Illinois General Assembly - Full Text of SB0640
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Full Text of SB0640  98th General Assembly

SB0640eng 98TH GENERAL ASSEMBLY



 


 
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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 5. The Electronic Fund Transfer Act is amended by
5changing Section 50 as follows:
 
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.
17    (b) No terminal that does not accept an access device that
18conforms with those specifications shall be established or
19operated.
20    (c) A terminal shall bear a logotype or other
21identification symbol designed to advise customers which
22access devices may activate the terminal.
23    (d) When used to perform an interchange transaction, a

 

 

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1terminal shall not bear any form of proprietary advertising of
2products and services not offered at the terminal; provided,
3however, that a terminal screen may bear proprietary
4advertising of products or services offered by a financial
5institution when a person uses an access device issued by that
6financial institution.
7    (e) No person operating a terminal in this State shall
8impose any surcharge on a consumer for the usage of that
9terminal, whether or not the consumer is using an access device
10issued by that person, unless that surcharge is clearly
11disclosed to the consumer electronically on the terminal
12screen. Following presentation of the electronic disclosure on
13the terminal screen, the consumer shall be provided an
14opportunity to cancel that transaction without incurring any
15surcharge or other obligation. If a surcharge is imposed on a
16consumer using an access device not issued by the person
17operating the terminal, that person shall disclose on the
18terminal screen that the surcharge is in addition to any fee
19that may be assessed by the consumer's own institution. As used
20in this subsection, "surcharge" means any charge imposed by the
21person operating the terminal solely for the use of the
22terminal.
23    (f) A receipt given at a terminal to a person who initiates
24an electronic fund transfer shall include a number or code that
25identifies the consumer initiating the transfer, the
26consumer's account or accounts, or the access device used to

 

 

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1initiate the transfer. If the number or code shown on the
2receipt is a number that identifies the access device, the
3number must be truncated as printed on the receipt so that
4fewer than all of the digits of the number or code are printed
5on the receipt. The Commissioner may, however, modify or waive
6the requirements imposed by this subsection (f) if the
7Commissioner determines that the modifications or waivers are
8necessary to alleviate any undue compliance burden.
9    (g) No terminal shall operate in this State unless, with
10respect to each interchange transaction initiated at the
11terminal, the access code entered by the consumer to authorize
12the transaction is encrypted by the device into which the
13access code is manually entered by the consumer and is
14transmitted from the terminal only in encrypted form. Any
15terminal that cannot meet the foregoing encryption
16requirements shall immediately cease forwarding information
17with respect to any interchange transaction or attempted
18interchange transaction.
19    (h) No person that directly or indirectly provides data
20processing support to any terminal in this State shall
21authorize or forward for authorization any interchange
22transaction unless the access code intended to authorize the
23interchange transaction is encrypted when received by that
24person and is encrypted when forwarded to any other person.
25    (i) A terminal operated in this State may be designed and
26programmed so that when a consumer enters his or her personal

 

 

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1identification number in reverse order, the terminal
2automatically sends an alarm to the local law enforcement
3agency having jurisdiction over the terminal location. The
4Commissioner shall promulgate rules necessary for the
5implementation of this subsection (i). The provisions of this
6subsection (i) shall not be construed to require an owner or
7operator of a terminal to design and program the terminal to
8accept a personal identification number in reverse order.
9    (j) A person operating a terminal in this State may not
10impose a fee upon a consumer for usage of the terminal if the
11consumer is using a Link Card or other access device issued by
12a government agency for use in obtaining financial aid under
13the Illinois Public Aid Code.
14    No person in this State may impose a fee upon a consumer
15for usage of a terminal if the consumer is using a general use
16reloadable card issued by the Illinois State Disbursement Unit
17for the purpose of receiving his or her child support payments.
18    For the purposes purpose of this subsection (j), the term
19"person operating a terminal" means the person who has control
20over and is responsible for a terminal. The term "person
21operating a terminal" does not mean the person who owns or
22controls the property or building in which a terminal is
23located, unless he or she also has control over and is
24responsible for the terminal.
25(Source: P.A. 98-415, eff. 8-16-13.)
 
26    Section 99. Effective date. This Act takes effect July 1,

 

 

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12015.