2 (a) If a holder has failed to retain records as required by
3this Act or if the records retained are shown to be
4insufficient to conduct and conclude an examination, the Office
5of the State Treasurer may use estimation techniques that
6conform to either Generally Accepted Auditing Standards or
7Generally Accepted Accounting Principles to determine the
8amount of unclaimed property. In the conduct of an examination,
9the State shall not request of a holder any records that relate
10only to property that under subsection (a) or (b) of Section
1110.5 is not subject to this Act.
12 (b) Within 15 business days of the receipt of a final
13examination report, a holder may request a hearing to contest
14the use or validity of estimation techniques. The examination
15shall become final upon the failure of the holder to request a
16hearing as provided in this Section. If a hearing is held, the
17State Treasurer shall issue an order approving or disapproving
18the use or validity of the estimation techniques. The order
19shall be a final order under the Administrative Review Law.
20(Source: P.A. 91-16, eff. 7-1-99.)
21 (765 ILCS 1025/12) (from Ch. 141, par. 112)
22 Sec. 12. Notice to owners.
23 (a) For property reportable by May 1, as identified by
24Section 11, the State Treasurer shall cause notice to be
25published once in an English language newspaper of general

HB0321- 31 -LRB101 04001 HLH 49009 b
1circulation in the county in this State in which is located the
2last known address of any person to be named in the notice on
3or before November 1 of the same year. For property reportable
4by November 1, as identified by Section 11, the State Treasurer
5shall cause notice to be published once in an English language
6newspaper of general circulation in the county in this State in
7which is located the last known address of any person named in
8the notice on or before May 1 of the next year. If no address is
9listed or if the address is outside this State, the notice
10shall be published in the county in which the holder of the
11abandoned property has his principal place of business within
12this State. However, if an out-of-state address is in a state
13that is not a party to a reciprocal agreement with this State
14concerning abandoned property, the notice may be published in
15the Illinois Register. The names of owners that are identified
16and contacted directly by the State Treasurer do not have to be
17published as described in this Section.
18 (b) The published notice shall be entitled "Notice of Names
19of Persons Appearing to be Owners of Abandoned Property", and
20shall contain:
21 (1) The names in alphabetical order and last known
22 addresses, if any, of persons listed in the report and
23 entitled to notice within the county as hereinbefore
24 specified.
25 (2) A statement that information concerning the amount
26 or description of the property and the name and address of

HB0321- 32 -LRB101 04001 HLH 49009 b
1 the holder may be obtained by any persons possessing an
2 interest in the property by addressing an inquiry to the
3 State Treasurer.
4 (3) A statement that the abandoned property has been
5 placed in the custody of the State Treasurer to whom all
6 further claims must thereafter be directed.
7 (c) The State Treasurer is not required to publish in such
8notice any item of less than $100 or any item for which the
9address of the last known owner is in a state that has a
10reciprocal agreement with this State concerning abandoned
11property unless he deems such publication to be in the public
12interest.
13(Source: P.A. 93-531, eff. 8-14-03; 94-686, eff. 11-2-05.)
14 (765 ILCS 1025/13) (from Ch. 141, par. 113)
15 Sec. 13. Every person who has filed a report as provided by
16Section 11 shall deliver to the State Treasurer all abandoned
17property specified in the annual report on the same date that
18the annual report is filed. Costs for communicating with owners
19by mail as required by subsection (e) of Section 11 may be
20deducted from the property specified in the report. Any such
21person, who pursuant to a statutory requirement, filed a bond
22or bonds pertaining to such abandoned property with the State
23Treasurer or his predecessor, may also deduct an amount
24equivalent to that part of the bond premium attributable to
25such abandoned property.

HB0321- 33 -LRB101 04001 HLH 49009 b
1(Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99.)
2 (765 ILCS 1025/14) (from Ch. 141, par. 114)
3 Sec. 14. Upon the payment or delivery of abandoned property
4to the State Treasurer, the state shall assume custody and
5shall be responsible for the safekeeping thereof. Any person
6who pays or delivers abandoned property to the State Treasurer
7under this Act is relieved of all liability to the extent of
8the value of the property so paid or delivered for any claim
9which then exists or which thereafter may arise or be made in
10respect to the property.
11 In the event legal proceedings are instituted by any other
12state or states in any state or federal court with respect to
13unclaimed funds or abandoned property previously paid or
14delivered to the State Treasurer, the holder shall give written
15notification to the State Treasurer and the Attorney General of
16this state of such proceedings within 10 days after service of
17process, or in the alternative at least 10 days before the
18return date or date on which an answer or similar pleading is
19due (or any extension thereof secured by the holder). The
20Attorney General may take such action as he deems necessary or
21expedient to protect the interests of the State of Illinois.
22The Attorney General by written notice prior to the return date
23or date on which an answer or similar pleading is due (or any
24extension thereof secured by the holder), but in any event in
25reasonably sufficient time for the holder to comply with the

HB0321- 34 -LRB101 04001 HLH 49009 b
1directions received, shall either direct the holder actively to
2defend in such proceedings or that no defense need be entered
3in such proceedings. If a direction is received from the
4Attorney General that the holder need not make a defense, such
5shall not preclude the holder from entering a defense in its
6own name if it should so choose. However, any defense made by
7the holder on its own initiative shall not entitle the holder
8to reimbursement for legal fees, costs and other expenses as is
9hereinafter provided in respect to defenses made pursuant to
10the directions of the Attorney General. If, after the holder
11has actively defended in such proceedings pursuant to a
12direction of the Attorney General, or has been notified in
13writing by the Attorney General that no defense need be made
14with respect to such funds, a judgment is entered against the
15holder for any amount paid to the State Treasurer under this
16Act, the State Treasurer shall, upon being furnished with proof
17of payment in satisfaction of such judgment, reimburse the
18holder the amount so paid. The State Treasurer shall also
19reimburse the holder for any legal fees, costs and other
20directly related expenses incurred in legal proceedings
21undertaken pursuant to the direction of the Attorney General.
22(Source: P.A. 91-16, eff. 7-1-99.)
23 (765 ILCS 1025/15) (from Ch. 141, par. 115)
24 Sec. 15. When property is paid or delivered to the State
25Treasurer under this Act, the owner is not entitled to receive

HB0321- 35 -LRB101 04001 HLH 49009 b
1income or other increments accruing thereafter, except that
2income accruing on unliquidated stock and mutual funds after
3July 1, 1993, may be paid to the owner.
4(Source: P.A. 91-16, eff. 7-1-99.)
5 (765 ILCS 1025/16) (from Ch. 141, par. 116)
6 Sec. 16. The expiration of any period of time specified by
7statute or court order, during which an action or proceeding
8may be commenced or enforced to obtain payment of a claim for
9money or recovery of property, shall not prevent the money or
10property from being presumed abandoned property, nor affect any
11duty to file a report required by this Act or to pay or deliver
12abandoned property to the State Treasurer.
13(Source: P.A. 91-16, eff. 7-1-99.)
14 (765 ILCS 1025/17) (from Ch. 141, par. 117)
15 Sec. 17. (a) All abandoned property, other than money and
16that property exempted by paragraphs (1), (2), (3), (4), (5),
17and (6) of this subsection, delivered to the State Treasurer
18under this Act shall be sold within a reasonable time to the
19highest bidder at public sale in whatever city in the State
20affords in his or her judgment the most favorable market for
21the property involved. The State Treasurer may decline the
22highest bid and reoffer the property for sale if he or she
23considers the price bid insufficient. The State Treasurer may
24group items for auction as "box lots" if the value of the

HB0321- 36 -LRB101 04001 HLH 49009 b
1individual items makes it impracticable to sell the items
2individually. He or she need not offer any property for sale,
3and may destroy or otherwise dispose of the property, if, in
4his or her opinion, the probable cost of sale exceeds the value
5of the property. Securities or commodities received by the
6Office of the State Treasurer may be sold by the State
7Treasurer through a broker or sales agent suitable for the sale
8of the type of securities or commodities being sold.
9 (1) Property which the State Treasurer determines may
10 have historical value may be, at his or her discretion,
11 loaned to a recognized exhibitor in the United States where
12 it will be kept until such time as the State Treasurer
13 orders it to be returned to his or her possession.
14 (2) Property returned to the State Treasurer shall be
15 released to the rightful owner or otherwise disposed of in
16 accordance with this Act. The State Treasurer shall keep
17 identifying records of the property so loaned, the name of
18 rightful owner and the owner's last known address, if
19 available.
20 (3) The Treasurer, in cooperation with the Department
21 of State Police, shall develop a procedure to determine
22 whether a firearm delivered to the Treasurer under this Act
23 has been stolen or used in the commission of a crime. The
24 Department of State Police shall determine the appropriate
25 disposition of a firearm that has been stolen or used in
26 the commission of a crime. The Treasurer shall attempt to

HB0321- 37 -LRB101 04001 HLH 49009 b
1 return a firearm that has not been stolen or used in the
2 commission of a crime to the rightful owner, provided that
3 the owner may lawfully possess the firearm as determined by
4 the Department of State Police.
5 If the Treasurer is unable to return a firearm to its
6 owner, the Treasurer shall transfer custody of the firearm
7 to the Department of State Police. Legal title to a firearm
8 transferred to the Department of State Police under this
9 paragraph (3) is vested in the Department of State Police
10 by operation of law:
11 (A) if the Treasurer cannot locate the owner of the
12 firearm;
13 (B) if the owner of the firearm may not lawfully
14 possess the firearm;
15 (C) if the owner does not respond to notice
16 published under Section 12 of this Act; or
17 (D) if the owner responds to notice published under
18 Section 12 and states that he or she no longer claims
19 an interest in the firearm.
20 With respect to a firearm whose title is transferred to
21 the Department of State Police under this paragraph (3),
22 that Department may:
23 (i) retain the firearm for use by the crime
24 laboratory system, for training purposes, or for any
25 other application as deemed appropriate by the
26 Department;

HB0321- 38 -LRB101 04001 HLH 49009 b
1 (ii) transfer the firearm to the Illinois State
2 Museum if the firearm has historical value; or
3 (iii) destroy the firearm if it is not retained
4 pursuant to subparagraph (i) or transferred pursuant
5 to subparagraph (ii).
6 (4) If human remains are delivered to the Treasurer
7 under this Act, the Treasurer shall deliver those human
8 remains to the coroner of the county in which the human
9 remains were abandoned for disposition under Section
10 3-3034 of the Counties Code. The only human remains that
11 may be delivered to the Treasurer under this Act and that
12 the Treasurer may receive are those that are reported and
13 delivered as contents of a safe deposit box.
14 (5) If medals awarded to U.S. military personnel are
15 delivered to the Treasurer under this Act, the Treasurer
16 shall not offer those medals for sale or at public auction.
17 The only medals that may be delivered to the Treasurer
18 under this Act and that the Treasurer may receive are those
19 that are reported and delivered as contents of a safe
20 deposit box. Medals shall only be returned to the owner of
21 the safe deposit box containing the medals or the heirs of
22 that owner. This paragraph (5) may be referred to as
23 Operation Search and Restore.
24 (6) Property that may have been used in the commission
25 of a crime or that may assist in the investigation of a
26 crime, as determined after consulting standards developed

HB0321- 39 -LRB101 04001 HLH 49009 b
1 by the Department of State Police, shall be delivered to
2 the Department of State Police or other appropriate law
3 enforcement authority to allow law enforcement to
4 determine whether a criminal investigation should take
5 place. Any such property delivered to a law enforcement
6 authority shall be held in accordance with existing
7 statutes and rules related to the gathering, retention, and
8 release of evidence.
9 (b) Any sale held under this Section, except a sale of
10securities or commodities, shall be preceded by a single
11publication of notice thereof, at least 3 weeks in advance of
12sale in an English language newspaper of general circulation in
13the county where the property is to be sold. When property
14fails to sell and is offered again at a subsequent sale, no
15additional notice is required for the subsequent sale.
16 (c) The purchaser at any sale conducted by the State
17Treasurer pursuant to this Act shall receive title to the
18property purchased, free from all claims of the owner or prior
19holder thereof and of all persons claiming through or under
20them. The State Treasurer shall execute all documents necessary
21to complete the transfer of title.
22 (d) The Office of the State Treasurer is not liable for any
23reduction in the value of property caused by changing market
24conditions.
25(Source: P.A. 95-829, eff. 8-14-08; 96-440, eff. 1-1-10.)

HB0321- 40 -LRB101 04001 HLH 49009 b
1 (765 ILCS 1025/18) (from Ch. 141, par. 118)
2 Sec. 18. Deposit of funds received under the Act.
3 (a) The State Treasurer shall retain all funds received
4under this Act, including the proceeds from the sale of
5abandoned property under Section 17, in a trust fund known as
6the Unclaimed Property Trust Fund. The State Treasurer may
7deposit any amount in the Unclaimed Property Trust Fund into
8the State Pensions Fund during the fiscal year at his or her
9discretion; however, he or she shall, on April 15 and October
1015 of each year, deposit any amount in the Unclaimed Property
11Trust Fund exceeding $2,500,000 into the State Pensions Fund.
12If on either April 15 or October 15, the State Treasurer
13determines that a balance of $2,500,000 is insufficient for the
14prompt payment of unclaimed property claims authorized under
15this Act, the Treasurer may retain more than $2,500,000 in the
16Unclaimed Property Trust Fund in order to ensure the prompt
17payment of claims. Beginning in State fiscal year 2019, all
18amounts that are deposited into the State Pensions Fund from
19the Unclaimed Property Trust Fund shall be apportioned to the
20designated retirement systems as provided in subsection (c-6)
21of Section 8.12 of the State Finance Act to reduce their
22actuarial reserve deficiencies. He or she shall make prompt
23payment of claims he or she duly allows as provided for in this
24Act for the Unclaimed Property Trust Fund. Before making the
25deposit the State Treasurer shall record the name and last
26known address of each person appearing from the holders'

HB0321- 41 -LRB101 04001 HLH 49009 b
1reports to be entitled to the abandoned property. The record
2shall be available for public inspection during reasonable
3business hours.
4 (b) Before making any deposit to the credit of the State
5Pensions Fund, the State Treasurer may deduct: (1) any costs in
6connection with sale of abandoned property, (2) any costs of
7mailing and publication in connection with any abandoned
8property, and (3) any costs in connection with the maintenance
9of records or disposition of claims made pursuant to this Act.
10The State Treasurer shall semiannually file an itemized report
11of all such expenses with the Legislative Audit Commission.
12(Source: P.A. 99-8, eff. 7-9-15; 99-523, eff. 6-30-16; 100-23,
13eff. 7-6-17.)
14 (765 ILCS 1025/19) (from Ch. 141, par. 119)
15 Sec. 19. Any person claiming an interest in any property
16delivered to the State under this Act may file a claim thereto
17or to the proceeds from the sale thereof on the form prescribed
18by the State Treasurer.
19(Source: P.A. 91-16, eff. 7-1-99.)
20 (765 ILCS 1025/19.5)
21 Sec. 19.5. Tax return identification of apparent owners of
22abandoned property.
23 (a) At least annually the State Treasurer shall notify the
24Department of Revenue of the names of persons appearing to be

HB0321- 42 -LRB101 04001 HLH 49009 b
1owners of abandoned property held by the State Treasurer. The
2State Treasurer shall also provide to the Department of Revenue
3the social security numbers of such persons, if available.
4 (b) The Department of Revenue shall notify the State
5Treasurer if any person under subsection (a) has filed an
6Illinois income tax return and shall provide the State
7Treasurer with the last known address of the person as it
8appears in Department of Revenue records, except as prohibited
9by federal law. The Department shall also provide any
10additional addresses for the same taxpayer from the records of
11the Department, except as prohibited by federal law.
12 (c) In order to facilitate the return of property under
13this Section, the State Treasurer and the Department of Revenue
14may enter into an interagency agreement concerning protection
15of confidential information, data match rules, and other
16issues.
17 (d) The State Treasurer may deliver, as provided under
18Section 20 of this Act, property or pay the amount owing to a
19person matched under this Section without the person filing a
20claim under Section 19 of this Act if the following conditions
21are met:
22 (1) the value of the property that is owed the person
23 is $2,000 or less;
24 (2) the property is not either tangible property or
25 securities;
26 (3) the last known address for the person according to

HB0321- 43 -LRB101 04001 HLH 49009 b
1 the Department of Revenue records is less than 12 months
2 old; and
3 (4) the State Treasurer has evidence sufficient to
4 establish that the person who appears in Department of
5 Revenue records is the owner of the property and the owner
6 currently resides at the last known address from the
7 Department of Revenue.
8 The State Treasurer may use additional databases to verify
9the identity of the person and that the person currently
10resides at the last known address.
11 (e) If the property owed to a person matched under this
12Section has a value of greater than $2,000 or is tangible
13property or securities, then the State Treasurer shall provide
14notice to the person informing the person that he or she is the
15owner of abandoned or unclaimed property held by the State and
16may file a claim with the State Treasurer for return of the
17property.
18(Source: P.A. 100-47, eff. 8-11-17.)
19 (765 ILCS 1025/20) (from Ch. 141, par. 120)
20 (Text of Section before amendment by P.A. 100-543)
21 Sec. 20. Determination of claims.
22 (a) The State Treasurer shall consider any claim filed
23under this Act and may, in his discretion, hold a hearing and
24receive evidence concerning it. Such hearing shall be conducted
25by the State Treasurer or by a hearing officer designated by

HB0321- 44 -LRB101 04001 HLH 49009 b
1him. No hearings shall be held if the payment of the claim is
2ordered by a court, if the claimant is under court
3jurisdiction, or if the claim is paid under Article XXV of the
4Probate Act of 1975. The State Treasurer or hearing officer
5shall prepare a finding and a decision in writing on each
6hearing, stating the substance of any evidence heard by him,
7his findings of fact in respect thereto, and the reasons for
8his decision. The State Treasurer shall review the findings and
9decision of each hearing conducted by a hearing officer and
10issue a final written decision. The final decision shall be a
11public record. Any claim of an interest in property that is
12filed pursuant to this Act shall be considered and a finding
13and decision shall be issued by the Office of the State
14Treasurer in a timely and expeditious manner.
15 (b) If the claim is allowed, and after deducting an amount
16not to exceed $20 to cover the cost of notice publication and
17related clerical expenses, the State Treasurer shall make
18payment forthwith.
19 (c) In order to carry out the purpose of this Act, no
20person or company shall be entitled to a fee for discovering
21presumptively abandoned property until it has been in the
22custody of the Unclaimed Property Division of the Office of the
23State Treasurer for at least 24 months. Fees for discovering
24property that has been in the custody of that division for more
25than 24 months shall be limited to not more than 10% of the
26amount collected.

HB0321- 45 -LRB101 04001 HLH 49009 b
1 (d) A person or company attempting to collect a contingent
2fee for discovering, on behalf of an owner, presumptively
3abandoned property must be licensed as a private detective
4pursuant to the Private Detective, Private Alarm, Private
5Security, Fingerprint Vendor, and Locksmith Act of 2004.
6 (e) This Section shall not apply to the fees of an attorney
7at law duly appointed to practice in a state of the United
8States who is employed by a claimant with regard to probate
9matters on a contractual basis.
10 (f) Any person or company offering to identify, discover,
11or collect presumptively abandoned property or property which
12may become presumptively abandoned on behalf of the putative
13owner of such property in exchange for a fee, must provide the
14owner with a written disclosure. The disclosure shall be set
15forth in a clear and conspicuous manner and at a minimum shall
16state the following:
17 Each state maintains an office of unclaimed property.
18 Generally, if for a number of years an owner of property
19 has not communicated directly with the holder of the
20 property, and has not otherwise indicated an interest in or
21 claimed the property, the property will be delivered to a
22 state administered unclaimed property program. Upon such
23 delivery, the owner will be able to recover the property
24 from the state administered program without charge by the
25 state. The unclaimed asset referred to in this Agreement
26 has not yet been reported or remitted to any state

HB0321- 46 -LRB101 04001 HLH 49009 b
1 unclaimed property office. Since you reside (or resided) in
2 Illinois, you may obtain information about the Illinois
3 unclaimed property program by logging onto its website at
4 www.treasurer.il.gov.
5 A person or company may not charge a fee greater than
6 25% of the property's value for the recovery of that
7 property where the property is not yet reportable under
8 this Act and the designated owner of that property, as
9 reflected within the books and records of the holder, is
10 living.
11 A person or company may not charge a fee greater than
12 33% of the property's value for the recovery of that
13 property where the property is not yet reportable under
14 this Act and the recovery of that property involves
15 documentation of the owner's death or any elements of
16 estate or trust administration.
17(Source: P.A. 95-613, eff. 9-11-07; 95-1003, eff. 6-1-09.)
18 (Text of Section after amendment by P.A. 100-543)
19 Sec. 20. Determination of claims.
20 (a) The State Treasurer shall consider any claim filed
21under this Act and may, in his discretion, hold a hearing and
22receive evidence concerning it. Such hearing shall be conducted
23by the State Treasurer or by a hearing officer designated by
24him. No hearings shall be held if the payment of the claim is
25ordered by a court, if the claimant is under court

HB0321- 47 -LRB101 04001 HLH 49009 b
1jurisdiction, or if the claim is paid under Article XXV of the
2Probate Act of 1975. The State Treasurer or hearing officer
3shall prepare a finding and a decision in writing on each
4hearing, stating the substance of any evidence heard by him,
5his findings of fact in respect thereto, and the reasons for
6his decision. The State Treasurer shall review the findings and
7decision of each hearing conducted by a hearing officer and
8issue a final written decision. The final decision shall be a
9public record. Any claim of an interest in property that is
10filed pursuant to this Act shall be considered and a finding
11and decision shall be issued by the Office of the State
12Treasurer in a timely and expeditious manner.
13 (b) If the claim is allowed, the State Treasurer shall make
14payment forthwith.
15 (c) In order to carry out the purpose of this Act, no
16person or company shall be entitled to a fee for discovering
17presumptively abandoned property during the period beginning
18on the date the property was presumed abandoned under this Act
19and ending 24 months after the payment or delivery of the
20property to the Unclaimed Property Division of the Office of
21the State Treasurer. Fees for discovering property that has
22been in the custody of that division for more than 24 months
23shall be limited to not more than 10% of the amount collected.
24 (d) A person or company attempting to collect a contingent
25fee for discovering, on behalf of an owner, presumptively
26abandoned property must be licensed as a private detective

HB0321- 48 -LRB101 04001 HLH 49009 b
1pursuant to the Private Detective, Private Alarm, Private
2Security, Fingerprint Vendor, and Locksmith Act of 2004.
3 (e) This Section shall not apply to the fees of an attorney
4at law duly appointed to practice in a state of the United
5States who is employed by a claimant with regard to probate
6matters on a contractual basis or to contest a denial of a
7claim for recovery of the property.
8 (f) Any person or company offering to identify, discover,
9or collect property which may become presumptively abandoned on
10behalf of the putative owner of such property in exchange for a
11fee, must provide the owner with a written disclosure. The
12disclosure shall be set forth in a clear and conspicuous manner
13and at a minimum shall state the following:
14 Each state maintains an office of unclaimed property.
15 Generally, if for a number of years an owner of property
16 has not communicated directly with the holder of the
17 property, and has not otherwise indicated an interest in or
18 claimed the property, the property will be delivered to a
19 state administered unclaimed property program. Upon such
20 delivery, the owner will be able to recover the property
21 from the state administered program without charge by the
22 state. The unclaimed asset referred to in this Agreement
23 has not yet been reported or remitted to any state
24 unclaimed property office. Since you reside (or resided) in
25 Illinois, you may obtain information about the Illinois
26 unclaimed property program by logging onto its website at

HB0321- 49 -LRB101 04001 HLH 49009 b
1 www.illinoistreasurer.gov.
2(Source: P.A. 100-543, eff. 1-1-18.)
3 (765 ILCS 1025/21) (from Ch. 141, par. 121)
4 Sec. 21. A final administrative decision of the State
5Treasurer in respect to a claim filed hereunder shall be
6subject to judicial review pursuant to the provisions of the
7Administrative Review Law and the rules adopted pursuant
8thereto. The review action may be instituted by any person
9adversely affected or aggrieved by the decision.
10 The Office of the State Treasurer shall furnish a certified
11transcript of the record to any party of record upon the
12payment of the actual page charge of the record to a commercial
13reporting service for the preparation of the transcript. If no
14hearing was held, the State Treasurer shall deliver a copy of
15his decision stating the reasons upon which the claim was
16denied and deliver it to any party of record within 20 days of
17demand.
18(Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99.)
19 (765 ILCS 1025/22) (from Ch. 141, par. 122)
20 Sec. 22. The State Treasurer, after receiving reports of
21property deemed abandoned pursuant to this Act, may decline to
22receive any property reported which he deems to have a value
23less than the cost of giving notice and holding sale, or he
24may, if he deems it desirable because of the small sum

HB0321- 50 -LRB101 04001 HLH 49009 b
1involved, postpone taking possession until a sufficient sum has
2accumulated. Unless the holder of the property is notified to
3the contrary within 120 days after filing the report required
4under Section 11, the State Treasurer shall be deemed to have
5elected to receive the custody of the property.
6(Source: P.A. 91-16, eff. 7-1-99.)
7 (765 ILCS 1025/23) (from Ch. 141, par. 123)
8 Sec. 23. (a) If the State Treasurer has reason to believe
9that any person has failed to report property in accordance
10with this Act, he may make a demand by certified mail, return
11receipt requested, that such report be made and filed with the
12State Treasurer. The report of abandoned property or any other
13report required shall be made and filed with the State
14Treasurer within 30 days after receipt of the demand.
15 (b) The State may at reasonable times and upon reasonable
16notice examine the records of any person if the State Treasurer
17has reason to believe that such person has failed to report
18property that should have been reported pursuant to this Act.
19Upon the direction of the State Treasurer to do so, the Office
20of Banks and Real Estate shall, on behalf of the State, conduct
21the examination of the records of any person who is regulated
22by the Office of Banks and Real Estate under the Illinois
23Banking Act, the Corporate Fiduciary Act, the Foreign Banking
24Office Act, the Illinois Savings and Loan Act of 1985, or the
25Savings Bank Act. Upon direction of the State Treasurer to do

HB0321- 51 -LRB101 04001 HLH 49009 b
1so, the Department of Financial Institutions shall, on behalf
2of the State, conduct the examination of the records of any
3person doing business in the State under the supervision of the
4Department of Financial Institutions, the National Credit
5Union Administration, the Office of Thrift Supervision, or the
6Comptroller of the Currency. The Office of Banks and Real
7Estate and the Department of Financial Institutions shall
8conduct all examinations during the next regular examination of
9the person, unless the State Treasurer has reason to believe
10that an accelerated examination schedule is required to protect
11the State's interest, in which case the examination must be
12conducted within 90 days of the State Treasurer's direction to
13do so. The Office of Banks and Real Estate and the Department
14of Financial Institutions may contract with third parties to
15ensure that the examinations are commenced in a timely manner.
16The Department of Financial Institutions and the Office of
17Banks and Real Estate shall report the results of all
18examinations that are undertaken at the direction of the State
19Treasurer under this Act, which may include confidential
20information, to the State Treasurer in a timely manner and,
21upon the request of the Treasurer, shall assist in the
22evaluation of the examinations. All examinations that are not
23performed by the Office of Banks and Real Estate or the
24Department of Financial Institutions shall be performed by the
25State Treasurer.
26 (c) The actual cost of any examination or investigation

HB0321- 52 -LRB101 04001 HLH 49009 b
1incurred by the State in administering any provision of this
2Act shall be borne by the holder examined or investigated if:
3 (1) a written demand for a report has been made and the
4 report has not been properly filed within the time period
5 specified in this Section, or
6 (2) a report has been received and additional property
7 reportable under the Act is discovered by such examination
8 or investigation.
9 No holder shall be liable to pay more than an amount equal
10to the amount of reportable property discovered by such
11investigation as a cost of examination or investigation.
12 (d) For all holders other than a trust division, a trust
13department, a trust company, or an affiliate of any of them,
14subsection (c) does not apply to any examination commenced
15after the effective date of this amendatory Act of 1993. As of
16January 1, 1998, subsection (c) does not apply to an
17examination of a trust division or trust department or a trust
18company, or affiliate of any of the foregoing that provides
19nondealer corporate custodial services for securities or
20securities transactions, organized under the laws of this or
21another state or the United States unless the Department of
22Financial Institutions has commenced, but not finalized, an
23examination of the holder as of that date and the property is
24included in a final examination report for the period covered
25by the examination.
26(Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99.)

HB0321- 53 -LRB101 04001 HLH 49009 b
1 (765 ILCS 1025/23.5)
2 Sec. 23.5. Notice of deficiency; time; effect.
3 (a) The State Treasurer shall issue a Notice of Deficiency
4to a holder or direct the commencement of an examination of a
5holder with respect to a report required under this Act within
65 years after the report is filed. A Notice of Deficiency shall
7specify the additional amounts, if known, purportedly
8reportable under this Act or state that those amounts are
9unknown. If the State Treasurer fails to issue a Notice of
10Deficiency or direct the commencement of an examination within
11the time required by this Section, the Office of the State
12Treasurer may not thereafter issue a Notice of Deficiency,
13otherwise assert a deficiency, or seek any other charge or
14remedy under this Act with respect to that report.
15 (b) This Section does not apply to a holder that is a trust
16division or trust department or a trust company, or affiliate
17of any of the foregoing that provides nondealer corporate
18custodial services for securities or securities transactions,
19organized under the laws of this or another state or the United
20States.
21 As of January 1, 1998, this subsection shall not be
22applicable unless the Department of Financial Institutions has
23commenced, but not finalized, an examination of the holder as
24of that date and the property is included in a final
25examination report for the period covered by the examination.

