Bill Text: IL HB1636 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Reinserts the provisions of the introduced bill with the following changes. In provisions concerning executors administering the estate of a decedent, provides that any person, corporation, or financial institution that conducts business or performs transactions on behalf of or at the direction of an executor or administrator with the will annexed shall be fully protected and released from liability to the same extent that the executor or administrator with the will annexed would be if the executor or administrator with the will annexed was lawfully authorized to conduct the business or perform the transaction, unless the person, corporation, or financial institution had actual knowledge that the executor or administer was not acting upon lawful authority.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2023-03-27 - Referred to Assignments [HB1636 Detail]

Download: Illinois-2023-HB1636-Engrossed.html

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HB1636 Engrossed LRB103 25127 BMS 51464 b
AN ACT concerning finances.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Banking Act is amended by changing
Section 48.1 as follows:
(205 ILCS 5/48.1) (from Ch. 17, par. 360)
Sec. 48.1. Customer financial records; confidentiality.
(a) For the purpose of this Section, the term "financial
records" means any original, any copy, or any summary of:
(1) a document granting signature authority over a
deposit or account;
(2) a statement, ledger card or other record on any
deposit or account, which shows each transaction in or
with respect to that account;
(3) a check, draft or money order drawn on a bank or
issued and payable by a bank; or
(4) any other item containing information pertaining
to any relationship established in the ordinary course of
a bank's business between a bank and its customer,
including financial statements or other financial
information provided by the customer.
(b) This Section does not prohibit:
(1) The preparation, examination, handling or

HB1636 Engrossed - 2 - LRB103 25127 BMS 51464 b
maintenance of any financial records by any officer,
employee or agent of a bank having custody of the records,
or the examination of the records by a certified public
accountant engaged by the bank to perform an independent
audit.
(2) The examination of any financial records by, or
the furnishing of financial records by a bank to, any
officer, employee or agent of (i) the Commissioner of
Banks and Real Estate, (ii) after May 31, 1997, a state
regulatory authority authorized to examine a branch of a
State bank located in another state, (iii) the Comptroller
of the Currency, (iv) the Federal Reserve Board, or (v)
the Federal Deposit Insurance Corporation for use solely
in the exercise of his duties as an officer, employee, or
agent.
(3) The publication of data furnished from financial
records relating to customers where the data cannot be
identified to any particular customer or account.
(4) The making of reports or returns required under
Chapter 61 of the Internal Revenue Code of 1986.
(5) Furnishing information concerning the dishonor of
any negotiable instrument permitted to be disclosed under
the Uniform Commercial Code.
(6) The exchange in the regular course of business of
(i) credit information between a bank and other banks or
financial institutions or commercial enterprises, directly

HB1636 Engrossed - 3 - LRB103 25127 BMS 51464 b
or through a consumer reporting agency or (ii) financial
records or information derived from financial records
between a bank and other banks or financial institutions
or commercial enterprises for the purpose of conducting
due diligence pursuant to a purchase or sale involving the
bank or assets or liabilities of the bank.
(7) The furnishing of information to the appropriate
law enforcement authorities where the bank reasonably
believes it has been the victim of a crime.
(8) The furnishing of information under the Revised
Uniform Unclaimed Property Act.
(9) The furnishing of information under the Illinois
Income Tax Act and the Illinois Estate and
Generation-Skipping Transfer Tax Act.
(10) The furnishing of information under the federal
Currency and Foreign Transactions Reporting Act Title 31,
United States Code, Section 1051 et seq.
(11) The furnishing of information under any other
statute that by its terms or by regulations promulgated
thereunder requires the disclosure of financial records
other than by subpoena, summons, warrant, or court order.
(12) The furnishing of information about the existence
of an account of a person to a judgment creditor of that
person who has made a written request for that
information.
(13) The exchange in the regular course of business of

HB1636 Engrossed - 4 - LRB103 25127 BMS 51464 b
information between commonly owned banks in connection
with a transaction authorized under paragraph (23) of
Section 5 and conducted at an affiliate facility.
(14) The furnishing of information in accordance with
the federal Personal Responsibility and Work Opportunity
Reconciliation Act of 1996. Any bank governed by this Act
shall enter into an agreement for data exchanges with a
State agency provided the State agency pays to the bank a
reasonable fee not to exceed its actual cost incurred. A
bank providing information in accordance with this item
shall not be liable to any account holder or other person
for any disclosure of information to a State agency, for
encumbering or surrendering any assets held by the bank in
response to a lien or order to withhold and deliver issued
by a State agency, or for any other action taken pursuant
to this item, including individual or mechanical errors,
provided the action does not constitute gross negligence
or willful misconduct. A bank shall have no obligation to
hold, encumber, or surrender assets until it has been
served with a subpoena, summons, warrant, court or
administrative order, lien, or levy.
(15) The exchange in the regular course of business of
information between a bank and any commonly owned
affiliate of the bank, subject to the provisions of the
Financial Institutions Insurance Sales Law.
(16) The furnishing of information to law enforcement

HB1636 Engrossed - 5 - LRB103 25127 BMS 51464 b
authorities, the Illinois Department on Aging and its
regional administrative and provider agencies, the
Department of Human Services Office of Inspector General,
or public guardians: (i) upon subpoena by the
investigatory entity or the guardian, or (ii) if there is
suspicion by the bank that a customer who is an elderly
person or person with a disability has been or may become
the victim of financial exploitation. For the purposes of
this item (16), the term: (i) "elderly person" means a
person who is 60 or more years of age, (ii) "disabled
person" means a person who has or reasonably appears to
the bank to have a physical or mental disability that
impairs his or her ability to seek or obtain protection
from or prevent financial exploitation, and (iii)
"financial exploitation" means tortious or illegal use of
the assets or resources of an elderly or disabled person,
and includes, without limitation, misappropriation of the
elderly or disabled person's assets or resources by undue
influence, breach of fiduciary relationship, intimidation,
fraud, deception, extortion, or the use of assets or
resources in any manner contrary to law. A bank or person
furnishing information pursuant to this item (16) shall be
entitled to the same rights and protections as a person
furnishing information under the Adult Protective Services
Act and the Illinois Domestic Violence Act of 1986.
(17) The disclosure of financial records or

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information as necessary to effect, administer, or enforce
a transaction requested or authorized by the customer, or
in connection with:
(A) servicing or processing a financial product or
service requested or authorized by the customer;
(B) maintaining or servicing a customer's account
with the bank; or
(C) a proposed or actual securitization or
secondary market sale (including sales of servicing
rights) related to a transaction of a customer.
Nothing in this item (17), however, authorizes the
sale of the financial records or information of a customer
without the consent of the customer.
(18) The disclosure of financial records or
information as necessary to protect against actual or
potential fraud, unauthorized transactions, claims, or
other liability.
(19)(A) The disclosure of financial records or
information related to a private label credit program
between a financial institution and a private label party
in connection with that private label credit program. Such
information is limited to outstanding balance, available
credit, payment and performance and account history,
product references, purchase information, and information
related to the identity of the customer.
(B)(1) For purposes of this paragraph (19) of

