093_SB1640sam001











                                     LRB093 03190 DRJ 14411 a

 1                    AMENDMENT TO SENATE BILL 1640

 2        AMENDMENT NO.     .  Amend Senate Bill 1640 by  replacing
 3    the title with the following:

 4        "AN ACT in relation to military personnel."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 5.  The Deposit of State Moneys Act  is  amended
 8    by adding Section 7.5 and changing Section 15 as follows:

 9        (15 ILCS 520/7.5 new)
10        Sec.  7.5.  No  deposit  where  fee  imposed for terminal
11    usage or for checking account.
12        (a)  For purposes of this  Section,  "consumer"  means  a
13    resident  of  Illinois  who  is on active duty in any reserve
14    component of the armed forces, including, but not limited to,
15    the Illinois  Army  National  Guard,  Illinois  Air  National
16    Guard,  United States Army Reserve, United State Marine Corps
17    Reserve, United States Navy Reserve, United States Air  Force
18    Reserve, or United States Coast Guard Reserve.
19        (b)  In  addition  to any other requirements of this Act,
20    the State Treasurer may not deposit moneys in  any  financial
21    institution  that  imposes a fee on a consumer for usage of a
 
                            -2-      LRB093 03190 DRJ 14411 a
 1    terminal, as defined in the Electronic Fund Transfer Act,  or
 2    imposes  a  fee  for  the  establishment  or maintenance of a
 3    checking account.
 4        (c)  A bank or savings and loan association approved as a
 5    depositary must waive  fees  for  usage  of  a  terminal,  as
 6    defined  in  the  Electronic  Fund  Transfer Act, and for the
 7    establishment or maintenance of a  checking  account  if  the
 8    consumer:
 9             (1)  shows   proof  of  membership  in  any  reserve
10        component of the armed forces, including, but not limited
11        to,  the  Illinois  Army  National  Guard,  Illinois  Air
12        National Guard, United States Army Reserve, United  State
13        Marine  Corps Reserve, United States Navy Reserve, United
14        States Air Force Reserve, or United  States  Coast  Guard
15        Reserve;
16             (2)  shows  proof  of  residency  in  the  State  of
17        Illinois; and
18             (3)  shows proof of active duty status.

19        (15 ILCS 520/15) (from Ch. 130, par. 34)
20        Sec.  15.  (a)  A  bank  or  savings and loan association
21    approved as a depositary shall cease to be an  approved  bank
22    or savings and loan association, and shall be disqualified by
23    the State Treasurer:
24             (1)  Upon  its  failure  to  post a suitable bond or
25        deposit securities with the State Treasurer;
26             (2)  Upon its failure or refusal to pay over  public
27        moneys or any part thereof;
28             (3)  Upon  its  becoming  insolvent  or bankrupt, or
29        being placed in the hands of a receiver;
30             (4)  Upon  a  showing  of  unsatisfactory  financial
31        condition through a report made  to,  or  an  examination
32        made   by,   the   Comptroller   of   the  Currency,  the
33        Commissioner of Banks and Real  Estate,  or  the  Federal
 
                            -3-      LRB093 03190 DRJ 14411 a
 1        Home Loan Bank or its successors;.
 2             (5)  Upon its failure to submit a pledge executed by
 3        its president or chief executive officer in the following
 4        form:
 5                  The   (name   of   bank  or  savings  and  loan
 6             association) pledges not to impose fees on consumers
 7             who are on active duty in any reserve  component  of
 8             the armed forces, including, but not limited to, the
 9             Illinois  Army National Guard, Illinois Air National
10             Guard, United  States  Army  Reserve,  United  State
11             Marine  Corps  Reserve,  United States Navy Reserve,
12             United States Air Force Reserve,  or  United  States
13             Coast  Guard  Reserve,  for  usage  of  an automatic
14             teller machine or for establishing and maintaining a
15             checking account;
16             (6)  Upon   its   failure   to   comply   with   the
17        requirements of Section 7.5 of this Act.
18        (b)  No approved depositary shall be disqualified by  the
19    State  Treasurer  solely  by  reason  of  its  acquisition by
20    another institution.
21    (Source: P.A. 89-508, eff. 7-3-96.)