HB0321- 54 -LRB101 04001 HLH 49009 b
1(Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99.)
2 (765 ILCS 1025/24) (from Ch. 141, par. 124)
3 Sec. 24. Enforcement of delivery. If any person refuses to
4deliver property to the State Treasurer as required under this
5Act, the State Treasurer may bring an action in the name of the
6State in the circuit court or any federal court to enforce
7delivery.
8(Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99.)
9 (765 ILCS 1025/24.5)
10 Sec. 24.5. Contingency fees. The State may not enter into a
11contract with a person to conduct an examination of a holder
12located within the State of Illinois under which the State
13agrees to pay such person a fee based upon a percentage of the
14property recovered for the State of Illinois. Nothing in this
15Section prohibits the Office of the State Treasurer from
16entering into contracts with persons to examine holders located
17outside the State of Illinois under which the Office of the
18State Treasurer agrees to pay such persons based upon a
19percentage of the property recovered for the State of Illinois.
20(Source: P.A. 91-16, eff. 7-1-99.)
21 (765 ILCS 1025/25) (from Ch. 141, par. 125)
22 Sec. 25. (a) Any person who fails to render any report or
23perform other duties required under this Act, is guilty of a

HB0321- 55 -LRB101 04001 HLH 49009 b
1business offense and fined not more than $500. Each day such
2report is withheld or the duties are not performed constitutes
3a separate offense.
4 (b) Any person who wilfully refuses to pay or deliver
5abandoned property to the State Treasurer as required under
6this Act shall be guilty of a Class B misdemeanor. Each day the
7violation continues is a separate offense.
8(Source: P.A. 91-16, eff. 7-1-99.)
9 (765 ILCS 1025/25.5)
10 Sec. 25.5. Administrative charges, fees, and interest
11charges.
12 (a) The State Treasurer may charge a holder that files an
13unclaimed property report after the due date, as determined by
14the State Treasurer, the lesser of $100 or $1 for each day the
15report remains overdue.
16 (b) The State Treasurer may charge a holder that fails to
17timely perform due diligence, as required by this Act, $5 for
18each name and address account reported if 35% or more of the
19accounts are claimed within the 24 months immediately following
20the filing of the holder's annual report.
21 (c) A holder who remits unclaimed property that is past due
22or fails to remit unclaimed property pursuant to an examination
23by the State, may be charged based on the value of the property
24the greater of 1% per month or an annualized rate that is 3
25percentage points above the prime rate as published in the Wall

HB0321- 56 -LRB101 04001 HLH 49009 b
1Street Journal on the first business day of the month in which
2the property was remitted. If the property remains past due for
3more than 12 months, the interest rate for each succeeding year
4shall be calculated at the greater of an annual rate of 12% or
53 percentage points above the prime rate. The prime rate
6applied shall be as published on the first business day of
7January of that successive year.
8 (d) The State Treasurer may grant an extension of time to
9any holder to report or remit when the holder submits a written
10request for an extension before the date a report or remittance
11is due.
12 (e) Whenever the State Treasurer charges a holder or
13assesses a fee provided for in this Section, he shall serve
14notice upon the holder by personal service or by delivering the
15notice by certified mail, return receipt required, through the
16United States Postal Service to the holder.
17 (f) A holder may contest a charge or other fee issued by
18the State Treasurer by requesting in writing an administrative
19hearing within 15 business days of the receipt of the State
20Treasurer's notice of the charge or fee. The hearing shall be
21held at a time and place designated by the State Treasurer.
22 (g) The State Treasurer's finding subjecting a holder to a
23charge or other fee shall become a final order under the
24Administrative Review Law upon the failure of the holder to
25demand a hearing within 15 business days.
26 (h) If a hearing is held, the State Treasurer shall issue

HB0321- 57 -LRB101 04001 HLH 49009 b
1an order affirming, modifying, or overruling the charge or
2other fee. The order shall be a final order under the
3Administrative Review Law.
4 (i) A holder shall not be charged for failing to remit past
5due unclaimed property pursuant to the State's examination and
6demand for remittance when the holder, in good faith, contests
7all or part of the finding, until a final order reviewing the
8remittance is entered by a hearing officer or the circuit
9court. With regard to contested examinations, the charges,
10fees, or interest shall not accrue during the period from the
11holder's filing of the request for a hearing until the date of
12the final order. However, a holder may be charged for failing
13to remit any undisputed amounts of unclaimed property that are
14not being contested in an administrative hearing or court
15action.
16 (j) The administrative charges, fees, and interest charges
17provided for in this Section shall not apply to property held
18by a trust division or trust department or by a trust company,
19or affiliate of any of the foregoing that provides nondealer
20corporate custodial services for securities or securities
21transactions, organized under the laws of this or another state
22or the United States.
23 As of January 1, 1998, this subsection shall not be
24applicable unless the Department of Financial Institutions has
25commenced, but not finalized, an examination of the holder as
26of that date and the property is included in a final

HB0321- 58 -LRB101 04001 HLH 49009 b
1examination report for the period covered by the examination.
2 (k) In the conduct of a hearing initiated by a holder under
3this Act, the State Treasurer has the power to administer
4oaths, subpoena witnesses, and compel the production of books,
5papers, documents, or records relevant to the hearing under
6this Act.
7 (l) The provisions of this Section apply only to reports
8due and examinations commenced after the effective date of this
9amendatory Act of 1993.
10(Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99.)
11 (765 ILCS 1025/26) (from Ch. 141, par. 126)
12 Sec. 26. The State Treasurer, Director of Financial
13Institutions, and the Commissioner of Banks and Real Estate are
14hereby authorized to make necessary rules and regulations to
15carry out the provisions of this Act.
16(Source: P.A. 91-16, eff. 7-1-99.)
17 (765 ILCS 1025/27) (from Ch. 141, par. 127)
18 Sec. 27. This Act shall not apply to any property, other
19than property covered by Sections 6 and 8 of this Act, as to
20which the presumption of abandonment prescribed by this Act
21occurred prior to August 17, 1946, to any property that has
22been presumed abandoned or escheated under the laws of another
23state prior to August 17, 1961, or to any funds held by any
24annuity, pension or benefit funds created pursuant to the laws

HB0321- 59 -LRB101 04001 HLH 49009 b
1of this State and supported by public revenues.
2(Source: Laws 1963, p. 1805.)
3 (765 ILCS 1025/28) (from Ch. 141, par. 128)
4 Sec. 28. If any provision of this Act or the application
5thereof to any person or circumstances is held invalid, the
6invalidity shall not affect other provisions or applications of
7the Act which can be given effect without the invalid
8provisions or application, and to this end the provisions of
9this Act are severable.
10(Source: Laws 1961, p. 3426.)
11 (765 ILCS 1025/29) (from Ch. 141, par. 129)
12 Sec. 29. This Act shall be so construed as to effectuate
13its general purpose to make uniform the law of those states
14which enact it.
15(Source: Laws 1961, p. 3426.)
16 (765 ILCS 1025/29.5)
17 Sec. 29.5. The provisions of this Act do not apply to
18property and proceedings under the Labor and Storage Lien
19(Small Amount) Act.
20(Source: P.A. 88-435.)
21 (765 ILCS 1025/30) (from Ch. 141, par. 130)
22 Sec. 30. This Act may be cited as the Uniform Disposition

HB0321- 60 -LRB101 04001 HLH 49009 b
1of Unclaimed Property Act.
2(Source: Laws 1961, p. 3426.)
3 (35 ILCS 750/Act rep.)
4 Section 3. The State Tax Lien Registration Act is repealed.
5 (765 ILCS 1026/Act rep.)
6 Section 4. The Revised Uniform Unclaimed Property Act is
7repealed.
8 Section 5. The Illinois Administrative Procedure Act is
9amended by changing Section 1-5 as follows:
10 (5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
11 Sec. 1-5. Applicability.
12 (a) This Act applies to every agency as defined in this
13Act. Beginning January 1, 1978, in case of conflict between the
14provisions of this Act and the Act creating or conferring power
15on an agency, this Act shall control. If, however, an agency
16(or its predecessor in the case of an agency that has been
17consolidated or reorganized) has existing procedures on July 1,
181977, specifically for contested cases or licensing, those
19existing provisions control, except that this exception
20respecting contested cases and licensing does not apply if the
21Act creating or conferring power on the agency adopts by
22express reference the provisions of this Act. Where the Act

HB0321- 61 -LRB101 04001 HLH 49009 b
1creating or conferring power on an agency establishes
2administrative procedures not covered by this Act, those
3procedures shall remain in effect.
4 (b) The provisions of this Act do not apply to (i)
5preliminary hearings, investigations, or practices where no
6final determinations affecting State funding are made by the
7State Board of Education, (ii) legal opinions issued under
8Section 2-3.7 of the School Code, (iii) as to State colleges
9and universities, their disciplinary and grievance
10proceedings, academic irregularity and capricious grading
11proceedings, and admission standards and procedures, and (iv)
12the class specifications for positions and individual position
13descriptions prepared and maintained under the Personnel Code.
14Those class specifications shall, however, be made reasonably
15available to the public for inspection and copying. The
16provisions of this Act do not apply to hearings under Section
1720 of the Uniform Disposition of Unclaimed Property Act.
18 (c) Section 5-35 of this Act relating to procedures for
19rulemaking does not apply to the following:
20 (1) Rules adopted by the Pollution Control Board that,
21 in accordance with Section 7.2 of the Environmental
22 Protection Act, are identical in substance to federal
23 regulations or amendments to those regulations
24 implementing the following: Sections 3001, 3002, 3003,
25 3004, 3005, and 9003 of the Solid Waste Disposal Act;
26 Section 105 of the Comprehensive Environmental Response,

HB0321- 62 -LRB101 04001 HLH 49009 b
1 Compensation, and Liability Act of 1980; Sections 307(b),
2 307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal
3 Water Pollution Control Act; Sections 1412(b), 1414(c),
4 1417(a), 1421, and 1445(a) of the Safe Drinking Water Act;
5 and Section 109 of the Clean Air Act.
6 (2) Rules adopted by the Pollution Control Board that
7 establish or amend standards for the emission of
8 hydrocarbons and carbon monoxide from gasoline powered
9 motor vehicles subject to inspection under the Vehicle
10 Emissions Inspection Law of 2005 or its predecessor laws.
11 (3) Procedural rules adopted by the Pollution Control
12 Board governing requests for exceptions under Section 14.2
13 of the Environmental Protection Act.
14 (4) The Pollution Control Board's grant, pursuant to an
15 adjudicatory determination, of an adjusted standard for
16 persons who can justify an adjustment consistent with
17 subsection (a) of Section 27 of the Environmental
18 Protection Act.
19 (4.5) The Pollution Control Board's adoption of
20 time-limited water quality standards under Section 38.5 of
21 the Environmental Protection Act.
22 (5) Rules adopted by the Pollution Control Board that
23 are identical in substance to the regulations adopted by
24 the Office of the State Fire Marshal under clause (ii) of
25 paragraph (b) of subsection (3) of Section 2 of the
26 Gasoline Storage Act.

HB0321- 63 -LRB101 04001 HLH 49009 b
1 (d) Pay rates established under Section 8a of the Personnel
2Code shall be amended or repealed pursuant to the process set
3forth in Section 5-50 within 30 days after it becomes necessary
4to do so due to a conflict between the rates and the terms of a
5collective bargaining agreement covering the compensation of
6an employee subject to that Code.
7 (e) Section 10-45 of this Act shall not apply to any
8hearing, proceeding, or investigation conducted under Section
913-515 of the Public Utilities Act.
10 (f) Article 10 of this Act does not apply to any hearing,
11proceeding, or investigation conducted by the State Council for
12the State of Illinois created under Section 3-3-11.05 of the
13Unified Code of Corrections or by the Interstate Commission for
14Adult Offender Supervision created under the Interstate
15Compact for Adult Offender Supervision or by the Interstate
16Commission for Juveniles created under the Interstate Compact
17for Juveniles.
18 (g) This Act is subject to the provisions of Article XXI of
19the Public Utilities Act. To the extent that any provision of
20this Act conflicts with the provisions of that Article XXI, the
21provisions of that Article XXI control.
22(Source: P.A. 99-937, eff. 2-24-17; 100-22, eff. 1-1-18.)
23 Section 10. The Freedom of Information Act is amended by
24changing Section 7.5 as follows:

HB0321- 64 -LRB101 04001 HLH 49009 b
1 (5 ILCS 140/7.5)
2 Sec. 7.5. Statutory exemptions. To the extent provided for
3by the statutes referenced below, the following shall be exempt
4from inspection and copying:
5 (a) All information determined to be confidential
6 under Section 4002 of the Technology Advancement and
7 Development Act.
8 (b) Library circulation and order records identifying
9 library users with specific materials under the Library
10 Records Confidentiality Act.
11 (c) Applications, related documents, and medical
12 records received by the Experimental Organ Transplantation
13 Procedures Board and any and all documents or other records
14 prepared by the Experimental Organ Transplantation
15 Procedures Board or its staff relating to applications it
16 has received.
17 (d) Information and records held by the Department of
18 Public Health and its authorized representatives relating
19 to known or suspected cases of sexually transmissible
20 disease or any information the disclosure of which is
21 restricted under the Illinois Sexually Transmissible
22 Disease Control Act.
23 (e) Information the disclosure of which is exempted
24 under Section 30 of the Radon Industry Licensing Act.
25 (f) Firm performance evaluations under Section 55 of
26 the Architectural, Engineering, and Land Surveying

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1 Qualifications Based Selection Act.
2 (g) Information the disclosure of which is restricted
3 and exempted under Section 50 of the Illinois Prepaid
4 Tuition Act.
5 (h) Information the disclosure of which is exempted
6 under the State Officials and Employees Ethics Act, and
7 records of any lawfully created State or local inspector
8 general's office that would be exempt if created or
9 obtained by an Executive Inspector General's office under
10 that Act.
11 (i) Information contained in a local emergency energy
12 plan submitted to a municipality in accordance with a local
13 emergency energy plan ordinance that is adopted under
14 Section 11-21.5-5 of the Illinois Municipal Code.
15 (j) Information and data concerning the distribution
16 of surcharge moneys collected and remitted by carriers
17 under the Emergency Telephone System Act.
18 (k) Law enforcement officer identification information
19 or driver identification information compiled by a law
20 enforcement agency or the Department of Transportation
21 under Section 11-212 of the Illinois Vehicle Code.
22 (l) Records and information provided to a residential
23 health care facility resident sexual assault and death
24 review team or the Executive Council under the Abuse
25 Prevention Review Team Act.
26 (m) Information provided to the predatory lending

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1 database created pursuant to Article 3 of the Residential
2 Real Property Disclosure Act, except to the extent
3 authorized under that Article.
4 (n) Defense budgets and petitions for certification of
5 compensation and expenses for court appointed trial
6 counsel as provided under Sections 10 and 15 of the Capital
7 Crimes Litigation Act. This subsection (n) shall apply
8 until the conclusion of the trial of the case, even if the
9 prosecution chooses not to pursue the death penalty prior
10 to trial or sentencing.
11 (o) Information that is prohibited from being
12 disclosed under Section 4 of the Illinois Health and
13 Hazardous Substances Registry Act.
14 (p) Security portions of system safety program plans,
15 investigation reports, surveys, schedules, lists, data, or
16 information compiled, collected, or prepared by or for the
17 Regional Transportation Authority under Section 2.11 of
18 the Regional Transportation Authority Act or the St. Clair
19 County Transit District under the Bi-State Transit Safety
20 Act.
21 (q) Information prohibited from being disclosed by the
22 Personnel Record Records Review Act.
23 (r) Information prohibited from being disclosed by the
24 Illinois School Student Records Act.
25 (s) Information the disclosure of which is restricted
26 under Section 5-108 of the Public Utilities Act.

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1 (t) All identified or deidentified health information
2 in the form of health data or medical records contained in,
3 stored in, submitted to, transferred by, or released from
4 the Illinois Health Information Exchange, and identified
5 or deidentified health information in the form of health
6 data and medical records of the Illinois Health Information
7 Exchange in the possession of the Illinois Health
8 Information Exchange Authority due to its administration
9 of the Illinois Health Information Exchange. The terms
10 "identified" and "deidentified" shall be given the same
11 meaning as in the Health Insurance Portability and
12 Accountability Act of 1996, Public Law 104-191, or any
13 subsequent amendments thereto, and any regulations
14 promulgated thereunder.
15 (u) Records and information provided to an independent
16 team of experts under the Developmental Disability and
17 Mental Health Safety Act (also known as Brian's Law).
18 (v) Names and information of people who have applied
19 for or received Firearm Owner's Identification Cards under
20 the Firearm Owners Identification Card Act or applied for
21 or received a concealed carry license under the Firearm
22 Concealed Carry Act, unless otherwise authorized by the
23 Firearm Concealed Carry Act; and databases under the
24 Firearm Concealed Carry Act, records of the Concealed Carry
25 Licensing Review Board under the Firearm Concealed Carry
26 Act, and law enforcement agency objections under the

HB0321- 68 -LRB101 04001 HLH 49009 b
1 Firearm Concealed Carry Act.
2 (w) Personally identifiable information which is
3 exempted from disclosure under subsection (g) of Section
4 19.1 of the Toll Highway Act.
5 (x) Information which is exempted from disclosure
6 under Section 5-1014.3 of the Counties Code or Section
7 8-11-21 of the Illinois Municipal Code.
8 (y) Confidential information under the Adult
9 Protective Services Act and its predecessor enabling
10 statute, the Elder Abuse and Neglect Act, including
11 information about the identity and administrative finding
12 against any caregiver of a verified and substantiated
13 decision of abuse, neglect, or financial exploitation of an
14 eligible adult maintained in the Registry established
15 under Section 7.5 of the Adult Protective Services Act.
16 (z) Records and information provided to a fatality
17 review team or the Illinois Fatality Review Team Advisory
18 Council under Section 15 of the Adult Protective Services
19 Act.
20 (aa) Information which is exempted from disclosure
21 under Section 2.37 of the Wildlife Code.
22 (bb) Information which is or was prohibited from
23 disclosure by the Juvenile Court Act of 1987.
24 (cc) Recordings made under the Law Enforcement
25 Officer-Worn Body Camera Act, except to the extent
26 authorized under that Act.

HB0321- 69 -LRB101 04001 HLH 49009 b
1 (dd) Information that is prohibited from being
2 disclosed under Section 45 of the Condominium and Common
3 Interest Community Ombudsperson Act.
4 (ee) Information that is exempted from disclosure
5 under Section 30.1 of the Pharmacy Practice Act.
6 (ff) (Blank). Information that is exempted from
7 disclosure under the Revised Uniform Unclaimed Property
8 Act.
9 (gg) Information that is prohibited from being
10 disclosed under Section 7-603.5 of the Illinois Vehicle
11 Code.
12 (hh) Records that are exempt from disclosure under
13 Section 1A-16.7 of the Election Code.
14 (ii) Information which is exempted from disclosure
15 under Section 2505-800 of the Department of Revenue Law of
16 the Civil Administrative Code of Illinois.
17 (jj) Information and reports that are required to be
18 submitted to the Department of Labor by registering day and
19 temporary labor service agencies but are exempt from
20 disclosure under subsection (a-1) of Section 45 of the Day
21 and Temporary Labor Services Act.
22 (kk) Information prohibited from disclosure under the
23 Seizure and Forfeiture Reporting Act.
24 (ll) Information the disclosure of which is restricted
25 and exempted under Section 5-30.8 of the Illinois Public
26 Aid Code.

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1 (mm) (ll) Records that are exempt from disclosure under
2 Section 4.2 of the Crime Victims Compensation Act.
3 (nn) (ll) Information that is exempt from disclosure
4 under Section 70 of the Higher Education Student Assistance
5 Act.
6(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
7eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
899-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
9100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
108-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
11eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
12100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
1310-12-18.)
14 Section 15. The State Comptroller Act is amended by
15changing Section 9 as follows:
16 (15 ILCS 405/9) (from Ch. 15, par. 209)
17 Sec. 9. Warrants; vouchers; preaudit.
18 (a) No payment may be made from public funds held by the
19State Treasurer in or outside of the State treasury, except by
20warrant drawn by the Comptroller and presented by him to the
21treasurer to be countersigned except for payments made pursuant
22to Section 9.03 or 9.05 of this Act.
23 (b) No warrant for the payment of money by the State
24Treasurer may be drawn by the Comptroller without the

HB0321- 71 -LRB101 04001 HLH 49009 b
1presentation of itemized vouchers indicating that the
2obligation or expenditure is pursuant to law and authorized,
3and authorizing the Comptroller to order payment.
4 (b-1) An itemized voucher for under $5 that is presented to
5the Comptroller for payment shall not be paid except through
6electronic funds transfer. This subsection (b-1) does not apply
7to (i) vouchers presented by the legislative branch of State
8government, (ii) vouchers presented by the State Treasurer's
9Office for the payment of unclaimed property claims authorized
10under the Revised Uniform Disposition of Unclaimed Property
11Act, or (iii) vouchers presented by the Department of Revenue
12for the payment of refunds of taxes administered by the
13Department.
14 (c) The Comptroller shall examine each voucher required by
15law to be filed with him and determine whether unencumbered
16appropriations or unencumbered obligational or expenditure
17authority other than by appropriation are legally available to
18incur the obligation or to make the expenditure of public
19funds. If he determines that unencumbered appropriations or
20other obligational or expenditure authority are not available
21from which to incur the obligation or make the expenditure, the
22Comptroller shall refuse to draw a warrant.
23 (d) The Comptroller shall examine each voucher and all
24other documentation required to accompany the voucher, and
25shall ascertain whether the voucher and documentation meet all
26requirements established by or pursuant to law. If the

HB0321- 72 -LRB101 04001 HLH 49009 b
1Comptroller determines that the voucher and documentation do
2not meet applicable requirements established by or pursuant to
3law, he shall refuse to draw a warrant. As used in this
4Section, "requirements established by or pursuant to law"
5includes statutory enactments and requirements established by
6rules and regulations adopted pursuant to this Act.
7 (e) Prior to drawing a warrant, the Comptroller may review
8the voucher, any documentation accompanying the voucher, and
9any other documentation related to the transaction on file with
10him, and determine if the transaction is in accordance with the
11law. If based on his review the Comptroller has reason to
12believe that such transaction is not in accordance with the
13law, he shall refuse to draw a warrant.
14 (f) Where the Comptroller refuses to draw a warrant
15pursuant to this Section, he shall maintain separate records of
16such transactions.
17 (g) State agencies shall have the principal responsibility
18for the preaudit of their encumbrances, expenditures, and other
19transactions as otherwise required by law.
20(Source: P.A. 100-22, eff. 1-1-18.)
21 Section 20. The State Treasurer Act is amended by changing
22Sections 0.02, 0.03, 0.04, 0.05, and 0.06 as follows:
23 (15 ILCS 505/0.02)
24 Sec. 0.02. Transfer of powers. The rights, powers, duties,

HB0321- 73 -LRB101 04001 HLH 49009 b
1and functions vested in the Department of Financial
2Institutions to administer the Uniform Disposition of
3Unclaimed Property Act (superseded by the Revised Uniform
4Unclaimed Property Act) are transferred to the State Treasurer
5on July 1, 1999; provided, however, that the rights, powers,
6duties, and functions involving the examination of the records
7of any person that the State Treasurer has reason to believe
8has failed to report properly under this Act shall be
9transferred to the Office of Banks and Real Estate if the
10person is regulated by the Office of Banks and Real Estate
11under the Illinois Banking Act, the Corporate Fiduciary Act,
12the Foreign Banking Office Act, the Illinois Savings and Loan
13Act of 1985, or the Savings Bank Act and shall be retained by
14the Department of Financial Institutions if the person is doing
15business in the State under the supervision of the Department
16of Financial Institutions, the National Credit Union
17Administration, the Office of Thrift Supervision, or the
18Comptroller of the Currency.
19(Source: P.A. 100-22, eff. 1-1-18.)
20 (15 ILCS 505/0.03)
21 Sec. 0.03. Transfer of personnel.
22 (a) Except as provided in subsection (b), personnel
23employed by the Department of Financial Institutions on June
2430, 1999 to perform duties pertaining to the administration of
25the Uniform Disposition of Unclaimed Property Act (superseded

HB0321- 74 -LRB101 04001 HLH 49009 b
1by the Revised Uniform Unclaimed Property Act) are transferred
2to the State Treasurer on July 1, 1999.
3 (b) In the case of a person employed by the Department of
4Financial Institutions to perform both duties pertaining to the
5administration of the Uniform Disposition of Unclaimed
6Property Act (superseded by the Revised Uniform Unclaimed
7Property Act) and duties pertaining to a function retained by
8the Department of Financial Institutions, the State Treasurer,
9in consultation with the Director of Financial Institutions,
10shall determine whether to transfer the employee to the Office
11of the State Treasurer; until this determination has been made,
12the transfer shall not take effect.
13 (c) The rights of State employees, the State, and its
14agencies under the Personnel Code and applicable collective
15bargaining agreements and retirement plans are not affected by
16this amendatory Act of 1999, except that all positions
17transferred to the State Treasurer shall be subject to the
18State Treasurer Employment Code effective July 1, 2000.
19 All transferred employees who are members of collective
20bargaining units shall retain their seniority, continuous
21service, salary, and accrued benefits. During the pendency of
22the existing collective bargaining agreement, the rights
23provided for under that agreement and memoranda and supplements
24to that agreement, including but not limited to, the rights of
25employees performing duties pertaining to the administration
26of the Uniform Disposition of Unclaimed Property Act

HB0321- 75 -LRB101 04001 HLH 49009 b
1(superseded by the Revised Uniform Unclaimed Property Act) to
2positions in other State agencies and the right of employees in
3other State agencies covered by the agreement to positions
4performing duties pertaining to the administration of the
5Uniform Disposition of Unclaimed Property Act (superseded by
6the Revised Uniform Unclaimed Property Act), shall not be
7abridged.
8 The State Treasurer shall continue to honor during their
9pendency all bargaining agreements in effect at the time of the
10transfer and to recognize all collective bargaining
11representatives for the employees who perform or will perform
12functions transferred by this amendatory Act of 1999. For all
13purposes with respect to the management of the existing
14agreement and the negotiation and management of any successor
15agreements, the State Treasurer shall be deemed to be the
16employer of employees who perform or will perform functions
17transferred to the Office of the State Treasurer by this
18amendatory Act of 1999; provided that the Illinois Department
19of Central Management Services shall be a party to any
20grievance or arbitration proceeding held pursuant to the
21provisions of the collective bargaining agreement which
22involves the movement of employees from the Office of the State
23Treasurer to an agency under the jurisdiction of the Governor
24covered by the agreement.
25(Source: P.A. 100-22, eff. 1-1-18.)

HB0321- 76 -LRB101 04001 HLH 49009 b
1 (15 ILCS 505/0.04)
2 Sec. 0.04. Transfer of property.
3 (a) Except as provided in subsection (b), all real and
4personal property, including but not limited to all books,
5records, and documents, and all unexpended appropriations and
6pending business pertaining to the administration of the
7Uniform Disposition of Unclaimed Property Act (superseded by
8the Revised Uniform Unclaimed Property Act) shall be
9transferred and delivered to the State Treasurer effective July
101, 1999.
11 (b) In the case of books, records, or documents that
12pertain both to the administration of the Uniform Disposition
13of Unclaimed Property Act (superseded by the Revised Uniform
14Unclaimed Property Act) and to a function retained by the
15Department of Financial Institutions, the State Treasurer, in
16consultation with the Director of Financial Institutions,
17shall determine whether the books, records, or documents shall
18be transferred, copied, or left with the Department of
19Financial Institutions; until this determination has been
20made, the transfer shall not take effect.
21 In the case of property or an unexpended appropriation that
22pertains both to the administration of the Uniform Disposition
23of Unclaimed Property Act (superseded by the Revised Uniform
24Unclaimed Property Act) and to a function retained by the
25Department of Financial Institutions, the State Treasurer, in
26consultation with the Director of Financial Institutions,

HB0321- 77 -LRB101 04001 HLH 49009 b
1shall determine whether the property or unexpended
2appropriation shall be transferred, divided, or left with the
3Department of Financial Institutions; until this determination
4has been made (and, in the case of an unexpended appropriation,
5notice of the determination has been filed with the State
6Comptroller), the transfer shall not take effect.
7(Source: P.A. 100-22, eff. 1-1-18.)
8 (15 ILCS 505/0.05)
9 Sec. 0.05. Rules and standards.
10 (a) The rules and standards of the Department of Financial
11Institutions that are in effect on June 30, 1999 and pertain to
12the administration of the Uniform Disposition of Unclaimed
13Property Act (superseded by the Revised Uniform Unclaimed
14Property Act) shall become the rules and standards of the State
15Treasurer on July 1, 1999 and shall continue in effect until
16amended or repealed by the State Treasurer.
17 (b) Any rules pertaining to the administration of the
18Uniform Disposition of Unclaimed Property Act (superseded by
19the Revised Uniform Unclaimed Property Act) that have been
20proposed by the Department of Financial Institutions but have
21not taken effect or been finally adopted by June 30, 1999 shall
22become proposed rules of the State Treasurer on July 1, 1999,
23and any rulemaking procedures that have already been completed
24by the Department of Financial Institutions need not be
25repeated.

HB0321- 78 -LRB101 04001 HLH 49009 b
1 (c) As soon as practical after July 1, 1999, the State
2Treasurer shall revise and clarify the rules transferred to it
3under this amendatory Act of 1999 to reflect the reorganization
4of rights, powers, duties, and functions effected by this
5amendatory Act of 1999 using the procedures for recodification
6of rules available under the Illinois Administrative Procedure
7Act, except that existing title, part, and section numbering
8for the affected rules may be retained.
9 (d) As soon as practical after July 1, 1999, the Office of
10Banks and Real Estate and the Office of the State Treasurer
11shall jointly promulgate rules to reflect the transfer of
12examination functions to the Office of Banks and Real Estate
13under this amendatory Act of 1999 using the procedures
14available under the Illinois Administrative Procedure Act.
15 (e) As soon as practical after July 1, 1999, the Department
16of Financial Institutions and the Office of the State Treasurer
17shall jointly promulgate rules to reflect the retention of
18examination functions by the Department of Financial
19Institutions under this amendatory Act of 1999 using the
20procedures available under the Illinois Administrative
21Procedure Act.
22(Source: P.A. 100-22, eff. 1-1-18.)
23 (15 ILCS 505/0.06)
24 Sec. 0.06. Savings provisions.
25 (a) The rights, powers, duties, and functions transferred

HB0321- 79 -LRB101 04001 HLH 49009 b
1to the State Treasurer or the Commissioner of Banks and Real
2Estate by this amendatory Act of 1999 shall be vested in and
3exercised by the State Treasurer or the Commissioner of Banks
4and Real Estate subject to the provisions of this amendatory
5Act of 1999. An act done by the State Treasurer or the
6Commissioner of Banks and Real Estate or an officer, employee,
7or agent of the State Treasurer or the Commissioner of Banks
8and Real Estate in the exercise of the transferred rights,
9powers, duties, or functions shall have the same legal effect
10as if done by the Department of Financial Institutions or an
11officer, employee, or agent of the Department of Financial
12Institutions prior to the effective date of this amendatory Act
13of 1999.
14 (b) The transfer of rights, powers, duties, and functions
15to the State Treasurer or the Commissioner of Banks and Real
16Estate under this amendatory Act of 1999 does not invalidate
17any previous action taken by or in respect to the Department of
18Financial Institutions or its officers, employees, or agents.
19References to the Department of Financial Institutions or its
20officers, employees or agents in any document, contract,
21agreement, or law shall, in appropriate contexts, be deemed to
22refer to the State Treasurer or the Commissioner of Banks and
23Real Estate or the officers, employees, or agents of the State
24Treasurer or the Commissioner of Banks and Real Estate.
25 (c) The transfer of rights, powers, duties, and functions
26from the Department of Financial Institutions to the State

HB0321- 80 -LRB101 04001 HLH 49009 b
1Treasurer or the Commissioner of Banks and Real Estate under
2this amendatory Act of 1999 does not affect the rights,
3obligations, or duties of any other person or entity, including
4any civil or criminal penalties applicable thereto, arising out
5of those transferred rights, powers, duties, and functions.
6 (d) With respect to matters that pertain to a right, power,
7duty, or function transferred to the State Treasurer under this
8amendatory Act of 1999:
9 (1) Beginning July 1, 1999, any report or notice that
10 was previously required to be made or given by any person
11 to the Department of Financial Institutions or any of its
12 officers, employees, or agents under the Uniform
13 Disposition of Unclaimed Property Act (superseded by the
14 Revised Uniform Unclaimed Property Act) or rules
15 promulgated pursuant to that Act shall be made or given in
16 the same manner to the State Treasurer or his or her
17 appropriate officer, employee, or agent.
18 (2) Beginning July 1, 1999, any document that was
19 previously required to be furnished or served by any person
20 to or upon the Department of Financial Institutions or any
21 of its officers, employees, or agents under the Uniform
22 Disposition of Unclaimed Property Act (superseded by the
23 Revised Uniform Unclaimed Property Act) or rules
24 promulgated pursuant to that Act shall be furnished or
25 served in the same manner to or upon the State Treasurer or
26 his or her appropriate officer, employee, or agent.

