Public Act 90-0189 of the 90th General Assembly
Public Act 90-0189
HB0271 Enrolled LRB9000621DJcd
AN ACT concerning financial transactions, amending named
Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Electronic Fund Transfer Act is amended
by changing Sections 30 and 50 as follows:
(205 ILCS 616/30)
Sec. 30. Acceptance of deposits.
(A) No terminal that accepts deposits of funds to an
account may be established or owned in this State except by
(a) a bank established under the laws of this or any other
state or established under the laws of the United States that
(1) is authorized by law to establish a branch in this State
or (2) is permitted by rule of the Commissioner to establish
deposit-taking terminals in this State in order to maintain
parity between national banks and banks established under the
laws of this or any other state, (b) a savings and loan
association or savings bank established under the laws of
this or any other state or established under the laws of the
United States, (c) a credit union established under the laws
of this or any other state or established under the laws of
the United States, or (d) a licensee under the Consumer
Installment Loan Act or the Sales Finance Agency Act.
(B) A person other than a financial institution or an
affiliate of a financial institution may establish or own, in
whole or in part, a cash-dispensing terminal at which an
interchange transaction may be performed, provided that the
terminal does not accept deposits of funds to an account, and
provided that the person establishing or owning the terminal
shall file a notice of establishment or ownership of a
terminal with the Commissioner, in the form prescribed by the
Commissioner, within 60 days after the later of (a) the
effective day of this amendatory Act of 1997 or (b) the
establishment of or acquisition of an ownership interest in
the terminal. Persons who own a terminal pursuant to this
subsection (B) shall thereafter file with the Commissioner a
full and accurate statement of information of ownership, in
the form prescribed by the Commissioner, once per calendar
year. A person who has established or owns a terminal
pursuant to this subsection (B) shall not be required to file
subsequent notices of establishment or ownership of a
terminal when establishing or acquiring an ownership interest
in additional terminals provided the person includes the
information required by the Commissioner for those terminals
in the person's annual filing pursuant to this subsection
(B). The Commissioner or examiners appointed by the
Commissioner shall have the authority to examine any person
that has established or owns a terminal in this State
pursuant to this subsection (B) if the Commissioner has
received multiple complaints regarding one or more terminals
owned by the person, and in the event of such an examination,
the person shall pay the reasonable costs and expenses of the
examination as determined by the Commissioner. The
Commissioner may impose civil penalties of up to $1,000
against any person subject to this subsection (B) for the
first failure to comply with this Act and up to $10,000 for
the second and each subsequent failure to comply with this
Act. All moneys received by the Commissioner under this
subsection (B) shall be paid into, and all expenses incurred
by the Commissioner under this subsection (B) shall be paid
from, the Bank and Trust Company Fund.
(C) A network operating in this State shall maintain a
directory of the locations of cash-dispensing terminals at
which an interchange transaction may be performed that are
established or owned in this State by its members and shall
file the directory with the Commissioner within 60 days after
the effective date of this amendatory Act of 1997 and
thereafter once per calendar year.
(Source: P.A. 89-310, eff. 1-1-96.)
(205 ILCS 616/50)
Sec. 50. Terminal requirements.
(a) To assure maximum safety and security against
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 accordance with the provisions of Section 20 of this Act,
shall have the authority to determine the specifications.
(b) No terminal that does not accept an access device
that conforms with those specifications shall be established
or operated.
(c) A terminal shall bear a logotype or other
identification symbol designed to advise customers which
access devices may activate the terminal.
(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 advertising of products or services offered by a
financial institution when a person uses an access device
issued by that financial institution.
(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 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. This subsection does not
apply to a point-of-sale purchase transaction at a terminal.
(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
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 necessary to alleviate any undue compliance
burden.
(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
requirements shall immediately cease forwarding information
with respect to any interchange transaction or attempted
interchange transaction.
(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
interchange transaction is encrypted when received by that
person and is encrypted when forwarded to any other person.
(Source: P.A. 89-310, eff. 1-1-96.)
Section 10. The Illinois Credit Card and Debit Card Act
is amended by changing Sections 3, 4, 5, 6, 7, 8, and 12 as
follows:
(720 ILCS 250/3) (from Ch. 17, par. 5916)
Sec. 3. A person who makes or causes to be made, either
directly or indirectly, any false statement in writing,
knowing it to be false and with intent that it be relied on,
respecting his identity, his address or his employment, or
that of any other person, firm or corporation, for the
purpose of procuring the issuance of a credit card or debit
card, is guilty of a Class 4 felony A misdemeanor.
(Source: P.A. 84-486.)
