093_SB1640eng

 
SB1640 Engrossed                     LRB093 03190 RCE 03207 b

 1        AN ACT in relation to military personnel.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Deposit of State Moneys Act is amended by
 5    adding Section 7.5 and changing Section 15 as follows:

 6        (15 ILCS 520/7.5 new)
 7        Sec. 7.5.  No deposit  where  fee  imposed  for  terminal
 8    usage or for checking account.
 9        (a)  For  purposes  of  this  Section, "consumer" means a
10    resident of Illinois who is on active  duty  in  any  reserve
11    component of the armed forces, including, but not limited to,
12    the  Illinois  Army  National  Guard,  Illinois  Air National
13    Guard, United States Army Reserve, United States Marine Corps
14    Reserve, United States Navy Reserve, United States Air  Force
15    Reserve, or United States Coast Guard Reserve.
16        (b)  In  addition  to any other requirements of this Act,
17    the State Treasurer may not deposit moneys in  any  financial
18    institution  that  imposes a fee on a consumer for usage of a
19    terminal, as defined in the Electronic Fund Transfer Act,  or
20    imposes  a  fee  for  the  establishment  or maintenance of a
21    checking account.
22        (c)  A bank or savings and loan association approved as a
23    depositary must waive  fees  for  usage  of  a  terminal,  as
24    defined  in  the  Electronic  Fund  Transfer Act, and for the
25    establishment or maintenance of a  checking  account  if  the
26    consumer:
27             (1)  shows   proof  of  membership  in  any  reserve
28        component of the armed forces, including, but not limited
29        to,  the  Illinois  Army  National  Guard,  Illinois  Air
30        National Guard, United States Army Reserve, United States
31        Marine Corps Reserve, United States Navy Reserve,  United
 
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 1        States  Air  Force  Reserve, or United States Coast Guard
 2        Reserve;
 3             (2)  shows  proof  of  residency  in  the  State  of
 4        Illinois; and
 5             (3)  shows proof of active duty status.

 6        (15 ILCS 520/15) (from Ch. 130, par. 34)
 7        Sec. 15.  (a)  A bank or  savings  and  loan  association
 8    approved  as  a depositary shall cease to be an approved bank
 9    or savings and loan association, and shall be disqualified by
10    the State Treasurer:
11             (1)  Upon its failure to post  a  suitable  bond  or
12        deposit securities with the State Treasurer;
13             (2)  Upon  its failure or refusal to pay over public
14        moneys or any part thereof;
15             (3)  Upon its becoming  insolvent  or  bankrupt,  or
16        being placed in the hands of a receiver;
17             (4)  Upon  a  showing  of  unsatisfactory  financial
18        condition  through  a  report  made to, or an examination
19        made  by,  the   Comptroller   of   the   Currency,   the
20        Commissioner  of  Banks  and  Real Estate, or the Federal
21        Home Loan Bank or its successors;.
22             (5)  Upon its failure to submit a pledge executed by
23        its president or chief executive officer in the following
24        form:
25                  The  (name  of  bank  or   savings   and   loan
26             association) pledges not to impose fees on consumers
27             who  are  on active duty in any reserve component of
28             the armed forces, including, but not limited to, the
29             Illinois Army National Guard, Illinois Air  National
30             Guard,  United  States  Army  Reserve, United States
31             Marine Corps Reserve, United  States  Navy  Reserve,
32             United  States  Air  Force Reserve, or United States
33             Coast Guard  Reserve,  for  usage  of  an  automatic
 
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 1             teller machine or for establishing and maintaining a
 2             checking account;
 3             (6)  Upon   its   failure   to   comply   with   the
 4        requirements of Section 7.5 of this Act.
 5        (b)  No  approved depositary shall be disqualified by the
 6    State Treasurer  solely  by  reason  of  its  acquisition  by
 7    another institution.
 8    (Source: P.A. 89-508, eff. 7-3-96.)