HB0321- 81 -LRB101 04001 HLH 49009 b
1 (e) This amendatory Act of 1999 does not affect any act
2done, ratified, or canceled, any right occurring or
3established, or any action or proceeding had or commenced in an
4administrative, civil, or criminal cause before July 1, 1999.
5Any such action or proceeding that pertains to the Uniform
6Disposition of Unclaimed Property Act (superseded by the
7Revised Uniform Unclaimed Property Act) or rules promulgated
8pursuant to that Act and that is pending on that date may be
9prosecuted, defended, or continued by the State Treasurer.
10(Source: P.A. 100-22, eff. 1-1-18.)
11 Section 25. The Financial Institutions Code is amended by
12changing Sections 7 and 18.1 as follows:
13 (20 ILCS 1205/7) (from Ch. 17, par. 108)
14 Sec. 7. The provisions of "The Illinois Administrative
15Procedure Act", as now or hereafter amended, are hereby
16expressly adopted and incorporated herein as though a part of
17this Act, and shall apply to all administrative rules and
18procedures of the Director and the Department of Financial
19Institutions under this Act, except that the provisions of the
20Administrative Procedure Act regarding contested cases shall
21not apply to actions of the Director under Section 15.1 of "An
22Act in relation to the definition, licensing and regulation of
23community currency exchanges and ambulatory currency
24exchanges, and the operators and employees thereof, and to make

HB0321- 82 -LRB101 04001 HLH 49009 b
1an appropriation therefor, and to provide penalties and
2remedies for the violation thereof", approved June 30, 1943, as
3amended, or Sections 8 and 61 of "The Illinois Credit Union
4Act, or to hearings under Section 20 of the Uniform Disposition
5of Unclaimed Property Act ".
6(Source: P.A. 100-22, eff. 1-1-18.)
7 (20 ILCS 1205/18.1)
8 Sec. 18.1. Transfer of administration of Uniform
9Disposition of Unclaimed Property Act to State Treasurer. The
10rights, powers, duties, and functions vested in the Department
11of Financial Institutions to administer the Uniform
12Disposition of Unclaimed Property Act (superseded by the
13Revised Uniform Unclaimed Property Act) are transferred to the
14State Treasurer on July 1, 1999 in accordance with Sections
150.02 through 0.06 of the State Treasurer Act; provided,
16however, that the rights, powers, duties, and functions
17involving the examination of the records of any person that the
18State Treasurer has reason to believe has failed to report
19properly under this Act shall be transferred to the Office of
20Banks and Real Estate if the person is regulated by the Office
21of Banks and Real Estate under the Illinois Banking Act, the
22Corporate Fiduciary Act, the Foreign Banking Office Act, the
23Illinois Savings and Loan Act of 1985, or the Savings Bank Act
24and shall be retained by the Department of Financial
25Institutions if the person is doing business in the State under

HB0321- 83 -LRB101 04001 HLH 49009 b
1the supervision of the Department of Financial Institutions,
2the National Credit Union Administration, the Office of Thrift
3Supervision, or the Comptroller of the Currency.
4(Source: P.A. 100-22, eff. 1-1-18.)
5 Section 30. The State Finance Act is amended by changing
6Sections 6b-1 and 8.12 as follows:
7 (30 ILCS 105/6b-1) (from Ch. 127, par. 142b1)
8 Sec. 6b-1. There shall be paid into the State Pensions Fund
9the funds and proceeds from the sale of abandoned property as
10provided in Section 18 of the Uniform Disposition of Unclaimed
11Property Act, enacted by the Seventy-second General Assembly
12the Revised Uniform Unclaimed Property Act.
13(Source: P.A. 100-22, eff. 1-1-18.)
14 (30 ILCS 105/8.12) (from Ch. 127, par. 144.12)
15 Sec. 8.12. State Pensions Fund.
16 (a) The moneys in the State Pensions Fund shall be used
17exclusively for the administration of the Revised Uniform
18Disposition of Unclaimed Property Act and for the expenses
19incurred by the Auditor General for administering the
20provisions of Section 2-8.1 of the Illinois State Auditing Act
21and for operational expenses of the Office of the State
22Treasurer and for the funding of the unfunded liabilities of
23the designated retirement systems. Beginning in State fiscal

HB0321- 84 -LRB101 04001 HLH 49009 b
1year 2020, payments to the designated retirement systems under
2this Section shall be in addition to, and not in lieu of, any
3State contributions required under the Illinois Pension Code.
4 "Designated retirement systems" means:
5 (1) the State Employees' Retirement System of
6 Illinois;
7 (2) the Teachers' Retirement System of the State of
8 Illinois;
9 (3) the State Universities Retirement System;
10 (4) the Judges Retirement System of Illinois; and
11 (5) the General Assembly Retirement System.
12 (b) Each year the General Assembly may make appropriations
13from the State Pensions Fund for the administration of the
14Revised Uniform Disposition of Unclaimed Property Act.
15 Each month, the Commissioner of the Office of Banks and
16Real Estate shall certify to the State Treasurer the actual
17expenditures that the Office of Banks and Real Estate incurred
18conducting unclaimed property examinations under the Uniform
19Disposition of Unclaimed Property Act during the immediately
20preceding month. Within a reasonable time following the
21acceptance of such certification by the State Treasurer, the
22State Treasurer shall pay from its appropriation from the State
23Pensions Fund to the Bank and Trust Company Fund, the Savings
24Bank Regulatory Fund, and the Residential Finance Regulatory
25Fund an amount equal to the expenditures incurred by each Fund
26for that month.

HB0321- 85 -LRB101 04001 HLH 49009 b
1 Each month, the Director of Financial Institutions shall
2certify to the State Treasurer the actual expenditures that the
3Department of Financial Institutions incurred conducting
4unclaimed property examinations under the Uniform Disposition
5of Unclaimed Property Act during the immediately preceding
6month. Within a reasonable time following the acceptance of
7such certification by the State Treasurer, the State Treasurer
8shall pay from its appropriation from the State Pensions Fund
9to the Financial Institution Fund and the Credit Union Fund an
10amount equal to the expenditures incurred by each Fund for that
11month.
12 (c) As soon as possible after July 30, 2004 (the effective
13date of Public Act 93-839), the General Assembly shall
14appropriate from the State Pensions Fund (1) to the State
15Universities Retirement System the amount certified under
16Section 15-165 during the prior year, (2) to the Judges
17Retirement System of Illinois the amount certified under
18Section 18-140 during the prior year, and (3) to the General
19Assembly Retirement System the amount certified under Section
202-134 during the prior year as part of the required State
21contributions to each of those designated retirement systems;
22except that amounts appropriated under this subsection (c) in
23State fiscal year 2005 shall not reduce the amount in the State
24Pensions Fund below $5,000,000. If the amount in the State
25Pensions Fund does not exceed the sum of the amounts certified
26in Sections 15-165, 18-140, and 2-134 by at least $5,000,000,

HB0321- 86 -LRB101 04001 HLH 49009 b
1the amount paid to each designated retirement system under this
2subsection shall be reduced in proportion to the amount
3certified by each of those designated retirement systems.
4 (c-5) For fiscal years 2006 through 2019, the General
5Assembly shall appropriate from the State Pensions Fund to the
6State Universities Retirement System the amount estimated to be
7available during the fiscal year in the State Pensions Fund;
8provided, however, that the amounts appropriated under this
9subsection (c-5) shall not reduce the amount in the State
10Pensions Fund below $5,000,000.
11 (c-6) For fiscal year 2020 and each fiscal year thereafter,
12as soon as may be practical after any money is deposited into
13the State Pensions Fund from the Unclaimed Property Trust Fund,
14the State Treasurer shall apportion the deposited amount among
15the designated retirement systems as defined in subsection (a)
16to reduce their actuarial reserve deficiencies. The State
17Comptroller and State Treasurer shall pay the apportioned
18amounts to the designated retirement systems to fund the
19unfunded liabilities of the designated retirement systems. The
20amount apportioned to each designated retirement system shall
21constitute a portion of the amount estimated to be available
22for appropriation from the State Pensions Fund that is the same
23as that retirement system's portion of the total actual reserve
24deficiency of the systems, as determined annually by the
25Governor's Office of Management and Budget at the request of
26the State Treasurer. The amounts apportioned under this

HB0321- 87 -LRB101 04001 HLH 49009 b
1subsection shall not reduce the amount in the State Pensions
2Fund below $5,000,000.
3 (d) The Governor's Office of Management and Budget shall
4determine the individual and total reserve deficiencies of the
5designated retirement systems. For this purpose, the
6Governor's Office of Management and Budget shall utilize the
7latest available audit and actuarial reports of each of the
8retirement systems and the relevant reports and statistics of
9the Public Employee Pension Fund Division of the Department of
10Insurance.
11 (d-1) As soon as practicable after March 5, 2004 (the
12effective date of Public Act 93-665), the Comptroller shall
13direct and the Treasurer shall transfer from the State Pensions
14Fund to the General Revenue Fund, as funds become available, a
15sum equal to the amounts that would have been paid from the
16State Pensions Fund to the Teachers' Retirement System of the
17State of Illinois, the State Universities Retirement System,
18the Judges Retirement System of Illinois, the General Assembly
19Retirement System, and the State Employees' Retirement System
20of Illinois after March 5, 2004 (the effective date of Public
21Act 93-665) during the remainder of fiscal year 2004 to the
22designated retirement systems from the appropriations provided
23for in this Section if the transfers provided in Section 6z-61
24had not occurred. The transfers described in this subsection
25(d-1) are to partially repay the General Revenue Fund for the
26costs associated with the bonds used to fund the moneys

HB0321- 88 -LRB101 04001 HLH 49009 b
1transferred to the designated retirement systems under Section
26z-61.
3 (e) The changes to this Section made by Public Act 88-593
4shall first apply to distributions from the Fund for State
5fiscal year 1996.
6(Source: P.A. 99-8, eff. 7-9-15; 99-78, eff. 7-20-15; 99-523,
7eff. 6-30-16; 100-22, eff. 1-1-18; 100-23, eff. 7-6-17;
8100-587, eff. 6-4-18; 100-863, eff. 8-14-18.)
9 Section 35. The State Officers and Employees Money
10Disposition Act is amended by changing Section 2 as follows:
11 (30 ILCS 230/2) (from Ch. 127, par. 171)
12 Sec. 2. Accounts of money received; payment into State
13treasury.
14 (a) Every officer, board, commission, commissioner,
15department, institution, arm or agency brought within the
16provisions of this Act by Section 1 shall keep in proper books
17a detailed itemized account of all moneys received for or on
18behalf of the State of Illinois, showing the date of receipt,
19the payor, and purpose and amount, and the date and manner of
20disbursement as hereinafter provided, and, unless a different
21time of payment is expressly provided by law or by rules or
22regulations promulgated under subsection (b) of this Section,
23shall pay into the State treasury the gross amount of money so
24received on the day of actual physical receipt with respect to

HB0321- 89 -LRB101 04001 HLH 49009 b
1any single item of receipt exceeding $10,000, within 24 hours
2of actual physical receipt with respect to an accumulation of
3receipts of $10,000 or more, or within 48 hours of actual
4physical receipt with respect to an accumulation of receipts
5exceeding $500 but less than $10,000, disregarding holidays,
6Saturdays and Sundays, after the receipt of same, without any
7deduction on account of salaries, fees, costs, charges,
8expenses or claims of any description whatever; provided that:
9 (1) the provisions of (i) Section 2505-475 of the
10 Department of Revenue Law (20 ILCS 2505/2505-475), (ii) any
11 specific taxing statute authorizing a claim for credit
12 procedure instead of the actual making of refunds, (iii)
13 Section 505 of the Illinois Controlled Substances Act, (iv)
14 Section 85 of the Methamphetamine Control and Community
15 Protection Act, authorizing the Director of State Police to
16 dispose of forfeited property, which includes the sale and
17 disposition of the proceeds of the sale of forfeited
18 property, and the Department of Central Management
19 Services to be reimbursed for costs incurred with the sales
20 of forfeited vehicles, boats or aircraft and to pay to bona
21 fide or innocent purchasers, conditional sales vendors or
22 mortgagees of such vehicles, boats or aircraft their
23 interest in such vehicles, boats or aircraft, and (v)
24 Section 6b-2 of the State Finance Act, establishing
25 procedures for handling cash receipts from the sale of
26 pari-mutuel wagering tickets, shall not be deemed to be in

HB0321- 90 -LRB101 04001 HLH 49009 b
1 conflict with the requirements of this Section;
2 (2) any fees received by the State Registrar of Vital
3 Records pursuant to the Vital Records Act which are
4 insufficient in amount may be returned by the Registrar as
5 provided in that Act;
6 (3) any fees received by the Department of Public
7 Health under the Food Handling Regulation Enforcement Act
8 that are submitted for renewal of an expired food service
9 sanitation manager certificate may be returned by the
10 Director as provided in that Act;
11 (3.5) the State Treasurer may permit the deduction of
12 fees by third-party unclaimed property examiners from the
13 property recovered by the examiners for the State of
14 Illinois during examinations of holders located outside
15 the State under which the Office of the Treasurer has
16 agreed to pay for the examinations based upon a percentage,
17 set by rule by the State Treasurer in accordance with the
18 Illinois Administrative Procedure Revised Uniform
19 Unclaimed Property Act, of the property recovered during
20 the examination; and
21 (4) if the amount of money received does not exceed
22 $500, such money may be retained and need not be paid into
23 the State treasury until the total amount of money so
24 received exceeds $500, or until the next succeeding 1st or
25 15th day of each month (or until the next business day if
26 these days fall on Sunday or a holiday), whichever is

HB0321- 91 -LRB101 04001 HLH 49009 b
1 earlier, at which earlier time such money shall be paid
2 into the State treasury, except that if a local bank or
3 savings and loan association account has been authorized by
4 law, any balances shall be paid into the State treasury on
5 Monday of each week if more than $500 is to be deposited in
6 any fund.
7Single items of receipt exceeding $10,000 received after 2 p.m.
8on a working day may be deemed to have been received on the
9next working day for purposes of fulfilling the requirement
10that the item be deposited on the day of actual physical
11receipt.
12 No money belonging to or left for the use of the State
13shall be expended or applied except in consequence of an
14appropriation made by law and upon the warrant of the State
15Comptroller. However, payments made by the Comptroller to
16persons by direct deposit need not be made upon the warrant of
17the Comptroller, but if not made upon a warrant, shall be made
18in accordance with Section 9.02 of the State Comptroller Act.
19All moneys so paid into the State treasury shall, unless
20required by some statute to be held in the State treasury in a
21separate or special fund, be covered into the General Revenue
22Fund in the State treasury. Moneys received in the form of
23checks, drafts or similar instruments shall be properly
24endorsed, if necessary, and delivered to the State Treasurer
25for collection. The State Treasurer shall remit such collected
26funds to the depositing officer, board, commission,

HB0321- 92 -LRB101 04001 HLH 49009 b
1commissioner, department, institution, arm or agency by
2Treasurers Draft or through electronic funds transfer. The
3draft or notification of the electronic funds transfer shall be
4provided to the State Comptroller to allow deposit into the
5appropriate fund.
6 (b) Different time periods for the payment of public funds
7into the State treasury or to the State Treasurer, in excess of
8the periods established in subsection (a) of this Section, but
9not in excess of 30 days after receipt of such funds, may be
10established and revised from time to time by rules or
11regulations promulgated jointly by the State Treasurer and the
12State Comptroller in accordance with the Illinois
13Administrative Procedure Act. The different time periods
14established by rule or regulation under this subsection may
15vary according to the nature and amounts of the funds received,
16the locations at which the funds are received, whether
17compliance with the deposit requirements specified in
18subsection (a) of this Section would be cost effective, and
19such other circumstances and conditions as the promulgating
20authorities consider to be appropriate. The Treasurer and the
21Comptroller shall review all such different time periods
22established pursuant to this subsection every 2 years from the
23establishment thereof and upon such review, unless it is
24determined that it is economically unfeasible for the agency to
25comply with the provisions of subsection (a), shall repeal such
26different time period.

HB0321- 93 -LRB101 04001 HLH 49009 b
1(Source: P.A. 100-22, eff. 1-1-18.)
2 (35 ILCS 5/225 rep.)
3 Section 40. The Illinois Income Tax Act is amended by
4repealing Section 225.
5 Section 45. The Counties Code is amended by changing
6Section 3-3034 as follows:
7 (55 ILCS 5/3-3034) (from Ch. 34, par. 3-3034)
8 Sec. 3-3034. Disposition of body. After the inquest the
9coroner may deliver the body or human remains of the deceased
10to the family of the deceased or, if there are no family
11members to accept the body or the remains, then to friends of
12the deceased, if there be any, but if not, the coroner shall
13cause the body or the remains to be decently buried, cremated,
14or donated for medical science purposes, the expenses to be
15paid from the property of the deceased, if there is sufficient,
16if not, by the county. The coroner may not approve the
17cremation or donation of the body if it is necessary to
18preserve the body for law enforcement purposes. If the State
19Treasurer, pursuant to the Revised Uniform Disposition of
20Unclaimed Property Act, delivers human remains to the coroner,
21the coroner shall cause the human remains to be disposed of as
22provided in this Section. If the police department of any
23municipality or county investigates abandoned cremated

HB0321- 94 -LRB101 04001 HLH 49009 b
1remains, determines that they are human remains, and cannot
2locate the owner of the remains, then the police shall deliver
3the remains to the coroner, and the coroner shall cause the
4remains to be disposed of as provided in this Section.
5(Source: P.A. 100-22, eff. 1-1-18.)
6 Section 50. The Illinois Banking Act is amended by changing
7Sections 48, 48.1, 48.3, and 65 as follows:
8 (205 ILCS 5/48)
9 Sec. 48. Secretary's powers; duties. The Secretary shall
10have the powers and authority, and is charged with the duties
11and responsibilities designated in this Act, and a State bank
12shall not be subject to any other visitorial power other than
13as authorized by this Act, except those vested in the courts,
14or upon prior consultation with the Secretary, a foreign bank
15regulator with an appropriate supervisory interest in the
16parent or affiliate of a state bank. In the performance of the
17Secretary's duties:
18 (1) The Commissioner shall call for statements from all
19 State banks as provided in Section 47 at least one time
20 during each calendar quarter.
21 (2) (a) The Commissioner, as often as the Commissioner
22 shall deem necessary or proper, and no less frequently than
23 18 months following the preceding examination, shall
24 appoint a suitable person or persons to make an examination

HB0321- 95 -LRB101 04001 HLH 49009 b
1 of the affairs of every State bank, except that for every
2 eligible State bank, as defined by regulation, the
3 Commissioner in lieu of the examination may accept on an
4 alternating basis the examination made by the eligible
5 State bank's appropriate federal banking agency pursuant
6 to Section 111 of the Federal Deposit Insurance Corporation
7 Improvement Act of 1991, provided the appropriate federal
8 banking agency has made such an examination. A person so
9 appointed shall not be a stockholder or officer or employee
10 of any bank which that person may be directed to examine,
11 and shall have powers to make a thorough examination into
12 all the affairs of the bank and in so doing to examine any
13 of the officers or agents or employees thereof on oath and
14 shall make a full and detailed report of the condition of
15 the bank to the Commissioner. In making the examination the
16 examiners shall include an examination of the affairs of
17 all the affiliates of the bank, as defined in subsection
18 (b) of Section 35.2 of this Act, or subsidiaries of the
19 bank as shall be necessary to disclose fully the conditions
20 of the subsidiaries or affiliates, the relations between
21 the bank and the subsidiaries or affiliates and the effect
22 of those relations upon the affairs of the bank, and in
23 connection therewith shall have power to examine any of the
24 officers, directors, agents, or employees of the
25 subsidiaries or affiliates on oath. After May 31, 1997, the
26 Commissioner may enter into cooperative agreements with

HB0321- 96 -LRB101 04001 HLH 49009 b
1 state regulatory authorities of other states to provide for
2 examination of State bank branches in those states, and the
3 Commissioner may accept reports of examinations of State
4 bank branches from those state regulatory authorities.
5 These cooperative agreements may set forth the manner in
6 which the other state regulatory authorities may be
7 compensated for examinations prepared for and submitted to
8 the Commissioner.
9 (b) After May 31, 1997, the Commissioner is authorized
10 to examine, as often as the Commissioner shall deem
11 necessary or proper, branches of out-of-state banks. The
12 Commissioner may establish and may assess fees to be paid
13 to the Commissioner for examinations under this subsection
14 (b). The fees shall be borne by the out-of-state bank,
15 unless the fees are borne by the state regulatory authority
16 that chartered the out-of-state bank, as determined by a
17 cooperative agreement between the Commissioner and the
18 state regulatory authority that chartered the out-of-state
19 bank.
20 (2.1) Pursuant to paragraph (a) of subsection (6) of
21 this Section, the Secretary shall adopt rules that ensure
22 consistency and due process in the examination process. The
23 Secretary may also establish guidelines that (i) define the
24 scope of the examination process and (ii) clarify
25 examination items to be resolved. The rules, formal
26 guidance, interpretive letters, or opinions furnished to

HB0321- 97 -LRB101 04001 HLH 49009 b
1 State banks by the Secretary may be relied upon by the
2 State banks.
3 (2.5) Whenever any State bank, any subsidiary or
4 affiliate of a State bank, or after May 31, 1997, any
5 branch of an out-of-state bank causes to be performed, by
6 contract or otherwise, any bank services for itself,
7 whether on or off its premises:
8 (a) that performance shall be subject to
9 examination by the Commissioner to the same extent as
10 if services were being performed by the bank or, after
11 May 31, 1997, branch of the out-of-state bank itself on
12 its own premises; and
13 (b) the bank or, after May 31, 1997, branch of the
14 out-of-state bank shall notify the Commissioner of the
15 existence of a service relationship. The notification
16 shall be submitted with the first statement of
17 condition (as required by Section 47 of this Act) due
18 after the making of the service contract or the
19 performance of the service, whichever occurs first.
20 The Commissioner shall be notified of each subsequent
21 contract in the same manner.
22 For purposes of this subsection (2.5), the term "bank
23 services" means services such as sorting and posting of
24 checks and deposits, computation and posting of interest
25 and other credits and charges, preparation and mailing of
26 checks, statements, notices, and similar items, or any

HB0321- 98 -LRB101 04001 HLH 49009 b
1 other clerical, bookkeeping, accounting, statistical, or
2 similar functions performed for a State bank, including but
3 not limited to electronic data processing related to those
4 bank services.
5 (3) The expense of administering this Act, including
6 the expense of the examinations of State banks as provided
7 in this Act, shall to the extent of the amounts resulting
8 from the fees provided for in paragraphs (a), (a-2), and
9 (b) of this subsection (3) be assessed against and borne by
10 the State banks:
11 (a) Each bank shall pay to the Secretary a Call
12 Report Fee which shall be paid in quarterly
13 installments equal to one-fourth of the sum of the
14 annual fixed fee of $800, plus a variable fee based on
15 the assets shown on the quarterly statement of
16 condition delivered to the Secretary in accordance
17 with Section 47 for the preceding quarter according to
18 the following schedule: 16 per $1,000 of the first
19 $5,000,000 of total assets, 15 per $1,000 of the next
20 $20,000,000 of total assets, 13 per $1,000 of the next
21 $75,000,000 of total assets, 9 per $1,000 of the next
22 $400,000,000 of total assets, 7 per $1,000 of the next
23 $500,000,000 of total assets, and 5 per $1,000 of all
24 assets in excess of $1,000,000,000, of the State bank.
25 The Call Report Fee shall be calculated by the
26 Secretary and billed to the banks for remittance at the

HB0321- 99 -LRB101 04001 HLH 49009 b
1 time of the quarterly statements of condition provided
2 for in Section 47. The Secretary may require payment of
3 the fees provided in this Section by an electronic
4 transfer of funds or an automatic debit of an account
5 of each of the State banks. In case more than one
6 examination of any bank is deemed by the Secretary to
7 be necessary in any examination frequency cycle
8 specified in subsection 2(a) of this Section, and is
9 performed at his direction, the Secretary may assess a
10 reasonable additional fee to recover the cost of the
11 additional examination; provided, however, that an
12 examination conducted at the request of the State
13 Treasurer pursuant to the Uniform Disposition of
14 Unclaimed Property Act shall not be deemed to be an
15 additional examination under this Section. In lieu of
16 the method and amounts set forth in this paragraph (a)
17 for the calculation of the Call Report Fee, the
18 Secretary may specify by rule that the Call Report Fees
19 provided by this Section may be assessed semiannually
20 or some other period and may provide in the rule the
21 formula to be used for calculating and assessing the
22 periodic Call Report Fees to be paid by State banks.
23 (a-1) If in the opinion of the Commissioner an
24 emergency exists or appears likely, the Commissioner
25 may assign an examiner or examiners to monitor the
26 affairs of a State bank with whatever frequency he

HB0321- 100 -LRB101 04001 HLH 49009 b
1 deems appropriate, including but not limited to a daily
2 basis. The reasonable and necessary expenses of the
3 Commissioner during the period of the monitoring shall
4 be borne by the subject bank. The Commissioner shall
5 furnish the State bank a statement of time and expenses
6 if requested to do so within 30 days of the conclusion
7 of the monitoring period.
8 (a-2) On and after January 1, 1990, the reasonable
9 and necessary expenses of the Commissioner during
10 examination of the performance of electronic data
11 processing services under subsection (2.5) shall be
12 borne by the banks for which the services are provided.
13 An amount, based upon a fee structure prescribed by the
14 Commissioner, shall be paid by the banks or, after May
15 31, 1997, branches of out-of-state banks receiving the
16 electronic data processing services along with the
17 Call Report Fee assessed under paragraph (a) of this
18 subsection (3).
19 (a-3) After May 31, 1997, the reasonable and
20 necessary expenses of the Commissioner during
21 examination of the performance of electronic data
22 processing services under subsection (2.5) at or on
23 behalf of branches of out-of-state banks shall be borne
24 by the out-of-state banks, unless those expenses are
25 borne by the state regulatory authorities that
26 chartered the out-of-state banks, as determined by

HB0321- 101 -LRB101 04001 HLH 49009 b
1 cooperative agreements between the Commissioner and
2 the state regulatory authorities that chartered the
3 out-of-state banks.
4 (b) "Fiscal year" for purposes of this Section 48
5 is defined as a period beginning July 1 of any year and
6 ending June 30 of the next year. The Commissioner shall
7 receive for each fiscal year, commencing with the
8 fiscal year ending June 30, 1987, a contingent fee
9 equal to the lesser of the aggregate of the fees paid
10 by all State banks under paragraph (a) of subsection
11 (3) for that year, or the amount, if any, whereby the
12 aggregate of the administration expenses, as defined
13 in paragraph (c), for that fiscal year exceeds the sum
14 of the aggregate of the fees payable by all State banks
15 for that year under paragraph (a) of subsection (3),
16 plus any amounts transferred into the Bank and Trust
17 Company Fund from the State Pensions Fund for that
18 year, plus all other amounts collected by the
19 Commissioner for that year under any other provision of
20 this Act, plus the aggregate of all fees collected for
21 that year by the Commissioner under the Corporate
22 Fiduciary Act, excluding the receivership fees
23 provided for in Section 5-10 of the Corporate Fiduciary
24 Act, and the Foreign Banking Office Act. The aggregate
25 amount of the contingent fee thus arrived at for any
26 fiscal year shall be apportioned amongst, assessed

HB0321- 102 -LRB101 04001 HLH 49009 b
1 upon, and paid by the State banks and foreign banking
2 corporations, respectively, in the same proportion
3 that the fee of each under paragraph (a) of subsection
4 (3), respectively, for that year bears to the aggregate
5 for that year of the fees collected under paragraph (a)
6 of subsection (3). The aggregate amount of the
7 contingent fee, and the portion thereof to be assessed
8 upon each State bank and foreign banking corporation,
9 respectively, shall be determined by the Commissioner
10 and shall be paid by each, respectively, within 120
11 days of the close of the period for which the
12 contingent fee is computed and is payable, and the
13 Commissioner shall give 20 days days' advance notice of
14 the amount of the contingent fee payable by the State
15 bank and of the date fixed by the Commissioner for
16 payment of the fee.
17 (c) The "administration expenses" for any fiscal
18 year shall mean the ordinary and contingent expenses
19 for that year incident to making the examinations
20 provided for by, and for otherwise administering, this
21 Act, the Corporate Fiduciary Act, excluding the
22 expenses paid from the Corporate Fiduciary
23 Receivership account in the Bank and Trust Company
24 Fund, the Foreign Banking Office Act, the Electronic
25 Fund Transfer Act, and the Illinois Bank Examiners'
26 Education Foundation Act, including all salaries and

HB0321- 103 -LRB101 04001 HLH 49009 b
1 other compensation paid for personal services rendered
2 for the State by officers or employees of the State,
3 including the Commissioner and the Deputy
4 Commissioners, communication equipment and services,
5 office furnishings, surety bond premiums, and travel
6 expenses of those officers and employees, employees,
7 expenditures or charges for the acquisition,
8 enlargement or improvement of, or for the use of, any
9 office space, building, or structure, or expenditures
10 for the maintenance thereof or for furnishing heat,
11 light, or power with respect thereto, all to the extent
12 that those expenditures are directly incidental to
13 such examinations or administration. The Commissioner
14 shall not be required by paragraphs (c) or (d-1) of
15 this subsection (3) to maintain in any fiscal year's
16 budget appropriated reserves for accrued vacation and
17 accrued sick leave that is required to be paid to
18 employees of the Commissioner upon termination of
19 their service with the Commissioner in an amount that
20 is more than is reasonably anticipated to be necessary
21 for any anticipated turnover in employees, whether due
22 to normal attrition or due to layoffs, terminations, or
23 resignations.
24 (d) The aggregate of all fees collected by the
25 Secretary under this Act, the Corporate Fiduciary Act,
26 or the Foreign Banking Office Act on and after July 1,

HB0321- 104 -LRB101 04001 HLH 49009 b
1 1979, shall be paid promptly after receipt of the same,
2 accompanied by a detailed statement thereof, into the
3 State treasury and shall be set apart in a special fund
4 to be known as the "Bank and Trust Company Fund",
5 except as provided in paragraph (c) of subsection (11)
6 of this Section. All earnings received from
7 investments of funds in the Bank and Trust Company Fund
8 shall be deposited in the Bank and Trust Company Fund
9 and may be used for the same purposes as fees deposited
10 in that Fund. The amount from time to time deposited
11 into the Bank and Trust Company Fund shall be used: (i)
12 to offset the ordinary administrative expenses of the
13 Secretary as defined in this Section or (ii) as a
14 credit against fees under paragraph (d-1) of this
15 subsection (3). Nothing in this amendatory Act of 1979
16 shall prevent continuing the practice of paying
17 expenses involving salaries, retirement, social
18 security, and State-paid insurance premiums of State
19 officers by appropriations from the General Revenue
20 Fund. However, the General Revenue Fund shall be
21 reimbursed for those payments made on and after July 1,
22 1979, by an annual transfer of funds from the Bank and
23 Trust Company Fund. Moneys in the Bank and Trust
24 Company Fund may be transferred to the Professions
25 Indirect Cost Fund, as authorized under Section
26 2105-300 of the Department of Professional Regulation