22        Section 10.  The State Treasurer's  Bank  Services  Trust
23    Fund Act is amended by adding Section 16 as follows:

24        (30 ILCS 212/16 new)
25        Sec.  16.  No banking service agreement where fee imposed
26    for terminal usage or for checking account.
27        (a)  The State Treasurer may not  enter  into  a  banking
28    service agreement with a financial institution that imposes a
29    fee  on  a  consumer  who  is  on  active duty in any reserve
30    component of the armed forces, including, but not limited to,
31    the Illinois  Army  National  Guard,  Illinois  Air  National
32    Guard,  United States Army Reserve, United State Marine Corps
 
                            -4-      LRB093 03190 DRJ 14411 a
 1    Reserve, United States Navy Reserve, United States Air  Force
 2    Reserve, or United States Coast Guard Reserve, for usage of a
 3    terminal,  as defined in the Electronic Fund Transfer Act, or
 4    for the establishment or maintenance of a checking account.
 5        (b)  The State Treasurer may not  enter  into  a  banking
 6    service agreement with a financial institution if it fails to
 7    submit  a pledge executed by its president or chief executive
 8    officer in the following form:
 9             The (name of the financial institution) pledges  not
10        to impose fees on consumers who are on active duty in any
11        reserve component of the armed forces, including, but not
12        limited  to,  the  Illinois Army National Guard, Illinois
13        Air National Guard, United States  Army  Reserve,  United
14        State  Marine  Corps Reserve, United States Navy Reserve,
15        United States Air Force Reserve, or United  States  Coast
16        Guard  Reserve,  for usage of an automatic teller machine
17        or for establishing and maintaining a checking account.
18        (c)  The State Treasurer may not  enter  into  a  banking
19    service  agreement  with any financial institution that fails
20    to waive fees for usage of a  terminal,  as  defined  in  the
21    Electronic  Fund  Transfer  Act,  or for the establishment or
22    maintenance of a checking account if the consumer:
23             (1)  shows  proof  of  membership  in  any   reserve
24        component of the armed forces, including, but not limited
25        to,  the  Illinois  Army  National  Guard,  Illinois  Air
26        National  Guard, United States Army Reserve, United State
27        Marine Corps Reserve, United States Navy Reserve,  United
28        States  Air  Force  Reserve, or United States Coast Guard
29        Reserve;
30             (2)  shows  proof  of  residency  in  the  State  of
31        Illinois; and
32             (3)  shows proof of active duty status.

33        Section 15.  The Electronic Fund Transfer Act is  amended
 
                            -5-      LRB093 03190 DRJ 14411 a
 1    by changing Section 50 as follows:

 2        (205 ILCS 616/50)
 3        Sec. 50. Terminal requirements.
 4        (a)  To   assure  maximum  safety  and  security  against
 5    malfunction, fraud, theft, and other accidents or abuses  and
 6    to assure that all access devices will have the capability of
 7    activating  all  terminals  established  in  this  State,  no
 8    terminal  shall accept an access device that does not conform
 9    to specifications that are generally accepted.  In  the  case
10    of a dispute concerning the specifications, the Commissioner,
11    in  accordance with the provisions of Section 20 of this Act,
12    shall have the authority to determine the specifications.
13        (b)  No terminal that does not accept  an  access  device
14    that  conforms with those specifications shall be established
15    or operated.
16        (c)  A  terminal  shall  bear   a   logotype   or   other
17    identification  symbol  designed  to  advise  customers which
18    access devices may activate the terminal.
19        (d)  When used to perform an interchange  transaction,  a
20    terminal  shall  not bear any form of proprietary advertising
21    of  products  and  services  not  offered  at  the  terminal;
22    provided,  however,  that  a   terminal   screen   may   bear
23    proprietary  advertising of products or services offered by a
24    financial institution when a person  uses  an  access  device
25    issued by that financial institution.
26        (e)  No  person  operating a terminal in this State shall
27    impose any surcharge on a consumer  for  the  usage  of  that
28    terminal,  whether  or  not  the  consumer is using an access
29    device issued  by  that  person,  unless  that  surcharge  is
30    clearly  disclosed to the consumer both (i) by a sign that is
31    clearly visible to the consumer on or at the  terminal  being
32    used   and   (ii)  electronically  on  the  terminal  screen.
33    Following presentation of the electronic  disclosure  on  the
 
