Sen. John G. Mulroe

Filed: 4/25/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2385

2    AMENDMENT NO. ______. Amend Senate Bill 2385 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Banking Act is amended by changing
5Section 48.1 as follows:
 
6    (205 ILCS 5/48.1)  (from Ch. 17, par. 360)
7    Sec. 48.1. Customer financial records; confidentiality.
8    (a) For the purpose of this Section, the term "financial
9records" means any original, any copy, or any summary of:
10        (1) a document granting signature authority over a
11    deposit or account;
12        (2) a statement, ledger card or other record on any
13    deposit or account, which shows each transaction in or with
14    respect to that account;
15        (3) a check, draft or money order drawn on a bank or
16    issued and payable by a bank; or

 

 

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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.

 

 

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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 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

 

 

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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.

 

 

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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

 

 

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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) 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

 

 

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

 
24I, ......................................., hereby authorize 

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    photostatic or electronic copy of a properly executed
2    consent and authorization.
3        (e) Nothing in this paragraph (20) shall impair,
4    abridge, or abrogate the right of a customer to:
5            (1) directly disclose his or her financial records
6        to the Department or any other person; or
7            (2) authorize his or her attorney or duly appointed
8        agent to request and obtain the customer's financial
9        records and disclose those financial records to the
10        Department.
11        (f) For purposes of this paragraph (20), "Department"
12    means the Department of Human Services and the Department
13    of Healthcare and Family Services or any successor
14    administrative agency of either agency.
15        (b)(1) For purposes of this paragraph (19) of
16    subsection (b) of Section 48.1, a "private label credit
17    program" means a credit program involving a financial
18    institution and a private label party that is used by a
19    customer of the financial institution and the private label
20    party primarily for payment for goods or services sold,
21    manufactured, or distributed by a private label party.
22        (2) For purposes of this paragraph (19) of subsection
23    (b) of Section 48.1, a "private label party" means, with
24    respect to a private label credit program, any of the
25    following: a retailer, a merchant, a manufacturer, a trade
26    group, or any such person's affiliate, subsidiary, member,

 

 

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1    agent, or service provider.
2    (c) Except as otherwise provided by this Act, a bank may
3not disclose to any person, except to the customer or his duly
4authorized agent, any financial records or financial
5information obtained from financial records relating to that
6customer of that bank unless:
7        (1) the customer has authorized disclosure to the
8    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 which meets the requirements of
12    subsection (d) of this Section; or
13        (3) the bank is attempting to collect an obligation
14    owed to the bank and the bank complies with the provisions
15    of Section 2I of the Consumer Fraud and Deceptive Business
16    Practices Act.
17    (d) A bank shall disclose financial records under paragraph
18(2) of subsection (c) of this Section under a lawful subpoena,
19summons, warrant, citation to discover assets, or court order
20only after the bank mails a copy of the subpoena, summons,
21warrant, citation to discover assets, or court order to the
22person establishing the relationship with the bank, if living,
23and, otherwise his personal representative, if known, at his
24last known address by first class mail, postage prepaid, unless
25the bank is specifically prohibited from notifying the person
26by order of court or by applicable State or federal law. A bank

 

 

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1shall not mail a copy of a subpoena to any person pursuant to
2this subsection if the subpoena was issued by a grand jury
3under the Statewide Grand Jury Act.
4    (e) Any officer or employee of a bank who knowingly and
5willfully furnishes financial records in violation of this
6Section is guilty of a business offense and, upon conviction,
7shall be fined not more than $1,000.
8    (f) Any person who knowingly and willfully induces or
9attempts to induce any officer or employee of a bank to
10disclose financial records in violation of this Section is
11guilty of a business offense and, upon conviction, shall be
12fined not more than $1,000.
13    (g) A bank shall be reimbursed for costs that are
14reasonably necessary and that have been directly incurred in
15searching for, reproducing, or transporting books, papers,
16records, or other data of a customer required or requested to
17be produced pursuant to a lawful subpoena, summons, warrant,
18citation to discover assets, or court order. The Commissioner
19shall determine the rates and conditions under which payment
20may be made.
21(Source: P.A. 99-143, eff. 7-27-15; 100-22, eff. 1-1-18.)
 
