97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB6175

 

Introduced 5/23/2012, by Rep. Jerry F. Costello, II - Michelle Mussman - Lawrence M. Walsh, Jr. - Keith Farnham - Daniel Biss, et al.

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Financial Institutions Elder Abuse Reporting Act. Provides that a financial institution shall make an abuse report if an employee of the financial institution (i) has direct contact with an elder adult or reviews or approves an elder adult's financial documents, records, or transactions in connection with financial services provided by the financial institution to or for the elder adult, and (ii) observes or obtains knowledge of behavior, unusual circumstances, or transactions that leads the employee to know or have reasonable cause to suspect that the elder adult is the victim of financial abuse. Provides that an abuse report made under the Act is confidential. Provides that a financial institution shall establish and implement a training program to (i) assist employees in recognizing signs of potential financial abuse of an elder adult and (ii) inform employees about the requirement to file abuse reports provided by the Act. Provides for civil penalties for failure to file an abuse report.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Financial Institutions Elder Abuse Reporting Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Abuse report" means the report required under Section 10.
8    "Elder adult" means an individual who is believed to be at
9least 65 years old and residing in the State.
10    "Financial abuse" means to take, appropriate, obtain, or
11retain, or assist in taking, appropriating, obtaining, or
12retaining, real or personal property of an elder adult by any
13means, including undue influence, for a wrongful purpose or
14with intent to defraud the elder adult.
15    "Financial institution" means a bank, as defined in the
16Illinois Banking Act, a savings and loan association, as
17defined in the Illinois Savings and Loan Act of 1985, a savings
18bank, as defined in the Savings Bank Act, or a credit union, as
19defined in the Illinois Credit Union Act.
 
20    Section 10. Abuse report.
21    (a) A financial institution shall make an abuse report as
22provided in this Section if an employee of the financial

 

 

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1institution, while acting within the scope of the employee's
2employment:
3        (1) has direct contact with an elder adult or reviews
4    or approves an elder adult's financial documents, records,
5    or transactions in connection with financial services
6    provided by the financial institution to or for the elder
7    adult; and
8        (2) observes or obtains knowledge of behavior, unusual
9    circumstances, or transactions that leads the employee to
10    know or have reasonable cause to suspect that the elder
11    adult is the victim of financial abuse.
12    (b) The abuse report required under subsection (a) of this
13Section shall be made to the local law enforcement agency, a
14State's attorney, the Department on Aging, or an agency
15designated to receive such reports under the Elder Abuse and
16Neglect Act:
17        (1) by telephone notification within 24 hours after the
18    employee knows or has reasonable cause to suspect that the
19    elder adult is the victim of financial abuse; and
20        (2) in writing sent within 3 business days after the
21    employee knows or has reasonable cause to suspect that the
22    elder adult is the victim of financial abuse.
23    (c) A financial institution is not required to:
24        (1) investigate an allegation by an elder adult that
25    financial abuse of the elder adult has occurred; or
26        (2) make an abuse report under this Section if the same

 

 

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1    matter already has been reported as required under this
2    Section.
 
3    Section 15. Confidentiality and disclosure.
4    (a) Except as provided in subsection (b) of this Section,
5an abuse report made under Section 10 is confidential and the
6information contained in the abuse report may be disclosed
7only:
8        (1) in connection with an investigation of the
9    suspected financial abuse, to:
10            (A) the Department on Aging;
11            (B) an agency designated to receive such reports
12        under the Elder Abuse and Neglect Act;
13            (C) a law enforcement agency; and
14            (D) the office of the Attorney General or of a
15        State's attorney; or
16        (2) as authorized by the elder adult or the legal
17    guardian of the elder adult.
18    (b) Subsection (a) of this Section may not be construed to:
19        (1) allow the disclosure of an abuse report made under
20    Section 10 or a record relevant to the abuse report if the
21    disclosure would be prohibited by any other provision of
22    State or federal law; or
23        (2) prohibit the disclosure by a financial institution
24    or an officer, employee, agent, or director of a financial
25    institution of an abuse report made under Section 10 or a

 

 

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1    record relevant to the abuse report if the disclosure would
2    be required by another State law, federal law, or court
3    order.
4    (c) A financial institution or an officer, employee, agent,
5or director of a financial institution may not decline to
6provide information requested by a person identified in
7paragraph (1) of subsection (a) of this Section in connection
8with an investigation of suspected financial abuse.
9    (d) This Section does not prohibit or limit the disclosure
10of financial records otherwise permitted under this Act.
 
11    Section 20. Training program. A financial institution
12shall establish and implement a training program to:
13        (1) assist employees in recognizing signs of potential
14    financial abuse of an elder adult, including, but not
15    limited to, unusual activity in an elder adult's deposit
16    accounts, automated teller machine (ATM) withdrawals by an
17    elder adult who previously never used an ATM or debit card,
18    and suspicious signatures on checks; and
19        (2) inform employees about the requirement to file
20    abuse reports as provided under Section 10.
 
21    Section 25. Penalties.
22    (a) A financial institution that fails to file an abuse
23report concerning an elder adult as required under Section 10
24of this Act is subject to:

 

 

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1        (1) a civil penalty not exceeding $1,000; or
2        (2) if the failure to report is willful, a civil
3    penalty not exceeding $5,000.
4    (b) The civil penalties provided under subsection (a) of
5this Section:
6        (1) may be recovered only in a civil action brought by
7    the Attorney General against the financial institution;
8    and
9        (2) shall be paid by the financial institution.
10    (c) A person who discloses information contained in an
11abuse report in violation of Section 15 is guilty of a
12misdemeanor and, on conviction, is subject to a fine not
13exceeding $500.