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Public Act 093-0898
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| HB4652 Enrolled |
LRB093 20582 SAS 46393 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 |
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 |
assure that all
access devices will have the capability of |
activating all terminals established
in this State, no terminal |
shall accept an access device
that does not conform to |
specifications that are generally accepted. In the
case of a |
dispute concerning the specifications, the Commissioner, in
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accordance with the provisions of Section 20 of this Act, shall |
have the
authority to determine the specifications.
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(b) No terminal that does not accept an
access device that |
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 |
identification
symbol designed to advise customers which |
access devices may activate the
terminal.
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(d) When used to perform an interchange transaction, a |
terminal shall not
bear any form of proprietary advertising of |
products and services not offered
at the terminal; provided, |
however, that a terminal screen may bear proprietary
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advertising of products or services offered by a financial |
institution when a
person uses an access device issued by that |
financial institution.
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(e) No person operating a terminal in this State shall |
impose any
surcharge on a consumer for the usage of that |
terminal, whether or not the
consumer is using an access device |
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issued by that person, unless that surcharge
is clearly |
disclosed to the consumer both (i) by a sign that is clearly |
visible
to the consumer on or at the terminal being used and |
(ii) electronically on the
terminal screen. Following |
presentation of the electronic disclosure on the
terminal |
screen, the consumer shall be provided an opportunity to cancel |
that
transaction without incurring any surcharge or other |
obligation. If a
surcharge is imposed on a consumer using an |
access device not issued by the
person operating the terminal, |
that person shall disclose on the sign and on
the terminal |
screen that the surcharge is in addition to any fee that may
be |
assessed by the consumer's own institution. As used in this |
subsection,
"surcharge" means any charge imposed by the person |
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 |
an electronic
fund transfer shall include a number or code that |
identifies the consumer
initiating the transfer, the |
consumer's account or accounts, or the access
device used to |
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 |
number must be
truncated as printed on the receipt so that |
fewer than all of the digits of the
number or code are printed |
on the receipt. The
Commissioner may, however, modify or waive |
the requirements imposed by this
subsection
(f) if the |
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 |
respect to each
interchange transaction initiated at the |
terminal, the access code entered by
the consumer to authorize |
the transaction is encrypted by the device into
which the |
access code is manually entered by the consumer and is |
transmitted
from the terminal
only in encrypted form. Any |
terminal that cannot meet the foregoing encryption
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requirements shall immediately cease forwarding information |
with respect to any
interchange transaction or attempted |
interchange transaction.
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(h) No person that directly or indirectly provides data |
processing support
to
any terminal in this State shall |
authorize or forward for authorization any
interchange |
transaction unless the access code intended to authorize the
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interchange transaction is encrypted when received by that |
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 |
programmed so
that when a consumer enters his or her personal |
identification number in
reverse order, the terminal |
automatically sends an alarm to the local law
enforcement |
agency having jurisdiction over the terminal location. The
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Commissioner
shall promulgate rules necessary for the |
implementation of this subsection (i). The provisions of this |
subsection (i) shall not be construed to require an owner or |
operator of a terminal to design and program the terminal to |
accept a personal identification number in reverse order.
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(j)
(i) A person operating a terminal in this State may not |
impose a
fee upon
a
consumer for usage of the terminal if the |
consumer is using a Link Card or
other access device issued by |
a government agency for use in obtaining
financial aid under |
the Illinois Public Aid Code.
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For the purpose of this subsection (j)
(i), the term |
"person
operating a
terminal" means the person who has control |
over and is responsible for a
terminal. The term "person |
operating a terminal" does not mean the person who
owns or |
controls the property or building in which a terminal is |
located,
unless he or she also has control over and is |
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, |
eff. 1-1-04;
revised 9-11-03.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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