Sen. John G. Mulroe

Filed: 5/17/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2432

2    AMENDMENT NO. ______. Amend House Bill 2432 on page 1, line
35, by replacing "Section 10" with "Sections 10 and 50"; and
 
4on page 7, immediately below line 10, by inserting the
5following:
 
6    "(205 ILCS 616/50)
7    Sec. 50. Terminal requirements.
8    (a) To assure maximum safety and security against
9malfunction, fraud, theft, and other accidents or abuses and to
10assure that all access devices will have the capability of
11activating all terminals established in this State, no terminal
12shall accept an access device that does not conform to
13specifications that are generally accepted. In the case of a
14dispute concerning the specifications, the Commissioner, in
15accordance with the provisions of Section 20 of this Act, shall
16have the authority to determine the specifications.

 

 

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1    (b) No terminal that does not accept an access device that
2conforms with those specifications shall be established or
3operated.
4    (c) A terminal shall bear a logotype or other
5identification symbol designed to advise customers which
6access devices may activate the terminal.
7    (d) When used to perform an interchange transaction, a
8terminal shall not bear any form of proprietary advertising of
9products and services not offered at the terminal; provided,
10however, that a terminal screen may bear proprietary
11advertising of products or services offered by a financial
12institution when a person uses an access device issued by that
13financial institution.
14    (e) No person operating a terminal in this State shall
15impose any surcharge on a consumer for the usage of that
16terminal, whether or not the consumer is using an access device
17issued by that person, unless that surcharge is clearly
18disclosed to the consumer both (i) by a sign that is clearly
19visible to the consumer on or at the terminal being used and
20(ii) electronically on the terminal screen. Following
21presentation of the electronic disclosure on the terminal
22screen, the consumer shall be provided an opportunity to cancel
23that transaction without incurring any surcharge or other
24obligation. If a surcharge is imposed on a consumer using an
25access device not issued by the person operating the terminal,
26that person shall disclose on the sign and on the terminal

 

 

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1screen that the surcharge is in addition to any fee that may be
2assessed by the consumer's own institution. As used in this
3subsection, "surcharge" means any charge imposed by the person
4operating the terminal solely for the use of the terminal.
5    (f) A receipt given at a terminal to a person who initiates
6an electronic fund transfer shall include a number or code that
7identifies the consumer initiating the transfer, the
8consumer's account or accounts, or the access device used to
9initiate the transfer. If the number or code shown on the
10receipt is a number that identifies the access device, the
11number must be truncated as printed on the receipt so that
12fewer than all of the digits of the number or code are printed
13on the receipt. The Commissioner may, however, modify or waive
14the requirements imposed by this subsection (f) if the
15Commissioner determines that the modifications or waivers are
16necessary to alleviate any undue compliance burden.
17    (g) No terminal shall operate in this State unless, with
18respect to each interchange transaction initiated at the
19terminal, the access code entered by the consumer to authorize
20the transaction is encrypted by the device into which the
21access code is manually entered by the consumer and is
22transmitted from the terminal only in encrypted form. Any
23terminal that cannot meet the foregoing encryption
24requirements shall immediately cease forwarding information
25with respect to any interchange transaction or attempted
26interchange transaction.

 

 

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1    (h) No person that directly or indirectly provides data
2processing support to any terminal in this State shall
3authorize or forward for authorization any interchange
4transaction unless the access code intended to authorize the
5interchange transaction is encrypted when received by that
6person and is encrypted when forwarded to any other person.
7    (i) A terminal operated in this State may be designed and
8programmed so that when a consumer enters his or her personal
9identification number in reverse order, the terminal
10automatically sends an alarm to the local law enforcement
11agency having jurisdiction over the terminal location. The
12Commissioner shall promulgate rules necessary for the
13implementation of this subsection (i). The provisions of this
14subsection (i) shall not be construed to require an owner or
15operator of a terminal to design and program the terminal to
16accept a personal identification number in reverse order.
17    (j) A person operating a terminal in this State may not
18impose a fee upon a consumer for usage of the terminal if the
19consumer is using a Link Card or other access device issued by
20a government agency for use in obtaining financial aid under
21the Illinois Public Aid Code.
22    For the purpose of this subsection (j), the term "person
23operating a terminal" means the person who has control over and
24is responsible for a terminal. The term "person operating a
25terminal" does not mean the person who owns or controls the
26property or building in which a terminal is located, unless he

 

 

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1or she also has control over and is responsible for the
2terminal.
3(Source: P.A. 93-136, eff. 1-1-04; 93-273, eff. 1-1-04; 93-583,
4eff. 1-1-04; 93-898, eff. 8-10-04.)".