22    Section 10. The Savings Bank Act is amended by changing
23Section 4013 as follows:
 
24    (205 ILCS 205/4013)  (from Ch. 17, par. 7304-13)

 

 

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1    Sec. 4013. Access to books and records; communication with
2members and shareholders.
3    (a) Every member or shareholder shall have the right to
4inspect books and records of the savings bank that pertain to
5his accounts. Otherwise, the right of inspection and
6examination of the books and records shall be limited as
7provided in this Act, and no other person shall have access to
8the books and records nor shall be entitled to a list of the
9members or shareholders.
10    (b) 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 a deposit or
13account; (2) a statement, ledger card, or other record on any
14deposit or account that shows each transaction in or with
15respect to that account; (3) a check, draft, or money order
16drawn on a savings bank or issued and payable by a savings
17bank; or (4) any other item containing information pertaining
18to any relationship established in the ordinary course of a
19savings bank's business between a savings bank and its
20customer, including financial statements or other financial
21information provided by the member or shareholder.
22    (c) 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 savings bank having custody of
26    records or examination of records by a certified public

 

 

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1    accountant engaged by the savings bank to perform an
2    independent audit.
3        (2) The examination of any financial records by, or the
4    furnishing of financial records by a savings bank to, any
5    officer, employee, or agent of the Commissioner of Banks
6    and Real Estate or the federal depository institution
7    regulator for use solely in the exercise of his duties as
8    an officer, employee, or agent.
9        (3) The publication of data furnished from financial
10    records relating to members or holders of capital where the
11    data cannot be identified to any particular member,
12    shareholder, or account.
13        (4) The making of reports or returns required under
14    Chapter 61 of the Internal Revenue Code of 1986.
15        (5) Furnishing information concerning the dishonor of
16    any negotiable instrument permitted to be disclosed under
17    the Uniform Commercial Code.
18        (6) The exchange in the regular course of business of
19    (i) credit information between a savings bank and other
20    savings banks or financial institutions or commercial
21    enterprises, directly or through a consumer reporting
22    agency or (ii) financial records or information derived
23    from financial records between a savings bank and other
24    savings banks or financial institutions or commercial
25    enterprises for the purpose of conducting due diligence
26    pursuant to a purchase or sale involving the savings bank

 

 

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

 

 

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

 

 

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

 

 

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1    of the financial records or information of a member or
2    holder of capital without the consent of the member or
3    holder of capital.
4        (15) The exchange in the regular course of business of
5    information between a savings bank and any commonly owned
6    affiliate of the savings bank, subject to the provisions of
7    the Financial Institutions Insurance Sales Law.
8        (16) The disclosure of financial records or
9    information as necessary to protect against or prevent
10    actual or potential fraud, unauthorized transactions,
11    claims, or other liability.
12        (17)(a) The disclosure of financial records or
13    information related to a private label credit program
14    between a financial institution and a private label party
15    in connection with that private label credit program. Such
16    information is limited to outstanding balance, available
17    credit, payment and performance and account history,
18    product references, purchase information, and information
19    related to the identity of the customer.
20        (b)(1) For purposes of this paragraph (17) of
21    subsection (c) of Section 4013, a "private label credit
22    program" means a credit program involving a financial
23    institution and a private label party that is used by a
24    customer of the financial institution and the private label
25    party primarily for payment for goods or services sold,
26    manufactured, or distributed by a private label party.

