State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]
[ Senate Amendment 003 ]

90_SB1044enr

      205 ILCS 616/50
      720 ILCS 250/3            from Ch. 17, par. 5916
      720 ILCS 250/4            from Ch. 17, par. 5917
      720 ILCS 250/5            from Ch. 17, par. 5918
      720 ILCS 250/6            from Ch. 17, par. 5919
      720 ILCS 250/7            from Ch. 17, par. 5920
      720 ILCS 250/8            from Ch. 17, par. 5921
      720 ILCS 250/12           from Ch. 17, par. 5925
          Amends the Electronic Fund Transfer Act.   Requires  that
      terminals  display a notice of charges and a notice reminding
      users to take their receipt and  to  protect  their  personal
      identification   number;  requires  that  receipts  given  at
      terminals partially obscure the user's account number that is
      printed on the receipt. Amends the Illinois Credit  Card  and
      Debit Card Act.  With respect to certain offenses (including:
      making a false written statement for the purpose of procuring
      a card; receiving another person's card with intent to use it
      without   the  cardholder's  consent;  and  other  offenses),
      increases the penalty from a Class A or B  misdemeanor  to  a
      Class  4  felony.   When a greater penalty is provided for an
      offense (for  example,  for  committing,  within  a  12-month
      period,  an  offense  with  respect  to  3 or more cards each
      issued to different cardholders  other  than  the  offender),
      increases  the  greater penalty from a Class A misdemeanor or
      Class 4 felony to a Class 3 felony.
                                                     LRB9000621DJcd
SB1044 Enrolled                                LRB9000621DJcd
 1        AN ACT concerning financial transactions, amending  named
 2    Acts.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Electronic Fund Transfer Act  is  amended
 6    by  changing Sections 30 and 50 as follows:
 7        (205 ILCS 616/30)
 8        Sec. 30.  Acceptance of deposits.
 9        (A)  No  terminal  that  accepts  deposits of funds to an
10    account may be established or owned in this State  except  by
11    (a)  a  bank  established under the laws of this or any other
12    state or established under the laws of the United States that
13    (1) is authorized by law to establish a branch in this  State
14    or  (2) is permitted by rule of the Commissioner to establish
15    deposit-taking terminals in this State in order  to  maintain
16    parity between national banks and banks established under the
17    laws  of  this  or  any  other  state, (b) a savings and loan
18    association or savings bank established  under  the  laws  of
19    this  or any other state or established under the laws of the
20    United States, (c) a credit union established under the  laws
21    of  this  or any other state or established under the laws of
22    the United States, or  (d)  a  licensee  under  the  Consumer
23    Installment Loan Act or the Sales Finance Agency Act.
24        (B)  A  person  other  than a financial institution or an
25    affiliate of a financial institution may establish or own, in
26    whole or in part, a  cash-dispensing  terminal  at  which  an
27    interchange  transaction  may be performed, provided that the
28    terminal does not accept deposits of funds to an account, and
29    provided that the person establishing or owning the  terminal
30    shall  file  a  notice  of  establishment  or  ownership of a
31    terminal with the Commissioner, in the form prescribed by the
SB1044 Enrolled             -2-                LRB9000621DJcd
 1    Commissioner, within 60 days  after  the  later  of  (a)  the
 2    effective  day  of  this  amendatory  Act  of 1997 or (b) the
 3    establishment of or acquisition of an ownership  interest  in
 4    the  terminal.   Persons  who own a terminal pursuant to this
 5    subsection (B) shall thereafter file with the Commissioner  a
 6    full  and  accurate statement of information of ownership, in
 7    the form prescribed by the Commissioner,  once  per  calendar
 8    year.   A  person  who  has  established  or  owns a terminal
 9    pursuant to this subsection (B) shall not be required to file
10    subsequent  notices  of  establishment  or  ownership  of   a
11    terminal when establishing or acquiring an ownership interest
12    in  additional  terminals  provided  the  person includes the
13    information required by the Commissioner for those  terminals
14    in  the  person's  annual  filing pursuant to this subsection
15    (B).    The  Commissioner  or  examiners  appointed  by   the
16    Commissioner  shall  have the authority to examine any person
17    that has  established  or  owns  a  terminal  in  this  State
18    pursuant  to  this  subsection  (B)  if  the Commissioner has
19    received multiple complaints regarding one or more  terminals
20    owned by the person, and in the event of such an examination,
21    the person shall pay the reasonable costs and expenses of the
22    examination   as   determined   by   the  Commissioner.   The
23    Commissioner may impose  civil  penalties  of  up  to  $1,000
24    against  any  person  subject  to this subsection (B) for the
25    first failure to comply with this Act and up to  $10,000  for
26    the  second  and  each subsequent failure to comply with this
27    Act.  All moneys received  by  the  Commissioner  under  this
28    subsection  (B) shall be paid into, and all expenses incurred
29    by the Commissioner under this subsection (B) shall  be  paid
30    from, the Bank and Trust Company Fund.
