Sen. Jacqueline Y. Collins
Filed: 11/29/2006
 
 

 




 

 		












09400SB0896sam001

LRB094 04546 MJR 60520 a






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AMENDMENT TO SENATE BILL 896 




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    AMENDMENT NO. ______. Amend Senate Bill 896 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 1. Short title. This Act may be cited as the 
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Automated Teller Machine Overdraft Disclosure Act.
 
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    Section 5. Definitions. In this Act, "automated teller 
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machine", "customer", and "operator" have the same meanings 
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found in the Automated Teller Machine Security Act.
 
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    Section 10. Full disclosure by operators of automated 
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teller machines of overdrafts by customers.  Operators of 
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automated teller machines must provide customers with a full 
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and complete disclosure of overdraft fees and penalties if the 
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customer completes a transaction that causes the associated 
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account to be overdrawn.
 
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    Section 15. Violation of Act. Any operator of an automated 
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teller machine who knowingly violates this Act commits an 
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unlawful practice within the meaning of the Consumer Fraud and 
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Deceptive Business Practices Act.
 
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    Section 20. Rules. The Department of Financial and 
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Professional Regulation may adopt any rules that it deems 
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necessary to implement this Act.
 
 


 






09400SB0896sam001
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LRB094 04546 MJR 60520 a




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    Section 90. The Consumer Fraud and Deceptive Business 
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Practices Act is amended  by changing Section 2Z as follows:
 



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    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)


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    Sec. 2Z. Violations of other Acts. Any person who knowingly 
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violates
the Automotive Repair Act, the Automotive Collision 
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Repair Act,
the Home Repair and Remodeling Act,
the Dance 
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Studio Act,
the Physical Fitness Services Act,
the Hearing 
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Instrument Consumer Protection Act,
the Illinois Union Label 
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Act,
the Job Referral and Job Listing Services Consumer 
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Protection Act,
the Travel Promotion Consumer Protection Act,

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the Credit Services Organizations Act,
the Automatic Telephone 
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Dialers Act,
the Pay-Per-Call Services Consumer Protection 
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Act,
the Telephone Solicitations Act,
the Illinois Funeral or 
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Burial Funds Act,
the Cemetery Care Act,
the Safe and Hygienic 
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Bed Act,
the Pre-Need Cemetery Sales Act,
the High Risk Home 
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Loan Act,  the Payday Loan Reform Act, the Mortgage Rescue Fraud 
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Act, subsection (a) or (b) of Section 3-10 of the
Cigarette Tax 
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Act, the Payday Loan Reform Act, subsection
(a) or (b) of 
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Section 3-10 of the Cigarette Use Tax Act, the Electronic
Mail 
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Act, paragraph (6)
of
subsection (k) of Section 6-305 of the 
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Illinois Vehicle Code, Article 3 of the Residential Real 
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Property Disclosure Act,  the Automatic Contract Renewal Act, 
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the Automated Teller Machine Overdraft Disclosure Act, or the 
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Personal Information Protection Act commits an unlawful 
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practice within the meaning of this Act.

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(Source: P.A. 93-561, eff. 1-1-04; 93-950, eff. 1-1-05; 94-13, 
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eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, eff. 1-1-06; 94-292, 
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eff. 1-1-06; 94-822, eff. 1-1-07.)


 

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    Section 99. Effective date. This Act takes effect January 
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1, 2007.".