093_HB1150enr

 
HB1150 Enrolled                      LRB093 03915 JLS 03951 b

 1        AN ACT concerning electronic fund transfers.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Electronic Fund Transfer Act  is  amended
 5    by changing Section 50 as follows:

 6        (205 ILCS 616/50)
 7        Sec. 50. Terminal requirements.
 8        (a)  To   assure  maximum  safety  and  security  against
 9    malfunction, fraud, theft, and other accidents or abuses  and
10    to assure that all access devices will have the capability of
11    activating  all  terminals  established  in  this  State,  no
12    terminal  shall accept an access device that does not conform
13    to specifications that are generally accepted.  In  the  case
14    of a dispute concerning the specifications, the Commissioner,
15    in  accordance with the provisions of Section 20 of this Act,
16    shall have the authority to determine the specifications.
17        (b)  No terminal that does not accept  an  access  device
18    that  conforms with those specifications shall be established
19    or operated.
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.
23        (d)  When used to perform an interchange  transaction,  a
24    terminal  shall  not bear any form of proprietary advertising
25    of  products  and  services  not  offered  at  the  terminal;
26    provided,  however,  that  a   terminal   screen   may   bear
27    proprietary  advertising of products or services offered by a
28    financial institution when a person  uses  an  access  device
29    issued by that financial institution.
30        (e)  No  person  operating a terminal in this State shall
31    impose any surcharge on a consumer  for  the  usage  of  that
 
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 1    terminal,  whether  or  not  the  consumer is using an access
 2    device issued  by  that  person,  unless  that  surcharge  is
 3    clearly  disclosed to the consumer both (i) by a sign that is
 4    clearly visible to the consumer on or at the  terminal  being
 5    used   and   (ii)  electronically  on  the  terminal  screen.
 6    Following presentation of the electronic  disclosure  on  the
 7    terminal   screen,   the   consumer   shall  be  provided  an
 8    opportunity to cancel that transaction without incurring  any
 9    surcharge  or other obligation.  If a surcharge is imposed on
10    a consumer using an access device not issued  by  the  person
11    operating  the  terminal,  that  person shall disclose on the
12    sign and on the terminal screen  that  the  surcharge  is  in
13    addition  to  any  fee that may be assessed by the consumer's
14    own institution.  As used  in  this  subsection,  "surcharge"
15    means any charge imposed by the person operating the terminal
16    solely for the use of the terminal.  This subsection does not
17    apply to a point-of-sale purchase transaction at a terminal.
18        (f)  A  receipt  given  at  a  terminal  to  a person who
19    initiates an electronic fund transfer shall include a  number
20    or code that identifies the consumer initiating the transfer,
21    the consumer's account or accounts, or the access device used
22    to initiate the transfer.  If the number or code shown on the
23    receipt  is  a  number that identifies the access device, the
24    number must be truncated as printed on the  receipt  so  that
25    fewer  than  all  of  the  digits  of  the number or code are
26    printed on  the  receipt.   The  Commissioner  may,  however,
27    modify  or  waive the requirements imposed by this subsection
28    (f) if the Commissioner determines that the modifications  or
29    waivers  are  necessary  to  alleviate  any  undue compliance
30    burden.
31        (g)  No terminal shall operate in this State unless, with
32    respect to each  interchange  transaction  initiated  at  the
33    terminal,   the  access  code  entered  by  the  consumer  to
34    authorize the transaction is encrypted  by  the  device  into
 
HB1150 Enrolled             -3-      LRB093 03915 JLS 03951 b
 1    which the access code is manually entered by the consumer and
 2    is transmitted from the terminal only in encrypted form.  Any
 3    terminal   that   cannot   meet   the   foregoing  encryption
 4    requirements shall immediately cease  forwarding  information
 5    with  respect  to  any  interchange  transaction or attempted
 6    interchange transaction.
 7        (h)  No person that directly or indirectly provides  data
 8    processing  support  to  any  terminal  in  this  State shall
 9    authorize  or  forward  for  authorization  any   interchange
10    transaction  unless the access code intended to authorize the
11    interchange transaction is encrypted when  received  by  that
12    person and is encrypted when forwarded to any other person.
13    (Source: P.A. 89-310, eff. 1-1-96; 90-189, eff. 1-1-98.)