                            -6-      LRB093 03190 DRJ 14411 a
 1    terminal   screen,   the   consumer   shall  be  provided  an
 2    opportunity to cancel that transaction without incurring  any
 3    surcharge  or other obligation.  If a surcharge is imposed on
 4    a consumer using an access device not issued  by  the  person
 5    operating  the  terminal,  that  person shall disclose on the
 6    sign and on the terminal screen  that  the  surcharge  is  in
 7    addition  to  any  fee that may be assessed by the consumer's
 8    own institution.  As used  in  this  subsection,  "surcharge"
 9    means any charge imposed by the person operating the terminal
10    solely for the use of the terminal.  This subsection does not
11    apply to a point-of-sale purchase transaction at a terminal.
12        (f)  A  receipt  given  at  a  terminal  to  a person who
13    initiates an electronic fund transfer shall include a  number
14    or code that identifies the consumer initiating the transfer,
15    the consumer's account or accounts, or the access device used
16    to initiate the transfer.  If the number or code shown on the
17    receipt  is  a  number that identifies the access device, the
18    number must be truncated as printed on the  receipt  so  that
19    fewer  than  all  of  the  digits  of  the number or code are
20    printed on  the  receipt.   The  Commissioner  may,  however,
21    modify  or  waive the requirements imposed by this subsection
22    (f) if the Commissioner determines that the modifications  or
23    waivers  are  necessary  to  alleviate  any  undue compliance
24    burden.
25        (g)  No terminal shall operate in this State unless, with
26    respect to each  interchange  transaction  initiated  at  the
27    terminal,   the  access  code  entered  by  the  consumer  to
28    authorize the transaction is encrypted  by  the  device  into
29    which the access code is manually entered by the consumer and
30    is transmitted from the terminal only in encrypted form.  Any
31    terminal   that   cannot   meet   the   foregoing  encryption
32    requirements shall immediately cease  forwarding  information
33    with  respect  to  any  interchange  transaction or attempted
34    interchange transaction.
 
                            -7-      LRB093 03190 DRJ 14411 a
 1        (h)  No person that directly or indirectly provides  data
 2    processing  support  to  any  terminal  in  this  State shall
 3    authorize  or  forward  for  authorization  any   interchange
 4    transaction  unless the access code intended to authorize the
 5    interchange transaction is encrypted when  received  by  that
 6    person and is encrypted when forwarded to any other person.
 7        (i)  A  person  operating  a  terminal in this State must
 8    disclose, in any application to serve as a  depositary  under
 9    the  Deposit of State Moneys Act or to provide services under
10    the State  Treasurer's  Bank  Services  Trust  Fund  Act,  to
11    process  payments  of  taxes,  fees, and other moneys due the
12    State,  to  provide  transactional  charges  related  to  the
13    investment or safekeeping  of  funds  under  the  Treasurer's
14    control,  or  to  pay  bondholders  under  the  State general
15    obligation bond program, its schedule of fees  for  consumers
16    for usage of the terminal, including those fees for consumers
17    who  are  residents of Illinois who are on active duty in any
18    reserve component of the armed  forces,  including,  but  not
19    limited  to,  the  Illinois Army National Guard, Illinois Air
20    National Guard, United  States  Army  Reserve,  United  State
21    Marine  Corps  Reserve,  United  States  Navy Reserve, United
22    States Air  Force  Reserve,  or  United  States  Coast  Guard
23    Reserve.
24    (Source: P.A. 89-310, eff. 1-1-96; 90-189, eff. 1-1-98.)

25        Section  20.  The Illinois Human Rights Act is amended by
26    changing Section 1-103 as follows:

27        (775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
28        Sec. 1-103.  General Definitions. When used in this  Act,
29    unless the context requires otherwise, the term:
30        (A)  Age.   "Age" means the chronological age of a person
31    who is at least 40 years  old,  except  with  regard  to  any
32    practice described in Section 2-102, insofar as that practice
 