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subsection (b) of Section 48.1, a "private label credit
program" means a credit program involving a financial
institution and a private label party that is used by a
customer of the financial institution and the private
label party primarily for payment for goods or services
sold, manufactured, or distributed by a private label
party.
(2) For purposes of this paragraph (19) of subsection
(b) of Section 48.1, a "private label party" means, with
respect to a private label credit program, any of the
following: a retailer, a merchant, a manufacturer, a trade
group, or any such person's affiliate, subsidiary, member,
agent, or service provider.
(20)(A) The furnishing of financial records of a
customer to the Department to aid the Department's initial
determination or subsequent re-determination of the
customer's eligibility for Medicaid and Medicaid long-term
care benefits for long-term care services, provided that
the bank receives the written consent and authorization of
the customer, which shall:
(1) have the customer's signature notarized;
(2) be signed by at least one witness who
certifies that he or she believes the customer to be of
sound mind and memory;
(3) be tendered to the bank at the earliest
practicable time following its execution,

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certification, and notarization;
(4) specifically limit the disclosure of the
customer's financial records to the Department; and
(5) be in substantially the following form:
CUSTOMER CONSENT AND AUTHORIZATION
FOR RELEASE OF FINANCIAL RECORDS
I, ......................................., hereby authorize
(Name of Customer)
.............................................................
(Name of Financial Institution)
.............................................................
(Address of Financial Institution)
to disclose the following financial records:
any and all information concerning my deposit, savings, money
market, certificate of deposit, individual retirement,
retirement plan, 401(k) plan, incentive plan, employee benefit
plan, mutual fund and loan accounts (including, but not
limited to, any indebtedness or obligation for which I am a
co-borrower, co-obligor, guarantor, or surety), and any and
all other accounts in which I have an interest and any other

HB1636 Engrossed - 9 - LRB103 25127 BMS 51464 b
information regarding me in the possession of the Financial
Institution,
to the Illinois Department of Human Services or the Illinois
Department of Healthcare and Family Services, or both ("the
Department"), for the following purpose(s):
to aid in the initial determination or re-determination by the
State of Illinois of my eligibility for Medicaid long-term
care benefits, pursuant to applicable law.
I understand that this Consent and Authorization may be
revoked by me in writing at any time before my financial
records, as described above, are disclosed, and that this
Consent and Authorization is valid until the Financial
Institution receives my written revocation. This Consent and
Authorization shall constitute valid authorization for the
Department identified above to inspect all such financial
records set forth above, and to request and receive copies of
such financial records from the Financial Institution (subject
to such records search and reproduction reimbursement policies
as the Financial Institution may have in place). An executed
copy of this Consent and Authorization shall be sufficient and
as good as the original and permission is hereby granted to
honor a photostatic or electronic copy of this Consent and
Authorization. Disclosure is strictly limited to the

HB1636 Engrossed - 10 - LRB103 25127 BMS 51464 b
Department identified above and no other person or entity
shall receive my financial records pursuant to this Consent
and Authorization. By signing this form, I agree to indemnify
and hold the Financial Institution harmless from any and all
claims, demands, and losses, including reasonable attorneys
fees and expenses, arising from or incurred in its reliance on
this Consent and Authorization. As used herein, "Customer"
shall mean "Member" if the Financial Institution is a credit
union.
....................... ......................
(Date) (Signature of Customer)
......................
......................
(Address of Customer)
......................
(Customer's birth date)
(month/day/year)
The undersigned witness certifies that .................,
known to me to be the same person whose name is subscribed as
the customer to the foregoing Consent and Authorization,
appeared before me and the notary public and acknowledged
signing and delivering the instrument as his or her free and

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

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acknowledged signing and delivering the instrument as the free
and voluntary act of the customer for the uses and purposes
therein set forth.
Dated:.......................................................
Notary Public:...............................................
My commission expires:.......................................
(B) In no event shall the bank distribute the
customer's financial records to the long-term care
facility from which the customer seeks initial or
continuing residency or long-term care services.
(C) A bank providing financial records of a customer
in good faith relying on a consent and authorization
executed and tendered in accordance with this paragraph
(20) shall not be liable to the customer or any other
person in relation to the bank's disclosure of the
customer's financial records to the Department. The
customer signing the consent and authorization shall
indemnify and hold the bank harmless that relies in good
faith upon the consent and authorization and incurs a loss
because of such reliance. The bank recovering under this
indemnification provision shall also be entitled to
reasonable attorney's fees and the expenses of recovery.
(D) A bank shall be reimbursed by the customer for all
costs reasonably necessary and directly incurred in

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searching for, reproducing, and disclosing a customer's
financial records required or requested to be produced
pursuant to any consent and authorization executed under
this paragraph (20). The requested financial records shall
be delivered to the Department within 10 days after
receiving a properly executed consent and authorization or
at the earliest practicable time thereafter if the
requested records cannot be delivered within 10 days, but
delivery may be delayed until the final reimbursement of
all costs is received by the bank. The bank may honor a
photostatic or electronic copy of a properly executed
consent and authorization.
(E) Nothing in this paragraph (20) shall impair,
abridge, or abrogate the right of a customer to:
(1) directly disclose his or her financial records
to the Department or any other person; or
(2) authorize his or her attorney or duly
appointed agent to request and obtain the customer's
financial records and disclose those financial records
to the Department.
(F) For purposes of this paragraph (20), "Department"
means the Department of Human Services and the Department
of Healthcare and Family Services or any successor
administrative agency of either agency.
(21) The furnishing of financial information to the
executor, executrix, administrator, or other lawful

HB1636 Engrossed - 14 - LRB103 25127 BMS 51464 b
representative of the estate of a customer.
(c) Except as otherwise provided by this Act, a bank may
not disclose to any person, except to the customer or his duly
authorized agent, any financial records or financial
information obtained from financial records relating to that
customer of that bank unless:
(1) the customer has authorized disclosure to the
person;
(2) the financial records are disclosed in response to
a lawful subpoena, summons, warrant, citation to discover
assets, or court order which meets the requirements of
subsection (d) of this Section; or
(3) the bank is attempting to collect an obligation
owed to the bank and the bank complies with the provisions
of Section 2I of the Consumer Fraud and Deceptive Business
Practices Act.
(d) A bank shall disclose financial records under
paragraph (2) of subsection (c) of this Section under a lawful
subpoena, summons, warrant, citation to discover assets, or
court order only after the bank sends a copy of the subpoena,
summons, warrant, citation to discover assets, or court order
to the person establishing the relationship with the bank, if
living, and, otherwise the person's personal representative,
if known, at the person's last known address by first class
mail, postage prepaid, through a third-party commercial
carrier or courier with delivery charge fully prepaid, by hand