 

 

10000SB2385sam001- 22 -LRB100 17898 XWW 39310 a

1        (2) For purposes of this paragraph (17) of subsection
2    (c) of Section 4013, a "private label party" means, with
3    respect to a private label credit program, any of the
4    following: a retailer, a merchant, a manufacturer, a trade
5    group, or any such person's affiliate, subsidiary, member,
6    agent, or service provider.
7        (18)(a) The furnishing of financial records of a
8    customer to the Department to aid the Department's initial
9    determination or subsequent re-determination of the
10    customer's eligibility for Medicaid and Medicaid long-term
11    care benefits for long-term care services, provided that
12    the savings bank receives the written consent and
13    authorization of the customer, which shall:
14            (1) have the customer's signature notarized;
15            (2) be signed by at least one witness who certifies
16        that he or she believes the customer to be of sound
17        mind and memory;
18            (3) be tendered to the savings bank at the earliest
19        practicable time following its execution,
20        certification, and notarization;
21            (4) specifically limit the disclosure of the
22        customer's financial records to the Department; and
23            (5) be in substantially the following form:
 
24
CUSTOMER CONSENT AND AUTHORIZATION
25
FOR RELEASE OF FINANCIAL RECORDS

 

 

 

10000SB2385sam001- 23 -LRB100 17898 XWW 39310 a

1I, ......................................., hereby authorize 
2       (Name of Customer) 
 
3............................................................. 
4(Name of Financial Institution)
 
5............................................................. 
6(Address of Financial Institution)
 
7to disclose the following financial records:
 
8any and all information concerning my deposit, savings, money
9market, certificate of deposit, individual retirement,
10retirement plan, 401(k) plan, incentive plan, employee benefit
11plan, mutual fund and loan accounts (including, but not limited
12to, any indebtedness or obligation for which I am a
13co-borrower, co-obligor, guarantor, or surety), and any and all
14other accounts in which I have an interest and any other
15information regarding me in the possession of the Financial
16Institution,
 
17to the Illinois Department of Human Services or the Illinois
18Department of Healthcare and Family Services (the
19"Department"), or both for the following purpose(s):
 

 

 

10000SB2385sam001- 24 -LRB100 17898 XWW 39310 a

1to aid in the initial determination or re-determination by the
2State of Illinois of my eligibility for Medicaid long-term care
3benefits, pursuant to applicable law.
 
4I understand that this Consent and Authorization may be revoked
5by me in writing at any time before my financial records, as
6described above, are disclosed, and that this Consent and
7Authorization is valid until the Financial Institution
8receives my written revocation. This Consent and Authorization
9shall constitute valid authorization for the Department
10identified above to inspect all such financial records set
11forth above, and to request and receive copies of such
12financial records from the Financial Institution (subject to
13such records search and reproduction reimbursement policies as
14the Financial Institution may have in place). An executed copy
15of this Consent and Authorization shall be sufficient and as
16good as the original and permission is hereby granted to honor
17a photostatic or electronic copy of this Consent and
18Authorization. Disclosure is strictly limited to the
19Department identified above and no other person or entity shall
20receive my financial records pursuant to this Consent and
21Authorization. By signing this form, I agree to indemnify and
22hold the Financial Institution harmless from any and all
23claims, demands, and losses, including reasonable attorneys
24fees and expenses, arising from or incurred in its reliance on
25this Consent and Authorization. As used herein "Customer" shall

 

 

10000SB2385sam001- 25 -LRB100 17898 XWW 39310 a

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

 

 

10000SB2385sam001- 26 -LRB100 17898 XWW 39310 a

1                         (Signature of Witness) 
 
2                         ...................... 
3                         (Print Name of Witness) 
 
4                         ...................... 
5                         ...................... 
6                         (Address of Witness) 
 
7State of Illinois)
8                 ) ss.
9County of .......)
 
10The undersigned, a notary public in and for the above county
11and state, certifies that .........., known to me to be the
12same person whose name is subscribed as the customer to the
13foregoing Consent and Authorization, appeared before me
14together with the witness, .........., in person and
15acknowledged signing and delivering the instrument as the free
16and voluntary act of the customer for the uses and purposes
17therein set forth.
 
18Dated:.......................................................
19Notary Public:...............................................
20My commission expires:.......................................
 

