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Public Act 093-0898


 

Public Act 0898 93RD GENERAL ASSEMBLY

 


 
Public Act 093-0898
 
HB4652 Enrolled LRB093 20582 SAS 46393 b

    AN ACT concerning electronic fund transfer terminals.
 
    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.
    (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 burden.
    (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 terminal operated in this State may be designed and
programmed so that when a consumer enters his or her personal
identification number in reverse order, the terminal
automatically sends an alarm to the local law enforcement
agency having jurisdiction over the terminal location. The
Commissioner shall promulgate rules necessary for the
implementation of this subsection (i). The provisions of this
subsection (i) shall not be construed to require an owner or
operator of a terminal to design and program the terminal to
accept a personal identification number in reverse order.
    (j) (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 (j) (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. 93-136, eff. 1-1-04; 93-273, eff. 1-1-04; 93-583,
eff. 1-1-04; revised 9-11-03.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/10/2004