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delivery, or by electronic delivery at an email address on
file with the bank (if the person establishing the
relationship with the bank has consented to receive electronic
delivery and, if the person establishing the relationship with
the bank is a consumer, the person has consented under the
consumer consent provisions set forth in Section 7001 of Title
15 of the United States Code), unless the bank is specifically
prohibited from notifying the person by order of court or by
applicable State or federal law. A bank shall not mail a copy
of a subpoena to any person pursuant to this subsection if the
subpoena was issued by a grand jury under the Statewide Grand
Jury Act.
(e) Any officer or employee of a bank who knowingly and
willfully furnishes financial records in violation of this
Section is guilty of a business offense and, upon conviction,
shall be fined not more than $1,000.
(f) Any person who knowingly and willfully induces or
attempts to induce any officer or employee of a bank to
disclose financial records in violation of this Section is
guilty of a business offense and, upon conviction, shall be
fined not more than $1,000.
(g) A bank shall be reimbursed for costs that are
reasonably necessary and that have been directly incurred in
searching for, reproducing, or transporting books, papers,
records, or other data required or requested to be produced
pursuant to a lawful subpoena, summons, warrant, citation to

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discover assets, or court order. The Commissioner shall
determine the rates and conditions under which payment may be
made.
(Source: P.A. 101-81, eff. 7-12-19; 102-873, eff. 5-13-22.)
Section 10. The Savings Bank Act is amended by changing
Section 4013 as follows:
(205 ILCS 205/4013) (from Ch. 17, par. 7304-13)
Sec. 4013. Access to books and records; communication with
members and shareholders.
(a) Every member or shareholder shall have the right to
inspect books and records of the savings bank that pertain to
his accounts. Otherwise, the right of inspection and
examination of the books and records shall be limited as
provided in this Act, and no other person shall have access to
the books and records nor shall be entitled to a list of the
members or shareholders.
(b) For the purpose of this Section, the term "financial
records" means any original, any copy, or any summary of (1) a
document granting signature authority over a deposit or
account; (2) a statement, ledger card, or other record on any
deposit or account that shows each transaction in or with
respect to that account; (3) a check, draft, or money order
drawn on a savings bank or issued and payable by a savings
bank; or (4) any other item containing information pertaining

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to any relationship established in the ordinary course of a
savings bank's business between a savings bank and its
customer, including financial statements or other financial
information provided by the member or shareholder.
(c) This Section does not prohibit:
(1) The preparation, examination, handling, or
maintenance of any financial records by any officer,
employee, or agent of a savings bank having custody of
records or examination of records by a certified public
accountant engaged by the savings bank to perform an
independent audit.
(2) The examination of any financial records by, or
the furnishing of financial records by a savings bank to,
any officer, employee, or agent of the Commissioner of
Banks and Real Estate or the federal depository
institution regulator for use solely in the exercise of
his duties as an officer, employee, or agent.
(3) The publication of data furnished from financial
records relating to members or holders of capital where
the data cannot be identified to any particular member,
shareholder, or account.
(4) The making of reports or returns required under
Chapter 61 of the Internal Revenue Code of 1986.
(5) Furnishing information concerning the dishonor of
any negotiable instrument permitted to be disclosed under
the Uniform Commercial Code.

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(6) The exchange in the regular course of business of
(i) credit information between a savings bank and other
savings banks or financial institutions or commercial
enterprises, directly or through a consumer reporting
agency or (ii) financial records or information derived
from financial records between a savings bank and other
savings banks or financial institutions or commercial
enterprises for the purpose of conducting due diligence
pursuant to a purchase or sale involving the savings bank
or assets or liabilities of the savings bank.
(7) The furnishing of information to the appropriate
law enforcement authorities where the savings bank
reasonably believes it has been the victim of a crime.
(8) The furnishing of information pursuant to the
Revised Uniform Unclaimed Property Act.
(9) The furnishing of information pursuant to the
Illinois Income Tax Act and the Illinois Estate and
Generation-Skipping Transfer Tax Act.
(10) The furnishing of information pursuant to the
federal Currency and Foreign Transactions Reporting Act,
(Title 31, United States Code, Section 1051 et seq.).
(11) The furnishing of information pursuant to any
other statute which by its terms or by regulations
promulgated thereunder requires the disclosure of
financial records other than by subpoena, summons,
warrant, or court order.

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

HB1636 Engrossed - 20 - LRB103 25127 BMS 51464 b
elderly person or person with a disability has been or may
become the victim of financial exploitation. For the
purposes of this item (13), the term: (i) "elderly person"
means a person who is 60 or more years of age, (ii) "person
with a disability" means a person who has or reasonably
appears to the savings bank to have a physical or mental
disability that impairs his or her ability to seek or
obtain protection from or prevent financial exploitation,
and (iii) "financial exploitation" means tortious or
illegal use of the assets or resources of an elderly
person or person with a disability, and includes, without
limitation, misappropriation of the assets or resources of
the elderly person or person with a disability by undue
influence, breach of fiduciary relationship, intimidation,
fraud, deception, extortion, or the use of assets or
resources in any manner contrary to law. A savings bank or
person furnishing information pursuant to this item (13)
shall be entitled to the same rights and protections as a
person furnishing information under the Adult Protective
Services Act and the Illinois Domestic Violence Act of
1986.
(14) The disclosure of financial records or
information as necessary to effect, administer, or enforce
a transaction requested or authorized by the member or
holder of capital, or in connection with:
(A) servicing or processing a financial product or

HB1636 Engrossed - 21 - LRB103 25127 BMS 51464 b
service requested or authorized by the member or
holder of capital;
(B) maintaining or servicing an account of a
member or holder of capital with the savings bank; or
(C) a proposed or actual securitization or
secondary market sale (including sales of servicing
rights) related to a transaction of a member or holder
of capital.
Nothing in this item (14), however, authorizes the
sale of the financial records or information of a member
or holder of capital without the consent of the member or
holder of capital.
(15) The exchange in the regular course of business of
information between a savings bank and any commonly owned
affiliate of the savings bank, subject to the provisions
of the Financial Institutions Insurance Sales Law.
(16) The disclosure of financial records or
information as necessary to protect against or prevent
actual or potential fraud, unauthorized transactions,
claims, or other liability.
(17)(a) The disclosure of financial records or
information related to a private label credit program
between a financial institution and a private label party
in connection with that private label credit program. Such
information is limited to outstanding balance, available
credit, payment and performance and account history,

HB1636 Engrossed - 22 - LRB103 25127 BMS 51464 b
product references, purchase information, and information
related to the identity of the customer.
(b)(1) For purposes of this paragraph (17) of
subsection (c) of Section 4013, a "private label credit
program" means a credit program involving a financial
institution and a private label party that is used by a
customer of the financial institution and the private
label party primarily for payment for goods or services
sold, manufactured, or distributed by a private label
party.
(2) For purposes of this paragraph (17) of subsection
(c) of Section 4013, a "private label party" means, with
respect to a private label credit program, any of the
following: a retailer, a merchant, a manufacturer, a trade
group, or any such person's affiliate, subsidiary, member,
agent, or service provider.
(18)(a) The furnishing of financial records of a
customer to the Department to aid the Department's initial
determination or subsequent re-determination of the
customer's eligibility for Medicaid and Medicaid long-term
care benefits for long-term care services, provided that
the savings bank receives the written consent and
authorization of the customer, which shall:
(1) have the customer's signature notarized;
(2) be signed by at least one witness who
certifies that he or she believes the customer to be of