                            -8-      LRB093 03190 DRJ 14411 a
 1    concerns  training or apprenticeship programs. In the case of
 2    training or apprenticeship  programs,  for  the  purposes  of
 3    Section  2-102, "age" means the chronological age of a person
 4    who is 18 but not yet 40 years old.
 5        (B)  Aggrieved Party. "Aggrieved party"  means  a  person
 6    who  is  alleged  or  proved  to have been injured by a civil
 7    rights violation or believes he or she will be injured  by  a
 8    civil  rights  violation  under  Article  3  that is about to
 9    occur.
10        (C)  Charge. "Charge" means an allegation filed with  the
11    Department   by  an  aggrieved  party  or  initiated  by  the
12    Department under its authority.
13        (D)  Civil Rights  Violation.  "Civil  rights  violation"
14    includes and shall be limited to only those specific acts set
15    forth  in  Sections 2-102, 2-103, 2-105, 3-102, 3-103, 3-104,
16    3-104.1, 3-105, 4-102, 4-103, 5-102, 5A-102 and 6-101 of this
17    Act.
18        (E)  Commission.  "Commission"  means  the  Human  Rights
19    Commission created by this Act.
20        (F)  Complaint. "Complaint"  means  the  formal  pleading
21    filed  by  the  Department  with  the Commission following an
22    investigation and finding of substantial evidence of a  civil
23    rights violation.
24        (G)  Complainant.  "Complainant" means a person including
25    the Department who files a charge of civil  rights  violation
26    with the Department or the Commission.
27        (H)  Department.  "Department"  means  the  Department of
28    Human Rights created by this Act.
29        (I)  Handicap. "Handicap" means a  determinable  physical
30    or  mental  characteristic  of  a  person, including, but not
31    limited to,  a  determinable  physical  characteristic  which
32    necessitates  the person's use of a guide, hearing or support
33    dog, the history of such characteristic, or the perception of
34    such characteristic by the person complained  against,  which
 
                            -9-      LRB093 03190 DRJ 14411 a
 1    may  result  from  disease,  injury,  congenital condition of
 2    birth or functional disorder and which characteristic:
 3             (1)  For purposes of Article 2 is unrelated  to  the
 4        person's  ability  to  perform the duties of a particular
 5        job or position and, pursuant to Section  2-104  of  this
 6        Act,  a person's illegal use of drugs or alcohol is not a
 7        handicap;
 8             (2)  For purposes of Article 3, is unrelated to  the
 9        person's  ability  to acquire, rent or maintain a housing
10        accommodation;
11             (3)  For purposes of Article 4, is  unrelated  to  a
12        person's ability to repay;
13             (4)  For  purposes  of  Article 5, is unrelated to a
14        person's ability to utilize and benefit from a  place  of
15        public accommodation.
16        (J)  Marital  Status.  "Marital  status"  means the legal
17    status of  being  married,  single,  separated,  divorced  or
18    widowed.
19        (J-1)  Military   Status.    "Military  status"  means  a
20    person's status on active duty in the  armed  forces  of  the
21    United  States or status as a member in any reserve component
22    of the armed forces,  including,  but  not  limited  to,  the
23    Illinois  Army  National  Guard, Illinois Air National Guard,
24    United  States  Army  Reserve,  United  State  Marine   Corps
25    Reserve,  United States Navy Reserve, United States Air Force
26    Reserve, or United States Coast Guard Reserve.
27        (K)  National Origin. "National origin" means  the  place
28    in which a person or one of his or her ancestors was born.
29        (L)  Person.  "Person"  includes one or more individuals,
30    partnerships,   associations    or    organizations,    labor
31    organizations, labor unions, joint apprenticeship committees,
32    or  union  labor  associations,  corporations,  the  State of
33    Illinois and its instrumentalities,  political  subdivisions,
34    units of local government, legal representatives, trustees in
 
                            -10-     LRB093 03190 DRJ 14411 a
 1    bankruptcy or receivers.
 2        (M)  Public  Contract.  "Public  contract" includes every
 3    contract  to  which  the  State,   any   of   its   political
 4    subdivisions or any municipal corporation is a party.
 5        (N)  Religion.   "Religion"   includes   all  aspects  of
 6    religious observance and practice, as well as belief,  except
 7    that  with  respect to employers, for the purposes of Article
 8    2, "religion" has the meaning ascribed to it in paragraph (F)
 9    of Section 2-101.
10        (O)  Sex. "Sex" means the status of being male or female.
11        (P)  Unfavorable   Military    Discharge.    "Unfavorable
12    military discharge" includes discharges from the Armed Forces
13    of  the  United  States,  their  Reserve  components  or  any
14    National  Guard or Naval Militia which are classified as RE-3
15    or  the  equivalent  thereof,  but  does  not  include  those
16    characterized as RE-4 or "Dishonorable".
17        (Q)  Unlawful Discrimination.  "Unlawful  discrimination"
18    means  discrimination  against a person because of his or her
19    race, color, religion, national origin, ancestry,  age,  sex,
20    marital  status,  handicap,  military  status, or unfavorable
21    discharge from military service as those terms are defined in
22    this Section.
23    (Source: P.A. 88-178; 88-180; 88-670, eff. 12-2-94.)

24        Section 99.  Effective date.  This Act takes effect  upon
25    becoming law.".