 9        Section  10.  The  State  Treasurer's Bank Services Trust
10    Fund Act is amended by adding Section 16 as follows:

11        (30 ILCS 212/16 new)
12        Sec. 16.  No banking service agreement where fee  imposed
13    for terminal usage or for checking account.
14        (a)  The  State  Treasurer  may  not enter into a banking
15    service agreement with a financial institution that imposes a
16    fee on a consumer who  is  on  active  duty  in  any  reserve
17    component of the armed forces, including, but not limited to,
18    the  Illinois  Army  National  Guard,  Illinois  Air National
19    Guard, United States Army Reserve, United States Marine Corps
20    Reserve, United States Navy Reserve, United States Air  Force
21    Reserve, or United States Coast Guard Reserve, for usage of a
22    terminal,  as defined in the Electronic Fund Transfer Act, or
23    for the establishment or maintenance of a checking account.
24        (b)  The State Treasurer may not  enter  into  a  banking
25    service agreement with a financial institution if it fails to
26    submit  a pledge executed by its president or chief executive
27    officer in the following form:
28             The (name of the financial institution) pledges  not
29        to impose fees on consumers who are on active duty in any
30        reserve component of the armed forces, including, but not
31        limited  to,  the  Illinois Army National Guard, Illinois
32        Air National Guard, United States  Army  Reserve,  United
 
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 1        States  Marine Corps Reserve, United States Navy Reserve,
 2        United States Air Force Reserve, or United  States  Coast
 3        Guard  Reserve,  for usage of an automatic teller machine
 4        or for establishing and maintaining a checking account.
 5        (c)  The State Treasurer may not  enter  into  a  banking
 6    service  agreement  with any financial institution that fails
 7    to waive fees for usage of a  terminal,  as  defined  in  the
 8    Electronic  Fund  Transfer  Act,  or for the establishment or
 9    maintenance of a checking account if the consumer:
10             (1)  shows  proof  of  membership  in  any   reserve
11        component of the armed forces, including, but not limited
12        to,  the  Illinois  Army  National  Guard,  Illinois  Air
13        National Guard, United States Army Reserve, United States
14        Marine  Corps Reserve, United States Navy Reserve, United
15        States Air Force Reserve, or United  States  Coast  Guard
16        Reserve;
17             (2)  shows  proof  of  residency  in  the  State  of
18        Illinois; and
19             (3)  shows proof of active duty status.

20        Section  15.  The Electronic Fund Transfer Act is amended
21    by changing Section 50 as follows:

22        (205 ILCS 616/50)
23        Sec. 50. Terminal requirements.
24        (a)  To  assure  maximum  safety  and  security   against
25    malfunction,  fraud, theft, and other accidents or abuses and
26    to assure that all access devices will have the capability of
27    activating  all  terminals  established  in  this  State,  no
28    terminal shall accept an access device that does not  conform
29    to  specifications  that are generally accepted.  In the case
30    of a dispute concerning the specifications, the Commissioner,
31    in accordance with the provisions of Section 20 of this  Act,
32    shall have the authority to determine the specifications.
 
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 1        (b)  No  terminal  that  does not accept an access device
 2    that conforms with those specifications shall be  established
 3    or operated.
 4        (c)  A   terminal   shall   bear   a  logotype  or  other
 5    identification symbol  designed  to  advise  customers  which
 6    access devices may activate the terminal.
 7        (d)  When  used  to perform an interchange transaction, a
 8    terminal shall not bear any form of  proprietary  advertising
 9    of  products  and  services  not  offered  at  the  terminal;
10    provided,   however,   that   a   terminal  screen  may  bear
11    proprietary advertising of products or services offered by  a
12    financial  institution  when  a  person uses an access device
13    issued by that financial institution.
14        (e)  No person operating a terminal in this  State  shall
15    impose  any  surcharge  on  a  consumer for the usage of that
16    terminal, whether or not the  consumer  is  using  an  access
17    device  issued  by  that  person,  unless  that  surcharge is
18    clearly disclosed to the consumer both (i) by a sign that  is
19    clearly  visible  to the consumer on or at the terminal being
20    used  and  (ii)  electronically  on  the   terminal   screen.
21    Following  presentation  of  the electronic disclosure on the
22    terminal  screen,  the  consumer   shall   be   provided   an
23    opportunity  to cancel that transaction without incurring any
24    surcharge or other obligation.  If a surcharge is imposed  on
25    a  consumer  using  an access device not issued by the person
26    operating the terminal, that person  shall  disclose  on  the
27    sign  and  on  the  terminal  screen that the surcharge is in
28    addition to any fee that may be assessed  by  the  consumer's
29    own  institution.   As  used  in this subsection, "surcharge"
30    means any charge imposed by the person operating the terminal
31    solely for the use of the terminal.  This subsection does not
32    apply to a point-of-sale purchase transaction at a terminal.
33        (f)  A receipt given  at  a  terminal  to  a  person  who
34    initiates  an electronic fund transfer shall include a number
 
