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Public Act 093-0583


Public Act 93-0583 of the 93rd General Assembly

Public Act 93-0583

HB0467 Enrolled                      LRB093 06585 JLS 06713 b

    AN ACT concerning electronic fund transfers.

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

    Section  5.  The  Electronic Fund Transfer Act is amended
by changing Section 50 as follows:

    (205 ILCS 616/50)
    Sec. 50. Terminal requirements.
    (a)  To  assure  maximum  safety  and  security   against
malfunction,  fraud, theft, and other accidents or abuses and
to assure that all access devices will have the capability of
activating  all  terminals  established  in  this  State,  no
terminal shall accept an access device that does not  conform
to  specifications  that are generally accepted.  In the case
of a dispute concerning the specifications, the Commissioner,
in accordance with the provisions of Section 20 of this  Act,
shall have the authority to determine the specifications.
    (b)  No  terminal  that  does not accept an access device
that conforms with those specifications shall be  established
or operated.
    (c)  A   terminal   shall   bear   a  logotype  or  other
identification symbol  designed  to  advise  customers  which
access devices may activate the terminal.
    (d)  When  used  to perform an interchange transaction, a
terminal shall not bear any form of  proprietary  advertising
of  products  and  services  not  offered  at  the  terminal;
provided,   however,   that   a   terminal  screen  may  bear
proprietary advertising of products or services offered by  a
financial  institution  when  a  person uses an access device
issued by that financial institution.
    (e)  No person operating a terminal in this  State  shall
impose  any  surcharge  on  a  consumer for the usage of that
terminal, whether or not the  consumer  is  using  an  access
device  issued  by  that  person,  unless  that  surcharge is
clearly disclosed to the consumer both (i) by a sign that  is
clearly  visible  to the consumer on or at the terminal being
used  and  (ii)  electronically  on  the   terminal   screen.
Following  presentation  of  the electronic disclosure on the
terminal  screen,  the  consumer   shall   be   provided   an
opportunity  to cancel that transaction without incurring any
surcharge or other obligation.  If a surcharge is imposed  on
a  consumer  using  an access device not issued by the person
operating the terminal, that person  shall  disclose  on  the
sign  and  on  the  terminal  screen that the surcharge is in
addition to any fee that may be assessed  by  the  consumer's
own  institution.   As  used  in this subsection, "surcharge"
means any charge imposed by the person operating the terminal
solely for the use of the terminal.  This subsection does not
apply to a point-of-sale purchase transaction at a terminal.
    (f)  A receipt given  at  a  terminal  to  a  person  who
initiates  an electronic fund transfer shall include a number
or code that identifies the consumer initiating the transfer,
the consumer's account or accounts, or the access device used
to initiate the transfer.  If the number or code shown on the
receipt is a number that identifies the  access  device,  the
number  must  be  truncated as printed on the receipt so that
fewer than all of the  digits  of  the  number  or  code  are
printed  on  the  receipt.   The  Commissioner  may, however,
modify or waive the requirements imposed by  this  subsection
(f)  if the Commissioner determines that the modifications or
waivers are  necessary  to  alleviate  any  undue  compliance
    (g)  No terminal shall operate in this State unless, with
respect  to  each  interchange  transaction  initiated at the
terminal,  the  access  code  entered  by  the  consumer   to
authorize  the  transaction  is  encrypted by the device into
which the access code is manually entered by the consumer and
is transmitted from the terminal only in encrypted form.  Any
terminal  that   cannot   meet   the   foregoing   encryption
requirements  shall  immediately cease forwarding information
with respect to  any  interchange  transaction  or  attempted
interchange transaction.
    (h)  No  person that directly or indirectly provides data
processing support  to  any  terminal  in  this  State  shall
authorize   or  forward  for  authorization  any  interchange
transaction unless the access code intended to authorize  the
interchange  transaction  is  encrypted when received by that
person and is encrypted when forwarded to any other person.
    (i)  A person operating a terminal in this State may  not
impose a fee upon a consumer for usage of the terminal if the
consumer  is  using a Link Card or other access device issued
by a government agency for use  in  obtaining  financial  aid
under the Illinois Public Aid Code.
    For  the purpose of this subsection (i), the term "person
operating a terminal" means the person who has  control  over
and   is  responsible  for  a  terminal.   The  term  "person
operating a terminal" does not mean the person  who  owns  or
controls  the  property  or  building  in which a terminal is
located, unless he or  she  also  has  control  over  and  is
responsible for the terminal.
(Source: P.A. 89-310, eff. 1-1-96; 90-189, eff. 1-1-98.)

Effective Date: 01/01/04