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91_HB3838ham002
LRB9112086JSpcam01
1 AMENDMENT TO HOUSE BILL 3838
2 AMENDMENT NO. . Amend House Bill 3838, AS AMENDED,
3 with reference to the page and line numbers of House
4 Amendment No. 1, on page 4 by replacing lines 17 through 34
5 with the following:
6 "(16) The furnishing of information to law
7 enforcement authorities, the Illinois Department on Aging
8 and its regional administrative and provider agencies,
9 the Department of Human Services Office of Inspector
10 General, or public guardians, if the bank suspects that a
11 customer who is an elderly or disabled person has been or
12 may become the victim of financial exploitation. For the
13 purposes of this item (16), the term: (i) "elderly
14 person" means a person who is 60 or more years of age,
15 (ii) "disabled person" means a person who has or
16 reasonably appears to the bank to have a physical or
17 mental disability that impairs his or her ability to seek
18 or obtain protection from or prevent financial
19 exploitation, and (iii) "financial exploitation" means
20 tortious or illegal use of the assets or resources of an
21 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
24 of fiduciary relationship, intimidation, fraud,
-2- LRB9112086JSpcam01
1 deception, extortion, or the use of assets or resources
2 in any manner contrary to law. A bank or person
3 furnishing information pursuant to this item (16) shall
4 be entitled to the same rights and protections as a
5 person furnishing information under the Elder Abuse and
6 Neglect Act and the Illinois Domestic Violence Act of
7 1986."; and
8 on page 5 by deleting lines 1 through 14; and
9 on page 10 by replacing lines 27 through 34 with the
10 following:
11 "(14) The furnishing of information to law
12 enforcement authorities, the Illinois Department on Aging
13 and its regional administrative and provider agencies,
14 the Department of Human Services Office of Inspector
15 General, or public guardians, if the association suspects
16 that a customer who is an elderly or disabled person has
17 been or may become the victim of financial exploitation.
18 For the purposes of this item (14), the term: (i)
19 "elderly person" means a person who is 60 or more years
20 of age, (ii) "disabled person" means a person who has or
21 reasonably appears to the association to have a physical
22 or mental disability that impairs his or her ability to
23 seek or obtain protection from or prevent financial
24 exploitation, and (iii) "financial exploitation" means
25 tortious or illegal use of the assets or resources of an
26 elderly or disabled person, and includes, without
27 limitation, misappropriation of the elderly or disabled
28 person's assets or resources by undue influence, breach
29 of fiduciary relationship, intimidation, fraud,
30 deception, extortion, or the use of assets or resources
31 in any manner contrary to law. An association or person
32 furnishing information pursuant to this item (14) shall
33 be entitled to the same rights and protections as a
-3- LRB9112086JSpcam01
1 person furnishing information under the Elder Abuse and
2 Neglect Act and the Illinois Domestic Violence Act of
3 1986."; and
4 on page 11 by deleting lines 1 through 25; and
5 on page 16 by replacing lines 9 through 34 with the
6 following:
7 "(13) The furnishing of information to law
8 enforcement authorities, the Illinois Department on Aging
9 and its regional administrative and provider agencies,
10 the Department of Human Services Office of Inspector
11 General, or public guardians, if the savings bank
12 suspects that a customer who is an elderly or disabled
13 person has been or may become the victim of financial
14 exploitation. For the purposes of this item (13), the
15 term: (i) "elderly person" means a person who is 60 or
16 more years of age, (ii) "disabled person" means a person
17 who has or reasonably appears to the savings bank to have
18 a physical or mental disability that impairs his or her
19 ability to seek or obtain protection from or prevent
20 financial exploitation, and (iii) "financial
21 exploitation" means tortious or illegal use of the assets
22 or resources of an elderly or disabled person, and
23 includes, without limitation, misappropriation of the
24 elderly or disabled person's assets or resources by undue
25 influence, breach of fiduciary relationship,
26 intimidation, fraud, deception, extortion, or the use of
27 assets or resources in any manner contrary to law. A
28 savings bank or person furnishing information pursuant to
29 this item (13) shall be entitled to the same rights and
30 protections as a person furnishing information under the
31 Elder Abuse and Neglect Act and the Illinois Domestic
32 Violence Act of 1986."; and
33 on page 17 by deleting lines 1 through 7; and
-4- LRB9112086JSpcam01
1 on page 21 by replacing lines 23 through 34 with the
2 following:
3 "(13) The furnishing of information to law
4 enforcement authorities, the Illinois Department on Aging
5 and its regional administrative and provider agencies,
6 the Department of Human Services Office of Inspector
7 General, or public guardians, if the credit union
8 suspects that a member who is an elderly or disabled
9 person has been or may become the victim of financial
10 exploitation. For the purposes of this item (13), the
11 term: (i) "elderly person" means a person who is 60 or
12 more years of age, (ii) "disabled person" means a person
13 who has or reasonably appears to the credit union to have
14 a physical or mental disability that impairs his or her
15 ability to seek or obtain protection from or prevent
16 financial exploitation, and (iii) "financial
17 exploitation" means tortious or illegal use of the assets
18 or resources of an elderly or disabled person, and
19 includes, without limitation, misappropriation of the
20 elderly or disabled person's assets or resources by undue
21 influence, breach of fiduciary relationship,
22 intimidation, fraud, deception, extortion, or the use of
23 assets or resources in any manner contrary to law. A
24 credit union or person furnishing information pursuant to
25 this item (13) shall be entitled to the same rights and
26 protections as a person furnishing information under the
27 Elder Abuse and Neglect Act and the Illinois Domestic
28 Violence Act of 1986."; and
29 on page 22 by deleting lines 1 through 24.