31        (C)  A  network  operating in this State shall maintain a
32    directory of the locations of  cash-dispensing  terminals  at
33    which  an  interchange  transaction may be performed that are
34    established or owned in this State by its members  and  shall
SB1044 Enrolled             -3-                LRB9000621DJcd
 1    file the directory with the Commissioner within 60 days after
 2    the  effective  date  of  this  amendatory  Act  of  1997 and
 3    thereafter once per calendar year.
 4    (Source: P.A. 89-310, eff. 1-1-96.)
 5        (205 ILCS 616/50)
 6        Sec. 50. Terminal requirements.
 7        (a)  To  assure  maximum  safety  and  security   against
 8    malfunction,  fraud, theft, and other accidents or abuses and
 9    to assure that all access devices will have the capability of
10    activating  all  terminals  established  in  this  State,  no
11    terminal shall accept an access device that does not  conform
12    to  specifications  that are generally accepted.  In the case
13    of a dispute concerning the specifications, the Commissioner,
14    in accordance with the provisions of Section 20 of this  Act,
15    shall have the authority to determine the specifications.
16        (b)  No  terminal  that  does not accept an access device
17    that conforms with those specifications shall be  established
18    or operated.
19        (c)  A   terminal   shall   bear   a  logotype  or  other
20    identification symbol  designed  to  advise  customers  which
21    access devices may activate the terminal.
22        (d)  When  used  to perform an interchange transaction, a
23    terminal shall not bear any form of  proprietary  advertising
24    of  products  and  services  not  offered  at  the  terminal;
25    provided,   however,   that   a   terminal  screen  may  bear
26    proprietary advertising of products or services offered by  a
27    financial  institution  when  a  person uses an access device
28    issued by that financial institution.
29        (e)  No person operating a terminal in this  State  shall
30    impose  any  surcharge  on  a  consumer for the usage of that
31    terminal, whether or not the  consumer  is  using  an  access
32    device  issued  by  that  person,  unless  that  surcharge is
33    clearly disclosed to the consumer both (i) by a sign that  is
SB1044 Enrolled             -4-                LRB9000621DJcd
 1    clearly  visible  to the consumer on or at the terminal being
 2    used  and  (ii)  electronically  on  the   terminal   screen.
 3    Following  presentation  of  the electronic disclosure on the
 4    terminal  screen,  the  consumer   shall   be   provided   an
 5    opportunity  to cancel that transaction without incurring any
 6    surcharge or other obligation.  If a surcharge is imposed  on
 7    a  consumer  using  an access device not issued by the person
 8    operating the terminal, that person  shall  disclose  on  the
 9    sign  and  on  the  terminal  screen that the surcharge is in
10    addition to any fee that may be assessed  by  the  consumer's
11    own  institution.   As  used  in this subsection, "surcharge"
12    means any charge imposed by the person operating the terminal
13    solely for the use of the terminal.  This subsection does not
14    apply to a point-of-sale purchase transaction at a terminal.