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 1    or code that identifies the consumer initiating the transfer,
 2    the consumer's account or accounts, or the access device used
 3    to initiate the transfer.  If the number or code shown on the
 4    receipt is a number that identifies the  access  device,  the
 5    number  must  be  truncated as printed on the receipt so that
 6    fewer than all of the  digits  of  the  number  or  code  are
 7    printed  on  the  receipt.   The  Commissioner  may, however,
 8    modify or waive the requirements imposed by  this  subsection
 9    (f)  if the Commissioner determines that the modifications or
10    waivers are  necessary  to  alleviate  any  undue  compliance
11    burden.
12        (g)  No terminal shall operate in this State unless, with
13    respect  to  each  interchange  transaction  initiated at the
14    terminal,  the  access  code  entered  by  the  consumer   to
15    authorize  the  transaction  is  encrypted by the device into
16    which the access code is manually entered by the consumer and
17    is transmitted from the terminal only in encrypted form.  Any
18    terminal  that   cannot   meet   the   foregoing   encryption
19    requirements  shall  immediately cease forwarding information
20    with respect to  any  interchange  transaction  or  attempted
21    interchange transaction.
22        (h)  No  person that directly or indirectly provides data
23    processing support  to  any  terminal  in  this  State  shall
24    authorize   or  forward  for  authorization  any  interchange
25    transaction unless the access code intended to authorize  the
26    interchange  transaction  is  encrypted when received by that
27    person and is encrypted when forwarded to any other person.
28        (i)  A person operating a terminal  in  this  State  must
29    disclose,  in  any application to serve as a depositary under
30    the Deposit of State Moneys Act or to provide services  under
31    the  State  Treasurer's  Bank  Services  Trust  Fund  Act, to
32    process payments of taxes, fees, and  other  moneys  due  the
33    State,  to  provide  transactional  charges  related  to  the
34    investment  or  safekeeping  of  funds  under the Treasurer's
 
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 1    control, or  to  pay  bondholders  under  the  State  general
 2    obligation  bond  program, its schedule of fees for consumers
 3    for usage of the terminal, including those fees for consumers
 4    who are residents of Illinois who are on active duty  in  any
 5    reserve  component  of  the  armed forces, including, but not
 6    limited to, the Illinois Army National  Guard,  Illinois  Air
 7    National  Guard,  United  States  Army Reserve, United States
 8    Marine Corps Reserve,  United  States  Navy  Reserve,  United
 9    States  Air  Force  Reserve,  or  United  States  Coast Guard
10    Reserve.
11    (Source: P.A. 89-310, eff. 1-1-96; 90-189, eff. 1-1-98.)

12        Section 20.  The Illinois Human Rights Act is amended  by
13    changing Section 1-103 as follows:

14        (775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
15        Sec.  1-103.  General Definitions. When used in this Act,
16    unless the context requires otherwise, the term:
17        (A)  Age.  "Age" means the chronological age of a  person
18    who  is  at  least  40  years  old, except with regard to any
19    practice described in Section 2-102, insofar as that practice
20    concerns training or apprenticeship programs. In the case  of
21    training  or  apprenticeship  programs,  for  the purposes of
22    Section 2-102, "age" means the chronological age of a  person
23    who is 18 but not yet 40 years old.
24        (B)  Aggrieved  Party.  "Aggrieved  party" means a person
25    who is alleged or proved to have  been  injured  by  a  civil
26    rights  violation  or believes he or she will be injured by a
27    civil rights violation under  Article  3  that  is  about  to
28    occur.
29        (C)  Charge.  "Charge" means an allegation filed with the
30    Department  by  an  aggrieved  party  or  initiated  by   the
31    Department under its authority.
32        (D)  Civil  Rights  Violation.  "Civil  rights violation"
 