HB1636 Engrossed - 23 - LRB103 25127 BMS 51464 b
sound mind and memory;
(3) be tendered to the savings bank at the
earliest practicable time following its execution,
certification, and notarization;
(4) specifically limit the disclosure of the
customer's financial records to the Department; and
(5) be in substantially the following form:
CUSTOMER CONSENT AND AUTHORIZATION
FOR RELEASE OF FINANCIAL RECORDS
I, ......................................., hereby authorize
(Name of Customer)
.............................................................
(Name of Financial Institution)
.............................................................
(Address of Financial Institution)
to disclose the following financial records:
any and all information concerning my deposit, savings, money
market, certificate of deposit, individual retirement,
retirement plan, 401(k) plan, incentive plan, employee benefit
plan, mutual fund and loan accounts (including, but not

HB1636 Engrossed - 24 - LRB103 25127 BMS 51464 b
limited to, any indebtedness or obligation for which I am a
co-borrower, co-obligor, guarantor, or surety), and any and
all other accounts in which I have an interest and any other
information regarding me in the possession of the Financial
Institution,
to the Illinois Department of Human Services or the Illinois
Department of Healthcare and Family Services, or both ("the
Department"), for the following purpose(s):
to aid in the initial determination or re-determination by the
State of Illinois of my eligibility for Medicaid long-term
care benefits, pursuant to applicable law.
I understand that this Consent and Authorization may be
revoked by me in writing at any time before my financial
records, as described above, are disclosed, and that this
Consent and Authorization is valid until the Financial
Institution receives my written revocation. This Consent and
Authorization shall constitute valid authorization for the
Department identified above to inspect all such financial
records set forth above, and to request and receive copies of
such financial records from the Financial Institution (subject
to such records search and reproduction reimbursement policies
as the Financial Institution may have in place). An executed
copy of this Consent and Authorization shall be sufficient and

HB1636 Engrossed - 25 - LRB103 25127 BMS 51464 b
as good as the original and permission is hereby granted to
honor a photostatic or electronic copy of this Consent and
Authorization. Disclosure is strictly limited to the
Department identified above and no other person or entity
shall receive my financial records pursuant to this Consent
and Authorization. By signing this form, I agree to indemnify
and hold the Financial Institution harmless from any and all
claims, demands, and losses, including reasonable attorneys
fees and expenses, arising from or incurred in its reliance on
this Consent and Authorization. As used herein, "Customer"
shall mean "Member" if the Financial Institution is a credit
union.
....................... ......................
(Date) (Signature of Customer)
......................
......................
(Address of Customer)
......................
(Customer's birth date)
(month/day/year)
The undersigned witness certifies that .................,
known to me to be the same person whose name is subscribed as

HB1636 Engrossed - 26 - LRB103 25127 BMS 51464 b
the customer to the foregoing Consent and Authorization,
appeared before me and the notary public and acknowledged
signing and delivering the instrument as his or her free and
voluntary act for the uses and purposes therein set forth. I
believe him or her to be of sound mind and memory. The
undersigned witness also certifies that the witness is not an
owner, operator, or relative of an owner or operator of a
long-term care facility in which the customer is a patient or
resident.
Dated: ................. ......................
(Signature of Witness)
......................
(Print Name of Witness)
......................
......................
(Address of Witness)
State of Illinois)
) ss.
County of .......)
The undersigned, a notary public in and for the above county
and state, certifies that .........., known to me to be the

HB1636 Engrossed - 27 - LRB103 25127 BMS 51464 b
same person whose name is subscribed as the customer to the
foregoing Consent and Authorization, appeared before me
together with the witness, .........., in person and
acknowledged signing and delivering the instrument as the free
and voluntary act of the customer for the uses and purposes
therein set forth.
Dated:.......................................................
Notary Public:...............................................
My commission expires:.......................................
(b) In no event shall the savings bank distribute the
customer's financial records to the long-term care
facility from which the customer seeks initial or
continuing residency or long-term care services.
(c) A savings bank providing financial records of a
customer in good faith relying on a consent and
authorization executed and tendered in accordance with
this paragraph (18) shall not be liable to the customer or
any other person in relation to the savings bank's
disclosure of the customer's financial records to the
Department. The customer signing the consent and
authorization shall indemnify and hold the savings bank
harmless that relies in good faith upon the consent and
authorization and incurs a loss because of such reliance.
The savings bank recovering under this indemnification

HB1636 Engrossed - 28 - LRB103 25127 BMS 51464 b
provision shall also be entitled to reasonable attorney's
fees and the expenses of recovery.
(d) A savings bank shall be reimbursed by the customer
for all costs reasonably necessary and directly incurred
in searching for, reproducing, and disclosing a customer's
financial records required or requested to be produced
pursuant to any consent and authorization executed under
this paragraph (18). The requested financial records shall
be delivered to the Department within 10 days after
receiving a properly executed consent and authorization or
at the earliest practicable time thereafter if the
requested records cannot be delivered within 10 days, but
delivery may be delayed until the final reimbursement of
all costs is received by the savings bank. The savings
bank may honor a photostatic or electronic copy of a
properly executed consent and authorization.
(e) Nothing in this paragraph (18) shall impair,
abridge, or abrogate the right of a customer to:
(1) directly disclose his or her financial records
to the Department or any other person; or
(2) authorize his or her attorney or duly
appointed agent to request and obtain the customer's
financial records and disclose those financial records
to the Department.
(f) For purposes of this paragraph (18), "Department"
means the Department of Human Services and the Department

HB1636 Engrossed - 29 - LRB103 25127 BMS 51464 b
of Healthcare and Family Services or any successor
administrative agency of either agency.
(19) The furnishing of financial information to the
executor, executrix, administrator, or other lawful
representative of the estate of a customer.
(d) A savings bank may not disclose to any person, except
to the member or holder of capital or his duly authorized
agent, any financial records relating to that member or
shareholder of the savings bank unless:
(1) the member or shareholder has authorized
disclosure to the person; or
(2) the financial records are disclosed in response to
a lawful subpoena, summons, warrant, citation to discover
assets, or court order that meets the requirements of
subsection (e) of this Section.
(e) A savings bank shall disclose financial records under
subsection (d) of this Section pursuant to a lawful subpoena,
summons, warrant, citation to discover assets, or court order
only after the savings bank sends a copy of the subpoena,
summons, warrant, citation to discover assets, or court order
to the person establishing the relationship with the savings
bank, if living, and otherwise, the person's personal
representative, if known, at the person's last known address
by first class mail, postage prepaid, through a third-party
commercial carrier or courier with delivery charge fully
prepaid, by hand delivery, or by electronic delivery at an