15        (f)  A receipt given  at  a  terminal  to  a  person  who
16    initiates  an electronic fund transfer shall include a number
17    or code that identifies the consumer initiating the transfer,
18    the consumer's account or accounts, or the access device used
19    to initiate the transfer.  If the number or code shown on the
20    receipt is a number that identifies the  access  device,  the
21    number  must  be  truncated as printed on the receipt so that
22    fewer than all of the  digits  of  the  number  or  code  are
23    printed  on  the  receipt.   The  Commissioner  may, however,
24    modify or waive the requirements imposed by  this  subsection
25    (f)  if the Commissioner determines that the modifications or
26    waivers are  necessary  to  alleviate  any  undue  compliance
27    burden.
28        (g)  No terminal shall operate in this State unless, with
29    respect  to  each  interchange  transaction  initiated at the
30    terminal,  the  access  code  entered  by  the  consumer   to
31    authorize  the  transaction  is  encrypted by the device into
32    which the access code is manually entered by the consumer and
33    is transmitted from the terminal only in encrypted form.  Any
34    terminal  that   cannot   meet   the   foregoing   encryption
SB1044 Enrolled             -5-                LRB9000621DJcd
 1    requirements  shall  immediately cease forwarding information
 2    with respect to  any  interchange  transaction  or  attempted
 3    interchange transaction.
 4        (h)  No  person that directly or indirectly provides data
 5    processing support  to  any  terminal  in  this  State  shall
 6    authorize   or  forward  for  authorization  any  interchange
 7    transaction unless the access code intended to authorize  the
 8    interchange  transaction  is  encrypted when received by that
 9    person and is encrypted when forwarded to any other person.
10    (Source: P.A. 89-310, eff. 1-1-96.)
11        Section 10.  The Illinois Credit Card and Debit Card  Act
12    is  amended  by changing Sections 3, 4, 5, 6, 7, 8, and 12 as
13    follows:
14        (720 ILCS 250/3) (from Ch. 17, par. 5916)
15        Sec. 3. A person who makes or causes to be  made,  either
16    directly  or  indirectly,  any  false  statement  in writing,
17    knowing it to be false and with intent that it be relied  on,
18    respecting  his  identity,  his address or his employment, or
19    that of any  other  person,  firm  or  corporation,  for  the
20    purpose  of  procuring the issuance of a credit card or debit
21    card, is guilty of a Class 4 felony A misdemeanor.
22    (Source: P.A. 84-486.)
23        (720 ILCS 250/4) (from Ch. 17, par. 5917)
24        Sec. 4. A person who receives a credit card or debit card
25    from the person, possession, custody or  control  of  another
26    without  the cardholder's consent or who, with knowledge that
27    it has been so acquired receives the  credit  card  or  debit
28    card,  with intent to use it or to sell it, or to transfer it
29    to a person other than the issuer or the cardholder is guilty
30    of a Class 4 felony A misdemeanor. A person who  has  in  his
31    possession  or  under his control 2 or more such credit cards
SB1044 Enrolled             -6-                LRB9000621DJcd
 1    or debit cards each issued  to  different  cardholders  other
 2    than himself is presumed to have violated this Section.
 3        A  person  who,  in  any  12-month  period, violates this
 4    Section with respect to 3 or more credit cards or debit cards
 5    each issued to different cardholders other  than  himself  is
 6    guilty of a Class 3 4 felony.
 7    (Source: P.A. 84-486.)
 8        (720 ILCS 250/5) (from Ch. 17, par. 5918)
 9        Sec. 5. A person who receives a credit card or debit card
10    that  he  knows  to have been lost or mislaid and who retains
11    possession with intent to use it or to sell it or to transfer
12    it to a person other than the issuer  or  the  cardholder  is
13    guilty of a Class 4 felony B misdemeanor.
14        A  person  who,  in  a  single transaction, violates this
15    Section with respect to 3 or more credit cards or debit cards
16    each issued to different cardholders other  than  himself  is
17    guilty of a Class 3 felony A misdemeanor.
18    (Source: P.A. 84-486.)
19        (720 ILCS 250/6) (from Ch. 17, par. 5919)
20        Sec. 6. A person other than the issuer who sells a credit
21    card  or  debit  card,  without the consent of the issuer, is
22    guilty of a Class 4 felony A misdemeanor.