 

 

10000SB2385sam001- 27 -LRB100 17898 XWW 39310 a

1        (b) In no event shall the savings bank distribute the
2    customer's financial records to the long-term care
3    facility from which the customer seeks initial or
4    continuing residency or long-term care services.
5        (c) A savings bank providing financial records of a
6    customer in good faith relying on a consent and
7    authorization executed and tendered in accordance with
8    this paragraph (18) shall not be liable to the customer or
9    any other person in relation to the savings bank's
10    disclosure of the customer's financial records to the
11    Department. The customer signing the consent and
12    authorization shall indemnify and hold the savings bank
13    harmless that relies in good faith upon the consent and
14    authorization and incurs a loss because of such reliance.
15    The savings bank recovering under this indemnification
16    provision shall also be entitled to reasonable attorney's
17    fees and the expenses of recovery.
18        (d) A savings bank shall be reimbursed by the customer
19    for all costs reasonably necessary and directly incurred in
20    searching for, reproducing, and disclosing a customer's
21    financial records required or requested to be produced
22    pursuant to any consent and authorization executed under
23    this paragraph (18). The requested financial records shall
24    be delivered to the Department within 10 days after
25    receiving a properly executed consent and authorization or
26    at the earliest practicable time thereafter if the

 

 

10000SB2385sam001- 28 -LRB100 17898 XWW 39310 a

1    requested records cannot be delivered within 10 days, but
2    delivery may be delayed until the final reimbursement of
3    all costs is received by the savings bank. The savings bank
4    may honor a photostatic or electronic copy of a properly
5    executed consent and authorization.
6        (e) Nothing in this paragraph (18) shall impair,
7    abridge, or abrogate the right of a customer to:
8            (1) directly disclose his or her financial records
9        to the Department or any other person; or
10            (2) authorize his or her attorney or duly appointed
11        agent to request and obtain the customer's financial
12        records and disclose those financial records to the
13        Department.
14        (f) For purposes of this paragraph (18), "Department"
15    means the Department of Human Services or the Department of
16    Healthcare and Family Services or any successor
17    administrative agency of either agency.
18    (d) A savings bank may not disclose to any person, except
19to the member or holder of capital or his duly authorized
20agent, any financial records relating to that member or
21shareholder of the savings bank unless:
22        (1) the member or shareholder has authorized
23    disclosure to the person; or
24        (2) the financial records are disclosed in response to
25    a lawful subpoena, summons, warrant, citation to discover
26    assets, or court order that meets the requirements of

 

 

10000SB2385sam001- 29 -LRB100 17898 XWW 39310 a

1    subsection (e) of this Section.
2    (e) A savings bank shall disclose financial records under
3subsection (d) of this Section pursuant to a lawful subpoena,
4summons, warrant, citation to discover assets, or court order
5only after the savings bank mails a copy of the subpoena,
6summons, warrant, citation to discover assets, or court order
7to the person establishing the relationship with the savings
8bank, if living, and otherwise, his personal representative, if
9known, at his last known address by first class mail, postage
10prepaid, unless the savings bank is specifically prohibited
11from notifying the person by order of court.
12    (f) Any officer or employee of a savings bank who knowingly
13and willfully furnishes financial records in violation of this
14Section is guilty of a business offense and, upon conviction,
15shall be fined not more than $1,000.
16    (g) Any person who knowingly and willfully induces or
17attempts to induce any officer or employee of a savings bank to
18disclose financial records in violation of this Section is
19guilty of a business offense and, upon conviction, shall be
20fined not more than $1,000.
21    (h) If any member or shareholder desires to communicate
22with the other members or shareholders of the savings bank with
23reference to any question pending or to be presented at an
24annual or special meeting, the savings bank shall give that
25person, upon request, a statement of the approximate number of
26members or shareholders entitled to vote at the meeting and an

 

 

