Illinois General Assembly - Full Text of SB0640
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Full Text of SB0640  98th General Assembly


Sen. Dan Kotowski

Filed: 3/26/2014





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2    AMENDMENT NO. ______. Amend Senate Bill 640 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Electronic Fund Transfer Act is amended by
5changing Section 50 as follows:
6    (205 ILCS 616/50)
7    Sec. 50. Terminal requirements.
8    (a) To assure maximum safety and security against
9malfunction, fraud, theft, and other accidents or abuses and to
10assure that all access devices will have the capability of
11activating all terminals established in this State, no terminal
12shall accept an access device that does not conform to
13specifications that are generally accepted. In the case of a
14dispute concerning the specifications, the Commissioner, in
15accordance with the provisions of Section 20 of this Act, shall
16have the authority to determine the specifications.



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1    (b) No terminal that does not accept an access device that
2conforms with those specifications shall be established or
4    (c) A terminal shall bear a logotype or other
5identification symbol designed to advise customers which
6access devices may activate the terminal.
7    (d) When used to perform an interchange transaction, a
8terminal shall not bear any form of proprietary advertising of
9products and services not offered at the terminal; provided,
10however, that a terminal screen may bear proprietary
11advertising of products or services offered by a financial
12institution when a person uses an access device issued by that
13financial institution.
14    (e) No person operating a terminal in this State shall
15impose any surcharge on a consumer for the usage of that
16terminal, whether or not the consumer is using an access device
17issued by that person, unless that surcharge is clearly
18disclosed to the consumer electronically on the terminal
19screen. Following presentation of the electronic disclosure on
20the terminal screen, the consumer shall be provided an
21opportunity to cancel that transaction without incurring any
22surcharge or other obligation. If a surcharge is imposed on a
23consumer using an access device not issued by the person
24operating the terminal, that person shall disclose on the
25terminal screen that the surcharge is in addition to any fee
26that may be assessed by the consumer's own institution. As used



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1in this subsection, "surcharge" means any charge imposed by the
2person operating the terminal solely for the use of the
4    (f) A receipt given at a terminal to a person who initiates
5an electronic fund transfer shall include a number or code that
6identifies the consumer initiating the transfer, the
7consumer's account or accounts, or the access device used to
8initiate the transfer. If the number or code shown on the
9receipt is a number that identifies the access device, the
10number must be truncated as printed on the receipt so that
11fewer than all of the digits of the number or code are printed
12on the receipt. The Commissioner may, however, modify or waive
13the requirements imposed by this subsection (f) if the
14Commissioner determines that the modifications or waivers are
15necessary to alleviate any undue compliance burden.
16    (g) No terminal shall operate in this State unless, with
17respect to each interchange transaction initiated at the
18terminal, the access code entered by the consumer to authorize
19the transaction is encrypted by the device into which the
20access code is manually entered by the consumer and is
21transmitted from the terminal only in encrypted form. Any
22terminal that cannot meet the foregoing encryption
23requirements shall immediately cease forwarding information
24with respect to any interchange transaction or attempted
25interchange transaction.
26    (h) No person that directly or indirectly provides data



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1processing support to any terminal in this State shall
2authorize or forward for authorization any interchange
3transaction unless the access code intended to authorize the
4interchange transaction is encrypted when received by that
5person and is encrypted when forwarded to any other person.
6    (i) A terminal operated in this State may be designed and
7programmed so that when a consumer enters his or her personal
8identification number in reverse order, the terminal
9automatically sends an alarm to the local law enforcement
10agency having jurisdiction over the terminal location. The
11Commissioner shall promulgate rules necessary for the
12implementation of this subsection (i). The provisions of this
13subsection (i) shall not be construed to require an owner or
14operator of a terminal to design and program the terminal to
15accept a personal identification number in reverse order.
16    (j) A person operating a terminal in this State may not
17impose a fee upon a consumer for usage of the terminal if the
18consumer is using a Link Card or other access device issued by
19a government agency for use in obtaining financial aid under
20the Illinois Public Aid Code.
21    No person in this State may impose a fee upon a consumer
22for usage of a terminal if the consumer is using a general use
23reloadable card issued by the Illinois State Disbursement Unit
24for the purpose of receiving his or her child support payments.
25    For the purposes purpose of this subsection (j), the term
26"person operating a terminal" means the person who has control



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1over and is responsible for a terminal. The term "person
2operating a terminal" does not mean the person who owns or
3controls the property or building in which a terminal is
4located, unless he or she also has control over and is
5responsible for the terminal.
6(Source: P.A. 98-415, eff. 8-16-13.)".