90th General Assembly
Summary of HB0271
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House Sponsors:

Senate Sponsors:

Short description: 
ELEC FUND TRANSFR-CREDIT CARDS                                             

Synopsis of Bill as introduced:
        Amends the Electronic Fund Transfer Act.  Requires that terminals      
   display a notice of charges and a notice reminding users to take their      
   receipt and to protect their personal identification number;  requires      
   that  receipts given at terminals partially obscure the user's account      
   number that is printed on the receipt. Amends the Illinois Credit Card      
   and Debit Card Act.  With  respect  to  certain  offenses  (including:      
   making  a false written statement for the purpose of procuring a card;      
   receiving another person's card with intent  to  use  it  without  the      
   cardholder's  consent; and other offenses), increases the penalty from      
   a Class A or B misdemeanor to  a  Class  4  felony.   When  a  greater      
   penalty  is  provided  for  an  offense  (for example, for committing,      
   within a 12-month period, an offense with respect to 3 or  more  cards      
   each  issued  to  different  cardholders  other  than  the  offender),      
   increases  the  greater  penalty from a Class A misdemeanor or Class 4      
   felony to a Class 3 felony.                                                 
        HOUSE AMENDMENT NO. 1.                                                 
          Adds reference to:                                                   
          205 ILCS 616/52 new                                                  
        Replaces amendatory changes to the Electronic Fund Transfer  Act.      
   Provides  that no person operating a terminal shall impose a surcharge      
   on a consumer for the use of that terminal  unless  the  surcharge  is      
   disclosed to the consumer.  Provides for inclusion of a number or code      
   to  identify  the consumer on a receipt given at a terminal.  Requires      
   encrypting of access code entered by  a  consumer.   Requires  persons      
   other  than financial institutions that own a terminal to file certain      
   financial and other information with the  Commissioner  of  Banks  and      
   Real Estate.                                                                
          FISCAL NOTE, AMENDED (Dept. of Corrections)                          
          The fiscal impact for HB 271 is $14,594,800                          
          CORRECTIONAL NOTE, AMENDED                                           
          No change from DOC fiscal note.                                      
          JUDICIAL NOTE, H-AM 1                                                
          HB271 will not increase the need for the number of judges in         
          the State.                                                           
          STATE DEBT IMPACT, H-am 1                                            
          HB 271, as introduced would not impact the level of State            
          debtedness.  House Amendment 1, would not change the impact.         
        HOUSE AMENDMENT NO. 2.                                                 
          Adds reference to:                                                   
          205 ILCS 616/52 new                                                  
        Replaces  provisions  concerning  terminal  owners   other   than      
   financial  institutions with similar provisions except as follows: (1)      
   also applies to a person  other  than  an  affiliate  of  a  financial      
   institution;   (2)   deletes  requirement  for  filing  statements  of      
   financial condition; (3) authorizes assessment of expenses against the      
   person owning the terminal; (4) requires payment  of  moneys  received      
   into the Bank and Trust Company Fund and payment of expenses from that      
   fund;  and (5) gives the Commissioner of Banks and Real Estate certain      
   powers granted under the Illinois Banking Act.                              
          FISCAL NOTE, H-AM 2 (Dpt. Financial Institutions)                    
          There would be no fiscal impact on this Department.                  
          STATE MANDATES FISCAL NOTE, H-AM 1                                   
          In the opinion of DCCA, HB271, with H-am 1, fails to create a        
          State mandate.                                                       
        HOUSE AMENDMENT NO. 3.                                                 
          Deletes reference to:                                                
          205 ILCS 616/52 new                                                  
          Adds reference to:                                                   
          205 ILCS 616/30                                                      
        Amends the Electronic Fund  Transfer  Act.   Replaces  provisions      
   concerning   terminal   owners   other  than  financial  institutions.      
   Authorizes a person other than a financial institution or affiliate of      
   a financial  institution    to  establish  or  own  a  cash-dispensing      
   terminal  at  which  an  interchange  transaction  may  be  performed,      
   provided  that  the  terminal  does not accept deposits of funds to an      
   account.  Requires that a statement of establishment or  ownership  be      
   filed  with  the  Commissioner of Banks and Real Estate.  Provides for      
   civil penalties for failure to comply.  Requires a  network  operating      
   in  this  State  to  maintain  a directory of cash-dispensing terminal      
   locations and to file the directory with the Commissioner.                  
Last action on Bill: PUBLIC ACT.............................. 90-0189

   Last action date: 97-07-24

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   3     SENATE -   0


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