HB1636 Engrossed - 30 - LRB103 25127 BMS 51464 b
email address on file with the savings bank (if the person
establishing the relationship with the savings bank has
consented to receive electronic delivery and, if the person
establishing the relationship with the savings bank is a
consumer, the person has consented under the consumer consent
provisions set forth in Section 7001 of Title 15 of the United
States Code), unless the savings bank is specifically
prohibited from notifying the person by order of court.
(f) Any officer or employee of a savings bank who
knowingly and willfully furnishes financial records in
violation of this Section is guilty of a business offense and,
upon conviction, shall be fined not more than $1,000.
(g) Any person who knowingly and willfully induces or
attempts to induce any officer or employee of a savings bank to
disclose financial records in violation of this Section is
guilty of a business offense and, upon conviction, shall be
fined not more than $1,000.
(h) If any member or shareholder desires to communicate
with the other members or shareholders of the savings bank
with reference to any question pending or to be presented at an
annual or special meeting, the savings bank shall give that
person, upon request, a statement of the approximate number of
members or shareholders entitled to vote at the meeting and an
estimate of the cost of preparing and mailing the
communication. The requesting member shall submit the
communication to the Commissioner who, upon finding it to be

HB1636 Engrossed - 31 - LRB103 25127 BMS 51464 b
appropriate and truthful, shall direct that it be prepared and
mailed to the members upon the requesting member's or
shareholder's payment or adequate provision for payment of the
expenses of preparation and mailing.
(i) A savings bank shall be reimbursed for costs that are
necessary and that have been directly incurred in searching
for, reproducing, or transporting books, papers, records, or
other data of a customer required to be reproduced pursuant to
a lawful subpoena, warrant, citation to discover assets, or
court order.
(j) Notwithstanding the provisions of this Section, a
savings bank may sell or otherwise make use of lists of
customers' names and addresses. All other information
regarding a customer's account is subject to the disclosure
provisions of this Section. At the request of any customer,
that customer's name and address shall be deleted from any
list that is to be sold or used in any other manner beyond
identification of the customer's accounts.
(Source: P.A. 102-873, eff. 5-13-22.)
Section 15. The Illinois Credit Union Act is amended by
changing Section 10 as follows:
(205 ILCS 305/10) (from Ch. 17, par. 4411)
Sec. 10. Credit union records; member financial records.
(1) A credit union shall establish and maintain books,

HB1636 Engrossed - 32 - LRB103 25127 BMS 51464 b
records, accounting systems and procedures which accurately
reflect its operations and which enable the Department to
readily ascertain the true financial condition of the credit
union and whether it is complying with this Act.
(2) A photostatic or photographic reproduction of any
credit union records shall be admissible as evidence of
transactions with the credit union.
(3)(a) For the purpose of this Section, the term
"financial records" means any original, any copy, or any
summary of (1) a document granting signature authority over an
account, (2) a statement, ledger card or other record on any
account which shows each transaction in or with respect to
that account, (3) a check, draft or money order drawn on a
financial institution or other entity or issued and payable by
or through a financial institution or other entity, or (4) any
other item containing information pertaining to any
relationship established in the ordinary course of business
between a credit union and its member, including financial
statements or other financial information provided by the
member.
(b) This Section does not prohibit:
(1) The preparation, examination, handling or
maintenance of any financial records by any officer,
employee or agent of a credit union having custody of such
records, or the examination of such records by a certified
public accountant engaged by the credit union to perform

HB1636 Engrossed - 33 - LRB103 25127 BMS 51464 b
an independent audit.
(2) The examination of any financial records by or the
furnishing of financial records by a credit union to any
officer, employee or agent of the Department, the National
Credit Union Administration, Federal Reserve board or any
insurer of share accounts for use solely in the exercise
of his duties as an officer, employee or agent.
(3) The publication of data furnished from financial
records relating to members where the data cannot be
identified to any particular customer of account.
(4) The making of reports or returns required under
Chapter 61 of the Internal Revenue Code of 1954.
(5) Furnishing information concerning the dishonor of
any negotiable instrument permitted to be disclosed under
the Uniform Commercial Code.
(6) The exchange in the regular course of business of
(i) credit information between a credit union and other
credit unions or financial institutions or commercial
enterprises, directly or through a consumer reporting
agency or (ii) financial records or information derived
from financial records between a credit union and other
credit unions or financial institutions or commercial
enterprises for the purpose of conducting due diligence
pursuant to a merger or a purchase or sale of assets or
liabilities of the credit union.
(7) The furnishing of information to the appropriate

HB1636 Engrossed - 34 - LRB103 25127 BMS 51464 b
law enforcement authorities where the credit union
reasonably believes it has been the victim of a crime.
(8) The furnishing of information pursuant to the
Revised Uniform Unclaimed Property Act.
(9) The furnishing of information pursuant to the
Illinois Income Tax Act and the Illinois Estate and
Generation-Skipping Transfer Tax Act.
(10) The furnishing of information pursuant to the
federal Currency and Foreign Transactions Reporting Act,
Title 31, United States Code, Section 1051 et sequentia.
(11) The furnishing of information pursuant to any
other statute which by its terms or by regulations
promulgated thereunder requires the disclosure of
financial records other than by subpoena, summons, warrant
or court order.
(12) The furnishing of information in accordance with
the federal Personal Responsibility and Work Opportunity
Reconciliation Act of 1996. Any credit union governed by
this Act shall enter into an agreement for data exchanges
with a State agency provided the State agency pays to the
credit union a reasonable fee not to exceed its actual
cost incurred. A credit union providing information in
accordance with this item shall not be liable to any
account holder or other person for any disclosure of
information to a State agency, for encumbering or
surrendering any assets held by the credit union in

HB1636 Engrossed - 35 - LRB103 25127 BMS 51464 b
response to a lien or order to withhold and deliver issued
by a State agency, or for any other action taken pursuant
to this item, including individual or mechanical errors,
provided the action does not constitute gross negligence
or willful misconduct. A credit union shall have no
obligation to hold, encumber, or surrender assets until it
has been served with a subpoena, summons, warrant, court
or administrative order, lien, or levy.
(13) The furnishing of information to law enforcement
authorities, the Illinois Department on Aging and its
regional administrative and provider agencies, the
Department of Human Services Office of Inspector General,
or public guardians: (i) upon subpoena by the
investigatory entity or the guardian, or (ii) if there is
suspicion by the credit union that a member who is an
elderly person or person with a disability has been or may
become the victim of financial exploitation. For the
purposes of this item (13), the term: (i) "elderly person"
means a person who is 60 or more years of age, (ii) "person
with a disability" means a person who has or reasonably
appears to the credit union to have a physical or mental
disability that impairs his or her ability to seek or
obtain protection from or prevent financial exploitation,
and (iii) "financial exploitation" means tortious or
illegal use of the assets or resources of an elderly
person or person with a disability, and includes, without