HB0321- 105 -LRB101 04001 HLH 49009 b
1 Law of the Civil Administrative Code of Illinois.
2 Notwithstanding provisions in the State Finance
3 Act, as now or hereafter amended, or any other law to
4 the contrary, the sum of $18,788,847 shall be
5 transferred from the Bank and Trust Company Fund to the
6 Financial Institutions Settlement of 2008 Fund on the
7 effective date of this amendatory Act of the 95th
8 General Assembly, or as soon thereafter as practical.
9 Notwithstanding provisions in the State Finance
10 Act, as now or hereafter amended, or any other law to
11 the contrary, the Governor may, during any fiscal year
12 through January 10, 2011, from time to time direct the
13 State Treasurer and Comptroller to transfer a
14 specified sum not exceeding 10% of the revenues to be
15 deposited into the Bank and Trust Company Fund during
16 that fiscal year from that Fund to the General Revenue
17 Fund in order to help defray the State's operating
18 costs for the fiscal year. Notwithstanding provisions
19 in the State Finance Act, as now or hereafter amended,
20 or any other law to the contrary, the total sum
21 transferred during any fiscal year through January 10,
22 2011, from the Bank and Trust Company Fund to the
23 General Revenue Fund pursuant to this provision shall
24 not exceed during any fiscal year 10% of the revenues
25 to be deposited into the Bank and Trust Company Fund
26 during that fiscal year. The State Treasurer and

HB0321- 106 -LRB101 04001 HLH 49009 b
1 Comptroller shall transfer the amounts designated
2 under this Section as soon as may be practicable after
3 receiving the direction to transfer from the Governor.
4 (d-1) Adequate funds shall be available in the Bank
5 and Trust Company Fund to permit the timely payment of
6 administration expenses. In each fiscal year the total
7 administration expenses shall be deducted from the
8 total fees collected by the Commissioner and the
9 remainder transferred into the Cash Flow Reserve
10 Account, unless the balance of the Cash Flow Reserve
11 Account prior to the transfer equals or exceeds
12 one-fourth of the total initial appropriations from
13 the Bank and Trust Company Fund for the subsequent
14 year, in which case the remainder shall be credited to
15 State banks and foreign banking corporations and
16 applied against their fees for the subsequent year. The
17 amount credited to each State bank and foreign banking
18 corporation shall be in the same proportion as the Call
19 Report Fees paid by each for the year bear to the total
20 Call Report Fees collected for the year. If, after a
21 transfer to the Cash Flow Reserve Account is made or if
22 no remainder is available for transfer, the balance of
23 the Cash Flow Reserve Account is less than one-fourth
24 of the total initial appropriations for the subsequent
25 year and the amount transferred is less than 5% of the
26 total Call Report Fees for the year, additional amounts

HB0321- 107 -LRB101 04001 HLH 49009 b
1 needed to make the transfer equal to 5% of the total
2 Call Report Fees for the year shall be apportioned
3 amongst, assessed upon, and paid by the State banks and
4 foreign banking corporations in the same proportion
5 that the Call Report Fees of each, respectively, for
6 the year bear to the total Call Report Fees collected
7 for the year. The additional amounts assessed shall be
8 transferred into the Cash Flow Reserve Account. For
9 purposes of this paragraph (d-1), the calculation of
10 the fees collected by the Commissioner shall exclude
11 the receivership fees provided for in Section 5-10 of
12 the Corporate Fiduciary Act.
13 (e) The Commissioner may upon request certify to
14 any public record in his keeping and shall have
15 authority to levy a reasonable charge for issuing
16 certifications of any public record in his keeping.
17 (f) In addition to fees authorized elsewhere in
18 this Act, the Commissioner may, in connection with a
19 review, approval, or provision of a service, levy a
20 reasonable charge to recover the cost of the review,
21 approval, or service.
22 (4) Nothing contained in this Act shall be construed to
23 limit the obligation relative to examinations and reports
24 of any State bank, deposits in which are to any extent
25 insured by the United States or any agency thereof, nor to
26 limit in any way the powers of the Commissioner with

HB0321- 108 -LRB101 04001 HLH 49009 b
1 reference to examinations and reports of that bank.
2 (5) The nature and condition of the assets in or
3 investment of any bonus, pension, or profit sharing plan
4 for officers or employees of every State bank or, after May
5 31, 1997, branch of an out-of-state bank shall be deemed to
6 be included in the affairs of that State bank or branch of
7 an out-of-state bank subject to examination by the
8 Commissioner under the provisions of subsection (2) of this
9 Section, and if the Commissioner shall find from an
10 examination that the condition of or operation of the
11 investments or assets of the plan is unlawful, fraudulent,
12 or unsafe, or that any trustee has abused his trust, the
13 Commissioner shall, if the situation so found by the
14 Commissioner shall not be corrected to his satisfaction
15 within 60 days after the Commissioner has given notice to
16 the board of directors of the State bank or out-of-state
17 bank of his findings, report the facts to the Attorney
18 General who shall thereupon institute proceedings against
19 the State bank or out-of-state bank, the board of directors
20 thereof, or the trustees under such plan as the nature of
21 the case may require.
22 (6) The Commissioner shall have the power:
23 (a) To promulgate reasonable rules for the purpose
24 of administering the provisions of this Act.
25 (a-5) To impose conditions on any approval issued
26 by the Commissioner if he determines that the

HB0321- 109 -LRB101 04001 HLH 49009 b
1 conditions are necessary or appropriate. These
2 conditions shall be imposed in writing and shall
3 continue in effect for the period prescribed by the
4 Commissioner.
5 (b) To issue orders against any person, if the
6 Commissioner has reasonable cause to believe that an
7 unsafe or unsound banking practice has occurred, is
8 occurring, or is about to occur, if any person has
9 violated, is violating, or is about to violate any law,
10 rule, or written agreement with the Commissioner, or
11 for the purpose of administering the provisions of this
12 Act and any rule promulgated in accordance with this
13 Act.
14 (b-1) To enter into agreements with a bank
15 establishing a program to correct the condition of the
16 bank or its practices.
17 (c) To appoint hearing officers to execute any of
18 the powers granted to the Commissioner under this
19 Section for the purpose of administering this Act and
20 any rule promulgated in accordance with this Act and
21 otherwise to authorize, in writing, an officer or
22 employee of the Office of Banks and Real Estate to
23 exercise his powers under this Act.
24 (d) To subpoena witnesses, to compel their
25 attendance, to administer an oath, to examine any
26 person under oath, and to require the production of any

HB0321- 110 -LRB101 04001 HLH 49009 b
1 relevant books, papers, accounts, and documents in the
2 course of and pursuant to any investigation being
3 conducted, or any action being taken, by the
4 Commissioner in respect of any matter relating to the
5 duties imposed upon, or the powers vested in, the
6 Commissioner under the provisions of this Act or any
7 rule promulgated in accordance with this Act.
8 (e) To conduct hearings.
9 (7) Whenever, in the opinion of the Secretary, any
10 director, officer, employee, or agent of a State bank or
11 any subsidiary or bank holding company of the bank or,
12 after May 31, 1997, of any branch of an out-of-state bank
13 or any subsidiary or bank holding company of the bank shall
14 have violated any law, rule, or order relating to that bank
15 or any subsidiary or bank holding company of the bank,
16 shall have obstructed or impeded any examination or
17 investigation by the Secretary, shall have engaged in an
18 unsafe or unsound practice in conducting the business of
19 that bank or any subsidiary or bank holding company of the
20 bank, or shall have violated any law or engaged or
21 participated in any unsafe or unsound practice in
22 connection with any financial institution or other
23 business entity such that the character and fitness of the
24 director, officer, employee, or agent does not assure
25 reasonable promise of safe and sound operation of the State
26 bank, the Secretary may issue an order of removal. If, in

HB0321- 111 -LRB101 04001 HLH 49009 b
1 the opinion of the Secretary, any former director, officer,
2 employee, or agent of a State bank or any subsidiary or
3 bank holding company of the bank, prior to the termination
4 of his or her service with that bank or any subsidiary or
5 bank holding company of the bank, violated any law, rule,
6 or order relating to that State bank or any subsidiary or
7 bank holding company of the bank, obstructed or impeded any
8 examination or investigation by the Secretary, engaged in
9 an unsafe or unsound practice in conducting the business of
10 that bank or any subsidiary or bank holding company of the
11 bank, or violated any law or engaged or participated in any
12 unsafe or unsound practice in connection with any financial
13 institution or other business entity such that the
14 character and fitness of the director, officer, employee,
15 or agent would not have assured reasonable promise of safe
16 and sound operation of the State bank, the Secretary may
17 issue an order prohibiting that person from further service
18 with a bank or any subsidiary or bank holding company of
19 the bank as a director, officer, employee, or agent. An
20 order issued pursuant to this subsection shall be served
21 upon the director, officer, employee, or agent. A copy of
22 the order shall be sent to each director of the bank
23 affected by registered mail. A copy of the order shall also
24 be served upon the bank of which he is a director, officer,
25 employee, or agent, whereupon he shall cease to be a
26 director, officer, employee, or agent of that bank. The

HB0321- 112 -LRB101 04001 HLH 49009 b
1 Secretary may institute a civil action against the
2 director, officer, or agent of the State bank or, after May
3 31, 1997, of the branch of the out-of-state bank against
4 whom any order provided for by this subsection (7) of this
5 Section 48 has been issued, and against the State bank or,
6 after May 31, 1997, out-of-state bank, to enforce
7 compliance with or to enjoin any violation of the terms of
8 the order. Any person who has been the subject of an order
9 of removal or an order of prohibition issued by the
10 Secretary under this subsection or Section 5-6 of the
11 Corporate Fiduciary Act may not thereafter serve as
12 director, officer, employee, or agent of any State bank or
13 of any branch of any out-of-state bank, or of any corporate
14 fiduciary, as defined in Section 1-5.05 of the Corporate
15 Fiduciary Act, or of any other entity that is subject to
16 licensure or regulation by the Division of Banking unless
17 the Secretary has granted prior approval in writing.
18 For purposes of this paragraph (7), "bank holding
19 company" has the meaning prescribed in Section 2 of the
20 Illinois Bank Holding Company Act of 1957.
21 (8) The Commissioner may impose civil penalties of up
22 to $100,000 against any person for each violation of any
23 provision of this Act, any rule promulgated in accordance
24 with this Act, any order of the Commissioner, or any other
25 action which in the Commissioner's discretion is an unsafe
26 or unsound banking practice.

HB0321- 113 -LRB101 04001 HLH 49009 b
1 (9) The Commissioner may impose civil penalties of up
2 to $100 against any person for the first failure to comply
3 with reporting requirements set forth in the report of
4 examination of the bank and up to $200 for the second and
5 subsequent failures to comply with those reporting
6 requirements.
7 (10) All final administrative decisions of the
8 Commissioner hereunder shall be subject to judicial review
9 pursuant to the provisions of the Administrative Review
10 Law. For matters involving administrative review, venue
11 shall be in either Sangamon County or Cook County.
12 (11) The endowment fund for the Illinois Bank
13 Examiners' Education Foundation shall be administered as
14 follows:
15 (a) (Blank).
16 (b) The Foundation is empowered to receive
17 voluntary contributions, gifts, grants, bequests, and
18 donations on behalf of the Illinois Bank Examiners'
19 Education Foundation from national banks and other
20 persons for the purpose of funding the endowment of the
21 Illinois Bank Examiners' Education Foundation.
22 (c) The aggregate of all special educational fees
23 collected by the Secretary and property received by the
24 Secretary on behalf of the Illinois Bank Examiners'
25 Education Foundation under this subsection (11) on or
26 after June 30, 1986, shall be either (i) promptly paid

HB0321- 114 -LRB101 04001 HLH 49009 b
1 after receipt of the same, accompanied by a detailed
2 statement thereof, into the State Treasury and shall be
3 set apart in a special fund to be known as "The
4 Illinois Bank Examiners' Education Fund" to be
5 invested by either the Treasurer of the State of
6 Illinois in the Public Treasurers' Investment Pool or
7 in any other investment he is authorized to make or by
8 the Illinois State Board of Investment as the State
9 Banking Board of Illinois may direct or (ii) deposited
10 into an account maintained in a commercial bank or
11 corporate fiduciary in the name of the Illinois Bank
12 Examiners' Education Foundation pursuant to the order
13 and direction of the Board of Trustees of the Illinois
14 Bank Examiners' Education Foundation.
15 (12) (Blank).
16 (13) The Secretary may borrow funds from the General
17 Revenue Fund on behalf of the Bank and Trust Company Fund
18 if the Director of Banking certifies to the Governor that
19 there is an economic emergency affecting banking that
20 requires a borrowing to provide additional funds to the
21 Bank and Trust Company Fund. The borrowed funds shall be
22 paid back within 3 years and shall not exceed the total
23 funding appropriated to the Agency in the previous year.
24 (14) In addition to the fees authorized in this Act,
25 the Secretary may assess reasonable receivership fees
26 against any State bank that does not maintain insurance

HB0321- 115 -LRB101 04001 HLH 49009 b
1 with the Federal Deposit Insurance Corporation. All fees
2 collected under this subsection (14) shall be paid into the
3 Non-insured Institutions Receivership account in the Bank
4 and Trust Company Fund, as established by the Secretary.
5 The fees assessed under this subsection (14) shall provide
6 for the expenses that arise from the administration of the
7 receivership of any such institution required to pay into
8 the Non-insured Institutions Receivership account, whether
9 pursuant to this Act, the Corporate Fiduciary Act, the
10 Foreign Banking Office Act, or any other Act that requires
11 payments into the Non-insured Institutions Receivership
12 account. The Secretary may establish by rule a reasonable
13 manner of assessing fees under this subsection (14).
14(Source: P.A. 99-39, eff. 1-1-16; 100-22, eff. 1-1-18.)
15 (205 ILCS 5/48.1) (from Ch. 17, par. 360)
16 Sec. 48.1. Customer financial records; confidentiality.
17 (a) For the purpose of this Section, the term "financial
18records" means any original, any copy, or any summary of:
19 (1) a document granting signature authority over a
20 deposit or account;
21 (2) a statement, ledger card or other record on any
22 deposit or account, which shows each transaction in or with
23 respect to that account;
24 (3) a check, draft or money order drawn on a bank or
25 issued and payable by a bank; or

HB0321- 116 -LRB101 04001 HLH 49009 b
1 (4) any other item containing information pertaining
2 to any relationship established in the ordinary course of a
3 bank's business between a bank and its customer, including
4 financial statements or other financial information
5 provided by the customer.
6 (b) This Section does not prohibit:
7 (1) The preparation, examination, handling or
8 maintenance of any financial records by any officer,
9 employee or agent of a bank having custody of the records,
10 or the examination of the records by a certified public
11 accountant engaged by the bank to perform an independent
12 audit.
13 (2) The examination of any financial records by, or the
14 furnishing of financial records by a bank to, any officer,
15 employee or agent of (i) the Commissioner of Banks and Real
16 Estate, (ii) after May 31, 1997, a state regulatory
17 authority authorized to examine a branch of a State bank
18 located in another state, (iii) the Comptroller of the
19 Currency, (iv) the Federal Reserve Board, or (v) the
20 Federal Deposit Insurance Corporation for use solely in the
21 exercise of his duties as an officer, employee, or agent.
22 (3) The publication of data furnished from financial
23 records relating to customers where the data cannot be
24 identified to any particular customer or account.
25 (4) The making of reports or returns required under
26 Chapter 61 of the Internal Revenue Code of 1986.

HB0321- 117 -LRB101 04001 HLH 49009 b
1 (5) Furnishing information concerning the dishonor of
2 any negotiable instrument permitted to be disclosed under
3 the Uniform Commercial Code.
4 (6) The exchange in the regular course of business of
5 (i) credit information between a bank and other banks or
6 financial institutions or commercial enterprises, directly
7 or through a consumer reporting agency or (ii) financial
8 records or information derived from financial records
9 between a bank and other banks or financial institutions or
10 commercial enterprises for the purpose of conducting due
11 diligence pursuant to a purchase or sale involving the bank
12 or assets or liabilities of the bank.
13 (7) The furnishing of information to the appropriate
14 law enforcement authorities where the bank reasonably
15 believes it has been the victim of a crime.
16 (8) The furnishing of information under the Revised
17 Uniform Disposition of Unclaimed Property Act.
18 (9) The furnishing of information under the Illinois
19 Income Tax Act and the Illinois Estate and
20 Generation-Skipping Transfer Tax Act.
21 (10) The furnishing of information under the federal
22 Currency and Foreign Transactions Reporting Act Title 31,
23 United States Code, Section 1051 et seq.
24 (11) The furnishing of information under any other
25 statute that by its terms or by regulations promulgated
26 thereunder requires the disclosure of financial records

HB0321- 118 -LRB101 04001 HLH 49009 b
1 other than by subpoena, summons, warrant, or court order.
2 (12) The furnishing of information about the existence
3 of an account of a person to a judgment creditor of that
4 person who has made a written request for that information.
5 (13) The exchange in the regular course of business of
6 information between commonly owned banks in connection
7 with a transaction authorized under paragraph (23) of
8 Section 5 and conducted at an affiliate facility.
9 (14) The furnishing of information in accordance with
10 the federal Personal Responsibility and Work Opportunity
11 Reconciliation Act of 1996. Any bank governed by this Act
12 shall enter into an agreement for data exchanges with a
13 State agency provided the State agency pays to the bank a
14 reasonable fee not to exceed its actual cost incurred. A
15 bank providing information in accordance with this item
16 shall not be liable to any account holder or other person
17 for any disclosure of information to a State agency, for
18 encumbering or surrendering any assets held by the bank in
19 response to a lien or order to withhold and deliver issued
20 by a State agency, or for any other action taken pursuant
21 to this item, including individual or mechanical errors,
22 provided the action does not constitute gross negligence or
23 willful misconduct. A bank shall have no obligation to
24 hold, encumber, or surrender assets until it has been
25 served with a subpoena, summons, warrant, court or
26 administrative order, lien, or levy.

HB0321- 119 -LRB101 04001 HLH 49009 b
1 (15) The exchange in the regular course of business of
2 information between a bank and any commonly owned affiliate
3 of the bank, subject to the provisions of the Financial
4 Institutions Insurance Sales Law.
5 (16) The furnishing of information to law enforcement
6 authorities, the Illinois Department on Aging and its
7 regional administrative and provider agencies, the
8 Department of Human Services Office of Inspector General,
9 or public guardians: (i) upon subpoena by the investigatory
10 entity or the guardian, or (ii) if there is suspicion by
11 the bank that a customer who is an elderly person or person
12 with a disability has been or may become the victim of
13 financial exploitation. For the purposes of this item (16),
14 the term: (i) "elderly person" means a person who is 60 or
15 more years of age, (ii) "disabled person" means a person
16 who has or reasonably appears to the bank to have a
17 physical or mental disability that impairs his or her
18 ability to seek or obtain protection from or prevent
19 financial exploitation, and (iii) "financial exploitation"
20 means tortious or illegal use of the assets or resources of
21 an elderly or disabled person, and includes, without
22 limitation, misappropriation of the elderly or disabled
23 person's assets or resources by undue influence, breach of
24 fiduciary relationship, intimidation, fraud, deception,
25 extortion, or the use of assets or resources in any manner
26 contrary to law. A bank or person furnishing information

HB0321- 120 -LRB101 04001 HLH 49009 b
1 pursuant to this item (16) shall be entitled to the same
2 rights and protections as a person furnishing information
3 under the Adult Protective Services Act and the Illinois
4 Domestic Violence Act of 1986.
5 (17) The disclosure of financial records or
6 information as necessary to effect, administer, or enforce
7 a transaction requested or authorized by the customer, or
8 in connection with:
9 (A) servicing or processing a financial product or
10 service requested or authorized by the customer;
11 (B) maintaining or servicing a customer's account
12 with the bank; or
13 (C) a proposed or actual securitization or
14 secondary market sale (including sales of servicing
15 rights) related to a transaction of a customer.
16 Nothing in this item (17), however, authorizes the sale
17 of the financial records or information of a customer
18 without the consent of the customer.
19 (18) The disclosure of financial records or
20 information as necessary to protect against actual or
21 potential fraud, unauthorized transactions, claims, or
22 other liability.
23 (19)(A) (a) The disclosure of financial records or
24 information related to a private label credit program
25 between a financial institution and a private label party
26 in connection with that private label credit program. Such

HB0321- 121 -LRB101 04001 HLH 49009 b
1 information is limited to outstanding balance, available
2 credit, payment and performance and account history,
3 product references, purchase information, and information
4 related to the identity of the customer.
5 (B)(1) For purposes of this paragraph (19) of
6 subsection (b) of Section 48.1, a "private label credit
7 program" means a credit program involving a financial
8 institution and a private label party that is used by a
9 customer of the financial institution and the private label
10 party primarily for payment for goods or services sold,
11 manufactured, or distributed by a private label party.
12 (2) For purposes of this paragraph (19) of subsection
13 (b) of Section 48.1, a "private label party" means, with
14 respect to a private label credit program, any of the
15 following: a retailer, a merchant, a manufacturer, a trade
16 group, or any such person's affiliate, subsidiary, member,
17 agent, or service provider.
18 (20)(A) (a) The furnishing of financial records of a
19 customer to the Department to aid the Department's initial
20 determination or subsequent re-determination of the
21 customer's eligibility for Medicaid and Medicaid long-term
22 care benefits for long-term care services, provided that
23 the bank receives the written consent and authorization of
24 the customer, which shall:
25 (1) have the customer's signature notarized;
26 (2) be signed by at least one witness who certifies

HB0321- 122 -LRB101 04001 HLH 49009 b
1 that he or she believes the customer to be of sound
2 mind and memory;
3 (3) be tendered to the bank at the earliest
4 practicable time following its execution,
5 certification, and notarization;
6 (4) specifically limit the disclosure of the
7 customer's financial records to the Department; and
8 (5) be in substantially the following form:
9
CUSTOMER CONSENT AND AUTHORIZATION
10
FOR RELEASE OF FINANCIAL RECORDS
11I, ......................................., hereby authorize
12 (Name of Customer)
13.............................................................
14(Name of Financial Institution)
15.............................................................
16(Address of Financial Institution)
17to disclose the following financial records:
18any and all information concerning my deposit, savings, money
19market, certificate of deposit, individual retirement,
20retirement plan, 401(k) plan, incentive plan, employee benefit

HB0321- 123 -LRB101 04001 HLH 49009 b
1plan, mutual fund and loan accounts (including, but not limited
2to, any indebtedness or obligation for which I am a
3co-borrower, co-obligor, guarantor, or surety), and any and all
4other accounts in which I have an interest and any other
5information regarding me in the possession of the Financial
6Institution,
7to the Illinois Department of Human Services or the Illinois
8Department of Healthcare and Family Services, or both ("the
9Department"), for the following purpose(s):
10to aid in the initial determination or re-determination by the
11State of Illinois of my eligibility for Medicaid long-term care
12benefits, pursuant to applicable law.
13I understand that this Consent and Authorization may be revoked
14by me in writing at any time before my financial records, as
15described above, are disclosed, and that this Consent and
16Authorization is valid until the Financial Institution
17receives my written revocation. This Consent and Authorization
18shall constitute valid authorization for the Department
19identified above to inspect all such financial records set
20forth above, and to request and receive copies of such
21financial records from the Financial Institution (subject to
22such records search and reproduction reimbursement policies as
23the Financial Institution may have in place). An executed copy

HB0321- 124 -LRB101 04001 HLH 49009 b
1of this Consent and Authorization shall be sufficient and as
2good as the original and permission is hereby granted to honor
3a photostatic or electronic copy of this Consent and
4Authorization. Disclosure is strictly limited to the
5Department identified above and no other person or entity shall
6receive my financial records pursuant to this Consent and
7Authorization. By signing this form, I agree to indemnify and
8hold the Financial Institution harmless from any and all
9claims, demands, and losses, including reasonable attorneys
10fees and expenses, arising from or incurred in its reliance on
11this Consent and Authorization. As used herein, "Customer"
12shall mean "Member" if the Financial Institution is a credit
13union.
14....................... ......................
15(Date) (Signature of Customer)
16 ......................
17 ......................
18 (Address of Customer)
19 ......................
20 (Customer's birth date)
21 (month/day/year)
22The undersigned witness certifies that .................,

HB0321- 125 -LRB101 04001 HLH 49009 b
1known to me to be the same person whose name is subscribed as
2the customer to the foregoing Consent and Authorization,
3appeared before me and the notary public and acknowledged
4signing and delivering the instrument as his or her free and
5voluntary act for the uses and purposes therein set forth. I
6believe him or her to be of sound mind and memory. The
7undersigned witness also certifies that the witness is not an
8owner, operator, or relative of an owner or operator of a
9long-term care facility in which the customer is a patient or
10resident.
11Dated: ................. ......................
12 (Signature of Witness)
13 ......................
14 (Print Name of Witness)
15 ......................
16 ......................
17 (Address of Witness)
18State of Illinois)
19 ) ss.
20County of .......)
21The undersigned, a notary public in and for the above county

HB0321- 126 -LRB101 04001 HLH 49009 b
1and state, certifies that .........., known to me to be the
2same person whose name is subscribed as the customer to the
3foregoing Consent and Authorization, appeared before me
4together with the witness, .........., in person and
5acknowledged signing and delivering the instrument as the free
6and voluntary act of the customer for the uses and purposes
7therein set forth.
8Dated:.......................................................
9Notary Public:...............................................
10My commission expires:.......................................
11 (B) (b) In no event shall the bank distribute the
12 customer's financial records to the long-term care
13 facility from which the customer seeks initial or
14 continuing residency or long-term care services.
15 (C) (c) A bank providing financial records of a
16 customer in good faith relying on a consent and
17 authorization executed and tendered in accordance with
18 this paragraph (20) shall not be liable to the customer or
19 any other person in relation to the bank's disclosure of
20 the customer's financial records to the Department. The
21 customer signing the consent and authorization shall
22 indemnify and hold the bank harmless that relies in good
23 faith upon the consent and authorization and incurs a loss
24 because of such reliance. The bank recovering under this

HB0321- 127 -LRB101 04001 HLH 49009 b
1 indemnification provision shall also be entitled to
2 reasonable attorney's fees and the expenses of recovery.
3 (D) (d) A bank shall be reimbursed by the customer for
4 all costs reasonably necessary and directly incurred in
5 searching for, reproducing, and disclosing a customer's
6 financial records required or requested to be produced
7 pursuant to any consent and authorization executed under
8 this paragraph (20). The requested financial records shall
9 be delivered to the Department within 10 days after
10 receiving a properly executed consent and authorization or
11 at the earliest practicable time thereafter if the
12 requested records cannot be delivered within 10 days, but
13 delivery may be delayed until the final reimbursement of
14 all costs is received by the bank. The bank may honor a
15 photostatic or electronic copy of a properly executed
16 consent and authorization.
17 (E) (e) Nothing in this paragraph (20) shall impair,
18 abridge, or abrogate the right of a customer to:
19 (1) directly disclose his or her financial records
20 to the Department or any other person; or
21 (2) authorize his or her attorney or duly appointed
22 agent to request and obtain the customer's financial
23 records and disclose those financial records to the
24 Department.
25 (F) (f) For purposes of this paragraph (20),
26 "Department" means the Department of Human Services and the

HB0321- 128 -LRB101 04001 HLH 49009 b
1 Department of Healthcare and Family Services or any
2 successor administrative agency of either agency.
3 (b)(1) For purposes of this paragraph (19) of
4 subsection (b) of Section 48.1, a "private label credit
5 program" means a credit program involving a financial
6 institution and a private label party that is used by a
7 customer of the financial institution and the private label
8 party primarily for payment for goods or services sold,
9 manufactured, or distributed by a private label party.
10 (2) For purposes of this paragraph (19) of subsection
11 (b) of Section 48.1, a "private label party" means, with
12 respect to a private label credit program, any of the
13 following: a retailer, a merchant, a manufacturer, a trade
14 group, or any such person's affiliate, subsidiary, member,
15 agent, or service provider.
16 (c) Except as otherwise provided by this Act, a bank may
17not disclose to any person, except to the customer or his duly
18authorized agent, any financial records or financial
19information obtained from financial records relating to that
20customer of that bank unless:
21 (1) the customer has authorized disclosure to the
22 person;
23 (2) the financial records are disclosed in response to
24 a lawful subpoena, summons, warrant, citation to discover
25 assets, or court order which meets the requirements of
26 subsection (d) of this Section; or

HB0321- 129 -LRB101 04001 HLH 49009 b
1 (3) the bank is attempting to collect an obligation
2 owed to the bank and the bank complies with the provisions
3 of Section 2I of the Consumer Fraud and Deceptive Business
4 Practices Act.
5 (d) A bank shall disclose financial records under paragraph
6(2) of subsection (c) of this Section under a lawful subpoena,
7summons, warrant, citation to discover assets, or court order
8only after the bank mails a copy of the subpoena, summons,
9warrant, citation to discover assets, or court order to the
10person establishing the relationship with the bank, if living,
11and, otherwise his personal representative, if known, at his
12last known address by first class mail, postage prepaid, unless
13the bank is specifically prohibited from notifying the person
14by order of court or by applicable State or federal law. A bank
15shall not mail a copy of a subpoena to any person pursuant to
16this subsection if the subpoena was issued by a grand jury
17under the Statewide Grand Jury Act.
18 (e) Any officer or employee of a bank who knowingly and
19willfully furnishes financial records in violation of this
20Section is guilty of a business offense and, upon conviction,
21shall be fined not more than $1,000.
22 (f) Any person who knowingly and willfully induces or
23attempts to induce any officer or employee of a bank to
24disclose financial records in violation of this Section is
25guilty of a business offense and, upon conviction, shall be
26fined not more than $1,000.

