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91_SB1551
LRB9112833JSpc
1 AN ACT concerning electronic fund transfer terminal
2 access fees.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Electronic Fund Transfer Act is amended
6 by changing Sections 45 and 50 as follows:
7 (205 ILCS 616/45)
8 Sec. 45. Nondiscriminatory access.
9 (a) Subject to the provisions of Section 35 of this Act,
10 use of a terminal through access to a switch and use of any
11 switch shall be available on a nondiscriminatory basis to any
12 switch or financial institution that has its principal place
13 of business within this State. The terms and conditions of
14 use shall be governed by a written agreement between the
15 network and the financial institution or other switch
16 obtaining the use. The written agreement shall specify all
17 of the terms and conditions under which the network may be
18 utilized, including commercially reasonable fees and charges.
19 In case of a dispute under the terms of the written
20 agreement, the parties shall be deemed to have agreed to
21 accept the Commissioner as final arbitrator unless the
22 aggrieved party seeks court action.
23 (b) The use and operation of each terminal served by a
24 switch shall be governed by a written agreement between the
25 network and the person establishing the terminal. The
26 written agreement shall specify all the terms and conditions
27 under which the network provides service to the terminal,
28 including commercially reasonable fees and charges. In case
29 of a dispute under the terms of the written agreement, the
30 parties shall be deemed to have agreed to accept the
31 Commissioner as final arbitrator unless the aggrieved party
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1 seeks court action.
2 (c) The Commissioner shall have the power to arbitrate
3 disputes arising under (1) contracts, in accordance with the
4 terms of those contracts, governing the use, operation, and
5 access to switches and terminals, and (2) the use, operation,
6 and access to switches and terminals. Any decision by the
7 Commissioner in connection with any arbitration shall be
8 determined only after an opportunity for a hearing and shall
9 be subject to judicial review pursuant to the provisions of
10 the Administrative Review Law and the rules adopted pursuant
11 to that Law. Anything to the contrary in this Act
12 notwithstanding, any right of arbitration granted under this
13 Act is subject to the right of either party to seek court
14 action.
15 (d) A person owning or operating a terminal may not
16 refuse access to or limit access to a terminal on the basis
17 of whether or not the consumer is using an access device
18 issued by the owner or operator of the terminal.
19 (Source: P.A. 89-310, eff. 1-1-96.)
20 (205 ILCS 616/50)
21 Sec. 50. Terminal requirements.
22 (a) To assure maximum safety and security against
23 malfunction, fraud, theft, and other accidents or abuses and
24 to assure that all access devices will have the capability of
25 activating all terminals established in this State, no
26 terminal shall accept an access device that does not conform
27 to specifications that are generally accepted. In the case
28 of a dispute concerning the specifications, the Commissioner,
29 in accordance with the provisions of Section 20 of this Act,
30 shall have the authority to determine the specifications.
31 (b) No terminal that does not accept an access device
32 that conforms with those specifications shall be established
33 or operated.
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1 (c) A terminal shall bear a logotype or other
2 identification symbol designed to advise customers which
3 access devices may activate the terminal.
4 (d) When used to perform an interchange transaction, a
5 terminal shall not bear any form of proprietary advertising
6 of products and services not offered at the terminal;
7 provided, however, that a terminal screen may bear
8 proprietary advertising of products or services offered by a
9 financial institution when a person uses an access device
10 issued by that financial institution.
11 (e) No person owning or operating a terminal in this
12 State shall impose any surcharge on a consumer for the usage
13 of that terminal, whether or not the consumer is using an
14 access device issued by that person., unless that surcharge
15 is clearly disclosed to the consumer both (i) by a sign that
16 is clearly visible to the consumer on or at the terminal
17 being used and (ii) electronically on the terminal screen.
18 Following presentation of the electronic disclosure on the
19 terminal screen, the consumer shall be provided an
20 opportunity to cancel that transaction without incurring any
21 surcharge or other obligation. If a surcharge is imposed on
22 a consumer using an access device not issued by the person
23 operating the terminal, that person shall disclose on the
24 sign and on the terminal screen that the surcharge is in
25 addition to any fee that may be assessed by the consumer's
26 own institution. As used in this subsection, "surcharge"
27 means any charge imposed by the person operating the terminal
28 solely for the use of the terminal. This subsection does not
29 apply to a point-of-sale purchase transaction at a terminal.
30 (f) A receipt given at a terminal to a person who
31 initiates an electronic fund transfer shall include a number
32 or code that identifies the consumer initiating the transfer,
33 the consumer's account or accounts, or the access device used
34 to initiate the transfer. If the number or code shown on the
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1 receipt is a number that identifies the access device, the
2 number must be truncated as printed on the receipt so that
3 fewer than all of the digits of the number or code are
4 printed on the receipt. The Commissioner may, however,
5 modify or waive the requirements imposed by this subsection
6 (f) if the Commissioner determines that the modifications or
7 waivers are necessary to alleviate any undue compliance
8 burden.
9 (g) No terminal shall operate in this State unless, with
10 respect to each interchange transaction initiated at the
11 terminal, the access code entered by the consumer to
12 authorize the transaction is encrypted by the device into
13 which the access code is manually entered by the consumer and
14 is transmitted from the terminal only in encrypted form. Any
15 terminal that cannot meet the foregoing encryption
16 requirements shall immediately cease forwarding information
17 with respect to any interchange transaction or attempted
18 interchange transaction.
19 (h) No person that directly or indirectly provides data
20 processing support to any terminal in this State shall
21 authorize or forward for authorization any interchange
22 transaction unless the access code intended to authorize the
23 interchange transaction is encrypted when received by that
24 person and is encrypted when forwarded to any other person.
25 (Source: P.A. 89-310, eff. 1-1-96; 90-189, eff. 1-1-98.)