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| [ Senate Amendment 003 ] |
90_SB1044sam001
LRB9000621DJcdam01
1 AMENDMENT TO SENATE BILL 1044
2 AMENDMENT NO. . Amend Senate Bill 1044 by replacing
3 lines 5 through 31 on page 1 and lines 1 through 16 on page 2
4 with the following:
5 "Section 5. The Electronic Fund Transfer Act is amended
6 by changing Section 50 and adding Section 52 as follows:
7 (205 ILCS 616/50)
8 Sec. 50. Terminal requirements.
9 (a) To assure maximum safety and security against
10 malfunction, fraud, theft, and other accidents or abuses and
11 to assure that all access devices will have the capability of
12 activating all terminals established in this State, no
13 terminal shall accept an access device that does not conform
14 to specifications that are generally accepted. In the case
15 of a dispute concerning the specifications, the Commissioner,
16 in accordance with the provisions of Section 20 of this Act,
17 shall have the authority to determine the specifications.
18 (b) No terminal that does not accept an access device
19 that conforms with those specifications shall be established
20 or operated.
21 (c) A terminal shall bear a logotype or other
22 identification symbol designed to advise customers which
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1 access devices may activate the terminal.
2 (d) When used to perform an interchange transaction, a
3 terminal shall not bear any form of proprietary advertising
4 of products and services not offered at the terminal;
5 provided, however, that a terminal screen may bear
6 proprietary advertising of products or services offered by a
7 financial institution when a person uses an access device
8 issued by that financial institution.
9 (e) No person operating a terminal in this State shall
10 impose any surcharge on a consumer for the usage of that
11 terminal, whether or not the consumer is using an access
12 device issued by that person, unless that surcharge is
13 clearly disclosed to the consumer both (i) by a sign that is
14 clearly visible to the consumer on or at the terminal being
15 used and (ii) electronically on the terminal screen.
16 Following presentation of the electronic disclosure on the
17 terminal screen, the consumer shall be provided an
18 opportunity to cancel that transaction without incurring any
19 surcharge or other obligation. If a surcharge is imposed on
20 a consumer using an access device not issued by the person
21 operating the terminal, that person shall disclose on the
22 sign and on the terminal screen that the surcharge is in
23 addition to any fee that may be assessed by the consumer's
24 own institution. As used in this subsection, "surcharge"
25 means any charge imposed by the person operating the terminal
26 solely for the use of the terminal. This subsection does not
27 apply to a point-of-sale purchase transaction at a terminal.
28 (f) A receipt given at a terminal to a person who
29 initiates an electronic fund transfer shall include a number
30 or code that identifies the consumer initiating the transfer,
31 the consumer's account or accounts, or the access device used
32 to initiate the transfer. If the number or code shown on the
33 receipt is a number that identifies the access device, the
34 number must be truncated as printed on the receipt so that
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1 fewer than all of the digits of the number or code are
2 printed on the receipt. The Commissioner may, however,
3 modify or waive the requirements imposed by this subsection
4 (f) if the Commissioner determines that the modifications or
5 waivers are necessary to alleviate any undue compliance
6 burden.
7 (g) No terminal shall operate in this State unless, with
8 respect to each interchange transaction initiated at the
9 terminal, the access code entered by the consumer to
10 authorize the transaction is encrypted by the device into
11 which the access code is manually entered by the consumer and
12 is transmitted from the terminal only in encrypted form. Any
13 terminal that cannot meet the foregoing encryption
14 requirements shall immediately cease forwarding information
15 with respect to any interchange transaction or attempted
16 interchange transaction.
17 (h) No person that directly or indirectly provides data
18 processing support to any terminal in this State shall
19 authorize or forward for authorization any interchange
20 transaction unless the access code intended to authorize the
21 interchange transaction is encrypted when received by that
22 person and is encrypted when forwarded to any other person.
23 (Source: P.A. 89-310, eff. 1-1-96.)
24 (205 ILCS 616/52 new)
25 Sec. 52. Terminal owners other than financial
26 institutions. If a person other than a financial institution
27 or other than an affiliate of a financial institution owns,
28 in whole or in part, any terminal within the State of
29 Illinois at which an interchange transaction may be
30 performed, then that person shall file with the Commissioner,
31 on forms prescribed by the Commissioner, within 60 days after
32 the later of (i) the effective date of this amendatory Act of
33 1997 or (ii) the establishment of a terminal at which an
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1 interchange transaction may be performed, the following: (1)
2 the location of each such terminal and (2) the financial
3 institution sponsoring each such terminal into any network or
4 networks. The forms shall be filed with the Commissioner
5 with current information not less frequently than once per
6 calendar year. The Commissioner or examiners appointed by
7 the Commissioner have the authority to examine any person
8 subject to this Section. The expenses of administering this
9 Section and of any such examination shall be assessed against
10 and borne by the person owning the terminal or being
11 examined. All moneys received by the Commissioner under this
12 Act shall be paid into, and all expenses incurred by the
13 Commissioner under this Act shall be paid from, the Bank and
14 Trust Company Fund. The Commissioner, in administering this
15 Section, shall have all of the powers enumerated in Section
16 48 of the Illinois Banking Act.".