HB0321- 130 -LRB101 04001 HLH 49009 b
1 (g) A bank shall be reimbursed for costs that are
2reasonably necessary and that have been directly incurred in
3searching for, reproducing, or transporting books, papers,
4records, or other data required or requested to be produced
5pursuant to a lawful subpoena, summons, warrant, citation to
6discover assets, or court order. The Commissioner shall
7determine the rates and conditions under which payment may be
8made.
9(Source: P.A. 99-143, eff. 7-27-15; 100-22, eff. 1-1-18;
10100-664, eff. 1-1-19; 100-888, eff. 8-14-18; revised
1110-22-18.)
12 (205 ILCS 5/48.3) (from Ch. 17, par. 360.2)
13 Sec. 48.3. Disclosure of reports of examinations and
14confidential supervisory information; limitations.
15 (a) Any report of examination, visitation, or
16investigation prepared by the Secretary under this Act, the
17Electronic Fund Transfer Act, the Corporate Fiduciary Act, the
18Illinois Bank Holding Company Act of 1957, and the Foreign
19Banking Office Act, any report of examination, visitation, or
20investigation prepared by the state regulatory authority of
21another state that examines a branch of an Illinois State bank
22in that state, any document or record prepared or obtained in
23connection with or relating to any examination, visitation, or
24investigation, and any record prepared or obtained by the
25Secretary to the extent that the record summarizes or contains

HB0321- 131 -LRB101 04001 HLH 49009 b
1information derived from any report, document, or record
2described in this subsection shall be deemed "confidential
3supervisory information". Confidential supervisory information
4shall not include any information or record routinely prepared
5by a bank or other financial institution and maintained in the
6ordinary course of business or any information or record that
7is required to be made publicly available pursuant to State or
8federal law or rule. Confidential supervisory information
9shall be the property of the Secretary and shall only be
10disclosed under the circumstances and for the purposes set
11forth in this Section.
12 The Secretary may disclose confidential supervisory
13information only under the following circumstances:
14 (1) The Secretary may furnish confidential supervisory
15 information to the Board of Governors of the Federal
16 Reserve System, the federal reserve bank of the federal
17 reserve district in which the State bank is located or in
18 which the parent or other affiliate of the State bank is
19 located, any official or examiner thereof duly accredited
20 for the purpose, or any other state regulator, federal
21 regulator, or in the case of a foreign bank possessing a
22 certificate of authority pursuant to the Foreign Banking
23 Office Act or a license pursuant to the Foreign Bank
24 Representative Office Act, the bank regulator in the
25 country where the foreign bank is chartered, that the
26 Secretary determines to have an appropriate regulatory

HB0321- 132 -LRB101 04001 HLH 49009 b
1 interest. Nothing contained in this Act shall be construed
2 to limit the obligation of any member State bank to comply
3 with the requirements relative to examinations and reports
4 of the Federal Reserve Act and of the Board of Governors of
5 the Federal Reserve System or the federal reserve bank of
6 the federal reserve district in which the bank is located,
7 nor to limit in any way the powers of the Secretary with
8 reference to examinations and reports.
9 (2) The Secretary may furnish confidential supervisory
10 information to the United States, any agency thereof that
11 has insured a bank's deposits in whole or in part, or any
12 official or examiner thereof duly accredited for the
13 purpose. Nothing contained in this Act shall be construed
14 to limit the obligation relative to examinations and
15 reports of any State bank, deposits in which are to any
16 extent insured by the United States, any agency thereof,
17 nor to limit in any way the powers of the Secretary with
18 reference to examination and reports of such bank.
19 (2.5) The Secretary may furnish confidential
20 supervisory information to a Federal Home Loan Bank in
21 connection with any bank that is a member of the Federal
22 Home Loan Bank or in connection with any application by the
23 bank before the Federal Home Loan Bank. The confidential
24 supervisory information shall remain the property of the
25 Secretary and may not be further disclosed without the
26 Secretary's permission.

HB0321- 133 -LRB101 04001 HLH 49009 b
1 (3) The Secretary may furnish confidential supervisory
2 information to the appropriate law enforcement authorities
3 when the Secretary reasonably believes a bank, which the
4 Secretary has caused to be examined, has been a victim of a
5 crime.
6 (4) The Secretary may furnish confidential supervisory
7 information relating to a bank or other financial
8 institution, which the Secretary has caused to be examined,
9 to be sent to the administrator of the Revised Uniform
10 Disposition of Unclaimed Property Act.
11 (5) The Secretary may furnish confidential supervisory
12 information relating to a bank or other financial
13 institution, which the Secretary has caused to be examined,
14 relating to its performance of obligations under the
15 Illinois Income Tax Act and the Illinois Estate and
16 Generation-Skipping Transfer Tax Act to the Illinois
17 Department of Revenue.
18 (6) The Secretary may furnish confidential supervisory
19 information relating to a bank or other financial
20 institution, which the Secretary has caused to be examined,
21 under the federal Currency and Foreign Transactions
22 Reporting Act, Title 31, United States Code, Section 1051
23 et seq.
24 (6.5) The Secretary may furnish confidential
25 supervisory information to any other agency or entity that
26 the Secretary determines to have a legitimate regulatory

HB0321- 134 -LRB101 04001 HLH 49009 b
1 interest.
2 (7) The Secretary may furnish confidential supervisory
3 information under any other statute that by its terms or by
4 regulations promulgated thereunder requires the disclosure
5 of financial records other than by subpoena, summons,
6 warrant, or court order.
7 (8) At the request of the affected bank or other
8 financial institution, the Secretary may furnish
9 confidential supervisory information relating to a bank or
10 other financial institution, which the Secretary has
11 caused to be examined, in connection with the obtaining of
12 insurance coverage or the pursuit of an insurance claim for
13 or on behalf of the bank or other financial institution;
14 provided that, when possible, the Secretary shall disclose
15 only relevant information while maintaining the
16 confidentiality of financial records not relevant to such
17 insurance coverage or claim and, when appropriate, may
18 delete identifying data relating to any person or
19 individual.
20 (9) The Secretary may furnish a copy of a report of any
21 examination performed by the Secretary of the condition and
22 affairs of any electronic data processing entity to the
23 banks serviced by the electronic data processing entity.
24 (10) In addition to the foregoing circumstances, the
25 Secretary may, but is not required to, furnish confidential
26 supervisory information under the same circumstances

HB0321- 135 -LRB101 04001 HLH 49009 b
1 authorized for the bank or financial institution pursuant
2 to subsection (b) of this Section, except that the
3 Secretary shall provide confidential supervisory
4 information under circumstances described in paragraph (3)
5 of subsection (b) of this Section only upon the request of
6 the bank or other financial institution.
7 (b) A bank or other financial institution or its officers,
8agents, and employees may disclose confidential supervisory
9information only under the following circumstances:
10 (1) to the board of directors of the bank or other
11 financial institution, as well as the president,
12 vice-president, cashier, and other officers of the bank or
13 other financial institution to whom the board of directors
14 may delegate duties with respect to compliance with
15 recommendations for action, and to the board of directors
16 of a bank holding company that owns at least 80% of the
17 outstanding stock of the bank or other financial
18 institution;
19 (2) to attorneys for the bank or other financial
20 institution and to a certified public accountant engaged by
21 the State bank or financial institution to perform an
22 independent audit provided that the attorney or certified
23 public accountant shall not permit the confidential
24 supervisory information to be further disseminated;
25 (3) to any person who seeks to acquire a controlling
26 interest in, or who seeks to merge with, the bank or

HB0321- 136 -LRB101 04001 HLH 49009 b
1 financial institution, provided that all attorneys,
2 certified public accountants, officers, agents, or
3 employees of that person shall agree to be bound to respect
4 the confidentiality of the confidential supervisory
5 information and to not further disseminate the information
6 therein contained;
7 (3.5) to a Federal Home Loan Bank of which it is a
8 member;
9 (4) (blank);
10 (4.5) to any attorney, accountant, consultant, or
11 other professional as needed to comply with any enforcement
12 action issued by the Secretary; or
13 (5) to the bank's insurance company in relation to an
14 insurance claim or the effort by the bank to procure
15 insurance coverage, provided that, when possible, the bank
16 shall disclose only information that is relevant to the
17 insurance claim or that is necessary to procure the
18 insurance coverage, while maintaining the confidentiality
19 of financial information pertaining to customers. When
20 appropriate, the bank may delete identifying data relating
21 to any person.
22 The disclosure of confidential supervisory information by
23a bank or other financial institution pursuant to this
24subsection (b) and the disclosure of information to the
25Secretary or other regulatory agency in connection with any
26examination, visitation, or investigation shall not constitute

HB0321- 137 -LRB101 04001 HLH 49009 b
1a waiver of any legal privilege otherwise available to the bank
2or other financial institution with respect to the information.
3 (c) (1) Notwithstanding any other provision of this Act or
4any other law, confidential supervisory information shall be
5the property of the Secretary and shall be privileged from
6disclosure to any person except as provided in this Section. No
7person in possession of confidential supervisory information
8may disclose that information for any reason or under any
9circumstances not specified in this Section without the prior
10authorization of the Secretary. Any person upon whom a demand
11for production of confidential supervisory information is
12made, whether by subpoena, order, or other judicial or
13administrative process, must withhold production of the
14confidential supervisory information and must notify the
15Secretary of the demand, at which time the Secretary is
16authorized to intervene for the purpose of enforcing the
17limitations of this Section or seeking the withdrawal or
18termination of the attempt to compel production of the
19confidential supervisory information.
20 (2) Any request for discovery or disclosure of confidential
21supervisory information, whether by subpoena, order, or other
22judicial or administrative process, shall be made to the
23Secretary, and the Secretary shall determine within 15 days
24whether to disclose the information pursuant to procedures and
25standards that the Secretary shall establish by rule. If the
26Secretary determines that such information will not be

HB0321- 138 -LRB101 04001 HLH 49009 b
1disclosed, the Secretary's decision shall be subject to
2judicial review under the provisions of the Administrative
3Review Law, and venue shall be in either Sangamon County or
4Cook County.
5 (3) Any court order that compels disclosure of confidential
6supervisory information may be immediately appealed by the
7Secretary, and the order shall be automatically stayed pending
8the outcome of the appeal.
9 (d) If any officer, agent, attorney, or employee of a bank
10or financial institution knowingly and willfully furnishes
11confidential supervisory information in violation of this
12Section, the Secretary may impose a civil monetary penalty up
13to $1,000 for the violation against the officer, agent,
14attorney, or employee.
15(Source: P.A. 100-22, eff 1-1-18; 100-64, eff. 8-11-17;
16100-863, eff. 8-14-18; 100-888, eff. 8-14-18.)
17 (205 ILCS 5/65) (from Ch. 17, par. 377)
18 Sec. 65. Dividends; dissolution. From time to time during a
19receivership other than a receivership conducted by the Federal
20Deposit Insurance Corporation, the Commissioner shall make and
21pay from monies of the bank a ratable dividend on all claims as
22may be proved to his or her satisfaction or adjudicated by the
23court. Claims so proven or adjudicated shall bear interest at
24the rate of 3% per annum from the date of the appointment of
25the receiver to the date of payment, but all dividends on a

HB0321- 139 -LRB101 04001 HLH 49009 b
1claim shall be applied first to principal. In computing the
2amount of any dividend to be paid, if the Commissioner deems it
3desirable in the interests of economy of administration and to
4the interest of the bank and its creditors, he or she may pay
5up to the amount of $10 of each claim or unpaid portion thereof
6in full. As the proceeds of the assets of the bank are
7collected in the course of liquidation, the Commissioner shall
8make and pay further dividends on all claims previously proven
9or adjudicated. After one year from the entry of a judgment of
10dissolution, all unclaimed dividends shall be remitted to the
11State Treasurer in accordance with the Revised Uniform
12Disposition of Unclaimed Property Act, as now or hereafter
13amended, together with a list of all unpaid claimants, their
14last known addresses and the amounts unpaid.
15(Source: P.A. 100-22, eff. 1-1-18.)
16 Section 55. The Savings Bank Act is amended by changing
17Sections 4013, 9012, and 10090 as follows:
18 (205 ILCS 205/4013) (from Ch. 17, par. 7304-13)
19 Sec. 4013. Access to books and records; communication with
20members and shareholders.
21 (a) Every member or shareholder shall have the right to
22inspect books and records of the savings bank that pertain to
23his accounts. Otherwise, the right of inspection and
24examination of the books and records shall be limited as

HB0321- 140 -LRB101 04001 HLH 49009 b
1provided in this Act, and no other person shall have access to
2the books and records nor shall be entitled to a list of the
3members or shareholders.
4 (b) For the purpose of this Section, the term "financial
5records" means any original, any copy, or any summary of (1) a
6document granting signature authority over a deposit or
7account; (2) a statement, ledger card, or other record on any
8deposit or account that shows each transaction in or with
9respect to that account; (3) a check, draft, or money order
10drawn on a savings bank or issued and payable by a savings
11bank; or (4) any other item containing information pertaining
12to any relationship established in the ordinary course of a
13savings bank's business between a savings bank and its
14customer, including financial statements or other financial
15information provided by the member or shareholder.
16 (c) This Section does not prohibit:
17 (1) The preparation, examination, handling, or
18 maintenance of any financial records by any officer,
19 employee, or agent of a savings bank having custody of
20 records or examination of records by a certified public
21 accountant engaged by the savings bank to perform an
22 independent audit.
23 (2) The examination of any financial records by, or the
24 furnishing of financial records by a savings bank to, any
25 officer, employee, or agent of the Commissioner of Banks
26 and Real Estate or the federal depository institution

HB0321- 141 -LRB101 04001 HLH 49009 b
1 regulator for use solely in the exercise of his duties as
2 an officer, employee, or agent.
3 (3) The publication of data furnished from financial
4 records relating to members or holders of capital where the
5 data cannot be identified to any particular member,
6 shareholder, or account.
7 (4) The making of reports or returns required under
8 Chapter 61 of the Internal Revenue Code of 1986.
9 (5) Furnishing information concerning the dishonor of
10 any negotiable instrument permitted to be disclosed under
11 the Uniform Commercial Code.
12 (6) The exchange in the regular course of business of
13 (i) credit information between a savings bank and other
14 savings banks or financial institutions or commercial
15 enterprises, directly or through a consumer reporting
16 agency or (ii) financial records or information derived
17 from financial records between a savings bank and other
18 savings banks or financial institutions or commercial
19 enterprises for the purpose of conducting due diligence
20 pursuant to a purchase or sale involving the savings bank
21 or assets or liabilities of the savings bank.
22 (7) The furnishing of information to the appropriate
23 law enforcement authorities where the savings bank
24 reasonably believes it has been the victim of a crime.
25 (8) The furnishing of information pursuant to the
26 Revised Uniform Disposition of Unclaimed Property Act.

HB0321- 142 -LRB101 04001 HLH 49009 b
1 (9) The furnishing of information pursuant to the
2 Illinois Income Tax Act and the Illinois Estate and
3 Generation-Skipping Transfer Tax Act.
4 (10) The furnishing of information pursuant to the
5 federal Currency and Foreign Transactions Reporting Act,
6 (Title 31, United States Code, Section 1051 et seq.).
7 (11) The furnishing of information pursuant to any
8 other statute which by its terms or by regulations
9 promulgated thereunder requires the disclosure of
10 financial records other than by subpoena, summons,
11 warrant, or court order.
12 (12) The furnishing of information in accordance with
13 the federal Personal Responsibility and Work Opportunity
14 Reconciliation Act of 1996. Any savings bank governed by
15 this Act shall enter into an agreement for data exchanges
16 with a State agency provided the State agency pays to the
17 savings bank a reasonable fee not to exceed its actual cost
18 incurred. A savings bank providing information in
19 accordance with this item shall not be liable to any
20 account holder or other person for any disclosure of
21 information to a State agency, for encumbering or
22 surrendering any assets held by the savings bank in
23 response to a lien or order to withhold and deliver issued
24 by a State agency, or for any other action taken pursuant
25 to this item, including individual or mechanical errors,
26 provided the action does not constitute gross negligence or

HB0321- 143 -LRB101 04001 HLH 49009 b
1 willful misconduct. A savings bank shall have no obligation
2 to hold, encumber, or surrender assets until it has been
3 served with a subpoena, summons, warrant, court or
4 administrative order, lien, or levy.
5 (13) The furnishing of information to law enforcement
6 authorities, the Illinois Department on Aging and its
7 regional administrative and provider agencies, the
8 Department of Human Services Office of Inspector General,
9 or public guardians: (i) upon subpoena by the investigatory
10 entity or the guardian, or (ii) if there is suspicion by
11 the savings bank that a customer who is an elderly person
12 or person with a disability has been or may become the
13 victim of financial exploitation. For the purposes of this
14 item (13), the term: (i) "elderly person" means a person
15 who is 60 or more years of age, (ii) "person with a
16 disability" means a person who has or reasonably appears to
17 the savings bank to have a physical or mental disability
18 that impairs his or her ability to seek or obtain
19 protection from or prevent financial exploitation, and
20 (iii) "financial exploitation" means tortious or illegal
21 use of the assets or resources of an elderly person or
22 person with a disability, and includes, without
23 limitation, misappropriation of the assets or resources of
24 the elderly person or person with a disability by undue
25 influence, breach of fiduciary relationship, intimidation,
26 fraud, deception, extortion, or the use of assets or

HB0321- 144 -LRB101 04001 HLH 49009 b
1 resources in any manner contrary to law. A savings bank or
2 person furnishing information pursuant to this item (13)
3 shall be entitled to the same rights and protections as a
4 person furnishing information under the Adult Protective
5 Services Act and the Illinois Domestic Violence Act of
6 1986.
7 (14) The disclosure of financial records or
8 information as necessary to effect, administer, or enforce
9 a transaction requested or authorized by the member or
10 holder of capital, or in connection with:
11 (A) servicing or processing a financial product or
12 service requested or authorized by the member or holder
13 of capital;
14 (B) maintaining or servicing an account of a member
15 or holder of capital with the savings bank; or
16 (C) a proposed or actual securitization or
17 secondary market sale (including sales of servicing
18 rights) related to a transaction of a member or holder
19 of capital.
20 Nothing in this item (14), however, authorizes the sale
21 of the financial records or information of a member or
22 holder of capital without the consent of the member or
23 holder of capital.
24 (15) The exchange in the regular course of business of
25 information between a savings bank and any commonly owned
26 affiliate of the savings bank, subject to the provisions of

HB0321- 145 -LRB101 04001 HLH 49009 b
1 the Financial Institutions Insurance Sales Law.
2 (16) The disclosure of financial records or
3 information as necessary to protect against or prevent
4 actual or potential fraud, unauthorized transactions,
5 claims, or other liability.
6 (17)(a) The disclosure of financial records or
7 information related to a private label credit program
8 between a financial institution and a private label party
9 in connection with that private label credit program. Such
10 information is limited to outstanding balance, available
11 credit, payment and performance and account history,
12 product references, purchase information, and information
13 related to the identity of the customer.
14 (b)(1) For purposes of this paragraph (17) of
15 subsection (c) of Section 4013, a "private label credit
16 program" means a credit program involving a financial
17 institution and a private label party that is used by a
18 customer of the financial institution and the private label
19 party primarily for payment for goods or services sold,
20 manufactured, or distributed by a private label party.
21 (2) For purposes of this paragraph (17) of subsection
22 (c) of Section 4013, a "private label party" means, with
23 respect to a private label credit program, any of the
24 following: a retailer, a merchant, a manufacturer, a trade
25 group, or any such person's affiliate, subsidiary, member,
26 agent, or service provider.

HB0321- 146 -LRB101 04001 HLH 49009 b
1 (18)(a) The furnishing of financial records of a
2 customer to the Department to aid the Department's initial
3 determination or subsequent re-determination of the
4 customer's eligibility for Medicaid and Medicaid long-term
5 care benefits for long-term care services, provided that
6 the savings bank receives the written consent and
7 authorization of the customer, which shall:
8 (1) have the customer's signature notarized;
9 (2) be signed by at least one witness who certifies
10 that he or she believes the customer to be of sound
11 mind and memory;
12 (3) be tendered to the savings bank at the earliest
13 practicable time following its execution,
14 certification, and notarization;
15 (4) specifically limit the disclosure of the
16 customer's financial records to the Department; and
17 (5) be in substantially the following form:
18
CUSTOMER CONSENT AND AUTHORIZATION
19
FOR RELEASE OF FINANCIAL RECORDS
20I, ......................................., hereby authorize
21 (Name of Customer)
22.............................................................
23(Name of Financial Institution)

HB0321- 147 -LRB101 04001 HLH 49009 b
1.............................................................
2(Address of Financial Institution)
3to disclose the following financial records:
4any and all information concerning my deposit, savings, money
5market, certificate of deposit, individual retirement,
6retirement plan, 401(k) plan, incentive plan, employee benefit
7plan, mutual fund and loan accounts (including, but not limited
8to, any indebtedness or obligation for which I am a
9co-borrower, co-obligor, guarantor, or surety), and any and all
10other accounts in which I have an interest and any other
11information regarding me in the possession of the Financial
12Institution,
13to the Illinois Department of Human Services or the Illinois
14Department of Healthcare and Family Services, or both ("the
15Department"), for the following purpose(s):
16to aid in the initial determination or re-determination by the
17State of Illinois of my eligibility for Medicaid long-term care
18benefits, pursuant to applicable law.
19I understand that this Consent and Authorization may be revoked
20by me in writing at any time before my financial records, as

HB0321- 148 -LRB101 04001 HLH 49009 b
1described above, are disclosed, and that this Consent and
2Authorization is valid until the Financial Institution
3receives my written revocation. This Consent and Authorization
4shall constitute valid authorization for the Department
5identified above to inspect all such financial records set
6forth above, and to request and receive copies of such
7financial records from the Financial Institution (subject to
8such records search and reproduction reimbursement policies as
9the Financial Institution may have in place). An executed copy
10of this Consent and Authorization shall be sufficient and as
11good as the original and permission is hereby granted to honor
12a photostatic or electronic copy of this Consent and
13Authorization. Disclosure is strictly limited to the
14Department identified above and no other person or entity shall
15receive my financial records pursuant to this Consent and
16Authorization. By signing this form, I agree to indemnify and
17hold the Financial Institution harmless from any and all
18claims, demands, and losses, including reasonable attorneys
19fees and expenses, arising from or incurred in its reliance on
20this Consent and Authorization. As used herein, "Customer"
21shall mean "Member" if the Financial Institution is a credit
22union.
23....................... ......................
24(Date) (Signature of Customer)

HB0321- 149 -LRB101 04001 HLH 49009 b
1 ......................
2 ......................
3 (Address of Customer)
4 ......................
5 (Customer's birth date)
6 (month/day/year)
7The undersigned witness certifies that .................,
8known to me to be the same person whose name is subscribed as
9the customer to the foregoing Consent and Authorization,
10appeared before me and the notary public and acknowledged
11signing and delivering the instrument as his or her free and
12voluntary act for the uses and purposes therein set forth. I
13believe him or her to be of sound mind and memory. The
14undersigned witness also certifies that the witness is not an
15owner, operator, or relative of an owner or operator of a
16long-term care facility in which the customer is a patient or
17resident.
18Dated: ................. ......................
19 (Signature of Witness)
20 ......................
21 (Print Name of Witness)

HB0321- 150 -LRB101 04001 HLH 49009 b
1 ......................
2 ......................
3 (Address of Witness)
4State of Illinois)
5 ) ss.
6County of .......)
7The undersigned, a notary public in and for the above county
8and state, certifies that .........., known to me to be the
9same person whose name is subscribed as the customer to the
10foregoing Consent and Authorization, appeared before me
11together with the witness, .........., in person and
12acknowledged signing and delivering the instrument as the free
13and voluntary act of the customer for the uses and purposes
14therein set forth.
15Dated:.......................................................
16Notary Public:...............................................
17My commission expires:.......................................
18 (b) In no event shall the savings bank distribute the
19 customer's financial records to the long-term care
20 facility from which the customer seeks initial or
21 continuing residency or long-term care services.
22 (c) A savings bank providing financial records of a

HB0321- 151 -LRB101 04001 HLH 49009 b
1 customer in good faith relying on a consent and
2 authorization executed and tendered in accordance with
3 this paragraph (18) shall not be liable to the customer or
4 any other person in relation to the savings bank's
5 disclosure of the customer's financial records to the
6 Department. The customer signing the consent and
7 authorization shall indemnify and hold the savings bank
8 harmless that relies in good faith upon the consent and
9 authorization and incurs a loss because of such reliance.
10 The savings bank recovering under this indemnification
11 provision shall also be entitled to reasonable attorney's
12 fees and the expenses of recovery.
13 (d) A savings bank shall be reimbursed by the customer
14 for all costs reasonably necessary and directly incurred in
15 searching for, reproducing, and disclosing a customer's
16 financial records required or requested to be produced
17 pursuant to any consent and authorization executed under
18 this paragraph (18). The requested financial records shall
19 be delivered to the Department within 10 days after
20 receiving a properly executed consent and authorization or
21 at the earliest practicable time thereafter if the
22 requested records cannot be delivered within 10 days, but
23 delivery may be delayed until the final reimbursement of
24 all costs is received by the savings bank. The savings bank
25 may honor a photostatic or electronic copy of a properly
26 executed consent and authorization.

HB0321- 152 -LRB101 04001 HLH 49009 b
1 (e) Nothing in this paragraph (18) shall impair,
2 abridge, or abrogate the right of a customer to:
3 (1) directly disclose his or her financial records
4 to the Department or any other person; or
5 (2) authorize his or her attorney or duly appointed
6 agent to request and obtain the customer's financial
7 records and disclose those financial records to the
8 Department.
9 (f) For purposes of this paragraph (18), "Department"
10 means the Department of Human Services and the Department
11 of Healthcare and Family Services or any successor
12 administrative agency of either agency.
13 (d) A savings bank may not disclose to any person, except
14to the member or holder of capital or his duly authorized
15agent, any financial records relating to that member or
16shareholder of the savings bank unless:
17 (1) the member or shareholder has authorized
18 disclosure to the person; or
19 (2) the financial records are disclosed in response to
20 a lawful subpoena, summons, warrant, citation to discover
21 assets, or court order that meets the requirements of
22 subsection (e) of this Section.
23 (e) A savings bank shall disclose financial records under
24subsection (d) of this Section pursuant to a lawful subpoena,
25summons, warrant, citation to discover assets, or court order
26only after the savings bank mails a copy of the subpoena,

HB0321- 153 -LRB101 04001 HLH 49009 b
1summons, warrant, citation to discover assets, or court order
2to the person establishing the relationship with the savings
3bank, if living, and otherwise, his personal representative, if
4known, at his last known address by first class mail, postage
5prepaid, unless the savings bank is specifically prohibited
6from notifying the person by order of court.
7 (f) Any officer or employee of a savings bank who knowingly
8and willfully furnishes financial records in violation of this
9Section is guilty of a business offense and, upon conviction,
10shall be fined not more than $1,000.
11 (g) Any person who knowingly and willfully induces or
12attempts to induce any officer or employee of a savings bank to
13disclose financial records in violation of this Section is
14guilty of a business offense and, upon conviction, shall be
15fined not more than $1,000.
16 (h) If any member or shareholder desires to communicate
17with the other members or shareholders of the savings bank with
18reference to any question pending or to be presented at an
19annual or special meeting, the savings bank shall give that
20person, upon request, a statement of the approximate number of
21members or shareholders entitled to vote at the meeting and an
22estimate of the cost of preparing and mailing the
23communication. The requesting member shall submit the
24communication to the Commissioner who, upon finding it to be
25appropriate and truthful, shall direct that it be prepared and
26mailed to the members upon the requesting member's or

HB0321- 154 -LRB101 04001 HLH 49009 b
1shareholder's payment or adequate provision for payment of the
2expenses of preparation and mailing.
3 (i) A savings bank shall be reimbursed for costs that are
4necessary and that have been directly incurred in searching
5for, reproducing, or transporting books, papers, records, or
6other data of a customer required to be reproduced pursuant to
7a lawful subpoena, warrant, citation to discover assets, or
8court order.
9 (j) Notwithstanding the provisions of this Section, a
10savings bank may sell or otherwise make use of lists of
11customers' names and addresses. All other information
12regarding a customer's account is subject to the disclosure
13provisions of this Section. At the request of any customer,
14that customer's name and address shall be deleted from any list
15that is to be sold or used in any other manner beyond
16identification of the customer's accounts.
17(Source: P.A. 99-143, eff. 7-27-15; 100-22, eff. 1-1-18;
18100-201, eff. 8-18-17; 100-664, eff. 1-1-19.)
19 (205 ILCS 205/9012) (from Ch. 17, par. 7309-12)
20 Sec. 9012. Disclosure of reports of examinations and
21confidential supervisory information; limitations.
22 (a) Any report of examination, visitation, or
23investigation prepared by the Secretary under this Act, any
24report of examination, visitation, or investigation prepared
25by the state regulatory authority of another state that

HB0321- 155 -LRB101 04001 HLH 49009 b
1examines a branch of an Illinois State savings bank in that
2state, any document or record prepared or obtained in
3connection with or relating to any examination, visitation, or
4investigation, and any record prepared or obtained by the
5Secretary to the extent that the record summarizes or contains
6information derived from any report, document, or record
7described in this subsection shall be deemed confidential
8supervisory information. "Confidential supervisory
9information" shall not include any information or record
10routinely prepared by a savings bank and maintained in the
11ordinary course of business or any information or record that
12is required to be made publicly available pursuant to State or
13federal law or rule. Confidential supervisory information
14shall be the property of the Secretary and shall only be
15disclosed under the circumstances and for the purposes set
16forth in this Section.
17 The Secretary may disclose confidential supervisory
18information only under the following circumstances:
19 (1) The Secretary may furnish confidential supervisory
20 information to federal and state depository institution
21 regulators, or any official or examiner thereof duly
22 accredited for the purpose. Nothing contained in this Act
23 shall be construed to limit the obligation of any savings
24 bank to comply with the requirements relative to
25 examinations and reports nor to limit in any way the powers
26 of the Secretary relative to examinations and reports.