HB1636 Engrossed - 36 - LRB103 25127 BMS 51464 b
limitation, misappropriation of the elderly or disabled
person's assets or resources by undue influence, breach of
fiduciary relationship, intimidation, fraud, deception,
extortion, or the use of assets or resources in any manner
contrary to law. A credit union or person furnishing
information pursuant to this item (13) shall be entitled
to the same rights and protections as a person furnishing
information under the Adult Protective Services Act and
the Illinois Domestic Violence Act of 1986.
(14) The disclosure of financial records or
information as necessary to effect, administer, or enforce
a transaction requested or authorized by the member, or in
connection with:
(A) servicing or processing a financial product or
service requested or authorized by the member;
(B) maintaining or servicing a member's account
with the credit union; or
(C) a proposed or actual securitization or
secondary market sale (including sales of servicing
rights) related to a transaction of a member.
Nothing in this item (14), however, authorizes the
sale of the financial records or information of a member
without the consent of the member.
(15) The disclosure of financial records or
information as necessary to protect against or prevent
actual or potential fraud, unauthorized transactions,

HB1636 Engrossed - 37 - LRB103 25127 BMS 51464 b
claims, or other liability.
(16)(a) The disclosure of financial records or
information related to a private label credit program
between a financial institution and a private label party
in connection with that private label credit program. Such
information is limited to outstanding balance, available
credit, payment and performance and account history,
product references, purchase information, and information
related to the identity of the customer.
(b)(1) For purposes of this item (16), "private label
credit program" means a credit program involving a
financial institution and a private label party that is
used by a customer of the financial institution and the
private label party primarily for payment for goods or
services sold, manufactured, or distributed by a private
label party.
(2) For purposes of this item (16), "private label
party" means, with respect to a private label credit
program, any of the following: a retailer, a merchant, a
manufacturer, a trade group, or any such person's
affiliate, subsidiary, member, agent, or service provider.
(17)(a) The furnishing of financial records of a
member to the Department to aid the Department's initial
determination or subsequent re-determination of the
member's eligibility for Medicaid and Medicaid long-term
care benefits for long-term care services, provided that

HB1636 Engrossed - 38 - LRB103 25127 BMS 51464 b
the credit union receives the written consent and
authorization of the member, which shall:
(1) have the member's signature notarized;
(2) be signed by at least one witness who
certifies that he or she believes the member to be of
sound mind and memory;
(3) be tendered to the credit union at the
earliest practicable time following its execution,
certification, and notarization;
(4) specifically limit the disclosure of the
member's financial records to the Department; and
(5) be in substantially the following form:
CUSTOMER CONSENT AND AUTHORIZATION
FOR RELEASE OF FINANCIAL RECORDS
I, ......................................., hereby authorize
(Name of Customer)
.............................................................
(Name of Financial Institution)
.............................................................
(Address of Financial Institution)
to disclose the following financial records:

HB1636 Engrossed - 39 - LRB103 25127 BMS 51464 b
any and all information concerning my deposit, savings, money
market, certificate of deposit, individual retirement,
retirement plan, 401(k) plan, incentive plan, employee benefit
plan, mutual fund and loan accounts (including, but not
limited to, any indebtedness or obligation for which I am a
co-borrower, co-obligor, guarantor, or surety), and any and
all other accounts in which I have an interest and any other
information regarding me in the possession of the Financial
Institution,
to the Illinois Department of Human Services or the Illinois
Department of Healthcare and Family Services, or both ("the
Department"), for the following purpose(s):
to aid in the initial determination or re-determination by the
State of Illinois of my eligibility for Medicaid long-term
care benefits, pursuant to applicable law.
I understand that this Consent and Authorization may be
revoked by me in writing at any time before my financial
records, as described above, are disclosed, and that this
Consent and Authorization is valid until the Financial
Institution receives my written revocation. This Consent and
Authorization shall constitute valid authorization for the
Department identified above to inspect all such financial

HB1636 Engrossed - 40 - LRB103 25127 BMS 51464 b
records set forth above, and to request and receive copies of
such financial records from the Financial Institution (subject
to such records search and reproduction reimbursement policies
as the Financial Institution may have in place). An executed
copy of this Consent and Authorization shall be sufficient and
as good as the original and permission is hereby granted to
honor a photostatic or electronic copy of this Consent and
Authorization. Disclosure is strictly limited to the
Department identified above and no other person or entity
shall receive my financial records pursuant to this Consent
and Authorization. By signing this form, I agree to indemnify
and hold the Financial Institution harmless from any and all
claims, demands, and losses, including reasonable attorneys
fees and expenses, arising from or incurred in its reliance on
this Consent and Authorization. As used herein, "Customer"
shall mean "Member" if the Financial Institution is a credit
union.
....................... ......................
(Date) (Signature of Customer)
......................
......................
(Address of Customer)
......................

HB1636 Engrossed - 41 - LRB103 25127 BMS 51464 b
(Customer's birth date)
(month/day/year)
The undersigned witness certifies that .................,
known to me to be the same person whose name is subscribed as
the customer to the foregoing Consent and Authorization,
appeared before me and the notary public and acknowledged
signing and delivering the instrument as his or her free and
voluntary act for the uses and purposes therein set forth. I
believe him or her to be of sound mind and memory. The
undersigned witness also certifies that the witness is not an
owner, operator, or relative of an owner or operator of a
long-term care facility in which the customer is a patient or
resident.
Dated: ................. ......................
(Signature of Witness)
......................
(Print Name of Witness)
......................
......................
(Address of Witness)
State of Illinois)

HB1636 Engrossed - 42 - LRB103 25127 BMS 51464 b
) ss.
County of .......)
The undersigned, a notary public in and for the above county
and state, certifies that .........., known to me to be the
same person whose name is subscribed as the customer to the
foregoing Consent and Authorization, appeared before me
together with the witness, .........., in person and
acknowledged signing and delivering the instrument as the free
and voluntary act of the customer for the uses and purposes
therein set forth.
Dated:.......................................................
Notary Public:...............................................
My commission expires:.......................................
(b) In no event shall the credit union distribute the
member's financial records to the long-term care facility
from which the member seeks initial or continuing
residency or long-term care services.
(c) A credit union providing financial records of a
member in good faith relying on a consent and
authorization executed and tendered in accordance with
this item (17) shall not be liable to the member or any
other person in relation to the credit union's disclosure
of the member's financial records to the Department. The

HB1636 Engrossed - 43 - LRB103 25127 BMS 51464 b
member signing the consent and authorization shall
indemnify and hold the credit union harmless that relies
in good faith upon the consent and authorization and
incurs a loss because of such reliance. The credit union
recovering under this indemnification provision shall also
be entitled to reasonable attorney's fees and the expenses
of recovery.
(d) A credit union shall be reimbursed by the member
for all costs reasonably necessary and directly incurred
in searching for, reproducing, and disclosing a member's
financial records required or requested to be produced
pursuant to any consent and authorization executed under
this item (17). The requested financial records shall be
delivered to the Department within 10 days after receiving
a properly executed consent and authorization or at the
earliest practicable time thereafter if the requested
records cannot be delivered within 10 days, but delivery
may be delayed until the final reimbursement of all costs
is received by the credit union. The credit union may
honor a photostatic or electronic copy of a properly
executed consent and authorization.
(e) Nothing in this item (17) shall impair, abridge,
or abrogate the right of a member to:
(1) directly disclose his or her financial records
to the Department or any other person; or
(2) authorize his or her attorney or duly

