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Sen. Dan Kotowski
Filed: 3/5/2014
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1 | | AMENDMENT TO SENATE BILL 640
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2 | | AMENDMENT NO. ______. Amend Senate Bill 640 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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1 | | (b) No terminal that does not accept an
access device that |
2 | | conforms with those specifications shall be established or
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3 | | operated.
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4 | | (c) A terminal shall bear a logotype or other |
5 | | identification
symbol designed to advise customers which |
6 | | access devices may activate the
terminal.
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7 | | (d) When used to perform an interchange transaction, a |
8 | | terminal shall not
bear any form of proprietary advertising of |
9 | | products and services not offered
at the terminal; provided, |
10 | | however, that a terminal screen may bear proprietary
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11 | | advertising of products or services offered by a financial |
12 | | institution when a
person uses an access device issued by that |
13 | | financial institution.
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14 | | (e) No person operating a terminal in this State shall |
15 | | impose any
surcharge on a consumer for the usage of that |
16 | | terminal, whether or not the
consumer is using an access device |
17 | | issued by that person, unless that surcharge
is clearly |
18 | | disclosed to the consumer electronically on the
terminal |
19 | | screen. Following presentation of the electronic disclosure on |
20 | | the
terminal screen, the consumer shall be provided an |
21 | | opportunity to cancel that
transaction without incurring any |
22 | | surcharge or other obligation. If a
surcharge is imposed on a |
23 | | consumer using an access device not issued by the
person |
24 | | operating the terminal, that person shall disclose on
the |
25 | | terminal screen that the surcharge is in addition to any fee |
26 | | that may
be assessed by the consumer's own institution. As used |
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1 | | in this subsection,
"surcharge" means any charge imposed by the |
2 | | person operating the terminal
solely for the use of the |
3 | | terminal.
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4 | | (f) A receipt given at a terminal to a person who initiates |
5 | | an electronic
fund transfer shall include a number or code that |
6 | | identifies the consumer
initiating the transfer, the |
7 | | consumer's account or accounts, or the access
device used to |
8 | | initiate the transfer. If the number or code shown on the
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9 | | receipt is a number that identifies the access device, the |
10 | | number must be
truncated as printed on the receipt so that |
11 | | fewer than all of the digits of the
number or code are printed |
12 | | on the receipt. The
Commissioner may, however, modify or waive |
13 | | the requirements imposed by this
subsection
(f) if the |
14 | | Commissioner determines that the modifications or waivers are
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15 | | necessary to alleviate any undue compliance burden.
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16 | | (g) No terminal shall operate in this State unless, with |
17 | | respect to each
interchange transaction initiated at the |
18 | | terminal, the access code entered by
the consumer to authorize |
19 | | the transaction is encrypted by the device into
which the |
20 | | access code is manually entered by the consumer and is |
21 | | transmitted
from the terminal
only in encrypted form. Any |
22 | | terminal that cannot meet the foregoing encryption
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23 | | requirements shall immediately cease forwarding information |
24 | | with respect to any
interchange transaction or attempted |
25 | | interchange transaction.
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26 | | (h) No person that directly or indirectly provides data |
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1 | | processing support
to
any terminal in this State shall |
2 | | authorize or forward for authorization any
interchange |
3 | | transaction unless the access code intended to authorize the
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4 | | interchange transaction is encrypted when received by that |
5 | | person and is
encrypted when forwarded to any other person.
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6 | | (i) A terminal operated in this State may be designed and |
7 | | programmed so
that when a consumer enters his or her personal |
8 | | identification number in
reverse order, the terminal |
9 | | automatically sends an alarm to the local law
enforcement |
10 | | agency having jurisdiction over the terminal location. The
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11 | | Commissioner
shall promulgate rules necessary for the |
12 | | implementation of this subsection (i). The provisions of this |
13 | | subsection (i) shall not be construed to require an owner or |
14 | | operator of a terminal to design and program the terminal to |
15 | | accept a personal identification number in reverse order.
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16 | | (j) A person operating a terminal in this State may not |
17 | | impose a
fee upon
a
consumer for usage of the terminal if the |
18 | | consumer is using a Link Card or
other access device issued by |
19 | | a government agency for use in obtaining
financial aid under |
20 | | the Illinois Public Aid Code.
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21 | | A person operating a terminal in this State may not impose |
22 | | a fee upon a consumer for usage of the terminal if the consumer |
23 | | is using an EPPICard issued by the Illinois State Disbursement |
24 | | Unit for the purpose of receiving his or her child support |
25 | | payments. |
26 | | For the purposes purpose of this subsection (j), the term |
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1 | | "person
operating a
terminal" means the person who has control |
2 | | over and is responsible for a
terminal. The term "person |
3 | | operating a terminal" does not mean the person who
owns or |
4 | | controls the property or building in which a terminal is |
5 | | located,
unless he or she also has control over and is |
6 | | responsible for the terminal.
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7 | | (Source: P.A. 98-415, eff. 8-16-13.)".
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