(720 ILCS 250/4) (from Ch. 17, par. 5917)
Sec. 4. A person who receives a credit card or debit card
from the person, possession, custody or control of another
without the cardholder's consent or who, with knowledge that
it has been so acquired receives the credit card or debit
card, with intent to use it or to sell it, or to transfer it
to a person other than the issuer or the cardholder is guilty
of a Class 4 felony A misdemeanor. A person who has in his
possession or under his control 2 or more such credit cards
or debit cards each issued to different cardholders other
than himself is presumed to have violated this Section.
A person who, in any 12-month period, violates this
Section with respect to 3 or more credit cards or debit cards
each issued to different cardholders other than himself is
guilty of a Class 3 4 felony.
(Source: P.A. 84-486.)
(720 ILCS 250/5) (from Ch. 17, par. 5918)
Sec. 5. A person who receives a credit card or debit card
that he knows to have been lost or mislaid and who retains
possession with intent to use it or to sell it or to transfer
it to a person other than the issuer or the cardholder is
guilty of a Class 4 felony B misdemeanor.
A person who, in a single transaction, violates this
Section with respect to 3 or more credit cards or debit cards
each issued to different cardholders other than himself is
guilty of a Class 3 felony A misdemeanor.
(Source: P.A. 84-486.)
(720 ILCS 250/6) (from Ch. 17, par. 5919)
Sec. 6. A person other than the issuer who sells a credit
card or debit card, without the consent of the issuer, is
guilty of a Class 4 felony A misdemeanor.
A person who purchases a credit card or debit card from a
person other than the issuer, without the consent of the
issuer, is guilty of a Class 4 felony A misdemeanor.
A person who, in a single transaction, makes a sale or
purchase prohibited by this Section with respect to 3 or more
credit cards or debit cards each issued to different
cardholders is guilty of a Class 3 4 felony.
(Source: P.A. 84-486.)
(720 ILCS 250/7) (from Ch. 17, par. 5920)
Sec. 7. A person who, with intent to defraud either the
issuer, or a person providing money, goods, property,
services or anything else of value, or any other person,
obtains control over a credit card or debit card as security
for debt or transfers, conveys or gives control over a credit
card or debit card as security for debt, is guilty of a Class
4 felony A misdemeanor.
(Source: P.A. 84-486.)
(720 ILCS 250/8) (from Ch. 17, par. 5921)
Sec. 8. A person who, with intent to defraud either the
issuer, or a person providing money, goods, property,
services or anything else of value, or any other person, (i)
uses, for the purpose of obtaining money, goods, property,
services or anything else of value a credit card or debit
card obtained or retained in violation of this Act or without
the cardholder's consent, or a credit card or debit card
which he knows is counterfeited, or forged, or expired, or
revoked, or (ii) obtains or attempts to obtain money, goods,
property, services or anything else of value by representing
without the consent of the cardholder that he is the holder
of a specified card or by representing that he is the holder
of a card and such card has not in fact been issued, is
guilty of a Class 4 felony A misdemeanor if the value of all
money, goods, property, services and other things of value
obtained or sought in violation of this Section does not
exceed $300 in any 6-month period; and is guilty of a Class 3
4 felony if such value exceeds $300 in any 6-month period.
Knowledge of revocation shall be presumed to have been
received by a cardholder 4 days after it has been mailed to
him at the address set forth on the credit card or debit card
or at his last known address by registered or certified mail,
return receipt requested, and, if the address is more than
500 miles from the place of mailing, by air mail. If the
address is located outside the United States, Puerto Rico,
the Virgin Islands, the Canal Zone and Canada, notice shall
be presumed to have been received 10 days after mailing by
registered or certified mail.
(Source: P.A. 84-486.)
(720 ILCS 250/12) (from Ch. 17, par. 5925)
Sec. 12. A person who, with intent to defraud either an
issuer, or a person providing money, goods, property,
services or anything else of value, or any other person,
utilizes an account number or code or enters information on a
record of charge form for the purpose of obtaining money,
goods, property, services or anything else of value is guilty
of a Class 4 felony A misdemeanor if the value of the money,
goods, property, services and other things of value obtained
does not exceed $150 in any 6-month period; and is guilty of
a Class 3 4 felony if such value exceeds $150 in any 6-month
period.
A person who, with intent to defraud either an issuer or
a person providing money, goods, property, services or
anything else of value, or any other person, possesses,
without the consent of the issuer or purported issuer, record
of charge forms bearing the printed impression of a credit
card or debit card, is guilty of a Class 4 felony A
misdemeanor. Possession of such record of charge forms by a
person other than the issuer or a person authorized by the
issuer to possess record of charge forms is prima facie
evidence of the intent to defraud.
(Source: P.A. 84-486.)