Rep. Ralph C. Capparelli
Filed: 3/30/2004
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1 | AMENDMENT TO HOUSE BILL 4652
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2 | AMENDMENT NO. ______. Amend House Bill 4652 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Electronic Fund Transfer Act is amended by | ||||||
5 | changing Section 50 as follows:
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6 | (205 ILCS 616/50)
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7 | Sec. 50. Terminal requirements.
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8 | (a) To assure maximum safety and security against
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9 | malfunction, fraud, theft, and other accidents or abuses and to | ||||||
10 | assure that all
access devices will have the capability of | ||||||
11 | activating all terminals established
in this State, no terminal | ||||||
12 | shall accept an access device
that does not conform to | ||||||
13 | specifications that are generally accepted. In the
case of a | ||||||
14 | dispute concerning the specifications, the Commissioner, in
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15 | accordance with the provisions of Section 20 of this Act, shall | ||||||
16 | have the
authority to determine the specifications.
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17 | (b) No terminal that does not accept an
access device that | ||||||
18 | conforms with those specifications shall be established or
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19 | operated.
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20 | (c) A terminal shall bear a logotype or other | ||||||
21 | identification
symbol designed to advise customers which | ||||||
22 | access devices may activate the
terminal.
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23 | (d) When used to perform an interchange transaction, a | ||||||
24 | terminal shall not
bear any form of proprietary advertising of |
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1 | products and services not offered
at the terminal; provided, | ||||||
2 | however, that a terminal screen may bear proprietary
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3 | advertising of products or services offered by a financial | ||||||
4 | institution when a
person uses an access device issued by that | ||||||
5 | financial institution.
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6 | (e) No person operating a terminal in this State shall | ||||||
7 | impose any
surcharge on a consumer for the usage of that | ||||||
8 | terminal, whether or not the
consumer is using an access device | ||||||
9 | issued by that person, unless that surcharge
is clearly | ||||||
10 | disclosed to the consumer both (i) by a sign that is clearly | ||||||
11 | visible
to the consumer on or at the terminal being used and | ||||||
12 | (ii) electronically on the
terminal screen. Following | ||||||
13 | presentation of the electronic disclosure on the
terminal | ||||||
14 | screen, the consumer shall be provided an opportunity to cancel | ||||||
15 | that
transaction without incurring any surcharge or other | ||||||
16 | obligation. If a
surcharge is imposed on a consumer using an | ||||||
17 | access device not issued by the
person operating the terminal, | ||||||
18 | that person shall disclose on the sign and on
the terminal | ||||||
19 | screen that the surcharge is in addition to any fee that may
be | ||||||
20 | assessed by the consumer's own institution. As used in this | ||||||
21 | subsection,
"surcharge" means any charge imposed by the person | ||||||
22 | operating the terminal
solely for the use of the terminal.
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23 | (f) A receipt given at a terminal to a person who initiates | ||||||
24 | an electronic
fund transfer shall include a number or code that | ||||||
25 | identifies the consumer
initiating the transfer, the | ||||||
26 | consumer's account or accounts, or the access
device used to | ||||||
27 | initiate the transfer. If the number or code shown on the
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28 | receipt is a number that identifies the access device, the | ||||||
29 | number must be
truncated as printed on the receipt so that | ||||||
30 | fewer than all of the digits of the
number or code are printed | ||||||
31 | on the receipt. The
Commissioner may, however, modify or waive | ||||||
32 | the requirements imposed by this
subsection
(f) if the | ||||||
33 | Commissioner determines that the modifications or waivers are
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34 | necessary to alleviate any undue compliance burden.
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1 | (g) No terminal shall operate in this State unless, with | ||||||
2 | respect to each
interchange transaction initiated at the | ||||||
3 | terminal, the access code entered by
the consumer to authorize | ||||||
4 | the transaction is encrypted by the device into
which the | ||||||
5 | access code is manually entered by the consumer and is | ||||||
6 | transmitted
from the terminal
only in encrypted form. Any | ||||||
7 | terminal that cannot meet the foregoing encryption
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8 | requirements shall immediately cease forwarding information | ||||||
9 | with respect to any
interchange transaction or attempted | ||||||
10 | interchange transaction.
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11 | (h) No person that directly or indirectly provides data | ||||||
12 | processing support
to
any terminal in this State shall | ||||||
13 | authorize or forward for authorization any
interchange | ||||||
14 | transaction unless the access code intended to authorize the
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15 | interchange transaction is encrypted when received by that | ||||||
16 | person and is
encrypted when forwarded to any other person.
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17 | (i) A terminal operated in this State may be designed and | ||||||
18 | programmed so
that when a consumer enters his or her personal | ||||||
19 | identification number in
reverse order, the terminal | ||||||
20 | automatically sends an alarm to the local law
enforcement | ||||||
21 | agency having jurisdiction over the terminal location. The
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22 | Commissioner
shall promulgate rules necessary for the | ||||||
23 | implementation of this subsection (i). The provisions of this | ||||||
24 | subsection (i) shall not be construed to require an owner or | ||||||
25 | operator of a terminal to design and program the terminal to | ||||||
26 | accept a personal identification number in reverse order .
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27 | (j)
(i) A person operating a terminal in this State may not | ||||||
28 | impose a
fee upon
a
consumer for usage of the terminal if the | ||||||
29 | consumer is using a Link Card or
other access device issued by | ||||||
30 | a government agency for use in obtaining
financial aid under | ||||||
31 | the Illinois Public Aid Code.
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32 | For the purpose of this subsection (j)
(i) , the term | ||||||
33 | "person
operating a
terminal" means the person who has control | ||||||
34 | over and is responsible for a
terminal. The term "person |
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1 | operating a terminal" does not mean the person who
owns or | ||||||
2 | controls the property or building in which a terminal is | ||||||
3 | located,
unless he or she also has control over and is | ||||||
4 | responsible for the terminal.
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5 | (Source: P.A. 93-136, eff. 1-1-04; 93-273, eff. 1-1-04; 93-583, | ||||||
6 | eff. 1-1-04;
revised 9-11-03.)
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7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.".
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