HB1636 Engrossed - 44 - LRB103 25127 BMS 51464 b
appointed agent to request and obtain the member's
financial records and disclose those financial records
to the Department.
(f) For purposes of this item (17), "Department" means
the Department of Human Services and the Department of
Healthcare and Family Services or any successor
administrative agency of either agency.
(18) The furnishing of the financial records of a
member to an appropriate law enforcement authority,
without prior notice to or consent of the member, upon
written request of the law enforcement authority, when
reasonable suspicion of an imminent threat to the personal
security and safety of the member exists that necessitates
an expedited release of the member's financial records, as
determined by the law enforcement authority. The law
enforcement authority shall include a brief explanation of
the imminent threat to the member in its written request
to the credit union. The written request shall reflect
that it has been authorized by a supervisory or managerial
official of the law enforcement authority. The decision to
furnish the financial records of a member to a law
enforcement authority shall be made by a supervisory or
managerial official of the credit union. A credit union
providing information in accordance with this item (18)
shall not be liable to the member or any other person for
the disclosure of the information to the law enforcement

HB1636 Engrossed - 45 - LRB103 25127 BMS 51464 b
authority.
(19) The furnishing of financial information to the
executor, executrix, administrator, or other lawful
representative of the estate of a member.
(c) Except as otherwise provided by this Act, a credit
union may not disclose to any person, except to the member or
his duly authorized agent, any financial records relating to
that member of the credit union unless:
(1) the member has authorized disclosure to the
person;
(2) the financial records are disclosed in response to
a lawful subpoena, summons, warrant, citation to discover
assets, or court order that meets the requirements of
subparagraph (3)(d) of this Section; or
(3) the credit union is attempting to collect an
obligation owed to the credit union and the credit union
complies with the provisions of Section 2I of the Consumer
Fraud and Deceptive Business Practices Act.
(d) A credit union shall disclose financial records under
item (3)(c)(2) of this Section pursuant to a lawful subpoena,
summons, warrant, citation to discover assets, or court order
only after the credit union sends a copy of the subpoena,
summons, warrant, citation to discover assets, or court order
to the person establishing the relationship with the credit
union, if living, and otherwise the person's personal
representative, if known, at the person's last known address

HB1636 Engrossed - 46 - LRB103 25127 BMS 51464 b
by first class mail, postage prepaid, through a third-party
commercial carrier or courier with delivery charge fully
prepaid, by hand delivery, or by electronic delivery at an
email address on file with the credit union (if the person
establishing the relationship with the credit union has
consented to receive electronic delivery and, if the person
establishing the relationship with the credit union is a
consumer, the person has consented under the consumer consent
provisions set forth in Section 7001 of Title 15 of the United
States Code), unless the credit union is specifically
prohibited from notifying the person by order of court or by
applicable State or federal law. In the case of a grand jury
subpoena, a credit union shall not mail a copy of a subpoena to
any person pursuant to this subsection if the subpoena was
issued by a grand jury under the Statewide Grand Jury Act or
notifying the person would constitute a violation of the
federal Right to Financial Privacy Act of 1978.
(e)(1) Any officer or employee of a credit union who
knowingly and willfully furnishes financial records in
violation of this Section is guilty of a business offense and
upon conviction thereof shall be fined not more than $1,000.
(2) Any person who knowingly and willfully induces or
attempts to induce any officer or employee of a credit union to
disclose financial records in violation of this Section is
guilty of a business offense and upon conviction thereof shall
be fined not more than $1,000.

HB1636 Engrossed - 47 - LRB103 25127 BMS 51464 b
(f) A credit union shall be reimbursed for costs which are
reasonably necessary and which have been directly incurred in
searching for, reproducing or transporting books, papers,
records or other data of a member required or requested to be
produced pursuant to a lawful subpoena, summons, warrant,
citation to discover assets, or court order. The Secretary and
the Director may determine, by rule, the rates and conditions
under which payment shall be made. Delivery of requested
documents may be delayed until final reimbursement of all
costs is received.
(Source: P.A. 101-81, eff. 7-12-19; 102-873, eff. 5-13-22.)
Section 20. The Illinois Trust and Payable on Death
Accounts Act is amended by changing Section 4 as follows:
(205 ILCS 625/4) (from Ch. 17, par. 2134)
Sec. 4. Payable on Death Account Incidents. If one or more
persons opening or holding an account sign an agreement with
the institution providing that on the death of the last
surviving person designated as holder the account shall be
paid to or held by one or more designated beneficiaries, the
account, and any balance therein which exists from time to
time, shall be held as a payment on death account and unless
otherwise agreed in writing between the person or persons
opening or holding the account and the institution:
(a) Any holder during his or her lifetime may change any of

HB1636 Engrossed - 48 - LRB103 25127 BMS 51464 b
the designated beneficiaries to own the account at the death
of the last surviving holder without the knowledge or consent
of any other holder or the designated beneficiaries by a
written instrument accepted by the institution;
(b) Any holder may make additional deposits to and
withdraw any part or all of the account at any time without the
knowledge or consent of any other holder or the designated
beneficiaries to own the account at the death of the last
surviving holder, subject to the bylaws and regulations of the
institution, and all withdrawals shall constitute a revocation
of the agreement as to the amount withdrawn; and
(c) Upon the death of the last surviving holder of the
account, the beneficiary designated to be the owner of the
account (i) who is then living, if the beneficiary is a natural
person, or (ii) that maintains a lawful existence under the
state or federal authority pursuant to which it was organized,
if the beneficiary is not a natural person, shall be the sole
owner of the account. If , unless more than one beneficiary is
so designated and then living or in existence, then in which
case those beneficiaries shall hold the account in equal
shares as tenants in common with no right of survivorship as
between those beneficiaries; and .
(d) Notwithstanding anything to the contrary in subsection
(c), any holder of the account may elect a per stirpes
distribution option to the descendants of a natural person
beneficiary if the beneficiary predeceases the last surviving

HB1636 Engrossed - 49 - LRB103 25127 BMS 51464 b
holder of the account. The institution may rely on the account
holder's written representation of the identity of the
descendants of each beneficiary living at the time of the
beneficiary designation. The institution may also rely on an
affidavit executed by a natural person beneficiary or
descendant of a natural person beneficiary of the last
surviving holder of the account upon or after the death of the
account holder that identifies the descendants of any
predeceased natural person beneficiary. The total percentage
of the account to be distributed to all beneficiaries upon the
death of the last surviving holder of the account must equal
100%. If no beneficiary designated as the owner of the account
on the death of the last surviving holder is then living or in
existence, or if a per stirpes distribution has been selected
and no descendant of a natural person beneficiary is then
living, then the proceeds shall vest in the estate of the last
surviving holder of the account.
(Source: P.A. 96-1151, eff. 7-21-10.)
Section 25. The Financial Institutions Electronic
Documents and Digital Signature Act is amended by changing
Section 10 as follows:
(205 ILCS 705/10)
Sec. 10. Electronic documents; digital signatures;
electronic notices.