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 1    includes and shall be limited to only those specific acts set
 2    forth in Sections 2-102, 2-103, 2-105, 3-102,  3-103,  3-104,
 3    3-104.1, 3-105, 4-102, 4-103, 5-102, 5A-102 and 6-101 of this
 4    Act.
 5        (E)  Commission.  "Commission"  means  the  Human  Rights
 6    Commission created by this Act.
 7        (F)  Complaint.  "Complaint"  means  the  formal pleading
 8    filed by the Department  with  the  Commission  following  an
 9    investigation  and finding of substantial evidence of a civil
10    rights violation.
11        (G)  Complainant. "Complainant" means a person  including
12    the  Department  who files a charge of civil rights violation
13    with the Department or the Commission.
14        (H)  Department. "Department"  means  the  Department  of
15    Human Rights created by this Act.
16        (I)  Handicap.  "Handicap"  means a determinable physical
17    or mental characteristic of  a  person,  including,  but  not
18    limited  to,  a  determinable  physical  characteristic which
19    necessitates the person's use of a guide, hearing or  support
20    dog, the history of such characteristic, or the perception of
21    such  characteristic  by the person complained against, which
22    may result from  disease,  injury,  congenital  condition  of
23    birth or functional disorder and which characteristic:
24             (1)  For  purposes  of Article 2 is unrelated to the
25        person's ability to perform the duties  of  a  particular
26        job  or  position  and, pursuant to Section 2-104 of this
27        Act, a person's illegal use of drugs or alcohol is not  a
28        handicap;
29             (2)  For  purposes of Article 3, is unrelated to the
30        person's ability to acquire, rent or maintain  a  housing
31        accommodation;
32             (3)  For  purposes  of  Article 4, is unrelated to a
33        person's ability to repay;
34             (4)  For purposes of Article 5, is  unrelated  to  a
 
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 1        person's  ability  to utilize and benefit from a place of
 2        public accommodation.
 3        (J)  Marital Status. "Marital  status"  means  the  legal
 4    status  of  being  married,  single,  separated,  divorced or
 5    widowed.
 6        (J-1)  Military  Status.   "Military  status"   means   a
 7    person's  status  on  active  duty in the armed forces of the
 8    United States or status as a member in any reserve  component
 9    of  the  armed  forces,  including,  but  not limited to, the
10    Illinois Army National Guard, Illinois  Air  National  Guard,
11    United  States  Army  Reserve,  United  States  Marine  Corps
12    Reserve,  United States Navy Reserve, United States Air Force
13    Reserve, or United States Coast Guard Reserve.
14        (K)  National Origin. "National origin" means  the  place
15    in which a person or one of his or her ancestors was born.
16        (L)  Person.  "Person"  includes one or more individuals,
17    partnerships,   associations    or    organizations,    labor
18    organizations, labor unions, joint apprenticeship committees,
19    or  union  labor  associations,  corporations,  the  State of
20    Illinois and its instrumentalities,  political  subdivisions,
21    units of local government, legal representatives, trustees in
22    bankruptcy or receivers.
23        (M)  Public  Contract.  "Public  contract" includes every
24    contract  to  which  the  State,   any   of   its   political
25    subdivisions or any municipal corporation is a party.
26        (N)  Religion.   "Religion"   includes   all  aspects  of
27    religious observance and practice, as well as belief,  except
28    that  with  respect to employers, for the purposes of Article
29    2, "religion" has the meaning ascribed to it in paragraph (F)
30    of Section 2-101.
31        (O)  Sex. "Sex" means the status of being male or female.
32        (P)  Unfavorable   Military    Discharge.    "Unfavorable
33    military discharge" includes discharges from the Armed Forces
34    of  the  United  States,  their  Reserve  components  or  any
 
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 1    National  Guard or Naval Militia which are classified as RE-3
 2    or  the  equivalent  thereof,  but  does  not  include  those
 3    characterized as RE-4 or "Dishonorable".
 4        (Q)  Unlawful Discrimination.  "Unlawful  discrimination"
 5    means  discrimination  against a person because of his or her
 6    race, color, religion, national origin, ancestry,  age,  sex,
 7    marital  status,  handicap,  military  status, or unfavorable
 8    discharge from military service as those terms are defined in
 9    this Section.
10    (Source: P.A. 88-178; 88-180; 88-670, eff. 12-2-94.)

11        Section 99.  Effective date.  This Act takes effect  upon
12    becoming law.