Full Text of SB2556 93rd General Assembly
SB2556 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2556
Introduced 2/3/2004, by Terry Link SYNOPSIS AS INTRODUCED: |
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Amends the Electronic Fund Transfer Act. Provides that no financial institution or other person shall be held liable for programming a terminal or choosing not to program a terminal to function in the manner described in this Section. Effective immediately.
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A BILL FOR
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SB2556 |
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LRB093 20583 SAS 46394 b |
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| AN ACT concerning electronic fund transfer terminals.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Electronic Fund Transfer Act is amended by | 5 |
| changing Section 50 as follows:
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| (205 ILCS 616/50)
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| Sec. 50. Terminal requirements.
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| (a) To assure maximum safety and security against
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| 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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| accordance with the provisions of Section 20 of this Act, shall | 16 |
| have the
authority to determine the specifications.
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| (b) No terminal that does not accept an
access device that | 18 |
| conforms with those specifications shall be established or
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| operated.
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| (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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| (d) When used to perform an interchange transaction, a | 24 |
| terminal shall not
bear any form of proprietary advertising of | 25 |
| products and services not offered
at the terminal; provided, | 26 |
| however, that a terminal screen may bear proprietary
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| advertising of products or services offered by a financial | 28 |
| institution when a
person uses an access device issued by that | 29 |
| financial institution.
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| (e) No person operating a terminal in this State shall | 31 |
| impose any
surcharge on a consumer for the usage of that | 32 |
| terminal, whether or not the
consumer is using an access device |
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SB2556 |
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LRB093 20583 SAS 46394 b |
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| issued by that person, unless that surcharge
is clearly | 2 |
| disclosed to the consumer both (i) by a sign that is clearly | 3 |
| visible
to the consumer on or at the terminal being used and | 4 |
| (ii) electronically on the
terminal screen. Following | 5 |
| presentation of the electronic disclosure on the
terminal | 6 |
| screen, the consumer shall be provided an opportunity to cancel | 7 |
| that
transaction without incurring any surcharge or other | 8 |
| obligation. If a
surcharge is imposed on a consumer using an | 9 |
| access device not issued by the
person operating the terminal, | 10 |
| that person shall disclose on the sign and on
the terminal | 11 |
| screen that the surcharge is in addition to any fee that may
be | 12 |
| assessed by the consumer's own institution. As used in this | 13 |
| subsection,
"surcharge" means any charge imposed by the person | 14 |
| operating the terminal
solely for the use of the terminal.
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| (f) A receipt given at a terminal to a person who initiates | 16 |
| an electronic
fund transfer shall include a number or code that | 17 |
| identifies the consumer
initiating the transfer, the | 18 |
| consumer's account or accounts, or the access
device used to | 19 |
| initiate the transfer. If the number or code shown on the
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| receipt is a number that identifies the access device, the | 21 |
| number must be
truncated as printed on the receipt so that | 22 |
| fewer than all of the digits of the
number or code are printed | 23 |
| on the receipt. The
Commissioner may, however, modify or waive | 24 |
| the requirements imposed by this
subsection
(f) if the | 25 |
| Commissioner determines that the modifications or waivers are
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| necessary to alleviate any undue compliance burden.
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| (g) No terminal shall operate in this State unless, with | 28 |
| respect to each
interchange transaction initiated at the | 29 |
| terminal, the access code entered by
the consumer to authorize | 30 |
| the transaction is encrypted by the device into
which the | 31 |
| access code is manually entered by the consumer and is | 32 |
| transmitted
from the terminal
only in encrypted form. Any | 33 |
| terminal that cannot meet the foregoing encryption
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| requirements shall immediately cease forwarding information | 35 |
| with respect to any
interchange transaction or attempted | 36 |
| interchange transaction.
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SB2556 |
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LRB093 20583 SAS 46394 b |
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| (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
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| interchange transaction is encrypted when received by that | 6 |
| person and is
encrypted when forwarded to any other person.
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| (i) A terminal operated in this State may be designed and | 8 |
| programmed so
that when a consumer enters his or her personal | 9 |
| identification number in
reverse order, the terminal | 10 |
| automatically sends an alarm to the local law
enforcement | 11 |
| agency having jurisdiction over the terminal location. The
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| Commissioner
shall promulgate rules necessary for the | 13 |
| implementation of this subsection. No financial institution or | 14 |
| other person shall be held liable for programming a terminal or | 15 |
| choosing not to program a terminal to function in the manner | 16 |
| described in subsection (i).
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| (j)
(i) A person operating a terminal in this State may not | 18 |
| impose a
fee upon
a
consumer for usage of the terminal if the | 19 |
| consumer is using a Link Card or
other access device issued by | 20 |
| a government agency for use in obtaining
financial aid under | 21 |
| the Illinois Public Aid Code.
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| For the purpose of this subsection (j)
(i) , the term | 23 |
| "person
operating a
terminal" means the person who has control | 24 |
| over and is responsible for a
terminal. The term "person | 25 |
| operating a terminal" does not mean the person who
owns or | 26 |
| controls the property or building in which a terminal is | 27 |
| located,
unless he or she also has control over and is | 28 |
| responsible for the terminal.
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| (Source: P.A. 93-136, eff. 1-1-04; 93-273, eff. 1-1-04; 93-583, | 30 |
| eff. 1-1-04;
revised 9-11-03.)
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| Section 99. Effective date. This Act takes effect upon | 32 |
| becoming law.
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