10000SB2385sam001- 30 -LRB100 17898 XWW 39310 a

1estimate of the cost of preparing and mailing the
2communication. The requesting member shall submit the
3communication to the Commissioner who, upon finding it to be
4appropriate and truthful, shall direct that it be prepared and
5mailed to the members upon the requesting member's or
6shareholder's payment or adequate provision for payment of the
7expenses of preparation and mailing.
8    (i) A savings bank shall be reimbursed for costs that are
9necessary and that have been directly incurred in searching
10for, reproducing, or transporting books, papers, records, or
11other data of a customer required to be reproduced pursuant to
12a lawful subpoena, warrant, citation to discover assets, or
13court order.
14    (j) Notwithstanding the provisions of this Section, a
15savings bank may sell or otherwise make use of lists of
16customers' names and addresses. All other information
17regarding a customer's account is subject to the disclosure
18provisions of this Section. At the request of any customer,
19that customer's name and address shall be deleted from any list
20that is to be sold or used in any other manner beyond
21identification of the customer's accounts.
22(Source: P.A. 99-143, eff. 7-27-15; 100-22, eff. 1-1-18;
23100-201, eff. 8-18-17.)
 
24    Section 15. The Illinois Credit Union Act is amended by
25changing Section 10 as follows:
 

 

 

10000SB2385sam001- 31 -LRB100 17898 XWW 39310 a

1    (205 ILCS 305/10)  (from Ch. 17, par. 4411)
2    Sec. 10. Credit union records; member financial records.
3    (1) A credit union shall establish and maintain books,
4records, accounting systems and procedures which accurately
5reflect its operations and which enable the Department to
6readily ascertain the true financial condition of the credit
7union and whether it is complying with this Act.
8    (2) A photostatic or photographic reproduction of any
9credit union records shall be admissible as evidence of
10transactions with the credit union.
11    (3)(a) For the purpose of this Section, the term "financial
12records" means any original, any copy, or any summary of (1) a
13document granting signature authority over an account, (2) a
14statement, ledger card or other record on any account which
15shows each transaction in or with respect to that account, (3)
16a check, draft or money order drawn on a financial institution
17or other entity or issued and payable by or through a financial
18institution or other entity, or (4) any other item containing
19information pertaining to any relationship established in the
20ordinary course of business between a credit union and its
21member, including financial statements or other financial
22information provided by the member.
23    (b) This Section does not prohibit:
24        (1) The preparation, examination, handling or
25    maintenance of any financial records by any officer,

 

 

10000SB2385sam001- 32 -LRB100 17898 XWW 39310 a

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

 

 

10000SB2385sam001- 33 -LRB100 17898 XWW 39310 a

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

 

 

10000SB2385sam001- 34 -LRB100 17898 XWW 39310 a

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

 

 

10000SB2385sam001- 35 -LRB100 17898 XWW 39310 a

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

 

 

10000SB2385sam001- 36 -LRB100 17898 XWW 39310 a

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

 

 

10000SB2385sam001- 37 -LRB100 17898 XWW 39310 a

1    to the Department to aid the Department's initial
2    determination or subsequent re-determination of the
3    member's eligibility for Medicaid and Medicaid long-term
4    care benefits for long-term care services, provided that
5    the credit union receives the written consent and
6    authorization of the member, which shall:
7            (1) have the member's signature notarized;
8            (2) be signed by at least one witness who certifies
9        that he or she believes the member to be of sound mind
10        and memory;
11            (3) be tendered to the credit union at the earliest
12        practicable time following its execution,
13        certification, and notarization;
14            (4) specifically limit the disclosure of the
15        member's financial records to the Department; and
16            (5) be in substantially the following form:
 
17
CUSTOMER CONSENT AND AUTHORIZATION
18
FOR RELEASE OF FINANCIAL RECORDS

 
19I, ......................................., hereby authorize 
20       (Name of Customer) 
 
21............................................................. 
22(Name of Financial Institution)
 

 

 

10000SB2385sam001- 38 -LRB100 17898 XWW 39310 a

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 (the
15"Department"), or both 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
21described above, are disclosed, and that this Consent and

 

 

10000SB2385sam001- 39 -LRB100 17898 XWW 39310 a

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

 

 

