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
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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
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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
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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
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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
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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.
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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
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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
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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
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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.".