HB0321- 156 -LRB101 04001 HLH 49009 b
1 (2) The Secretary may furnish confidential supervisory
2 information to the United States or any agency thereof that
3 to any extent has insured a savings bank's deposits, or any
4 official or examiner thereof duly accredited for the
5 purpose. Nothing contained in this Act shall be construed
6 to limit the obligation relative to examinations and
7 reports of any savings bank in which deposits are to any
8 extent insured by the United States or any agency thereof
9 nor to limit in any way the powers of the Secretary with
10 reference to examination and reports of the savings bank.
11 (2.5) The Secretary may furnish confidential
12 supervisory information to a Federal Home Loan Bank in
13 connection with any savings bank that is a member of the
14 Federal Home Loan Bank or in connection with any
15 application by the savings bank before the Federal Home
16 Loan Bank. The confidential supervisory information shall
17 remain the property of the Secretary and may not be further
18 disclosed without the Secretary's permission.
19 (3) The Secretary may furnish confidential supervisory
20 information to the appropriate law enforcement authorities
21 when the Secretary reasonably believes a savings bank,
22 which the Secretary has caused to be examined, has been a
23 victim of a crime.
24 (4) The Secretary may furnish confidential supervisory
25 information related to a savings bank, which the Secretary
26 has caused to be examined, to the administrator of the

HB0321- 157 -LRB101 04001 HLH 49009 b
1 Revised Uniform Disposition of Unclaimed Property Act.
2 (5) The Secretary may furnish confidential supervisory
3 information relating to a savings bank, which the Secretary
4 has caused to be examined, relating to its performance of
5 obligations under the Illinois Income Tax Act and the
6 Illinois Estate and Generation-Skipping Transfer Tax Act
7 to the Illinois Department of Revenue.
8 (6) The Secretary may furnish confidential supervisory
9 information relating to a savings bank, which the Secretary
10 has caused to be examined, under the federal Currency and
11 Foreign Transactions Reporting Act, 31 United States Code,
12 Section 1051 et seq.
13 (7) The Secretary may furnish confidential supervisory
14 information to any other agency or entity that the
15 Secretary determines to have a legitimate regulatory
16 interest.
17 (8) The Secretary may furnish confidential supervisory
18 information as otherwise permitted or required by this Act
19 and may furnish confidential supervisory information under
20 any other statute that by its terms or by regulations
21 promulgated thereunder requires the disclosure of
22 financial records other than by subpoena, summons,
23 warrant, or court order.
24 (9) At the request of the affected savings bank, the
25 Secretary may furnish confidential supervisory information
26 relating to the savings bank, which the Secretary has

HB0321- 158 -LRB101 04001 HLH 49009 b
1 caused to be examined, in connection with the obtaining of
2 insurance coverage or the pursuit of an insurance claim for
3 or on behalf of the savings bank; provided that, when
4 possible, the Secretary shall disclose only relevant
5 information while maintaining the confidentiality of
6 financial records not relevant to such insurance coverage
7 or claim and, when appropriate, may delete identifying data
8 relating to any person.
9 (10) The Secretary may furnish a copy of a report of
10 any examination performed by the Secretary of the condition
11 and affairs of any electronic data processing entity to the
12 savings banks serviced by the electronic data processing
13 entity.
14 (11) In addition to the foregoing circumstances, the
15 Secretary may, but is not required to, furnish confidential
16 supervisory information under the same circumstances
17 authorized for the savings bank pursuant to subsection (b)
18 of this Section, except that the Secretary shall provide
19 confidential supervisory information under circumstances
20 described in paragraph (3) of subsection (b) of this
21 Section only upon the request of the savings bank.
22 (b) A savings bank or its officers, agents, and employees
23may disclose confidential supervisory information only under
24the following circumstances:
25 (1) to the board of directors of the savings bank, as
26 well as the president, vice-president, cashier, and other

HB0321- 159 -LRB101 04001 HLH 49009 b
1 officers of the savings bank to whom the board of directors
2 may delegate duties with respect to compliance with
3 recommendations for action, and to the board of directors
4 of a savings bank holding company that owns at least 80% of
5 the outstanding stock of the savings bank or other
6 financial institution.
7 (2) to attorneys for the savings bank and to a
8 certified public accountant engaged by the savings bank to
9 perform an independent audit; provided that the attorney or
10 certified public accountant shall not permit the
11 confidential supervisory information to be further
12 disseminated.
13 (3) to any person who seeks to acquire a controlling
14 interest in, or who seeks to merge with, the savings bank;
15 provided that the person shall agree to be bound to respect
16 the confidentiality of the confidential supervisory
17 information and to not further disseminate the information
18 other than to attorneys, certified public accountants,
19 officers, agents, or employees of that person who likewise
20 shall agree to be bound to respect the confidentiality of
21 the confidential supervisory information and to not
22 further disseminate the information.
23 (4) to the savings bank's insurance company, if the
24 supervisory information contains information that is
25 otherwise unavailable and is strictly necessary to
26 obtaining insurance coverage or pursuing an insurance

HB0321- 160 -LRB101 04001 HLH 49009 b
1 claim for or on behalf of the savings bank; provided that,
2 when possible, the savings bank shall disclose only
3 information that is relevant to obtaining insurance
4 coverage or pursuing an insurance claim, while maintaining
5 the confidentiality of financial information pertaining to
6 customers; and provided further that, when appropriate,
7 the savings bank may delete identifying data relating to
8 any person.
9 (5) to a Federal Home Loan Bank of which it is a
10 member.
11 (6) to any attorney, accountant, consultant, or other
12 professional as needed to comply with an enforcement action
13 issued by the Secretary.
14 The disclosure of confidential supervisory information by
15a savings bank pursuant to this subsection (b) and the
16disclosure of information to the Secretary or other regulatory
17agency in connection with any examination, visitation, or
18investigation shall not constitute a waiver of any legal
19privilege otherwise available to the savings bank with respect
20to the information.
21 (c)(1) Notwithstanding any other provision of this Act or
22any other law, confidential supervisory information shall be
23the property of the Secretary and shall be privileged from
24disclosure to any person except as provided in this Section. No
25person in possession of confidential supervisory information
26may disclose that information for any reason or under any

HB0321- 161 -LRB101 04001 HLH 49009 b
1circumstances not specified in this Section without the prior
2authorization of the Secretary. Any person upon whom a demand
3for production of confidential supervisory information is
4made, whether by subpoena, order, or other judicial or
5administrative process, must withhold production of the
6confidential supervisory information and must notify the
7Secretary of the demand, at which time the Secretary is
8authorized to intervene for the purpose of enforcing the
9limitations of this Section or seeking the withdrawal or
10termination of the attempt to compel production of the
11confidential supervisory information.
12 (2) Any request for discovery or disclosure of confidential
13supervisory information, whether by subpoena, order, or other
14judicial or administrative process, shall be made to the
15Secretary, and the Secretary shall determine within 15 days
16whether to disclose the information pursuant to procedures and
17standards that the Secretary shall establish by rule. If the
18Secretary determines that such information will not be
19disclosed, the Secretary's decision shall be subject to
20judicial review under the provisions of the Administrative
21Review Law, and venue shall be in either Sangamon County or
22Cook County.
23 (3) Any court order that compels disclosure of confidential
24supervisory information may be immediately appealed by the
25Secretary, and the order shall be automatically stayed pending
26the outcome of the appeal.

HB0321- 162 -LRB101 04001 HLH 49009 b
1 (d) If any officer, agent, attorney, or employee of a
2savings bank knowingly and willfully furnishes confidential
3supervisory information in violation of this Section, the
4Secretary may impose a civil monetary penalty up to $1,000 for
5the violation against the officer, agent, attorney, or
6employee.
7 (e) Subject to the limits of this Section, the Secretary
8also may promulgate regulations to set procedures and standards
9for disclosure of the following items:
10 (1) All fixed orders and opinions made in cases of
11 appeals of the Secretary's actions.
12 (2) Statements of policy and interpretations adopted
13 by the Secretary's office, but not otherwise made public.
14 (3) Nonconfidential portions of application files,
15 including applications for new charters. The Secretary
16 shall specify by rule as to what part of the files are
17 confidential.
18 (4) Quarterly reports of income, deposits, and
19 financial condition.
20(Source: P.A. 100-22, eff. 1-1-18; 100-64, eff. 8-11-17;
21100-863, eff. 8-14-18; 100-888, eff. 8-14-18.)
22 (205 ILCS 205/10090)
23 Sec. 10090. Dividends; dissolution. From time to time
24during a receivership other than a receivership conducted by
25the Federal Deposit Insurance Corporation, the Secretary shall

HB0321- 163 -LRB101 04001 HLH 49009 b
1make and pay from moneys of the savings bank a ratable dividend
2on all claims as may be proved to his or her satisfaction or
3adjudicated by the court. Claims so proven or adjudicated shall
4bear interest at the rate of 3% per annum from the date of the
5appointment of the receiver to the date of payment, but all
6dividends on a claim shall be applied first to principal. In
7computing the amount of any dividend to be paid, if the
8Secretary deems it desirable in the interests of economy of
9administration and to the interest of the savings bank and its
10creditors, he or she may pay up to the amount of $10 of each
11claim or unpaid portion thereof in full. As the proceeds of the
12assets of the savings bank are collected in the course of
13liquidation, the Secretary shall make and pay further dividends
14on all claims previously proven or adjudicated. After one year
15from the entry of a judgment of dissolution, all unclaimed
16dividends shall be remitted to the State Treasurer in
17accordance with the Revised Uniform Disposition of Unclaimed
18Property Act, as now or hereafter amended, together with a list
19of all unpaid claimants, their last known addresses and the
20amounts unpaid.
21(Source: P.A. 100-22, eff. 1-1-18.)
22 Section 60. The Illinois Credit Union Act is amended by
23changing Sections 10 and 62 as follows:
24 (205 ILCS 305/10) (from Ch. 17, par. 4411)

HB0321- 164 -LRB101 04001 HLH 49009 b
1 Sec. 10. Credit union records; member financial records.
2 (1) A credit union shall establish and maintain books,
3records, accounting systems and procedures which accurately
4reflect its operations and which enable the Department to
5readily ascertain the true financial condition of the credit
6union and whether it is complying with this Act.
7 (2) A photostatic or photographic reproduction of any
8credit union records shall be admissible as evidence of
9transactions with the credit union.
10 (3)(a) For the purpose of this Section, the term "financial
11records" means any original, any copy, or any summary of (1) a
12document granting signature authority over an account, (2) a
13statement, ledger card or other record on any account which
14shows each transaction in or with respect to that account, (3)
15a check, draft or money order drawn on a financial institution
16or other entity or issued and payable by or through a financial
17institution or other entity, or (4) any other item containing
18information pertaining to any relationship established in the
19ordinary course of business between a credit union and its
20member, including financial statements or other financial
21information provided by the member.
22 (b) This Section does not prohibit:
23 (1) The preparation, examination, handling or
24 maintenance of any financial records by any officer,
25 employee or agent of a credit union having custody of such
26 records, or the examination of such records by a certified

HB0321- 165 -LRB101 04001 HLH 49009 b
1 public accountant engaged by the credit union to perform an
2 independent audit.
3 (2) The examination of any financial records by or the
4 furnishing of financial records by a credit union to any
5 officer, employee or agent of the Department, the National
6 Credit Union Administration, Federal Reserve board or any
7 insurer of share accounts for use solely in the exercise of
8 his duties as an officer, employee or agent.
9 (3) The publication of data furnished from financial
10 records relating to members where the data cannot be
11 identified to any particular customer of account.
12 (4) The making of reports or returns required under
13 Chapter 61 of the Internal Revenue Code of 1954.
14 (5) Furnishing information concerning the dishonor of
15 any negotiable instrument permitted to be disclosed under
16 the Uniform Commercial Code.
17 (6) The exchange in the regular course of business of
18 (i) credit information between a credit union and other
19 credit unions or financial institutions or commercial
20 enterprises, directly or through a consumer reporting
21 agency or (ii) financial records or information derived
22 from financial records between a credit union and other
23 credit unions or financial institutions or commercial
24 enterprises for the purpose of conducting due diligence
25 pursuant to a merger or a purchase or sale of assets or
26 liabilities of the credit union.

HB0321- 166 -LRB101 04001 HLH 49009 b
1 (7) The furnishing of information to the appropriate
2 law enforcement authorities where the credit union
3 reasonably believes it has been the victim of a crime.
4 (8) The furnishing of information pursuant to the
5 Revised Uniform Disposition of Unclaimed Property Act.
6 (9) The furnishing of information pursuant to the
7 Illinois Income Tax Act and the Illinois Estate and
8 Generation-Skipping Transfer Tax Act.
9 (10) The furnishing of information pursuant to the
10 federal "Currency and Foreign Transactions Reporting Act",
11 Title 31, United States Code, Section 1051 et sequentia.
12 (11) The furnishing of information pursuant to any
13 other statute which by its terms or by regulations
14 promulgated thereunder requires the disclosure of
15 financial records other than by subpoena, summons, warrant
16 or court order.
17 (12) The furnishing of information in accordance with
18 the federal Personal Responsibility and Work Opportunity
19 Reconciliation Act of 1996. Any credit union governed by
20 this Act shall enter into an agreement for data exchanges
21 with a State agency provided the State agency pays to the
22 credit union a reasonable fee not to exceed its actual cost
23 incurred. A credit union providing information in
24 accordance with this item shall not be liable to any
25 account holder or other person for any disclosure of
26 information to a State agency, for encumbering or

HB0321- 167 -LRB101 04001 HLH 49009 b
1 surrendering any assets held by the credit union in
2 response to a lien or order to withhold and deliver issued
3 by a State agency, or for any other action taken pursuant
4 to this item, including individual or mechanical errors,
5 provided the action does not constitute gross negligence or
6 willful misconduct. A credit union shall have no obligation
7 to hold, encumber, or surrender assets until it has been
8 served with a subpoena, summons, warrant, court or
9 administrative order, lien, or levy.
10 (13) The furnishing of information to law enforcement
11 authorities, the Illinois Department on Aging and its
12 regional administrative and provider agencies, the
13 Department of Human Services Office of Inspector General,
14 or public guardians: (i) upon subpoena by the investigatory
15 entity or the guardian, or (ii) if there is suspicion by
16 the credit union that a member who is an elderly person or
17 person with a disability has been or may become the victim
18 of financial exploitation. For the purposes of this item
19 (13), the term: (i) "elderly person" means a person who is
20 60 or more years of age, (ii) "person with a disability"
21 means a person who has or reasonably appears to the credit
22 union to have a physical or mental disability that impairs
23 his or her ability to seek or obtain protection from or
24 prevent financial exploitation, and (iii) "financial
25 exploitation" means tortious or illegal use of the assets
26 or resources of an elderly person or person with a

HB0321- 168 -LRB101 04001 HLH 49009 b
1 disability, and includes, without limitation,
2 misappropriation of the elderly or disabled person's
3 assets or resources by undue influence, breach of fiduciary
4 relationship, intimidation, fraud, deception, extortion,
5 or the use of assets or resources in any manner contrary to
6 law. A credit union or person furnishing information
7 pursuant to this item (13) shall be entitled to the same
8 rights and protections as a person furnishing information
9 under the Adult Protective Services Act and the Illinois
10 Domestic Violence Act of 1986.
11 (14) The disclosure of financial records or
12 information as necessary to effect, administer, or enforce
13 a transaction requested or authorized by the member, or in
14 connection with:
15 (A) servicing or processing a financial product or
16 service requested or authorized by the member;
17 (B) maintaining or servicing a member's account
18 with the credit union; or
19 (C) a proposed or actual securitization or
20 secondary market sale (including sales of servicing
21 rights) related to a transaction of a member.
22 Nothing in this item (14), however, authorizes the sale
23 of the financial records or information of a member without
24 the consent of the member.
25 (15) The disclosure of financial records or
26 information as necessary to protect against or prevent

HB0321- 169 -LRB101 04001 HLH 49009 b
1 actual or potential fraud, unauthorized transactions,
2 claims, or other liability.
3 (16)(a) The disclosure of financial records or
4 information related to a private label credit program
5 between a financial institution and a private label party
6 in connection with that private label credit program. Such
7 information is limited to outstanding balance, available
8 credit, payment and performance and account history,
9 product references, purchase information, and information
10 related to the identity of the customer.
11 (b)(1) For purposes of this item paragraph (16) of
12 subsection (b) of Section 10, a "private label credit
13 program" means a credit program involving a financial
14 institution and a private label party that is used by a
15 customer of the financial institution and the private label
16 party primarily for payment for goods or services sold,
17 manufactured, or distributed by a private label party.
18 (2) For purposes of this item paragraph (16) of
19 subsection (b) of Section 10, a "private label party"
20 means, with respect to a private label credit program, any
21 of the following: a retailer, a merchant, a manufacturer, a
22 trade group, or any such person's affiliate, subsidiary,
23 member, agent, or service provider.
24 (17)(a) The furnishing of financial records of a member
25 to the Department to aid the Department's initial
26 determination or subsequent re-determination of the

HB0321- 170 -LRB101 04001 HLH 49009 b
1 member's eligibility for Medicaid and Medicaid long-term
2 care benefits for long-term care services, provided that
3 the credit union receives the written consent and
4 authorization of the member, which shall:
5 (1) have the member's signature notarized;
6 (2) be signed by at least one witness who certifies
7 that he or she believes the member to be of sound mind
8 and memory;
9 (3) be tendered to the credit union at the earliest
10 practicable time following its execution,
11 certification, and notarization;
12 (4) specifically limit the disclosure of the
13 member's financial records to the Department; and
14 (5) be in substantially the following form:
15
CUSTOMER CONSENT AND AUTHORIZATION
16
FOR RELEASE OF FINANCIAL RECORDS
17I, ......................................., hereby authorize
18 (Name of Customer)
19.............................................................
20(Name of Financial Institution)
21.............................................................
22(Address of Financial Institution)

HB0321- 171 -LRB101 04001 HLH 49009 b
1to disclose the following financial records:
2any and all information concerning my deposit, savings, money
3market, certificate of deposit, individual retirement,
4retirement plan, 401(k) plan, incentive plan, employee benefit
5plan, mutual fund and loan accounts (including, but not limited
6to, any indebtedness or obligation for which I am a
7co-borrower, co-obligor, guarantor, or surety), and any and all
8other accounts in which I have an interest and any other
9information regarding me in the possession of the Financial
10Institution,
11to the Illinois Department of Human Services or the Illinois
12Department of Healthcare and Family Services, or both ("the
13Department"), for the following purpose(s):
14to aid in the initial determination or re-determination by the
15State of Illinois of my eligibility for Medicaid long-term care
16benefits, pursuant to applicable law.
17I understand that this Consent and Authorization may be revoked
18by me in writing at any time before my financial records, as
19described above, are disclosed, and that this Consent and
20Authorization is valid until the Financial Institution
21receives my written revocation. This Consent and Authorization

HB0321- 172 -LRB101 04001 HLH 49009 b
1shall constitute valid authorization for the Department
2identified above to inspect all such financial records set
3forth above, and to request and receive copies of such
4financial records from the Financial Institution (subject to
5such records search and reproduction reimbursement policies as
6the Financial Institution may have in place). An executed copy
7of this Consent and Authorization shall be sufficient and as
8good as the original and permission is hereby granted to honor
9a photostatic or electronic copy of this Consent and
10Authorization. Disclosure is strictly limited to the
11Department identified above and no other person or entity shall
12receive my financial records pursuant to this Consent and
13Authorization. By signing this form, I agree to indemnify and
14hold the Financial Institution harmless from any and all
15claims, demands, and losses, including reasonable attorneys
16fees and expenses, arising from or incurred in its reliance on
17this Consent and Authorization. As used herein, "Customer"
18shall mean "Member" if the Financial Institution is a credit
19union.
20....................... ......................
21(Date) (Signature of Customer)
22 ......................
23 ......................
24 (Address of Customer)

HB0321- 173 -LRB101 04001 HLH 49009 b
1 ......................
2 (Customer's birth date)
3 (month/day/year)
4The undersigned witness certifies that .................,
5known to me to be the same person whose name is subscribed as
6the customer to the foregoing Consent and Authorization,
7appeared before me and the notary public and acknowledged
8signing and delivering the instrument as his or her free and
9voluntary act for the uses and purposes therein set forth. I
10believe him or her to be of sound mind and memory. The
11undersigned witness also certifies that the witness is not an
12owner, operator, or relative of an owner or operator of a
13long-term care facility in which the customer is a patient or
14resident.
15Dated: ................. ......................
16 (Signature of Witness)
17 ......................
18 (Print Name of Witness)
19 ......................
20 ......................
21 (Address of Witness)

HB0321- 174 -LRB101 04001 HLH 49009 b
1State of Illinois)
2 ) ss.
3County of .......)
4The undersigned, a notary public in and for the above county
5and state, certifies that .........., known to me to be the
6same person whose name is subscribed as the customer to the
7foregoing Consent and Authorization, appeared before me
8together with the witness, .........., in person and
9acknowledged signing and delivering the instrument as the free
10and voluntary act of the customer for the uses and purposes
11therein set forth.
12Dated:.......................................................
13Notary Public:...............................................
14My commission expires:.......................................
15 (b) In no event shall the credit union distribute the
16 member's financial records to the long-term care facility
17 from which the member seeks initial or continuing residency
18 or long-term care services.
19 (c) A credit union providing financial records of a
20 member in good faith relying on a consent and authorization
21 executed and tendered in accordance with this item
22 subparagraph (17) shall not be liable to the member or any

HB0321- 175 -LRB101 04001 HLH 49009 b
1 other person in relation to the credit union's disclosure
2 of the member's financial records to the Department. The
3 member signing the consent and authorization shall
4 indemnify and hold the credit union harmless that relies in
5 good faith upon the consent and authorization and incurs a
6 loss because of such reliance. The credit union recovering
7 under this indemnification provision shall also be
8 entitled to reasonable attorney's fees and the expenses of
9 recovery.
10 (d) A credit union shall be reimbursed by the member
11 for all costs reasonably necessary and directly incurred in
12 searching for, reproducing, and disclosing a member's
13 financial records required or requested to be produced
14 pursuant to any consent and authorization executed under
15 this item subparagraph (17). The requested financial
16 records shall be delivered to the Department within 10 days
17 after receiving a properly executed consent and
18 authorization or at the earliest practicable time
19 thereafter if the requested records cannot be delivered
20 within 10 days, but delivery may be delayed until the final
21 reimbursement of all costs is received by the credit union.
22 The credit union may honor a photostatic or electronic copy
23 of a properly executed consent and authorization.
24 (e) Nothing in this item subparagraph (17) shall
25 impair, abridge, or abrogate the right of a member to:
26 (1) directly disclose his or her financial records

HB0321- 176 -LRB101 04001 HLH 49009 b
1 to the Department or any other person; or
2 (2) authorize his or her attorney or duly appointed
3 agent to request and obtain the member's financial
4 records and disclose those financial records to the
5 Department.
6 (f) For purposes of this item subparagraph (17),
7 "Department" means the Department of Human Services and the
8 Department of Healthcare and Family Services or any
9 successor administrative agency of either agency.
10 (18) (17) The furnishing of the financial records of a
11 member to an appropriate law enforcement authority,
12 without prior notice to or consent of the member, upon
13 written request of the law enforcement authority, when
14 reasonable suspicion of an imminent threat to the personal
15 security and safety of the member exists that necessitates
16 an expedited release of the member's financial records, as
17 determined by the law enforcement authority. The law
18 enforcement authority shall include a brief explanation of
19 the imminent threat to the member in its written request to
20 the credit union. The written request shall reflect that it
21 has been authorized by a supervisory or managerial official
22 of the law enforcement authority. The decision to furnish
23 the financial records of a member to a law enforcement
24 authority shall be made by a supervisory or managerial
25 official of the credit union. A credit union providing
26 information in accordance with this item (18) (17) shall

HB0321- 177 -LRB101 04001 HLH 49009 b
1 not be liable to the member or any other person for the
2 disclosure of the information to the law enforcement
3 authority.
4 (c) Except as otherwise provided by this Act, a credit
5union may not disclose to any person, except to the member or
6his duly authorized agent, any financial records relating to
7that member of the credit union unless:
8 (1) the member has authorized disclosure to the person;
9 (2) the financial records are disclosed in response to
10 a lawful subpoena, summons, warrant, citation to discover
11 assets, or court order that meets the requirements of
12 subparagraph (3)(d) (d) of this Section; or
13 (3) the credit union is attempting to collect an
14 obligation owed to the credit union and the credit union
15 complies with the provisions of Section 2I of the Consumer
16 Fraud and Deceptive Business Practices Act.
17 (d) A credit union shall disclose financial records under
18item (3)(c)(2) subparagraph (c)(2) of this Section pursuant to
19a lawful subpoena, summons, warrant, citation to discover
20assets, or court order only after the credit union mails a copy
21of the subpoena, summons, warrant, citation to discover assets,
22or court order to the person establishing the relationship with
23the credit union, if living, and otherwise his personal
24representative, if known, at his last known address by first
25class mail, postage prepaid unless the credit union is
26specifically prohibited from notifying the person by order of

HB0321- 178 -LRB101 04001 HLH 49009 b
1court or by applicable State or federal law. In the case of a
2grand jury subpoena, a credit union shall not mail a copy of a
3subpoena to any person pursuant to this subsection if the
4subpoena was issued by a grand jury under the Statewide Grand
5Jury Act or notifying the person would constitute a violation
6of the federal Right to Financial Privacy Act of 1978.
7 (e)(1) Any officer or employee of a credit union who
8knowingly and willfully wilfully furnishes financial records
9in violation of this Section is guilty of a business offense
10and upon conviction thereof shall be fined not more than
11$1,000.
12 (2) Any person who knowingly and willfully wilfully induces
13or attempts to induce any officer or employee of a credit union
14to disclose financial records in violation of this Section is
15guilty of a business offense and upon conviction thereof shall
16be fined not more than $1,000.
17 (f) A credit union shall be reimbursed for costs which are
18reasonably necessary and which have been directly incurred in
19searching for, reproducing or transporting books, papers,
20records or other data of a member required or requested to be
21produced pursuant to a lawful subpoena, summons, warrant,
22citation to discover assets, or court order. The Secretary and
23the Director may determine, by rule, the rates and conditions
24under which payment shall be made. Delivery of requested
25documents may be delayed until final reimbursement of all costs
26is received.

HB0321- 179 -LRB101 04001 HLH 49009 b
1(Source: P.A. 99-143, eff. 7-27-15; 100-22, eff. 1-1-18;
2100-664, eff. 1-1-19; 100-778, eff. 8-10-18; revised
310-18-18.)
4 (205 ILCS 305/62) (from Ch. 17, par. 4463)
5 Sec. 62. Liquidation.
6 (1) A credit union may elect to dissolve voluntarily and
7liquidate its affairs in the manner prescribed in this Section.
8 (2) The board of directors shall adopt a resolution
9recommending the credit union be dissolved voluntarily, and
10directing that the question of liquidating be submitted to the
11members.
12 (3) Within 10 days after the board of directors decides to
13submit the question of liquidation to the members, the chairman
14or president shall notify the Secretary thereof, in writing,
15setting forth the reasons for the proposed action. Within 10
16days after the members act on the question of liquidation, the
17chairman or president shall notify the Secretary, in writing,
18as to whether or not the members approved the proposed
19liquidation. The Secretary then must determine whether this
20Section has been complied with and if his decision is
21favorable, he shall prepare a certificate to the effect that
22this Section has been complied with, a copy of which will be
23retained by the Department and the other copy forwarded to the
24credit union. The certificate must be filed with the recorder
25or if there is no recorder, in the office of the county clerk

HB0321- 180 -LRB101 04001 HLH 49009 b
1of the county or counties in which the credit union is
2operating, whereupon the credit union must cease operations
3except for the purpose of its liquidation.
4 (4) As soon as the board of directors passes a resolution
5to submit the question of liquidation to the members, payment
6on shares, withdrawal of shares, making any transfer of shares
7to loans and interest, making investments of any kind and
8granting loans shall be suspended pending action by members. On
9approval by the members of such proposal, all such operations
10shall be permanently discontinued. The necessary expenses of
11operating shall, however, continue to be paid on authorization
12of the board of directors or the liquidating agent during the
13period of liquidation.
14 (5) For a credit union to enter voluntary liquidation, it
15must be approved by affirmative vote of the members owning a
16majority of the shares entitled to vote, in person or by proxy,
17at a regular or special meeting of the members. Notice, in
18writing, shall be given to each member, by first class mail, at
19least 10 days prior to such meeting. If liquidation is
20approved, the board of directors shall appoint a liquidating
21agent for the purpose of conserving and collecting the assets,
22closing the affairs of the credit union and distributing the
23assets as required by this Act.
24 (6) A liquidating credit union shall continue in existence
25for the purpose of discharging its debts, collecting and
26distributing its assets, and doing all acts required in order

HB0321- 181 -LRB101 04001 HLH 49009 b
1to terminate its operations and may sue and be sued for the
2purpose of enforcing such debts and obligations until its
3affairs are fully adjusted.
4 (7) Subject to such rules and regulations as the Secretary
5may promulgate, the liquidating agent shall use the assets of
6the credit union to pay; first, expenses incidental to
7liquidating including any surety bond that may be required;
8then, liabilities of the credit union; then special classes of
9shares. The remaining assets shall then be distributed to the
10members proportionately to the dollar value of the shares held
11by each member in relation to the total dollar value of all
12shares outstanding as of the date the dissolution was voted.
13 (8) As soon as the liquidating agent determines that all
14assets as to which there is a reasonable expectancy of sale or
15transfer have been liquidated and distributed as set forth in
16this Section, he shall execute a certificate of dissolution on
17a form prescribed by the Department and file the same, together
18with all pertinent books and records of the liquidating credit
19union with the Department, whereupon such credit union shall be
20dissolved. The liquidating agent must, within 3 years after
21issuance of a certificate by the Secretary referred to in
22Subsection (3) of this Section, discharge the debts of the
23credit union, collect and distribute its assets and do all
24other acts required to wind up its business.
25 (9) If the Secretary determines that the liquidating agent
26has failed to make reasonable progress in the liquidating of

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1the credit union's affairs and distribution of its assets or
2has violated this Act, the Secretary may take possession and
3control of the credit union and remove the liquidating agent
4and appoint a liquidating agent to complete the liquidation
5under his direction and control. The Secretary shall fill any
6vacancy caused by the resignation, death, illness, removal,
7desertion or incapacity to function of the liquidating agent.
8 (10) Any funds representing unclaimed dividends and shares
9in liquidation and remaining in the hands of the board of
10directors or the liquidating agent at the end of the
11liquidation must be deposited by them, together with all books
12and papers of the credit union, with the State Treasurer in
13compliance with the Revised Uniform Disposition of Unclaimed
14Property Act, approved August 17, 1961, as amended.
15(Source: P.A. 100-22, eff. 1-1-18.)
16 Section 65. The Currency Exchange Act is amended by
17changing Sections 15.1b and 19.3 as follows:
18 (205 ILCS 405/15.1b) (from Ch. 17, par. 4827)
19 Sec. 15.1b. Liquidation; distribution; priority. The
20General Assembly finds and declares that community currency
21exchanges provide important and vital services to Illinois
22citizens. The General Assembly also finds that in providing
23such services, community currency exchanges transact extensive
24business involving check cashing and the writing of money

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1orders in communities in which banking services are generally
2unavailable. It is therefore declared to be the policy of this
3State that customers who receive these services must be
4protected from insolvencies of currency exchanges and
5interruptions of services. To carry out this policy and to
6insure that customers of community currency exchanges are
7protected in the event it is determined that a community
8currency exchange in receivership should be liquidated in
9accordance with Section 15.1a of this Act, the Secretary shall
10make a distribution of moneys collected by the receiver in the
11following order of priority: First, allowed claims for the
12actual necessary expenses of the receivership of the community
13currency exchange being liquidated, including (a) reasonable
14receiver fees and receiver's attorney's fees approved by the
15Secretary, (b) all expenses of any preliminary or other
16examinations into the condition of the community currency
17exchange or receivership, (c) all expenses incurred by the
18Secretary which are incident to possession and control of any
19property or records of the community currency exchange, and (d)
20reasonable expenses incurred by the Secretary as the result of
21business agreements or contractual arrangements necessary to
22insure that the services of the community currency exchanges
23are delivered to the community without interruption. Said
24business agreements or contractual arrangements may include,
25but are not limited to, agreements made by the Secretary, or by
26the Receiver with the approval of the Secretary, with banks,

HB0321- 184 -LRB101 04001 HLH 49009 b
1money order companies, bonding companies and other types of
2financial institutions; Second, allowed claims by a purchaser
3of money orders issued on demand of the community currency
4exchange being liquidated; Third, allowed claims arising by
5virtue of and to the extent of the amount a utility customer
6deposits with the community currency exchange being liquidated
7which are not remitted to the utility company; Fourth, allowed
8claims arising by virtue of and to the extent of the amount
9paid by a purchaser of Illinois license plates, vehicle
10stickers sold for State and municipal governments in Illinois,
11and temporary Illinois registration permits purchased at the
12currency exchange being liquidated; Fifth, allowed unsecured
13claims for wages or salaries, excluding vacation, severance and
14sick leave pay earned by employee earned within 90 days prior
15to the appointment of a Receiver; Sixth, secured claims;
16Seventh, allowed unsecured claims of any tax, and interest and
17penalty on the tax; Eighth, allowed unsecured claims other than
18a kind specified in paragraph one, two and three of this
19Section, filed with the Secretary within the time the Secretary
20fixes for filing claims; Ninth, allowed unsecured claims, other
21than a kind specified in paragraphs one, two and three of this
22Section filed with the Secretary after the time fixed for
23filing claims by the Secretary; Tenth, allowed creditor claims
24asserted by an owner, member, or stockholder of the community
25currency exchange in liquidation; Eleventh, after one year from
26the final dissolution of the currency exchange, all assets not

HB0321- 185 -LRB101 04001 HLH 49009 b
1used to satisfy allowed claims shall be distributed pro rata to
2the owner, owners, members, or stockholders of the currency
3exchange.
4 The Secretary shall pay all claims of equal priority
5according to the schedule set out above, and shall not pay
6claims of lower priority until all higher priority claims are
7satisfied. If insufficient assets are available to meet all
8claims of equal priority, those assets shall be distributed pro
9rata among those claims. All unclaimed assets of a currency
10exchange shall be deposited with the Secretary to be paid out
11by him when proper claims therefor are presented to the
12Secretary. If there are funds remaining after the conclusion of
13a receivership of an abandoned currency exchange, the remaining
14funds shall be considered unclaimed property and remitted to
15the State Treasurer under the Revised Uniform Disposition of
16Unclaimed Property Act.
17(Source: P.A. 100-22, eff. 1-1-18.)
18 (205 ILCS 405/19.3) (from Ch. 17, par. 4838)
19 (Text of Section before amendment by P.A. 100-704)
20 Sec. 19.3. (A) The General Assembly hereby finds and
21declares: community currency exchanges and ambulatory currency
22exchanges provide important and vital services to Illinois
23citizens. In so doing, they transact extensive business
24involving check cashing and the writing of money orders in
25communities in which banking services are generally

HB0321- 186 -LRB101 04001 HLH 49009 b
1unavailable. Customers of currency exchanges who receive these
2services must be protected from being charged unreasonable and
3unconscionable rates for cashing checks and purchasing money
4orders. The Illinois Department of Financial and Professional
5Regulation has the responsibility for regulating the
6operations of currency exchanges and has the expertise to
7determine reasonable maximum rates to be charged for check
8cashing and money order purchases. Therefore, it is in the
9public interest, convenience, welfare and good to have the
10Department establish reasonable maximum rate schedules for
11check cashing and the issuance of money orders and to require
12community and ambulatory currency exchanges to prominently
13display to the public the fees charged for all services. The
14Secretary shall review, each year, the cost of operation of the
15Currency Exchange Section and the revenue generated from
16currency exchange examinations and report to the General
17Assembly if the need exists for an increase in the fees
18mandated by this Act to maintain the Currency Exchange Section
19at a fiscally self-sufficient level. The Secretary shall
20include in such report the total amount of funds remitted to
21the State and delivered to the State Treasurer by currency
22exchanges pursuant to the Revised Uniform Disposition of
23Unclaimed Property Act.
24 (B) The Secretary shall, by rules adopted in accordance
25with the Illinois Administrative Procedure Act, expeditiously
26formulate and issue schedules of reasonable maximum rates which

HB0321- 187 -LRB101 04001 HLH 49009 b
1can be charged for check cashing and writing of money orders by
2community currency exchanges and ambulatory currency
3exchanges.
4 (1) In determining the maximum rate schedules for the
5 purposes of this Section the Secretary shall take into
6 account:
7 (a) Rates charged in the past for the cashing of
8 checks and the issuance of money orders by community
9 and ambulatory currency exchanges.
10 (b) Rates charged by banks or other business
11 entities for rendering the same or similar services and
12 the factors upon which those rates are based.
13 (c) The income, cost and expense of the operation
14 of currency exchanges.
15 (d) Rates charged by currency exchanges or other
16 similar entities located in other states for the same
17 or similar services and the factors upon which those
18 rates are based.
19 (e) Rates charged by the United States Postal
20 Service for the issuing of money orders and the factors
21 upon which those rates are based.
22 (f) A reasonable profit for a currency exchange
23 operation.
24 (2)(a) The schedule of reasonable maximum rates
25 established pursuant to this Section may be modified by the
26 Secretary from time to time pursuant to rules adopted in

HB0321- 188 -LRB101 04001 HLH 49009 b
1 accordance with the Illinois Administrative Procedure Act.
2 (b) Upon the filing of a verified petition setting
3 forth allegations demonstrating reasonable cause to
4 believe that the schedule of maximum rates previously
5 issued and promulgated should be adjusted, the Secretary
6 shall expeditiously:
7 (i) reject the petition if it fails to demonstrate
8 reasonable cause to believe that an adjustment is
9 necessary; or
10 (ii) conduct such hearings, in accordance with
11 this Section, as may be necessary to determine whether
12 the petition should be granted in whole or in part.
13 (c) No petition may be filed pursuant to subparagraph
14 (a) of paragraph (2) of subsection (B) unless:
15 (i) at least nine months have expired since the
16 last promulgation of schedules of maximum rates; and
17 (ii) at least one-fourth of all community currency
18 exchange licensees join in a petition or, in the case
19 of ambulatory currency exchanges, a licensee or
20 licensees authorized to serve at least 100 locations
21 join in a petition.
22 (3) Any currency exchange may charge lower fees than
23 those of the applicable maximum fee schedule after filing
24 with the Secretary a schedule of fees it proposes to use.
25(Source: P.A. 100-22, eff. 1-1-18.)