10000SB2385sam001- 40 -LRB100 17898 XWW 39310 a

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

 

 

10000SB2385sam001- 41 -LRB100 17898 XWW 39310 a

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

 

 

10000SB2385sam001- 42 -LRB100 17898 XWW 39310 a

1    (17) shall not be liable to the member or any other person
2    in relation to the credit union's disclosure of the
3    member's financial records to the Department. The member
4    signing the consent and authorization shall indemnify and
5    hold the credit union harmless that relies in good faith
6    upon the consent and authorization and incurs a loss
7    because of such reliance. The credit union recovering under
8    this indemnification provision shall also be entitled to
9    reasonable attorney's fees and the expenses of 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 subparagraph (17). The requested financial records
16    shall be delivered to the Department within 10 days after
17    receiving a properly executed consent and authorization or
18    at the earliest practicable time thereafter if the
19    requested records cannot be delivered within 10 days, but
20    delivery may be delayed until the final reimbursement of
21    all costs is received by the credit union. The credit union
22    may honor a photostatic or electronic copy of a properly
23    executed consent and authorization.
24        (e) Nothing in this subparagraph (17) shall impair,
25    abridge, or abrogate the right of a member to:
26            (1) directly disclose his or her financial records

 

 

10000SB2385sam001- 43 -LRB100 17898 XWW 39310 a

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 subparagraph (17),
7    "Department" means the Department of Human Services or the
8    Department of Healthcare and Family Services or any
9    successor administrative agency of either agency.
10    (c) Except as otherwise provided by this Act, a credit
11union may not disclose to any person, except to the member or
12his duly authorized agent, any financial records relating to
13that member of the credit union unless:
14        (1) the member has authorized disclosure to the person;
15        (2) the financial records are disclosed in response to
16    a lawful subpoena, summons, warrant, citation to discover
17    assets, or court order that meets the requirements of
18    subparagraph (d) of this Section; or
19        (3) the credit union is attempting to collect an
20    obligation owed to the credit union and the credit union
21    complies with the provisions of Section 2I of the Consumer
22    Fraud and Deceptive Business Practices Act.
23    (d) A credit union shall disclose financial records under
24subparagraph (c)(2) of this Section pursuant to a lawful
25subpoena, summons, warrant, citation to discover assets, or
26court order only after the credit union mails a copy of the

 

 

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1subpoena, summons, warrant, citation to discover assets, or
2court order to the person establishing the relationship with
3the credit union, if living, and otherwise his personal
4representative, if known, at his last known address by first
5class mail, postage prepaid unless the credit union is
6specifically prohibited from notifying the person by order of
7court or by applicable State or federal law. In the case of a
8grand jury subpoena, a credit union shall not mail a copy of a
9subpoena to any person pursuant to this subsection if the
10subpoena was issued by a grand jury under the Statewide Grand
11Jury Act or notifying the person would constitute a violation
12of the federal Right to Financial Privacy Act of 1978.
13    (e)(1) Any officer or employee of a credit union who
14knowingly and wilfully furnishes financial records in
15violation of this Section is guilty of a business offense and
16upon conviction thereof shall be fined not more than $1,000.
17    (2) Any person who knowingly and wilfully induces or
18attempts to induce any officer or employee of a credit union to
19disclose financial records in violation of this Section is
20guilty of a business offense and upon conviction thereof shall
21be fined not more than $1,000.
22    (f) A credit union shall be reimbursed for costs which are
23reasonably necessary and which have been directly incurred in
24searching for, reproducing or transporting books, papers,
25records or other data of a member required or requested to be
26produced pursuant to a lawful subpoena, summons, warrant,

 

 

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1citation to discover assets, or court order. The Secretary and
2the Director may determine, by rule, the rates and conditions
3under which payment shall be made. Delivery of requested
4documents may be delayed until final reimbursement of all costs
5is received.
6(Source: P.A. 99-143, eff. 7-27-15; 100-22, eff. 1-1-18.)
 
7    Section 99. Effective date. This Act takes effect January
81, 2019.".