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90_SB1044eng
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 Engrossed 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
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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
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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
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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
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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
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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)
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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
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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.)