State of Illinois
92nd General Assembly

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 1        AN ACT concerning electronic fund transfer terminals.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Electronic Fund Transfer Act is amended
 5    by changing Section 50 as follows:

 6        (205 ILCS 616/50)
 7        Sec. 50. Terminal requirements.
 8        (a)  To  assure  maximum  safety  and  security   against
 9    malfunction,  fraud, theft, and other accidents or abuses and
10    to assure that all access devices will have the capability of
11    activating  all  terminals  established  in  this  State,  no
12    terminal shall accept an access device that does not  conform
13    to  specifications  that are generally accepted.  In the case
14    of a dispute concerning the specifications, the Commissioner,
15    in accordance with the provisions of Section 20 of this  Act,
16    shall have the authority to determine the specifications.
17        (b)  No  terminal  that  does not accept an access device
18    that conforms with those specifications shall be  established
19    or operated.
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.
23        (d)  When  used  to perform an interchange transaction, a
24    terminal shall not bear any form of  proprietary  advertising
25    of  products  and  services  not  offered  at  the  terminal;
26    provided,   however,   that   a   terminal  screen  may  bear
27    proprietary advertising of products or services offered by  a
28    financial  institution  when  a  person uses an access device
29    issued by that financial institution.
30        (e)  No person operating a terminal in this  State  shall
31    impose  any  surcharge  on  a  consumer for the usage of that
                            -2-                LRB9215982JSpc
 1    terminal, whether or not the  consumer  is  using  an  access
 2    device  issued  by  that  person,  unless  that  surcharge is
 3    clearly disclosed to the consumer both (i) by a sign that  is
 4    clearly  visible  to the consumer on or at the terminal being
 5    used  and  (ii)  electronically  on  the   terminal   screen.
 6    Following  presentation  of  the electronic disclosure on the
 7    terminal  screen,  the  consumer   shall   be   provided   an
 8    opportunity  to cancel that transaction without incurring any
 9    surcharge or other obligation.  If a surcharge is imposed  on
10    a  consumer  using  an access device not issued by the person
11    operating the terminal, that person  shall  disclose  on  the
12    sign  and  on  the  terminal  screen that the surcharge is in
13    addition to any fee that may be assessed  by  the  consumer's
14    own  institution.   As  used  in this subsection, "surcharge"
15    means any charge imposed by the person operating the terminal
16    solely for the use of the terminal.  This subsection does not
17    apply to a point-of-sale purchase transaction at a terminal.
18        (f)  A receipt given  at  a  terminal  to  a  person  who
19    initiates  an electronic fund transfer shall include a number
20    or code that identifies the consumer initiating the transfer,
21    the consumer's account or accounts, or the access device used
22    to initiate the transfer.  If the number or code shown on the
23    receipt is a number that identifies the  access  device,  the
24    number  must  be  truncated as printed on the receipt so that
25    fewer than all of the  digits  of  the  number  or  code  are
26    printed  on  the  receipt.   The  Commissioner  may, however,
27    modify or waive the requirements imposed by  this  subsection
28    (f)  if the Commissioner determines that the modifications or
29    waivers are  necessary  to  alleviate  any  undue  compliance
30    burden.
31        (g)  No terminal shall operate in this State unless, with
32    respect  to  each  interchange  transaction  initiated at the
33    terminal,  the  access  code  entered  by  the  consumer   to
34    authorize  the  transaction  is  encrypted by the device into
                            -3-                LRB9215982JSpc
 1    which the access code is manually entered by the consumer and
 2    is transmitted from the terminal only in encrypted form.  Any
 3    terminal  that   cannot   meet   the   foregoing   encryption
 4    requirements  shall  immediately cease forwarding information
 5    with respect to  any  interchange  transaction  or  attempted
 6    interchange transaction.
 7        (h)  No  person that directly or indirectly provides data
 8    processing support  to  any  terminal  in  this  State  shall
 9    authorize   or  forward  for  authorization  any  interchange
10    transaction unless the access code intended to authorize  the
11    interchange  transaction  is  encrypted when received by that
12    person and is encrypted when forwarded to any other person.
13        (i)  A terminal operated in this State must  be  designed
14    and  programmed  so  that  when  a consumer enters his or her
15    personal identification number in reverse order, the terminal
16    automatically sends an alarm to  the  local  law  enforcement
17    agency  having  jurisdiction  over the terminal location. The
18    Commissioner  shall  promulgate  rules  necessary   for   the
19    implementation of this subsection.
20    (Source: P.A. 89-310, eff. 1-1-96; 90-189, eff. 1-1-98.)

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