SB2385 EngrossedEnrolled LRB100 17898 MJP 33082 b AN ACT concerning regulation.

(1) The preparation, examination, handling or SB2385 EngrossedEnrolled - 2 - LRB100 17898 MJP 33082 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.

(6) The exchange in the regular course of business of (i) credit information between a bank and other banks or financial institutions or commercial enterprises, directly or through a consumer reporting agency or (ii) financial SB2385 EngrossedEnrolled - 3 - LRB100 17898 MJP 33082 b 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.

(13) The exchange in the regular course of business of information between commonly owned banks in connection with a transaction authorized under paragraph (23) of SB2385 EngrossedEnrolled - 4 - LRB100 17898 MJP 33082 b Section 5 and conducted at an affiliate facility.

(16) The furnishing of information to law enforcement authorities, the Illinois Department on Aging and its regional administrative and provider agencies, the SB2385 EngrossedEnrolled - 5 - LRB100 17898 MJP 33082 b Department of Human Services Office of Inspector General, or public guardians:

(17) The disclosure of financial records or information as necessary to effect, administer, or enforce a transaction requested or authorized by the customer, or SB2385 EngrossedEnrolled - 6 - LRB100 17898 MJP 33082 b in connection with:

(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 SB2385 EngrossedEnrolled - 7 - LRB100 17898 MJP 33082 b 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:

(Address of Financial Institution) SB2385 EngrossedEnrolled - 8 - LRB100 17898 MJP 33082 b to disclose the following financial records:

This Consent and Authorization SB2385 EngrossedEnrolled - 9 - LRB100 17898 MJP 33082 b 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).

(Address of Customer) SB2385 EngrossedEnrolled - 10 - LRB100 17898 MJP 33082 b ......................

(Address of Witness) SB2385 EngrossedEnrolled - 11 - LRB100 17898 MJP 33082 b State of Illinois) ) ss.

(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 SB2385 EngrossedEnrolled - 12 - LRB100 17898 MJP 33082 b relation to the bank's disclosure of the customer's financial records to the Department.

or SB2385 EngrossedEnrolled - 13 - LRB100 17898 MJP 33082 b (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.

SB2385 EngrossedEnrolled - 14 - LRB100 17898 MJP 33082 b (1) the customer has authorized disclosure to the person;

(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, SB2385 EngrossedEnrolled - 15 - LRB100 17898 MJP 33082 b shall be fined not more than $1,000.

Otherwise, the right of inspection and examination of the books and records shall be limited as SB2385 EngrossedEnrolled - 16 - LRB100 17898 MJP 33082 b 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.

(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 SB2385 EngrossedEnrolled - 17 - LRB100 17898 MJP 33082 b regulator for use solely in the exercise of his duties as an officer, employee, or agent.

SB2385 EngrossedEnrolled - 18 - LRB100 17898 MJP 33082 b (9) The furnishing of information pursuant to the Illinois Income Tax Act and the Illinois Estate and Generation-Skipping Transfer Tax Act.

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 SB2385 EngrossedEnrolled - 19 - LRB100 17898 MJP 33082 b willful misconduct.

(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 SB2385 EngrossedEnrolled - 20 - LRB100 17898 MJP 33082 b resources in any manner contrary to law.

(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 SB2385 EngrossedEnrolled - 21 - LRB100 17898 MJP 33082 b the Financial Institutions Insurance Sales Law.

SB2385 EngrossedEnrolled - 22 - LRB100 17898 MJP 33082 b (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:

(Name of Financial Institution) SB2385 EngrossedEnrolled - 23 - LRB100 17898 MJP 33082 b ............................................................

I understand that this Consent and Authorization may be revoked by me in writing at any time before my financial records, as SB2385 EngrossedEnrolled - 24 - LRB100 17898 MJP 33082 b described above, are disclosed, and that this Consent and Authorization is valid until the Financial Institution receives my written revocation.

(Date) (Signature of Customer) SB2385 EngrossedEnrolled - 25 - LRB100 17898 MJP 33082 b ......................

(Print Name of Witness) SB2385 EngrossedEnrolled - 26 - LRB100 17898 MJP 33082 b ......................

(c) A savings bank providing financial records of a SB2385 EngrossedEnrolled - 27 - LRB100 17898 MJP 33082 b 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.

SB2385 EngrossedEnrolled - 28 - LRB100 17898 MJP 33082 b (e) Nothing in this paragraph (18) shall impair, abridge, or abrogate the right of a customer to:

(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 mails a copy of the subpoena, SB2385 EngrossedEnrolled - 29 - LRB100 17898 MJP 33082 b summons, warrant, citation to discover assets, or court order to the person establishing the relationship with the savings bank, if living, and otherwise, his personal representative, if known, at his last known address by first class mail, postage prepaid, unless the savings bank is specifically prohibited from notifying the person by order of court.

The requesting member shall submit the communication to the Commissioner who, upon finding it to be appropriate and truthful, shall direct that it be prepared and mailed to the members upon the requesting member's or SB2385 EngrossedEnrolled - 30 - LRB100 17898 MJP 33082 b shareholder's payment or adequate provision for payment of the expenses of preparation and mailing.

(1) A credit union shall establish and maintain books, records, accounting systems and procedures which accurately SB2385 EngrossedEnrolled - 31 - LRB100 17898 MJP 33082 b 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) The examination of any financial records by or the SB2385 EngrossedEnrolled - 32 - LRB100 17898 MJP 33082 b 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.

SB2385 EngrossedEnrolled - 33 - LRB100 17898 MJP 33082 b (8) The furnishing of information pursuant to the Revised Uniform Unclaimed Property Act.

A credit union providing information in accordance with this item shall not be liable to any account holder or other person for any disclosure of information to a State agency, for encumbering or surrendering any assets held by the credit union in response to a lien or order to withhold and deliver issued by a State agency, or for any other action taken pursuant SB2385 EngrossedEnrolled - 34 - LRB100 17898 MJP 33082 b to this item, including individual or mechanical errors, provided the action does not constitute gross negligence or willful misconduct.

(i) "elderly person" means a person who is 60 or more years of age, (ii) "person with a disability" means a person who has or reasonably appears to the credit union to have a physical or mental disability that impairs his or her ability to seek or obtain protection from or prevent financial exploitation, and (iii) "financial exploitation" means tortious or illegal use of the assets or resources of an elderly person or person with a disability, and includes, without limitation, misappropriation of the elderly or disabled person's assets or resources by undue influence, breach of fiduciary SB2385 EngrossedEnrolled - 35 - LRB100 17898 MJP 33082 b relationship, intimidation, fraud, deception, extortion, or the use of assets or resources in any manner contrary to law.

(16)(a) The disclosure of financial records or SB2385 EngrossedEnrolled - 36 - LRB100 17898 MJP 33082 b 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.

(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 the credit union receives the written consent and SB2385 EngrossedEnrolled - 37 - LRB100 17898 MJP 33082 b authorization of the member, which shall:

SB2385 EngrossedEnrolled - 38 - LRB100 17898 MJP 33082 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):

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 SB2385 EngrossedEnrolled - 39 - LRB100 17898 MJP 33082 b financial records from the Financial Institution (subject to such records search and reproduction reimbursement policies as the Financial Institution may have in place).

(Customer's birth date) SB2385 EngrossedEnrolled - 40 - LRB100 17898 MJP 33082 b (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.