Sen. Jacqueline Y. Collins
Filed: 3/12/2007
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 1675 




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    AMENDMENT NO. ______. Amend Senate Bill 1675  on page 1, 
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immediately below line 3, by inserting the following:




 
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    "Section 3. The Credit Card Liability Act is amended  by 
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changing Section 0.01 and  by adding Sections 0.05 and 3  as 
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follows:
 



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    (815 ILCS 145/0.01)  (from Ch. 17, par. 6100)



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    Sec. 0.01. Short title. This Act may be cited as the
Credit 
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Card and Debit Card Liability Act.

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(Source: P.A. 86-1324.)

 
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    (815 ILCS 145/0.05 new)

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    Sec. 0.05. Definitions. For the purposes of this Act:

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    "Credit card" and "debit card" shall have the meanings 
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ascribed to those terms in the Illinois Credit Card and Debit 
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Card Act.
 


 






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    "Breach of the security of system data" and "data 
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collector" shall have the meanings ascribed to those terms in 
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the Personal Information Protection Act.
 
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    (815 ILCS 145/3  new)
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    Sec. 3. Liability of data collector. Notwithstanding any 
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other provision of law, whenever a credit card or debit card is 
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used to obtain money, goods, services, or anything else of 
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value: (i) without the consent or authorization of the rightful 
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owner of the credit card or debit card; and (ii) as a result of 
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a breach of the security of system data by a data collector or 
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by an employee or agent of a data collector, the data collector 
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shall be liable to any financial institution that incurs costs 
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or damages relating to the unauthorized access to the account 
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or accounts of the rightful owner of the credit card or debit 
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card.  The liability of the data collector to the financial 
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institution shall include, but not be limited to, any costs 
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incurred in connection with the cancellation or reissuance of a 
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credit card or debit card; the closing of any deposit, 
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transaction, draft, credit, or other account and any action 
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necessary to stop payment or block transactions with respect to 
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any such account; the opening or reopening of any deposit, 
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transaction, draft, credit, or other account on behalf of the 
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rightful owner of the debit card or credit card; and any refund 
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or credit made to the rightful owner of the credit card or 
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debit card as a result of the unauthorized transactions.".