HB1636 Engrossed - 50 - LRB103 25127 BMS 51464 b
(a) Electronic documents. If in the regular course of
business, a financial institution possesses, records, or
generates any document, representation, image, substitute
check, reproduction, or combination thereof, of any agreement,
transaction, act, occurrence, or event by any electronic or
computer-generated process that accurately reproduces,
comprises, or records the agreement, transaction, act,
occurrence, or event, the recording, comprising, or
reproduction shall have the same force and effect under the
laws of this State as one comprised, recorded, or created on
paper or other tangible form by writing, typing, printing, or
similar means.
(b) Digital signatures. In any communication,
acknowledgement, agreement, or contract between a financial
institution and its customer, in which a signature is required
or used, any party to the communication, acknowledgement,
agreement, or contract may affix a signature by use of a
digital signature, and the digital signature, when lawfully
used by the person whose signature it purports to be, shall
have the same force and effect as the use of a manual signature
if it is unique to the person using it, is capable of
verification, is under the sole control of the person using
it, and is linked to data in such a manner that if the data are
changed, the digital signature is invalidated. Nothing in this
Section shall require any financial institution or customer to
use or permit the use of a digital signature.

HB1636 Engrossed - 51 - LRB103 25127 BMS 51464 b
(c) Electronic notices.
(1) Consent to electronic records. If a statute,
regulation, or other rule of law requires that information
relating to a transaction or transactions in or affecting
intrastate commerce in this State be provided or made
available by a financial institution to a consumer in
writing, the use of an electronic record to provide or
make available that information satisfies the requirement
that the information be in writing if:
(A) the consumer has affirmatively consented to
the use of an electronic record to provide or make
available that information and has not withdrawn
consent;
(B) the consumer, prior to consenting, is provided
with a clear and conspicuous statement:
(i) informing the consumer of:
(I) any right or option of the consumer to
have the record provided or made available on
paper or in nonelectronic form, and
(II) the right of the consumer to withdraw
the consent to have the record provided or
made available in an electronic form and of
any conditions, consequences (which may
include termination of the parties'
relationship), or fees in the event of a
withdrawal of consent;

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(ii) informing the consumer of whether the
consent applies:
(I) only to the particular transaction
that gave rise to the obligation to provide
the record, or
(II) to identified categories of records
that may be provided or made available during
the course of the parties' relationship;
(iii) describing the procedures the consumer
must use to withdraw consent, as provided in
clause (i), and to update information needed to
contact the consumer electronically; and
(iv) informing the consumer:
(I) how, after the consent, the consumer
may, upon request, obtain a paper copy of an
electronic record, and
(II) whether any fee will be charged for a
paper copy;
(C) the consumer:
(i) prior to consenting, is provided with a
statement of the hardware and software
requirements for access to and retention of the
electronic records; and
(ii) consents electronically, or confirms his
or her consent electronically, in a manner that
reasonably demonstrates that the consumer can

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access information in the electronic form that
will be used to provide the information that is
the subject of the consent; and
(D) after the consent of a consumer in accordance
with subparagraph (A), if a change in the hardware or
software requirements needed to access or retain
electronic records creates a material risk that the
consumer will not be able to access or retain a
subsequent electronic record that was the subject of
the consent, the person providing the electronic
record:
(i) provides the consumer with a statement of:
(I) the revised hardware and software
requirements for access to and retention of
the electronic records, and
(II) the right to withdraw consent without
the imposition of any fees for the withdrawal
and without the imposition of any condition or
consequence that was not disclosed under
subparagraph (B)(i); and
(ii) again complies with subparagraph (C).
(2) Other rights.
(A) Preservation of consumer protections. Nothing
in this subsection (c) affects the content or timing
of any disclosure or other record required to be
provided or made available to any consumer under any

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statute, regulation, or other rule of law.
(B) Verification or acknowledgment. If a law that
was enacted prior to this amendatory Act of the 95th
General Assembly expressly requires a record to be
provided or made available by a specified method that
requires verification or acknowledgment of receipt,
the record may be provided or made available
electronically only if the method used provides the
required verification or acknowledgment of receipt.
(2.5) Consent to electronic transactions given by the
customer pursuant to the federal Electronic Signatures in
Global and National Commerce Act, 15 U.S.C. 7001, shall
satisfy the consent requirements of this Act.
(3) Effect of failure to obtain electronic consent or
confirmation of consent. The legal effectiveness,
validity, or enforceability of any contract executed by a
consumer shall not be denied solely because of the failure
to obtain electronic consent or confirmation of consent by
that consumer in accordance with paragraph (1)(C)(ii).
(4) Prospective effect. Withdrawal of consent by a
consumer shall not affect the legal effectiveness,
validity, or enforceability of electronic records provided
or made available to that consumer in accordance with
paragraph (1) prior to implementation of the consumer's
withdrawal of consent. A consumer's withdrawal of consent
shall be effective within a reasonable period of time

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after receipt of the withdrawal by the provider of the
record. Failure to comply with paragraph (1)(D) may, at
the election of the consumer, be treated as a withdrawal
of consent for purposes of this paragraph.
(5) Prior consent. This subsection does not apply to
any records that are provided or made available to a
consumer who has consented prior to the effective date of
this amendatory Act of the 95th General Assembly to
receive the records in electronic form as permitted by any
statute, regulation, or other rule of law.
(6) Oral communications. An oral communication or a
recording of an oral communication shall not qualify as an
electronic record for purposes of this subsection (c),
except as otherwise provided under applicable law.
(Source: P.A. 94-458, eff. 8-4-05; 95-77, eff. 8-13-07.)
Section 30. The Probate Act of 1975 is amended by changing
Section 6-15 as follows:
(755 ILCS 5/6-15) (from Ch. 110 1/2, par. 6-15)
Sec. 6-15. Executor to administer all estate of decedent.)
(a) The executor or the administrator with the will
annexed shall administer all the testate and intestate estate
of the decedent.
(b) Any person doing business or performing transactions
on behalf of or at the direction of an executor or

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administrator with the will annexed shall be entitled to the
presumption that the executor or administrator with the will
annexed is lawfully authorized to conduct the business or
perform the transaction without such person investigating the
source of the authority and without verifying that the actions
of the executor or administrator with the will annexed comply
with a will or any order of the probate court, unless such
person has actual knowledge to the contrary. Any person,
corporation, or financial institution that conducts business
or performs transactions on behalf of or at the direction of an
executor or administrator with the will annexed shall be fully
protected and released from liability to the same extent that
the executor or administrator with the will annexed would be
if the executor or administrator with the will annexed was
lawfully authorized to conduct the business or perform the
transaction, unless the person, corporation, or financial
institution had actual knowledge that the executor or
administer was not acting upon lawful authority.
(Source: P.A. 79-328.)