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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 felonyA 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 felonyA 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 34felony. 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 felonyB 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 felonyA 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 felonyA 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 felonyA 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 34felony. 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 felonyA 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 felonyA misdemeanorif 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 274felony 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 felonyA misdemeanorif 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 34felony 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 felonyA24misdemeanor. 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.)