Sen. Dan Kotowski
Filed: 3/5/2014
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1 | AMENDMENT TO SENATE BILL 640
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2 | AMENDMENT NO. ______. Amend Senate Bill 640 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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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1 | (b) No terminal that does not accept an
access device that | ||||||
2 | conforms with those specifications shall be established or
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3 | operated.
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4 | (c) A terminal shall bear a logotype or other | ||||||
5 | identification
symbol designed to advise customers which | ||||||
6 | access devices may activate the
terminal.
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7 | (d) When used to perform an interchange transaction, a | ||||||
8 | terminal shall not
bear any form of proprietary advertising of | ||||||
9 | products and services not offered
at the terminal; provided, | ||||||
10 | however, that a terminal screen may bear proprietary
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11 | advertising of products or services offered by a financial | ||||||
12 | institution when a
person uses an access device issued by that | ||||||
13 | financial institution.
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14 | (e) No person operating a terminal in this State shall | ||||||
15 | impose any
surcharge on a consumer for the usage of that | ||||||
16 | terminal, whether or not the
consumer is using an access device | ||||||
17 | issued by that person, unless that surcharge
is clearly | ||||||
18 | disclosed to the consumer electronically on the
terminal | ||||||
19 | screen. Following presentation of the electronic disclosure on | ||||||
20 | the
terminal screen, the consumer shall be provided an | ||||||
21 | opportunity to cancel that
transaction without incurring any | ||||||
22 | surcharge or other obligation. If a
surcharge is imposed on a | ||||||
23 | consumer using an access device not issued by the
person | ||||||
24 | operating the terminal, that person shall disclose on
the | ||||||
25 | terminal screen that the surcharge is in addition to any fee | ||||||
26 | that may
be assessed by the consumer's own institution. As used |
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1 | in this subsection,
"surcharge" means any charge imposed by the | ||||||
2 | person operating the terminal
solely for the use of the | ||||||
3 | terminal.
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4 | (f) A receipt given at a terminal to a person who initiates | ||||||
5 | an electronic
fund transfer shall include a number or code that | ||||||
6 | identifies the consumer
initiating the transfer, the | ||||||
7 | consumer's account or accounts, or the access
device used to | ||||||
8 | initiate the transfer. If the number or code shown on the
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9 | receipt is a number that identifies the access device, the | ||||||
10 | number must be
truncated as printed on the receipt so that | ||||||
11 | fewer than all of the digits of the
number or code are printed | ||||||
12 | on the receipt. The
Commissioner may, however, modify or waive | ||||||
13 | the requirements imposed by this
subsection
(f) if the | ||||||
14 | Commissioner determines that the modifications or waivers are
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15 | necessary to alleviate any undue compliance burden.
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16 | (g) No terminal shall operate in this State unless, with | ||||||
17 | respect to each
interchange transaction initiated at the | ||||||
18 | terminal, the access code entered by
the consumer to authorize | ||||||
19 | the transaction is encrypted by the device into
which the | ||||||
20 | access code is manually entered by the consumer and is | ||||||
21 | transmitted
from the terminal
only in encrypted form. Any | ||||||
22 | terminal that cannot meet the foregoing encryption
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23 | requirements shall immediately cease forwarding information | ||||||
24 | with respect to any
interchange transaction or attempted | ||||||
25 | interchange transaction.
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26 | (h) No person that directly or indirectly provides data |
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1 | processing support
to
any terminal in this State shall | ||||||
2 | authorize or forward for authorization any
interchange | ||||||
3 | transaction unless the access code intended to authorize the
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4 | interchange transaction is encrypted when received by that | ||||||
5 | person and is
encrypted when forwarded to any other person.
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6 | (i) A terminal operated in this State may be designed and | ||||||
7 | programmed so
that when a consumer enters his or her personal | ||||||
8 | identification number in
reverse order, the terminal | ||||||
9 | automatically sends an alarm to the local law
enforcement | ||||||
10 | agency having jurisdiction over the terminal location. The
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11 | Commissioner
shall promulgate rules necessary for the | ||||||
12 | implementation of this subsection (i). The provisions of this | ||||||
13 | subsection (i) shall not be construed to require an owner or | ||||||
14 | operator of a terminal to design and program the terminal to | ||||||
15 | accept a personal identification number in reverse order.
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16 | (j) A person operating a terminal in this State may not | ||||||
17 | impose a
fee upon
a
consumer for usage of the terminal if the | ||||||
18 | consumer is using a Link Card or
other access device issued by | ||||||
19 | a government agency for use in obtaining
financial aid under | ||||||
20 | the Illinois Public Aid Code.
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21 | A person operating a terminal in this State may not impose | ||||||
22 | a fee upon a consumer for usage of the terminal if the consumer | ||||||
23 | is using an EPPICard issued by the Illinois State Disbursement | ||||||
24 | Unit for the purpose of receiving his or her child support | ||||||
25 | payments. | ||||||
26 | For the purposes purpose of this subsection (j), the term |
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1 | "person
operating a
terminal" means the person who has control | ||||||
2 | over and is responsible for a
terminal. The term "person | ||||||
3 | operating a terminal" does not mean the person who
owns or | ||||||
4 | controls the property or building in which a terminal is | ||||||
5 | located,
unless he or she also has control over and is | ||||||
6 | responsible for the terminal.
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7 | (Source: P.A. 98-415, eff. 8-16-13.)".
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