23        A person who purchases a credit card or debit card from a
24    person other than the issuer,  without  the  consent  of  the
25    issuer, is guilty of a Class 4 felony A misdemeanor.
26        A  person  who,  in a single transaction, makes a sale or
27    purchase prohibited by this Section with respect to 3 or more
28    credit  cards  or  debit  cards  each  issued  to   different
29    cardholders is guilty of a Class 3 4 felony.
30    (Source: P.A. 84-486.)
31        (720 ILCS 250/7) (from Ch. 17, par. 5920)
SB1044 Enrolled             -7-                LRB9000621DJcd
 1        Sec.  7.  A person who, with intent to defraud either the
 2    issuer,  or  a  person  providing  money,  goods,   property,
 3    services  or  anything  else  of  value, or any other person,
 4    obtains control over a credit card or debit card as  security
 5    for debt or transfers, conveys or gives control over a credit
 6    card or debit card as security for debt, is guilty of a Class
 7    4 felony A misdemeanor.
 8    (Source: P.A. 84-486.)
 9        (720 ILCS 250/8) (from Ch. 17, par. 5921)
10        Sec.  8.  A person who, with intent to defraud either the
11    issuer,  or  a  person  providing  money,  goods,   property,
12    services  or anything else of value, or any other person, (i)
13    uses, for the purpose of obtaining  money,  goods,  property,
14    services  or  anything  else  of value a credit card or debit
15    card obtained or retained in violation of this Act or without
16    the cardholder's consent, or a  credit  card  or  debit  card
17    which  he  knows  is counterfeited, or forged, or expired, or
18    revoked, or (ii) obtains or attempts to obtain money,  goods,
19    property,  services or anything else of value by representing
20    without the consent of the cardholder that he is  the  holder
21    of  a specified card or by representing that he is the holder
22    of a card and such card has  not  in  fact  been  issued,  is
23    guilty  of a Class 4 felony A misdemeanor if the value of all
24    money, goods, property, services and other  things  of  value
25    obtained  or  sought  in  violation  of this Section does not
26    exceed $300 in any 6-month period; and is guilty of a Class 3
27    4 felony if such value exceeds $300 in  any  6-month  period.
28    Knowledge  of  revocation  shall  be  presumed  to  have been
29    received by a cardholder 4 days after it has been  mailed  to
30    him at the address set forth on the credit card or debit card
31    or at his last known address by registered or certified mail,
32    return  receipt  requested,  and, if the address is more than
33    500 miles from the place of mailing,  by  air  mail.  If  the
SB1044 Enrolled             -8-                LRB9000621DJcd
 1    address  is  located  outside the United States, Puerto Rico,
 2    the Virgin Islands, the Canal Zone and Canada,  notice  shall
 3    be  presumed  to  have been received 10 days after mailing by
 4    registered or certified mail.
 5    (Source: P.A. 84-486.)
 6        (720 ILCS 250/12) (from Ch. 17, par. 5925)
 7        Sec. 12. A person who, with intent to defraud  either  an
 8    issuer,   or  a  person  providing  money,  goods,  property,
 9    services or anything else of  value,  or  any  other  person,
10    utilizes an account number or code or enters information on a
11    record  of  charge  form  for the purpose of obtaining money,
12    goods, property, services or anything else of value is guilty
13    of a Class 4 felony A misdemeanor if the value of the  money,
14    goods,  property, services and other things of value obtained
15    does not exceed $150 in any 6-month period; and is guilty  of
16    a  Class 3 4 felony if such value exceeds $150 in any 6-month
17    period.
18        A person who, with intent to defraud either an issuer  or
19    a  person  providing  money,  goods,  property,  services  or
20    anything  else  of  value,  or  any  other person, possesses,
21    without the consent of the issuer or purported issuer, record
22    of charge forms bearing the printed impression  of  a  credit
23    card  or  debit  card,  is  guilty  of  a  Class  4  felony A
24    misdemeanor. Possession of such record of charge forms  by  a
25    person  other  than  the issuer or a person authorized by the
26    issuer to possess record  of  charge  forms  is  prima  facie
27    evidence of the intent to defraud.
28    (Source: P.A. 84-486.)

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