Public Act 098-0415
 
HB2432 EnrolledLRB098 09008 MGM 39143 b


  
    AN ACT concerning regulation.
  
 
    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 Section 50 as follows:
 



    (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.

    (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.

    (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

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.


    (j) 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.

    For the purpose of this subsection (j), 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.

(Source: P.A. 93-136, eff. 1-1-04; 93-273, eff. 1-1-04; 93-583, 
eff. 1-1-04; 93-898, eff. 8-10-04.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.