State of Illinois
2013 and 2014


Introduced 1/18/2013, by Rep. Lou Lang


205 ILCS 616/50

    Amends the Electronic Fund Transfer Act. Removes the requirement for a person operating a terminal to disclose surcharges for usage of the terminal by a sign on the terminal. Effective immediately.

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1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Electronic Fund Transfer Act is amended by
5changing Section 50 as follows:
6    (205 ILCS 616/50)
7    Sec. 50. Terminal requirements.
8    (a) To assure maximum safety and security against
9malfunction, fraud, theft, and other accidents or abuses and to
10assure that all access devices will have the capability of
11activating all terminals established in this State, no terminal
12shall accept an access device that does not conform to
13specifications that are generally accepted. In the case of a
14dispute concerning the specifications, the Commissioner, in
15accordance with the provisions of Section 20 of this Act, shall
16have the authority to determine the specifications.
17    (b) No terminal that does not accept an access device that
18conforms with those specifications shall be established or
20    (c) A terminal shall bear a logotype or other
21identification symbol designed to advise customers which
22access devices may activate the terminal.
23    (d) When used to perform an interchange transaction, a



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1terminal shall not bear any form of proprietary advertising of
2products and services not offered at the terminal; provided,
3however, that a terminal screen may bear proprietary
4advertising of products or services offered by a financial
5institution when a person uses an access device issued by that
6financial institution.
7    (e) No person operating a terminal in this State shall
8impose any surcharge on a consumer for the usage of that
9terminal, whether or not the consumer is using an access device
10issued by that person, unless that surcharge is clearly
11disclosed to the consumer both (i) by a sign that is clearly
12visible to the consumer on or at the terminal being used and
13(ii) electronically on the terminal screen. Following
14presentation of the electronic disclosure on the terminal
15screen, the consumer shall be provided an opportunity to cancel
16that transaction without incurring any surcharge or other
17obligation. If a surcharge is imposed on a consumer using an
18access device not issued by the person operating the terminal,
19that person shall disclose on the sign and on the terminal
20screen that the surcharge is in addition to any fee that may be
21assessed by the consumer's own institution. As used in this
22subsection, "surcharge" means any charge imposed by the person
23operating the terminal solely for the use of the terminal.
24    (f) A receipt given at a terminal to a person who initiates
25an electronic fund transfer shall include a number or code that
26identifies the consumer initiating the transfer, the



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1consumer's account or accounts, or the access device used to
2initiate the transfer. If the number or code shown on the
3receipt is a number that identifies the access device, the
4number must be truncated as printed on the receipt so that
5fewer than all of the digits of the number or code are printed
6on the receipt. The Commissioner may, however, modify or waive
7the requirements imposed by this subsection (f) if the
8Commissioner determines that the modifications or waivers are
9necessary to alleviate any undue compliance burden.
10    (g) No terminal shall operate in this State unless, with
11respect to each interchange transaction initiated at the
12terminal, the access code entered by the consumer to authorize
13the transaction is encrypted by the device into which the
14access code is manually entered by the consumer and is
15transmitted from the terminal only in encrypted form. Any
16terminal that cannot meet the foregoing encryption
17requirements shall immediately cease forwarding information
18with respect to any interchange transaction or attempted
19interchange transaction.
20    (h) No person that directly or indirectly provides data
21processing support to any terminal in this State shall
22authorize or forward for authorization any interchange
23transaction unless the access code intended to authorize the
24interchange transaction is encrypted when received by that
25person and is encrypted when forwarded to any other person.
26    (i) A terminal operated in this State may be designed and



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1programmed so that when a consumer enters his or her personal
2identification number in reverse order, the terminal
3automatically sends an alarm to the local law enforcement
4agency having jurisdiction over the terminal location. The
5Commissioner shall promulgate rules necessary for the
6implementation of this subsection (i). The provisions of this
7subsection (i) shall not be construed to require an owner or
8operator of a terminal to design and program the terminal to
9accept a personal identification number in reverse order.
10    (j) A person operating a terminal in this State may not
11impose a fee upon a consumer for usage of the terminal if the
12consumer is using a Link Card or other access device issued by
13a government agency for use in obtaining financial aid under
14the Illinois Public Aid Code.
15    For the purpose of this subsection (j), the term "person
16operating a terminal" means the person who has control over and
17is responsible for a terminal. The term "person operating a
18terminal" does not mean the person who owns or controls the
19property or building in which a terminal is located, unless he
20or she also has control over and is responsible for the
22(Source: P.A. 93-136, eff. 1-1-04; 93-273, eff. 1-1-04; 93-583,
23eff. 1-1-04; 93-898, eff. 8-10-04.)
24    Section 99. Effective date. This Act takes effect upon
25becoming law.