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| 1 | | AN ACT concerning regulation.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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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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| 17 | | (b) No terminal that does not accept an
access device that |
| 18 | | conforms with those specifications shall be established or
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| 19 | | operated.
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| 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.
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| 23 | | (d) When used to perform an interchange transaction, a |
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| 1 | | terminal shall not
bear any form of proprietary advertising of |
| 2 | | products and services not offered
at the terminal; provided, |
| 3 | | however, that a terminal screen may bear proprietary
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| 4 | | advertising of products or services offered by a financial |
| 5 | | institution when a
person uses an access device issued by that |
| 6 | | financial institution.
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| 7 | | (e) No person operating a terminal in this State shall |
| 8 | | impose any
surcharge on a consumer for the usage of that |
| 9 | | terminal, whether or not the
consumer is using an access device |
| 10 | | issued by that person, unless that surcharge
is clearly |
| 11 | | disclosed to the consumer both (i) by a sign that is clearly |
| 12 | | visible
to the consumer on or at the terminal being used and |
| 13 | | (ii) electronically on the
terminal screen. Following |
| 14 | | presentation of the electronic disclosure on the
terminal |
| 15 | | screen, the consumer shall be provided an opportunity to cancel |
| 16 | | that
transaction without incurring any surcharge or other |
| 17 | | obligation. If a
surcharge is imposed on a consumer using an |
| 18 | | access device not issued by the
person operating the terminal, |
| 19 | | that person shall disclose on the sign and on
the terminal |
| 20 | | screen that the surcharge is in addition to any fee that may
be |
| 21 | | assessed by the consumer's own institution. As used in this |
| 22 | | subsection,
"surcharge" means any charge imposed by the person |
| 23 | | operating the terminal
solely for the use of the terminal.
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| 24 | | (f) A receipt given at a terminal to a person who initiates |
| 25 | | an electronic
fund transfer shall include a number or code that |
| 26 | | identifies the consumer
initiating the transfer, the |
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| 1 | | consumer's account or accounts, or the access
device used to |
| 2 | | initiate the transfer. If the number or code shown on the
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| 3 | | receipt is a number that identifies the access device, the |
| 4 | | number must be
truncated as printed on the receipt so that |
| 5 | | fewer than all of the digits of the
number or code are printed |
| 6 | | on the receipt. The
Commissioner may, however, modify or waive |
| 7 | | the requirements imposed by this
subsection
(f) if the |
| 8 | | Commissioner determines that the modifications or waivers are
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| 9 | | necessary to alleviate any undue compliance burden.
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| 10 | | (g) No terminal shall operate in this State unless, with |
| 11 | | respect to each
interchange transaction initiated at the |
| 12 | | terminal, the access code entered by
the consumer to authorize |
| 13 | | the transaction is encrypted by the device into
which the |
| 14 | | access code is manually entered by the consumer and is |
| 15 | | transmitted
from the terminal
only in encrypted form. Any |
| 16 | | terminal that cannot meet the foregoing encryption
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| 17 | | requirements shall immediately cease forwarding information |
| 18 | | with respect to any
interchange transaction or attempted |
| 19 | | interchange transaction.
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| 20 | | (h) No person that directly or indirectly provides data |
| 21 | | processing support
to
any terminal in this State shall |
| 22 | | authorize or forward for authorization any
interchange |
| 23 | | transaction unless the access code intended to authorize the
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| 24 | | interchange transaction is encrypted when received by that |
| 25 | | person and is
encrypted when forwarded to any other person.
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| 26 | | (i) A terminal operated in this State may be designed and |
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| 1 | | programmed so
that when a consumer enters his or her personal |
| 2 | | identification number in
reverse order, the terminal |
| 3 | | automatically sends an alarm to the local law
enforcement |
| 4 | | agency having jurisdiction over the terminal location. The
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| 5 | | Commissioner
shall promulgate rules necessary for the |
| 6 | | implementation of this subsection (i). The provisions of this |
| 7 | | subsection (i) shall not be construed to require an owner or |
| 8 | | operator of a terminal to design and program the terminal to |
| 9 | | accept a personal identification number in reverse order.
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| 10 | | (j) A person operating a terminal in this State may not |
| 11 | | impose a
fee upon
a
consumer for usage of the terminal if the |
| 12 | | consumer is using a Link Card or
other access device issued by |
| 13 | | a government agency for use in obtaining
financial aid under |
| 14 | | the Illinois Public Aid Code.
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| 15 | | For the purpose of this subsection (j), the term "person
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| 16 | | operating a
terminal" means the person who has control over and |
| 17 | | is responsible for a
terminal. The term "person operating a |
| 18 | | terminal" does not mean the person who
owns or controls the |
| 19 | | property or building in which a terminal is located,
unless he |
| 20 | | or she also has control over and is responsible for the |
| 21 | | terminal.
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| 22 | | (Source: P.A. 93-136, eff. 1-1-04; 93-273, eff. 1-1-04; 93-583, |
| 23 | | eff. 1-1-04; 93-898, eff. 8-10-04.)
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| 24 | | Section 99. Effective date. This Act takes effect upon |
| 25 | | becoming law.
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