HB0321- 189 -LRB101 04001 HLH 49009 b
1 (Text of Section after amendment by P.A. 100-704)
2 Sec. 19.3. (A) The General Assembly hereby finds and
3declares: community currency exchanges and ambulatory currency
4exchanges provide important and vital services to Illinois
5citizens. In so doing, they transact extensive business
6involving check cashing and the writing of money orders in
7communities in which banking services are generally
8unavailable. Customers of currency exchanges who receive these
9services must be protected from being charged unreasonable and
10unconscionable rates for cashing checks and purchasing money
11orders. The Illinois Department of Financial and Professional
12Regulation has the responsibility for regulating the
13operations of currency exchanges and has the expertise to
14determine reasonable maximum rates to be charged for check
15cashing and money order purchases. Therefore, it is in the
16public interest, convenience, welfare and good to have the
17Department establish reasonable maximum rate schedules for
18check cashing and the issuance of money orders and to require
19community and ambulatory currency exchanges to prominently
20display to the public the fees charged for all services. The
21Secretary shall review, each year, the cost of operation of the
22Currency Exchange Section and the revenue generated from
23currency exchange examinations and report to the General
24Assembly if the need exists for an increase in the fees
25mandated by this Act to maintain the Currency Exchange Section
26at a fiscally self-sufficient level. The Secretary shall

HB0321- 190 -LRB101 04001 HLH 49009 b
1include in such report the total amount of funds remitted to
2the State and delivered to the State Treasurer by currency
3exchanges pursuant to the Revised Uniform Disposition of
4Unclaimed Property Act.
5 (B) The Secretary shall, by rules adopted in accordance
6with the Illinois Administrative Procedure Act, expeditiously
7formulate and issue schedules of reasonable maximum rates which
8can be charged for check cashing and writing of money orders by
9community currency exchanges and ambulatory currency
10exchanges.
11 (1) In determining the maximum rate schedules for the
12 purposes of this Section the Secretary shall take into
13 account:
14 (a) Rates charged in the past for the cashing of
15 checks and the issuance of money orders by community
16 and ambulatory currency exchanges.
17 (b) Rates charged by banks or other business
18 entities for rendering the same or similar services and
19 the factors upon which those rates are based.
20 (c) The income, cost and expense of the operation
21 of currency exchanges.
22 (d) Rates charged by currency exchanges or other
23 similar entities located in other states for the same
24 or similar services and the factors upon which those
25 rates are based.
26 (e) Rates charged by the United States Postal

HB0321- 191 -LRB101 04001 HLH 49009 b
1 Service for the issuing of money orders and the factors
2 upon which those rates are based.
3 (f) A reasonable profit for a currency exchange
4 operation.
5 (g) The impact on consumers.
6 (h) Whether the rate schedule will
7 disproportionately impact anyone on the basis of any
8 protected characteristic or category listed in
9 subsection (Q) of Section 1-103 of the Illinois Human
10 Rights Act as those terms are defined in that Section.
11 (2)(a) The schedule of reasonable maximum rates
12 established pursuant to this Section may be modified by the
13 Secretary from time to time pursuant to rules adopted in
14 accordance with the Illinois Administrative Procedure Act.
15 (b) Upon the filing of a verified petition setting
16 forth allegations demonstrating reasonable cause to
17 believe that the schedule of maximum rates previously
18 issued and promulgated should be adjusted, the Secretary
19 shall expeditiously:
20 (i) reject the petition if it fails to demonstrate
21 reasonable cause to believe that an adjustment is
22 necessary; or
23 (ii) conduct such hearings, in accordance with
24 this Section, as may be necessary to determine whether
25 the petition should be granted in whole or in part.
26 (c) No petition may be filed pursuant to subparagraph

HB0321- 192 -LRB101 04001 HLH 49009 b
1 (a) of paragraph (2) of subsection (B) unless:
2 (i) at least nine months have expired since the
3 last promulgation of schedules of maximum rates; and
4 (ii) at least one-fourth of all community currency
5 exchange licensees join in a petition or, in the case
6 of ambulatory currency exchanges, a licensee or
7 licensees authorized to serve at least 100 locations
8 join in a petition.
9 (3) Any currency exchange may charge lower fees than
10 those of the applicable maximum fee schedule after filing
11 with the Secretary a schedule of fees it proposes to use.
12(Source: P.A. 100-22, eff. 1-1-18; 100-704, eff. 6-1-19.)
13 Section 70. The Corporate Fiduciary Act is amended by
14changing Section 6-14 as follows:
15 (205 ILCS 620/6-14) (from Ch. 17, par. 1556-14)
16 Sec. 6-14. From time to time during receivership the
17Commissioner shall make and pay from monies of the corporate
18fiduciary a ratable dividend on all claims as may be proved to
19his or her satisfaction or adjudicated by the court. After one
20year from the entry of a judgment of dissolution, all unclaimed
21dividends shall be remitted to the State Treasurer in
22accordance with the Revised Uniform Disposition of Unclaimed
23Property Act, as now or hereafter amended, together with a list
24of all unpaid claimants, their last known addresses and the

HB0321- 193 -LRB101 04001 HLH 49009 b
1amounts unpaid.
2(Source: P.A. 100-22, eff. 1-1-18.)
3 Section 75. The Transmitters of Money Act is amended by
4changing Section 30 as follows:
5 (205 ILCS 657/30)
6 Sec. 30. Surety bond.
7 (a) An applicant for a license shall post and a licensee
8must maintain with the Director a bond or bonds issued by
9corporations qualified to do business as surety companies in
10this State.
11 (b) The applicant or licensee shall post a bond in the
12amount of $50,000 or an amount equal to 1% of all
13Illinois-based activity, whichever is greater, up to a maximum
14amount of $2,000,000. When the amount of the required bond
15exceeds $1,000,000, the applicant or licensee may, in the
16alternative, post a bond in the amount of $1,000,000 plus a
17dollar for dollar increase in the net worth of the applicant or
18licensee over and above the amount required in Section 20, up
19to a total amount of $2,000,000.
20 (c) The bond must be in a form satisfactory to the Director
21and shall run to the State of Illinois for the benefit of any
22claimant against the applicant or licensee with respect to the
23receipt, handling, transmission, and payment of money by the
24licensee or authorized seller in connection with the licensed

HB0321- 194 -LRB101 04001 HLH 49009 b
1operations. A claimant damaged by a breach of the conditions of
2a bond shall have a right to action upon the bond for damages
3suffered thereby and may bring suit directly on the bond, or
4the Director may bring suit on behalf of the claimant.
5 (d) (Blank).
6 (e) (Blank).
7 (f) After receiving a license, the licensee must maintain
8the required bond plus net worth (if applicable) until 5 years
9after it ceases to do business in this State unless all
10outstanding payment instruments are eliminated or the
11provisions under the Revised Uniform Disposition of Unclaimed
12Property Act have become operative and are adhered to by the
13licensee. Notwithstanding this provision, however, the amount
14required to be maintained may be reduced to the extent that the
15amount of the licensee's payment instruments outstanding in
16this State are reduced.
17 (g) If the Director at any time reasonably determines that
18the required bond is insecure, deficient in amount, or
19exhausted in whole or in part, he may in writing require the
20filing of a new or supplemental bond in order to secure
21compliance with this Act and may demand compliance with the
22requirement within 30 days following service on the licensee.
23(Source: P.A. 100-22, eff. 1-1-18; 100-640, eff. 7-27-18.)
24 Section 80. The Adverse Claims to Deposit Accounts Act is
25amended by changing Section 10 as follows:

HB0321- 195 -LRB101 04001 HLH 49009 b
1 (205 ILCS 700/10)
2 Sec. 10. Application of Act. This Act shall not preempt:
3 (1) the Revised Uniform Disposition of Unclaimed
4 Property Act, nor shall any provision of this Act be
5 construed to relieve any holder, including a financial
6 institution, from reporting and remitting all unclaimed
7 property, including deposit accounts, under the Revised
8 Uniform Disposition of Unclaimed Property Act;
9 (2) the Uniform Commercial Code, nor shall any
10 provision of this Act be construed as affecting the rights
11 of a person with respect to a deposit account under the
12 Uniform Commercial Code;
13 (3) the provisions of Section 2-1402 of the Code of
14 Civil Procedure, nor shall any provision of this Act be
15 construed as affecting the rights of a person with respect
16 to a deposit account under Section 2-1402 of the Code of
17 Civil Procedure;
18 (4) the provisions of Part 7 of Article II of the Code
19 of Civil Procedure, nor shall any provision of this Act be
20 construed as affecting the rights of a person with respect
21 to a deposit account under the provisions of Part 7 of
22 Article II of the Code of Civil Procedure;
23 (5) the provisions of Article XXV of the Probate Act of
24 1975, nor shall any provision of this Act be construed as
25 affecting the rights of a person with respect to a deposit

HB0321- 196 -LRB101 04001 HLH 49009 b
1 account under the provisions of Article XXV of the Probate
2 Act of 1975; or
3 (6) the Safety Deposit Box Opening Act, nor shall any
4 provision of this Act be construed as affecting the rights
5 of a person with respect to a deposit account under the
6 Safety Deposit Box Opening Act.
7(Source: P.A. 100-22, eff. 1-1-18.)
8 Section 85. The Illinois Insurance Code is amended by
9changing Section 210 as follows:
10 (215 ILCS 5/210) (from Ch. 73, par. 822)
11 Sec. 210. Distribution of assets; priorities; unpaid
12dividends.
13 (1) Any time after the last day fixed for the filing of
14proofs of claims in the liquidation of a company, the court
15may, upon the application of the Director authorize him to
16declare out of the funds remaining in his hands, one or more
17dividends upon all claims allowed in accordance with the
18priorities established in Section 205.
19 (2) Where there has been no adjudication of insolvency, the
20Director shall pay all allowed claims in full in accordance
21with the priorities set forth in Section 205. The director
22shall not be chargeable for any assets so distributed to any
23claimant who has failed to file a proper proof of claim before
24such distribution has been made.

HB0321- 197 -LRB101 04001 HLH 49009 b
1 (3) When subsequent to an adjudication of insolvency,
2pursuant to Section 208, a surplus is found to exist after the
3payment in full of all allowed claims falling within the
4priorities set forth in paragraphs (a), (b), (c), (d), (e), (f)
5and (g) of subsection (1) of Section 205 and which have been
6duly filed prior to the last date fixed for the filing thereof,
7and after the setting aside of a reserve for all additional
8costs and expenses of the proceeding, the court shall set a new
9date for the filing of claims. After the expiration of the new
10date, all allowed claims filed on or before said new date
11together with all previously allowed claims falling within the
12priorities set forth in paragraphs (h) and (i) of subsection
13(1) of Section 205 shall be paid in accordance with the
14priorities set forth in Section 205.
15 (4) Dividends remaining unclaimed or unpaid in the hands of
16the Director for 6 months after the final order of distribution
17may be by him deposited in one or more savings and loan
18associations, State or national banks, trust companies or
19savings banks to the credit of the Director, whomsoever he may
20be, in trust for the person entitled thereto, but no such
21person shall be entitled to any interest upon such deposit. All
22such deposits shall be entitled to priority of payment in case
23of the insolvency or voluntary or involuntary liquidation of
24the depositary on an equality with any other priority given by
25the banking law. Any such funds together with interest, if any,
26paid or credited thereon, remaining and unclaimed in the hands

HB0321- 198 -LRB101 04001 HLH 49009 b
1of the Director in Trust after 2 years shall be presumed
2abandoned and reported and delivered to the State Treasurer and
3become subject to the provisions of the Revised Uniform
4Disposition of Unclaimed Property Act.
5(Source: P.A. 100-22, eff. 1-1-18.)
6 Section 90. The Unclaimed Life Insurance Benefits Act is
7amended by changing Sections 5, 15, and 20 as follows:
8 (215 ILCS 185/5)
9 Sec. 5. Purpose. This Act shall require recognition of the
10Revised Uniform Disposition of Unclaimed Property Act and
11require the complete and proper disclosure, transparency, and
12accountability relating to any method of payment for life
13insurance, annuity, or retained asset agreement death
14benefits.
15(Source: P.A. 99-893, eff. 1-1-17; 100-22, eff. 1-1-18.)
16 (215 ILCS 185/15)
17 Sec. 15. Insurer conduct.
18 (a) An insurer shall initially perform a comparison of its
19insureds', annuitants', and retained asset account holders'
20in-force policies, annuity contracts, and retained asset
21accounts in force on or after January 1, 2017 by using the full
22Death Master File. The initial comparison shall be completed on
23or before December 31, 2017. An insurer required to perform a

HB0321- 199 -LRB101 04001 HLH 49009 b
1comparison of its insureds', annuitants', and retained asset
2account holders' in-force policies, annuity contracts, and
3retained asset accounts in force on or after January 1, 2012
4shall perform a comparison of policies, annuity contracts, and
5retained asset accounts in force between January 1, 2012 and
6December 31, 2016 on or before December 31, 2018 by using the
7full Death Master File. An insurer required to perform a
8comparison of electronic searchable files concerning its
9insureds', annuitants', and retained asset account holders'
10in-force policies, annuity contracts, and retained asset
11accounts in force on or after January 1, 2000 shall perform a
12comparison of policies, annuity contracts, and retained asset
13accounts in force between January 1, 2000 and December 31, 2016
14on or before December 31, 2018 by using the full Death Master
15File. Thereafter, an insurer shall perform a comparison on at
16least a semi-annual basis using the Death Master File update
17files for comparisons to identify potential matches of its
18insureds, annuitants, and retained asset account holders. In
19the event that one of the insurer's lines of business conducts
20a search for matches of its insureds, annuitants, and retained
21asset account holders against the Death Master File at
22intervals more frequently than semi-annually, then all lines of
23the insurer's business shall conduct searches for matches
24against the Death Master File with the same frequency. Within 6
25months after acquisition of policies, annuity contracts, or
26retained asset accounts from another insurer, the acquiring

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1insurer shall compare all newly acquired policies, annuity
2contracts, and retained asset accounts that were not searched
3by the previous insurer in compliance with this Act against the
4complete Death Master File to identify potential matches of its
5insureds, annuitants, and retained asset account holders. Upon
6any subsequent acquisition of policies, annuity contracts, or
7retained asset accounts from another insurer, when the previous
8insurer has already conducted a search of the newly acquired
9policies, annuity contracts, and retained asset accounts using
10the complete Death Master File, the acquiring insurer shall
11compare all newly acquired policies, annuity contracts, and
12retained asset accounts using all of the Death Master File
13updates since the time the previous insurer conducted the
14complete search to identify potential matches of its insureds,
15annuitants, and retained asset account holders.
16 An insured, an annuitant, or a retained asset account
17holder is presumed dead if the date of his or her death is
18indicated by the comparison required in this subsection (a),
19unless the insurer has competent and substantial evidence that
20the person is living, including, but not limited to, a contact
21made by the insurer with the person or his or her legal
22representative.
23 For those potential matches identified as a result of a
24Death Master File match, the insurer shall within 120 days
25after the date of death notice, if the insurer has not been
26contacted by a beneficiary, determine whether benefits are due

HB0321- 201 -LRB101 04001 HLH 49009 b
1in accordance with the applicable policy or contract and, if
2benefits are due in accordance with the applicable policy or
3contract:
4 (1) use good faith efforts, which shall be documented
5 by the insurer, to locate the beneficiary or beneficiaries;
6 the Department shall establish by administrative rule
7 minimum standards for what constitutes good faith efforts
8 to locate a beneficiary, which shall include: (A) searching
9 insurer records; (B) the appropriate use of First Class
10 United States mail, e-mail addresses, and telephone calls;
11 and (C) reasonable efforts by insurers to obtain updated
12 contact information for the beneficiary or beneficiaries;
13 good faith efforts shall not include additional attempts to
14 contact the beneficiary at an address already confirmed not
15 to be current; and
16 (2) provide the appropriate claims forms or
17 instructions to the beneficiary or beneficiaries to make a
18 claim, including the need to provide an official death
19 certificate if applicable under the policy or annuity
20 contract.
21 (b) Insurers shall implement procedures to account for the
22following when conducting searches of the Death Master File:
23 (1) common nicknames, initials used in lieu of a first
24 or middle name, use of a middle name, compound first and
25 middle names, and interchanged first and middle names;
26 (2) compound last names, maiden or married names, and

HB0321- 202 -LRB101 04001 HLH 49009 b
1 hyphens, blank spaces, or apostrophes in last names;
2 (3) transposition of the "month" and "date" portions of
3 the date of birth; and
4 (4) incomplete social security numbers.
5 (c) To the extent permitted by law, an insurer may disclose
6the minimum necessary personal information about the insured,
7annuity owner, retained asset account holder, or beneficiary to
8a person whom the insurer reasonably believes may be able to
9assist the insurer with locating the beneficiary or a person
10otherwise entitled to payment of the claims proceeds.
11 (d) An insurer or its service provider shall not charge any
12beneficiary or other authorized representative for any fees or
13costs associated with a Death Master File search or
14verification of a Death Master File match conducted pursuant to
15this Act.
16 (e) The benefits from a policy, annuity contract, or a
17retained asset account, plus any applicable accrued interest,
18shall first be payable to the designated beneficiaries or
19owners and, in the event the beneficiaries or owners cannot be
20found, shall be reported and delivered to the State Treasurer
21pursuant to the Revised Uniform Disposition of Unclaimed
22Property Act. Nothing in this subsection (e) is intended to
23alter the amounts reportable under the existing provisions of
24the Revised Uniform Disposition of Unclaimed Property Act or to
25allow the imposition of additional statutory interest under
26Article XIV of the Illinois Insurance Code.

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1 (f) Failure to meet any requirement of this Section with
2such frequency as to constitute a general business practice is
3a violation of Section 424 of the Illinois Insurance Code.
4Nothing in this Section shall be construed to create or imply a
5private cause of action for a violation of this Section.
6(Source: P.A. 99-893, eff. 1-1-17; 100-22, eff. 1-1-18;
7100-543, eff. 1-1-18; 100-863, eff. 8-14-18.)
8 (215 ILCS 185/20)
9 Sec. 20. Revised Uniform Disposition of Unclaimed Property
10Act. Nothing in this Act shall be construed to amend, modify,
11or supersede the Revised Uniform Disposition of Unclaimed
12Property Act, including the authority of the State Treasurer to
13examine the records of any person if the State Treasurer has
14reason to believe that such person has failed to report
15property that should have been reported pursuant to the Revised
16Uniform Disposition of Unclaimed Property Act.
17(Source: P.A. 99-893, eff. 1-1-17; 100-22, eff. 1-1-18.)
18 Section 95. The Real Estate License Act of 2000 is amended
19by changing Section 20-20 as follows:
20 (225 ILCS 454/20-20)
21 (Section scheduled to be repealed on January 1, 2020)
22 Sec. 20-20. Grounds for discipline.
23 (a) The Department may refuse to issue or renew a license,

HB0321- 204 -LRB101 04001 HLH 49009 b
1may place on probation, suspend, or revoke any license,
2reprimand, or take any other disciplinary or non-disciplinary
3action as the Department may deem proper and impose a fine not
4to exceed $25,000 upon any licensee or applicant under this Act
5or any person who holds himself or herself out as an applicant
6or licensee or against a licensee in handling his or her own
7property, whether held by deed, option, or otherwise, for any
8one or any combination of the following causes:
9 (1) Fraud or misrepresentation in applying for, or
10 procuring, a license under this Act or in connection with
11 applying for renewal of a license under this Act.
12 (2) The conviction of or plea of guilty or plea of nolo
13 contendere to a felony or misdemeanor in this State or any
14 other jurisdiction; or the entry of an administrative
15 sanction by a government agency in this State or any other
16 jurisdiction. Action taken under this paragraph (2) for a
17 misdemeanor or an administrative sanction is limited to a
18 misdemeanor or administrative sanction that has as an
19 essential element dishonesty or fraud or involves larceny,
20 embezzlement, or obtaining money, property, or credit by
21 false pretenses or by means of a confidence game.
22 (3) Inability to practice the profession with
23 reasonable judgment, skill, or safety as a result of a
24 physical illness, including, but not limited to,
25 deterioration through the aging process or loss of motor
26 skill, or a mental illness or disability.

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1 (4) Practice under this Act as a licensee in a retail
2 sales establishment from an office, desk, or space that is
3 not separated from the main retail business by a separate
4 and distinct area within the establishment.
5 (5) Having been disciplined by another state, the
6 District of Columbia, a territory, a foreign nation, or a
7 governmental agency authorized to impose discipline if at
8 least one of the grounds for that discipline is the same as
9 or the equivalent of one of the grounds for which a
10 licensee may be disciplined under this Act. A certified
11 copy of the record of the action by the other state or
12 jurisdiction shall be prima facie evidence thereof.
13 (6) Engaging in the practice of real estate brokerage
14 without a license or after the licensee's license or
15 temporary permit was expired or while the license was
16 inoperative.
17 (7) Cheating on or attempting to subvert the Real
18 Estate License Exam or continuing education exam.
19 (8) Aiding or abetting an applicant to subvert or cheat
20 on the Real Estate License Exam or continuing education
21 exam administered pursuant to this Act.
22 (9) Advertising that is inaccurate, misleading, or
23 contrary to the provisions of the Act.
24 (10) Making any substantial misrepresentation or
25 untruthful advertising.
26 (11) Making any false promises of a character likely to

HB0321- 206 -LRB101 04001 HLH 49009 b
1 influence, persuade, or induce.
2 (12) Pursuing a continued and flagrant course of
3 misrepresentation or the making of false promises through
4 licensees, employees, agents, advertising, or otherwise.
5 (13) Any misleading or untruthful advertising, or
6 using any trade name or insignia of membership in any real
7 estate organization of which the licensee is not a member.
8 (14) Acting for more than one party in a transaction
9 without providing written notice to all parties for whom
10 the licensee acts.
11 (15) Representing or attempting to represent a broker
12 other than the sponsoring broker.
13 (16) Failure to account for or to remit any moneys or
14 documents coming into his or her possession that belong to
15 others.
16 (17) Failure to maintain and deposit in a special
17 account, separate and apart from personal and other
18 business accounts, all escrow moneys belonging to others
19 entrusted to a licensee while acting as a broker, escrow
20 agent, or temporary custodian of the funds of others or
21 failure to maintain all escrow moneys on deposit in the
22 account until the transactions are consummated or
23 terminated, except to the extent that the moneys, or any
24 part thereof, shall be:
25 (A) disbursed prior to the consummation or
26 termination (i) in accordance with the written

HB0321- 207 -LRB101 04001 HLH 49009 b
1 direction of the principals to the transaction or their
2 duly authorized agents, (ii) in accordance with
3 directions providing for the release, payment, or
4 distribution of escrow moneys contained in any written
5 contract signed by the principals to the transaction or
6 their duly authorized agents, or (iii) pursuant to an
7 order of a court of competent jurisdiction; or
8 (B) deemed abandoned and transferred to the Office
9 of the State Treasurer to be handled as unclaimed
10 property pursuant to the Revised Uniform Disposition
11 of Unclaimed Property Act. Escrow moneys may be deemed
12 abandoned under this subparagraph (B) only: (i) in the
13 absence of disbursement under subparagraph (A); (ii)
14 in the absence of notice of the filing of any claim in
15 a court of competent jurisdiction; and (iii) if 6
16 months have elapsed after the receipt of a written
17 demand for the escrow moneys from one of the principals
18 to the transaction or the principal's duly authorized
19 agent.
20 The account shall be noninterest bearing, unless the
21 character of the deposit is such that payment of interest
22 thereon is otherwise required by law or unless the
23 principals to the transaction specifically require, in
24 writing, that the deposit be placed in an interest bearing
25 account.
26 (18) Failure to make available to the Department all

HB0321- 208 -LRB101 04001 HLH 49009 b
1 escrow records and related documents maintained in
2 connection with the practice of real estate within 24 hours
3 of a request for those documents by Department personnel.
4 (19) Failing to furnish copies upon request of
5 documents relating to a real estate transaction to a party
6 who has executed that document.
7 (20) Failure of a sponsoring broker to timely provide
8 information, sponsor cards, or termination of licenses to
9 the Department.
10 (21) Engaging in dishonorable, unethical, or
11 unprofessional conduct of a character likely to deceive,
12 defraud, or harm the public.
13 (22) Commingling the money or property of others with
14 his or her own money or property.
15 (23) Employing any person on a purely temporary or
16 single deal basis as a means of evading the law regarding
17 payment of commission to nonlicensees on some contemplated
18 transactions.
19 (24) Permitting the use of his or her license as a
20 broker to enable a leasing agent or unlicensed person to
21 operate a real estate business without actual
22 participation therein and control thereof by the broker.
23 (25) Any other conduct, whether of the same or a
24 different character from that specified in this Section,
25 that constitutes dishonest dealing.
26 (26) Displaying a "for rent" or "for sale" sign on any

HB0321- 209 -LRB101 04001 HLH 49009 b
1 property without the written consent of an owner or his or
2 her duly authorized agent or advertising by any means that
3 any property is for sale or for rent without the written
4 consent of the owner or his or her authorized agent.
5 (27) Failing to provide information requested by the
6 Department, or otherwise respond to that request, within 30
7 days of the request.
8 (28) Advertising by means of a blind advertisement,
9 except as otherwise permitted in Section 10-30 of this Act.
10 (29) Offering guaranteed sales plans, as defined in
11 clause (A) of this subdivision (29), except to the extent
12 hereinafter set forth:
13 (A) A "guaranteed sales plan" is any real estate
14 purchase or sales plan whereby a licensee enters into a
15 conditional or unconditional written contract with a
16 seller, prior to entering into a brokerage agreement
17 with the seller, by the terms of which a licensee
18 agrees to purchase a property of the seller within a
19 specified period of time at a specific price in the
20 event the property is not sold in accordance with the
21 terms of a brokerage agreement to be entered into
22 between the sponsoring broker and the seller.
23 (B) A licensee offering a guaranteed sales plan
24 shall provide the details and conditions of the plan in
25 writing to the party to whom the plan is offered.
26 (C) A licensee offering a guaranteed sales plan

HB0321- 210 -LRB101 04001 HLH 49009 b
1 shall provide to the party to whom the plan is offered
2 evidence of sufficient financial resources to satisfy
3 the commitment to purchase undertaken by the broker in
4 the plan.
5 (D) Any licensee offering a guaranteed sales plan
6 shall undertake to market the property of the seller
7 subject to the plan in the same manner in which the
8 broker would market any other property, unless the
9 agreement with the seller provides otherwise.
10 (E) The licensee cannot purchase seller's property
11 until the brokerage agreement has ended according to
12 its terms or is otherwise terminated.
13 (F) Any licensee who fails to perform on a
14 guaranteed sales plan in strict accordance with its
15 terms shall be subject to all the penalties provided in
16 this Act for violations thereof and, in addition, shall
17 be subject to a civil fine payable to the party injured
18 by the default in an amount of up to $25,000.
19 (30) Influencing or attempting to influence, by any
20 words or acts, a prospective seller, purchaser, occupant,
21 landlord, or tenant of real estate, in connection with
22 viewing, buying, or leasing real estate, so as to promote
23 or tend to promote the continuance or maintenance of
24 racially and religiously segregated housing or so as to
25 retard, obstruct, or discourage racially integrated
26 housing on or in any street, block, neighborhood, or

HB0321- 211 -LRB101 04001 HLH 49009 b
1 community.
2 (31) Engaging in any act that constitutes a violation
3 of any provision of Article 3 of the Illinois Human Rights
4 Act, whether or not a complaint has been filed with or
5 adjudicated by the Human Rights Commission.
6 (32) Inducing any party to a contract of sale or lease
7 or brokerage agreement to break the contract of sale or
8 lease or brokerage agreement for the purpose of
9 substituting, in lieu thereof, a new contract for sale or
10 lease or brokerage agreement with a third party.
11 (33) Negotiating a sale, exchange, or lease of real
12 estate directly with any person if the licensee knows that
13 the person has an exclusive brokerage agreement with
14 another broker, unless specifically authorized by that
15 broker.
16 (34) When a licensee is also an attorney, acting as the
17 attorney for either the buyer or the seller in the same
18 transaction in which the licensee is acting or has acted as
19 a managing broker or broker.
20 (35) Advertising or offering merchandise or services
21 as free if any conditions or obligations necessary for
22 receiving the merchandise or services are not disclosed in
23 the same advertisement or offer. These conditions or
24 obligations include without limitation the requirement
25 that the recipient attend a promotional activity or visit a
26 real estate site. As used in this subdivision (35), "free"

HB0321- 212 -LRB101 04001 HLH 49009 b
1 includes terms such as "award", "prize", "no charge", "free
2 of charge", "without charge", and similar words or phrases
3 that reasonably lead a person to believe that he or she may
4 receive or has been selected to receive something of value,
5 without any conditions or obligations on the part of the
6 recipient.
7 (36) (Blank).
8 (37) Violating the terms of a disciplinary order issued
9 by the Department.
10 (38) Paying or failing to disclose compensation in
11 violation of Article 10 of this Act.
12 (39) Requiring a party to a transaction who is not a
13 client of the licensee to allow the licensee to retain a
14 portion of the escrow moneys for payment of the licensee's
15 commission or expenses as a condition for release of the
16 escrow moneys to that party.
17 (40) Disregarding or violating any provision of this
18 Act or the published rules adopted by the Department to
19 enforce this Act or aiding or abetting any individual,
20 foreign or domestic partnership, registered limited
21 liability partnership, limited liability company,
22 corporation, or other business entity in disregarding any
23 provision of this Act or the published rules adopted by the
24 Department to enforce this Act.
25 (41) Failing to provide the minimum services required
26 by Section 15-75 of this Act when acting under an exclusive

HB0321- 213 -LRB101 04001 HLH 49009 b
1 brokerage agreement.
2 (42) Habitual or excessive use or addiction to alcohol,
3 narcotics, stimulants, or any other chemical agent or drug
4 that results in a managing broker, broker, or leasing
5 agent's inability to practice with reasonable skill or
6 safety.
7 (43) Enabling, aiding, or abetting an auctioneer, as
8 defined in the Auction License Act, to conduct a real
9 estate auction in a manner that is in violation of this
10 Act.
11 (44) Permitting any leasing agent or temporary leasing
12 agent permit holder to engage in activities that require a
13 broker's or managing broker's license.
14 (b) The Department may refuse to issue or renew or may
15suspend the license of any person who fails to file a return,
16pay the tax, penalty or interest shown in a filed return, or
17pay any final assessment of tax, penalty, or interest, as
18required by any tax Act administered by the Department of
19Revenue, until such time as the requirements of that tax Act
20are satisfied in accordance with subsection (g) of Section
212105-15 of the Civil Administrative Code of Illinois.
22 (c) (Blank).
23 (d) In cases where the Department of Healthcare and Family
24Services (formerly Department of Public Aid) has previously
25determined that a licensee or a potential licensee is more than
2630 days delinquent in the payment of child support and has

HB0321- 214 -LRB101 04001 HLH 49009 b
1subsequently certified the delinquency to the Department may
2refuse to issue or renew or may revoke or suspend that person's
3license or may take other disciplinary action against that
4person based solely upon the certification of delinquency made
5by the Department of Healthcare and Family Services in
6accordance with item (5) of subsection (a) of Section 2105-15
7of the Civil Administrative Code of Illinois.
8 (e) In enforcing this Section, the Department or Board upon
9a showing of a possible violation may compel an individual
10licensed to practice under this Act, or who has applied for
11licensure under this Act, to submit to a mental or physical
12examination, or both, as required by and at the expense of the
13Department. The Department or Board may order the examining
14physician to present testimony concerning the mental or
15physical examination of the licensee or applicant. No
16information shall be excluded by reason of any common law or
17statutory privilege relating to communications between the
18licensee or applicant and the examining physician. The
19examining physicians shall be specifically designated by the
20Board or Department. The individual to be examined may have, at
21his or her own expense, another physician of his or her choice
22present during all aspects of this examination. Failure of an
23individual to submit to a mental or physical examination, when
24directed, shall be grounds for suspension of his or her license
25until the individual submits to the examination if the
26Department finds, after notice and hearing, that the refusal to

HB0321- 215 -LRB101 04001 HLH 49009 b
1submit to the examination was without reasonable cause.
2 If the Department or Board finds an individual unable to
3practice because of the reasons set forth in this Section, the
4Department or Board may require that individual to submit to
5care, counseling, or treatment by physicians approved or
6designated by the Department or Board, as a condition, term, or
7restriction for continued, reinstated, or renewed licensure to
8practice; or, in lieu of care, counseling, or treatment, the
9Department may file, or the Board may recommend to the
10Department to file, a complaint to immediately suspend, revoke,
11or otherwise discipline the license of the individual. An
12individual whose license was granted, continued, reinstated,
13renewed, disciplined or supervised subject to such terms,
14conditions, or restrictions, and who fails to comply with such
15terms, conditions, or restrictions, shall be referred to the
16Secretary for a determination as to whether the individual
17shall have his or her license suspended immediately, pending a
18hearing by the Department.
19 In instances in which the Secretary immediately suspends a
20person's license under this Section, a hearing on that person's
21license must be convened by the Department within 30 days after
22the suspension and completed without appreciable delay. The
23Department and Board shall have the authority to review the
24subject individual's record of treatment and counseling
25regarding the impairment to the extent permitted by applicable
26federal statutes and regulations safeguarding the

HB0321- 216 -LRB101 04001 HLH 49009 b
1confidentiality of medical records.
2 An individual licensed under this Act and affected under
3this Section shall be afforded an opportunity to demonstrate to
4the Department or Board that he or she can resume practice in
5compliance with acceptable and prevailing standards under the
6provisions of his or her license.
7(Source: P.A. 99-227, eff. 8-3-15; 100-22, eff. 1-1-18;
8100-188, eff. 1-1-18; 100-534, eff. 9-22-17; 100-831, eff.
91-1-19; 100-863, eff. 8-14-18; 100-872, eff. 8-14-18; revised
1010-22-18.)
11 Section 100. The Code of Criminal Procedure of 1963 is
12amended by changing Section 110-17 as follows:
13 (725 ILCS 5/110-17) (from Ch. 38, par. 110-17)
14 Sec. 110-17. Unclaimed bail deposits. Any sum of money
15deposited by any person to secure his or her release from
16custody which remains unclaimed by the person entitled to its
17return for 3 years after the conditions of the bail bond have
18been performed and the accused has been discharged from all
19obligations in the cause shall be presumed to be abandoned and
20subject to disposition under the Revised Uniform Disposition of
21Unclaimed Property Act.
22 (a) (Blank).
23 (b) (Blank).
24 (c) (Blank).

HB0321- 217 -LRB101 04001 HLH 49009 b
1 (d) (Blank).
2 (e) (Blank).
3(Source: P.A. 100-22, eff. 1-1-18; 100-929, eff. 1-1-19;
4revised 10-3-18.)
5 Section 105. The Probate Act of 1975 is amended by changing
6Sections 2-1 and 2-2 as follows:
7 (755 ILCS 5/2-1) (from Ch. 110 1/2, par. 2-1)
8 Sec. 2-1. Rules of descent and distribution. The intestate
9real and personal estate of a resident decedent and the
10intestate real estate in this State of a nonresident decedent,
11after all just claims against his estate are fully paid,
12descends and shall be distributed as follows:
13 (a) If there is a surviving spouse and also a descendant of
14the decedent: 1/2 of the entire estate to the surviving spouse
15and 1/2 to the decedent's descendants per stirpes.
16 (b) If there is no surviving spouse but a descendant of the
17decedent: the entire estate to the decedent's descendants per
18stirpes.
19 (c) If there is a surviving spouse but no descendant of the
20decedent: the entire estate to the surviving spouse.
21 (d) If there is no surviving spouse or descendant but a
22parent, brother, sister or descendant of a brother or sister of
23the decedent: the entire estate to the parents, brothers and
24sisters of the decedent in equal parts, allowing to the

HB0321- 218 -LRB101 04001 HLH 49009 b
1surviving parent if one is dead a double portion and to the
2descendants of a deceased brother or sister per stirpes the
3portion which the deceased brother or sister would have taken
4if living.
5 (e) If there is no surviving spouse, descendant, parent,
6brother, sister or descendant of a brother or sister of the
7decedent but a grandparent or descendant of a grandparent of
8the decedent: (1) 1/2 of the entire estate to the decedent's
9maternal grandparents in equal parts or to the survivor of
10them, or if there is none surviving, to their descendants per
11stirpes, and (2) 1/2 of the entire estate to the decedent's
12paternal grandparents in equal parts or to the survivor of
13them, or if there is none surviving, to their descendants per
14stirpes. If there is no surviving paternal grandparent or
15descendant of a paternal grandparent, but a maternal
16grandparent or descendant of a maternal grandparent of the
17decedent: the entire estate to the decedent's maternal
18grandparents in equal parts or to the survivor of them, or if
19there is none surviving, to their descendants per stirpes. If
20there is no surviving maternal grandparent or descendant of a
21maternal grandparent, but a paternal grandparent or descendant
22of a paternal grandparent of the decedent: the entire estate to
23the decedent's paternal grandparents in equal parts or to the
24survivor of them, or if there is none surviving, to their
25descendants per stirpes.
26 (f) If there is no surviving spouse, descendant, parent,

HB0321- 219 -LRB101 04001 HLH 49009 b
1brother, sister, descendant of a brother or sister or
2grandparent or descendant of a grandparent of the decedent: (1)
31/2 of the entire estate to the decedent's maternal
4great-grandparents in equal parts or to the survivor of them,
5or if there is none surviving, to their descendants per
6stirpes, and (2) 1/2 of the entire estate to the decedent's
7paternal great-grandparents in equal parts or to the survivor
8of them, or if there is none surviving, to their descendants
9per stirpes. If there is no surviving paternal
10great-grandparent or descendant of a paternal
11great-grandparent, but a maternal great-grandparent or
12descendant of a maternal great-grandparent of the decedent: the
13entire estate to the decedent's maternal great-grandparents in
14equal parts or to the survivor of them, or if there is none
15surviving, to their descendants per stirpes. If there is no
16surviving maternal great-grandparent or descendant of a
17maternal great-grandparent, but a paternal great-grandparent
18or descendant of a paternal great-grandparent of the decedent:
19the entire estate to the decedent's paternal
20great-grandparents in equal parts or to the survivor of them,
21or if there is none surviving, to their descendants per
22stirpes.
23 (g) If there is no surviving spouse, descendant, parent,
24brother, sister, descendant of a brother or sister,
25grandparent, descendant of a grandparent, great-grandparent or
26descendant of a great-grandparent of the decedent: the entire

HB0321- 220 -LRB101 04001 HLH 49009 b
1estate in equal parts to the nearest kindred of the decedent in
2equal degree (computing by the rules of the civil law) and
3without representation.
4 (h) If there is no surviving spouse and no known kindred of
5the decedent: the real estate escheats to the county in which
6it is located; the personal estate physically located within
7this State and the personal estate physically located or held
8outside this State which is the subject of ancillary
9administration of an estate being administered within this
10State escheats to the county of which the decedent was a
11resident, or, if the decedent was not a resident of this State,
12to the county in which it is located; all other personal
13property of the decedent of every class and character, wherever
14situate, or the proceeds thereof, shall escheat to this State
15and be delivered to the State Treasurer pursuant to the Revised
16Uniform Disposition of Unclaimed Property Act.
17 In no case is there any distinction between the kindred of
18the whole and the half blood.
19(Source: P.A. 100-22, eff. 1-1-18.)
20 (755 ILCS 5/2-2) (from Ch. 110 1/2, par. 2-2)
21 Sec. 2-2. Children born out of wedlock. The intestate real
22and personal estate of a resident decedent who was a child born
23out of wedlock at the time of death and the intestate real
24estate in this State of a nonresident decedent who was a child
25born out of wedlock at the time of death, after all just claims

HB0321- 221 -LRB101 04001 HLH 49009 b
1against his estate are fully paid, descends and shall be
2distributed as provided in Section 2-1, subject to Section
32-6.5 of this Act, if both parents are eligible parents. As
4used in this Section, "eligible parent" means a parent of the
5decedent who, during the decedent's lifetime, acknowledged the
6decedent as the parent's child, established a parental
7relationship with the decedent, and supported the decedent as
8the parent's child. "Eligible parents" who are in arrears of in
9excess of one year's child support obligations shall not
10receive any property benefit or other interest of the decedent
11unless and until a court of competent jurisdiction makes a
12determination as to the effect on the deceased of the arrearage
13and allows a reduced benefit. In no event shall the reduction
14of the benefit or other interest be less than the amount of
15child support owed for the support of the decedent at the time
16of death. The court's considerations shall include but are not
17limited to the considerations in subsections (1) through (3) of
18Section 2-6.5 of this Act.
19 If neither parent is an eligible parent, the intestate real
20and personal estate of a resident decedent who was a child born
21out of wedlock at the time of death and the intestate real
22estate in this State of a nonresident decedent who was a child
23born out of wedlock at the time of death, after all just claims
24against his or her estate are fully paid, descends and shall be
25distributed as provided in Section 2-1, but the parents of the
26decedent shall be treated as having predeceased the decedent.

HB0321- 222 -LRB101 04001 HLH 49009 b
1 If only one parent is an eligible parent, the intestate
2real and personal estate of a resident decedent who was a child
3born out of wedlock at the time of death and the intestate real
4estate in this State of a nonresident decedent who was a child
5born out of wedlock at the time of death, after all just claims
6against his or her estate are fully paid, subject to Section
72-6.5 of this Act, descends and shall be distributed as
8follows:
9 (a) If there is a surviving spouse and also a descendant of
10the decedent: 1/2 of the entire estate to the surviving spouse
11and 1/2 to the decedent's descendants per stirpes.
12 (b) If there is no surviving spouse but a descendant of the
13decedent: the entire estate to the decedent's descendants per
14stirpes.
15 (c) If there is a surviving spouse but no descendant of the
16decedent: the entire estate to the surviving spouse.
17 (d) If there is no surviving spouse or descendant but the
18eligible parent or a descendant of the eligible parent of the
19decedent: the entire estate to the eligible parent and the
20eligible parent's descendants, allowing 1/2 to the eligible
21parent and 1/2 to the eligible parent's descendants per
22stirpes.
23 (e) If there is no surviving spouse, descendant, eligible
24parent, or descendant of the eligible parent of the decedent,
25but a grandparent on the eligible parent's side of the family
26or descendant of such grandparent of the decedent: the entire

HB0321- 223 -LRB101 04001 HLH 49009 b
1estate to the decedent's grandparents on the eligible parent's
2side of the family in equal parts, or to the survivor of them,
3or if there is none surviving, to their descendants per
4stirpes.
5 (f) If there is no surviving spouse, descendant, eligible
6parent, descendant of the eligible parent, grandparent on the
7eligible parent's side of the family, or descendant of such
8grandparent of the decedent: the entire estate to the
9decedent's great-grandparents on the eligible parent's side of
10the family in equal parts or to the survivor of them, or if
11there is none surviving, to their descendants per stirpes.
12 (g) If there is no surviving spouse, descendant, eligible
13parent, descendant of the eligible parent, grandparent on the
14eligible parent's side of the family, descendant of such
15grandparent, great-grandparent on the eligible parent's side
16of the family, or descendant of such great-grandparent of the
17decedent: the entire estate in equal parts to the nearest
18kindred of the eligible parent of the decedent in equal degree
19(computing by the rules of the civil law) and without
20representation.
21 (h) If there is no surviving spouse, descendant, or
22eligible parent of the decedent and no known kindred of the
23eligible parent of the decedent: the real estate escheats to
24the county in which it is located; the personal estate
25physically located within this State and the personal estate
26physically located or held outside this State which is the

HB0321- 224 -LRB101 04001 HLH 49009 b
1subject of ancillary administration within this State escheats
2to the county of which the decedent was a resident or, if the
3decedent was not a resident of this State, to the county in
4which it is located; all other personal property of the
5decedent of every class and character, wherever situate, or the
6proceeds thereof, shall escheat to this State and be delivered
7to the State Treasurer of this State pursuant to the Revised
8Uniform Disposition of Unclaimed Property Act.
9 For purposes of inheritance, the changes made by this
10amendatory Act of 1998 apply to all decedents who die on or
11after the effective date of this amendatory Act of 1998. For
12the purpose of determining the property rights of any person
13under any instrument, the changes made by this amendatory Act
14of 1998 apply to all instruments executed on or after the
15effective date of this amendatory Act of 1998.
16 A child born out of wedlock is heir of his mother and of
17any maternal ancestor and of any person from whom his mother
18might have inherited, if living; and the descendants of a
19person who was a child born out of wedlock shall represent such
20person and take by descent any estate which the parent would
21have taken, if living. If a decedent has acknowledged paternity
22of a child born out of wedlock or if during his lifetime or
23after his death a decedent has been adjudged to be the father
24of a child born out of wedlock, that person is heir of his
25father and of any paternal ancestor and of any person from whom
26his father might have inherited, if living; and the descendants

HB0321- 225 -LRB101 04001 HLH 49009 b
1of a person who was a child born out of wedlock shall represent
2that person and take by descent any estate which the parent
3would have taken, if living. If during his lifetime the
4decedent was adjudged to be the father of a child born out of
5wedlock by a court of competent jurisdiction, an authenticated
6copy of the judgment is sufficient proof of the paternity; but
7in all other cases paternity must be proved by clear and
8convincing evidence. A person who was a child born out of
9wedlock whose parents intermarry and who is acknowledged by the
10father as the father's child is a lawful child of the father.
11After a child born out of wedlock is adopted, that person's
12relationship to his or her adopting and natural parents shall
13be governed by Section 2-4 of this Act. For purposes of
14inheritance, the changes made by this amendatory Act of 1997
15apply to all decedents who die on or after January 1, 1998. For
16the purpose of determining the property rights of any person
17under any instrument, the changes made by this amendatory Act
18of 1997 apply to all instruments executed on or after January
191, 1998.
20(Source: P.A. 100-22, eff. 1-1-18.)
21 Section 110. The Sale of Unclaimed Property Act is amended
22by changing Section 3 as follows:
23 (770 ILCS 90/3) (from Ch. 141, par. 3)
24 Sec. 3. All persons other than common carriers having a

HB0321- 226 -LRB101 04001 HLH 49009 b
1lien on personal property, by virtue of the Innkeepers Lien Act
2or for more than $2,000 by virtue of the Labor and Storage Lien
3Act may enforce the lien by a sale of the property, on giving
4to the owner thereof, if he and his residence be known to the
5person having such lien, 30 days' notice by certified mail, in
6writing of the time and place of such sale, and if the owner or
7his place of residence be unknown to the person having such
8lien, then upon his filing his affidavit to that effect with
9the clerk of the circuit court in the county where such
10property is situated; notice of the sale may be given by
11publishing the same once in each week for 3 successive weeks in
12some newspaper of general circulation published in the county,
13and out of the proceeds of the sale all costs and charges for
14advertising and making the same, and the amount of the lien
15shall be paid, and the surplus, if any, shall be paid to the
16owner of the property or, if not claimed by said owner, such
17surplus, if any, shall be disposed under the Revised Uniform
18Disposition of Unclaimed Property Act. All sales pursuant to
19this Section must be public and conducted in a commercially
20reasonable manner so as to maximize the net proceeds of the
21sale. Conformity to the requirements of this Act shall be a
22perpetual bar to any action against such lienor by any person
23for the recovery of such chattels or the value thereof or any
24damages growing out of the failure of such person to receive
25such chattels.
26(Source: P.A. 100-22, eff. 1-1-18.)

HB0321- 227 -LRB101 04001 HLH 49009 b
1 Section 115. The Business Corporation Act of 1983 is
2amended by changing Section 12.70 as follows:
3 (805 ILCS 5/12.70) (from Ch. 32, par. 12.70)
4 Sec. 12.70. Deposit of amount due certain shareholders.
5Upon the distribution of the assets of a corporation among its
6shareholders, the distributive portion to which a shareholder
7would be entitled who is unknown or can not cannot be found, or
8who is under disability and there is no person legally
9competent to receive such distributive portion, shall be
10presumed abandoned and reported and delivered to the State
11Treasurer and become subject to the provision of the Revised
12Uniform Disposition of Unclaimed Property Act. In the event
13such distribution is made other than in cash, such distributive
14portion of the assets shall be reduced to cash before being so
15reported and delivered.
16(Source: P.A. 100-22, eff. 1-1-18.)
17 Section 120. The General Not For Profit Corporation Act of
181986 is amended by changing Section 112.70 as follows:
19 (805 ILCS 105/112.70) (from Ch. 32, par. 112.70)
20 Sec. 112.70. Deposit of amount due. Upon the distribution
21of the assets of a corporation, the distributive portion to
22which a person would be entitled who is unknown or cannot be

HB0321- 228 -LRB101 04001 HLH 49009 b
1found, or who is under disability and there is no person
2legally competent to receive such distributive portion, shall
3be presumed abandoned and reported and delivered to the State
4Treasurer and become subject to the provisions of the Revised
5Uniform Disposition of Unclaimed Property Act. In the event
6such distribution is made other than in cash, such distributive
7portion of the assets shall be reduced to cash before being so
8reported and delivered.
9(Source: P.A. 100-22, eff. 1-1-18.)
10 Section 125. The Illinois Income Tax Act is amended by
11changing Sections 201, 203, 204, 208, 212, 901, 1501, 1102,
121103, and 1105 as follows:
13 (35 ILCS 5/201) (from Ch. 120, par. 2-201)
14 Sec. 201. Tax imposed.
15 (a) In general. A tax measured by net income is hereby
16imposed on every individual, corporation, trust and estate for
17each taxable year ending after July 31, 1969 on the privilege
18of earning or receiving income in or as a resident of this
19State. Such tax shall be in addition to all other occupation or
20privilege taxes imposed by this State or by any municipal
21corporation or political subdivision thereof.
22 (b) Rates. The tax imposed by subsection (a) of this
23Section shall be determined as follows, except as adjusted by
24subsection (d-1):

HB0321- 229 -LRB101 04001 HLH 49009 b
1 (1) In the case of an individual, trust or estate, for
2 taxable years ending prior to July 1, 1989, an amount equal
3 to 2 1/2% of the taxpayer's net income for the taxable
4 year.
5 (2) In the case of an individual, trust or estate, for
6 taxable years beginning prior to July 1, 1989 and ending
7 after June 30, 1989, an amount equal to the sum of (i) 2
8 1/2% of the taxpayer's net income for the period prior to
9 July 1, 1989, as calculated under Section 202.3, and (ii)
10 3% of the taxpayer's net income for the period after June
11 30, 1989, as calculated under Section 202.3.
12 (3) In the case of an individual, trust or estate, for
13 taxable years beginning after June 30, 1989, and ending
14 prior to January 1, 2011, an amount equal to 3% of the
15 taxpayer's net income for the taxable year.
16 (4) In the case of an individual, trust, or estate, for
17 taxable years beginning prior to January 1, 2011, and
18 ending after December 31, 2010, an amount equal to the sum
19 of (i) 3% of the taxpayer's net income for the period prior
20 to January 1, 2011, as calculated under Section 202.5, and
21 (ii) 5% of the taxpayer's net income for the period after
22 December 31, 2010, as calculated under Section 202.5.
23 (5) In the case of an individual, trust, or estate, for
24 taxable years beginning on or after January 1, 2011, and
25 ending prior to January 1, 2015, an amount equal to 5% of
26 the taxpayer's net income for the taxable year.

HB0321- 230 -LRB101 04001 HLH 49009 b
1 (5.1) In the case of an individual, trust, or estate,
2 for taxable years beginning prior to January 1, 2015, and
3 ending after December 31, 2014, an amount equal to the sum
4 of (i) 5% of the taxpayer's net income for the period prior
5 to January 1, 2015, as calculated under Section 202.5, and
6 (ii) 3.75% of the taxpayer's net income for the period
7 after December 31, 2014, as calculated under Section 202.5.
8 (5.2) In the case of an individual, trust, or estate,
9 for taxable years beginning on or after January 1, 2015,
10 and ending prior to July 1, 2017, an amount equal to 3.75%
11 of the taxpayer's net income for the taxable year.
12 (5.3) In the case of an individual, trust, or estate,
13 for taxable years beginning prior to July 1, 2017, and
14 ending after June 30, 2017, an amount equal to the sum of
15 (i) 3.75% of the taxpayer's net income for the period prior
16 to July 1, 2017, as calculated under Section 202.5, and
17 (ii) 4.95% of the taxpayer's net income for the period
18 after June 30, 2017, as calculated under Section 202.5.
19 (5.4) In the case of an individual, trust, or estate,
20 for taxable years beginning on or after July 1, 2017 and
21 ending prior to January 1, 2019, an amount equal to 4.95%
22 of the taxpayer's net income for the taxable year.
23 (5.5) In the case of an individual, trust, or estate,
24 for taxable years beginning prior to January 1, 2019, and
25 ending after December 31, 2018, an amount equal to the sum
26 of (i) 4.95% of the taxpayer's net income for the period

HB0321- 231 -LRB101 04001 HLH 49009 b
1 prior to January 1, 2019, as calculated under Section
2 202.5, and (ii) 3.75% of the taxpayer's net income for the
3 period after December 31, 2018, as calculated under Section
4 202.5.
5 (5.6) In the case of an individual, trust, or estate,
6 for taxable years beginning on or after January 1, 2019 and
7 ending prior to January 1, 2025, an amount equal to 3.75%
8 of the taxpayer's net income for the taxable year.
9 (5.7) In the case of an individual, trust, or estate,
10 for taxable years beginning prior to January 1, 2025, and
11 ending after December 31, 2024, an amount equal to the sum
12 of (i) 3.75% of the taxpayer's net income for the period
13 prior to January 1, 2025, as calculated under Section
14 202.5, and (ii) 3.25% of the taxpayer's net income for the
15 period after December 31, 2024, as calculated under Section
16 202.5.
17 (5.8) In the case of an individual, trust, or estate,
18 for taxable years beginning on or after January 1, 2025, an
19 amount equal to 3.25% of the taxpayer's net income for the
20 taxable year.
21 (6) In the case of a corporation, for taxable years
22 ending prior to July 1, 1989, an amount equal to 4% of the
23 taxpayer's net income for the taxable year.
24 (7) In the case of a corporation, for taxable years
25 beginning prior to July 1, 1989 and ending after June 30,
26 1989, an amount equal to the sum of (i) 4% of the

HB0321- 232 -LRB101 04001 HLH 49009 b
1 taxpayer's net income for the period prior to July 1, 1989,
2 as calculated under Section 202.3, and (ii) 4.8% of the
3 taxpayer's net income for the period after June 30, 1989,
4 as calculated under Section 202.3.
5 (8) In the case of a corporation, for taxable years
6 beginning after June 30, 1989, and ending prior to January
7 1, 2011, an amount equal to 4.8% of the taxpayer's net
8 income for the taxable year.
9 (9) In the case of a corporation, for taxable years
10 beginning prior to January 1, 2011, and ending after
11 December 31, 2010, an amount equal to the sum of (i) 4.8%
12 of the taxpayer's net income for the period prior to
13 January 1, 2011, as calculated under Section 202.5, and
14 (ii) 7% of the taxpayer's net income for the period after
15 December 31, 2010, as calculated under Section 202.5.
16 (10) In the case of a corporation, for taxable years
17 beginning on or after January 1, 2011, and ending prior to
18 January 1, 2015, an amount equal to 7% of the taxpayer's
19 net income for the taxable year.
20 (11) In the case of a corporation, for taxable years
21 beginning prior to January 1, 2015, and ending after
22 December 31, 2014, an amount equal to the sum of (i) 7% of
23 the taxpayer's net income for the period prior to January
24 1, 2015, as calculated under Section 202.5, and (ii) 5.25%
25 of the taxpayer's net income for the period after December
26 31, 2014, as calculated under Section 202.5.

HB0321- 233 -LRB101 04001 HLH 49009 b
1 (12) In the case of a corporation, for taxable years
2 beginning on or after January 1, 2015, and ending prior to
3 July 1, 2017, an amount equal to 5.25% of the taxpayer's
4 net income for the taxable year.
5 (13) In the case of a corporation, for taxable years
6 beginning prior to July 1, 2017, and ending after June 30,
7 2017, an amount equal to the sum of (i) 5.25% of the
8 taxpayer's net income for the period prior to July 1, 2017,
9 as calculated under Section 202.5, and (ii) 7% of the
10 taxpayer's net income for the period after June 30, 2017,
11 as calculated under Section 202.5.
12 (14) In the case of a corporation, for taxable years
13 beginning on or after July 1, 2017 and ending prior to
14 January 1, 2019, an amount equal to 7% of the taxpayer's
15 net income for the taxable year.
16 (15) In the case of a corporation, for taxable years
17 beginning prior to January 1, 2019 and ending after
18 December 31, 2018, an amount equal to the sum of (i) 7% of
19 the taxpayer's net income for the period prior to January
20 1, 2019, as calculated under Section 202.5, and (ii) 5.25%
21 of the taxpayer's net income for the period after December
22 31, 2014, as calculated under Section 202.5.
23 (16) In the case of a corporation, for taxable years
24 beginning after January 1, 2019 and ending prior to January
25 1, 2025, an amount equal to 5.25% of the taxpayer's net
26 income for the taxable year.

HB0321- 234 -LRB101 04001 HLH 49009 b
1 (17) In the case of a corporation, for taxable years
2 beginning prior to January 1, 2025 and ending after
3 December 31, 2024, an amount equal to the sum of (i) 5.25%
4 of the taxpayer's net income for the period prior to
5 January 1, 2025, as calculated under Section 202.5, and
6 (ii) 4.8% of the taxpayer's net income for the period after
7 December 31, 2024, as calculated under Section 202.5.
8 (18) In the case of a corporation, for taxable years
9 beginning on or after January 1, 2025, an amount equal to
10 4.8% of the taxpayer's net income for the taxable year.
11 The rates under this subsection (b) are subject to the
12provisions of Section 201.5.
13 (c) Personal Property Tax Replacement Income Tax.
14Beginning on July 1, 1979 and thereafter, in addition to such
15income tax, there is also here