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| Public Act 098-0984 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Electronic Fund Transfer Act is amended by | ||||
changing Section 50 as follows:
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(205 ILCS 616/50)
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Sec. 50. Terminal requirements.
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(a) To assure maximum safety and security against
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malfunction, fraud, theft, and other accidents or abuses and to | ||||
assure that all
access devices will have the capability of | ||||
activating all terminals established
in this State, no terminal | ||||
shall accept an access device
that does not conform to | ||||
specifications that are generally accepted. In the
case of a | ||||
dispute concerning the specifications, the Commissioner, in
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accordance with the provisions of Section 20 of this Act, shall | ||||
have the
authority to determine the specifications.
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(b) No terminal that does not accept an
access device that | ||||
conforms with those specifications shall be established or
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operated.
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(c) A terminal shall bear a logotype or other | ||||
identification
symbol designed to advise customers which | ||||
access devices may activate the
terminal.
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(d) When used to perform an interchange transaction, a | ||||
terminal shall not
bear any form of proprietary advertising of | ||
products and services not offered
at the terminal; provided, | ||
however, that a terminal screen may bear proprietary
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advertising of products or services offered by a financial | ||
institution when a
person uses an access device issued by that | ||
financial institution.
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(e) No person operating a terminal in this State shall | ||
impose any
surcharge on a consumer for the usage of that | ||
terminal, whether or not the
consumer is using an access device | ||
issued by that person, unless that surcharge
is clearly | ||
disclosed to the consumer electronically on the
terminal | ||
screen. Following presentation of the electronic disclosure on | ||
the
terminal screen, the consumer shall be provided an | ||
opportunity to cancel that
transaction without incurring any | ||
surcharge or other obligation. If a
surcharge is imposed on a | ||
consumer using an access device not issued by the
person | ||
operating the terminal, that person shall disclose on
the | ||
terminal screen that the surcharge is in addition to any fee | ||
that may
be assessed by the consumer's own institution. As used | ||
in this subsection,
"surcharge" means any charge imposed by the | ||
person operating the terminal
solely for the use of the | ||
terminal.
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(f) A receipt given at a terminal to a person who initiates | ||
an electronic
fund transfer shall include a number or code that | ||
identifies the consumer
initiating the transfer, the | ||
consumer's account or accounts, or the access
device used to | ||
initiate the transfer. If the number or code shown on the
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receipt is a number that identifies the access device, the | ||
number must be
truncated as printed on the receipt so that | ||
fewer than all of the digits of the
number or code are printed | ||
on the receipt. The
Commissioner may, however, modify or waive | ||
the requirements imposed by this
subsection
(f) if the | ||
Commissioner determines that the modifications or waivers are
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necessary to alleviate any undue compliance burden.
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(g) No terminal shall operate in this State unless, with | ||
respect to each
interchange transaction initiated at the | ||
terminal, the access code entered by
the consumer to authorize | ||
the transaction is encrypted by the device into
which the | ||
access code is manually entered by the consumer and is | ||
transmitted
from the terminal
only in encrypted form. Any | ||
terminal that cannot meet the foregoing encryption
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requirements shall immediately cease forwarding information | ||
with respect to any
interchange transaction or attempted | ||
interchange transaction.
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(h) No person that directly or indirectly provides data | ||
processing support
to
any terminal in this State shall | ||
authorize or forward for authorization any
interchange | ||
transaction unless the access code intended to authorize the
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interchange transaction is encrypted when received by that | ||
person and is
encrypted when forwarded to any other person.
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(i) A terminal operated in this State may be designed and | ||
programmed so
that when a consumer enters his or her personal | ||
identification number in
reverse order, the terminal | ||
automatically sends an alarm to the local law
enforcement | ||
agency having jurisdiction over the terminal location. The
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Commissioner
shall promulgate rules necessary for the | ||
implementation of this subsection (i). The provisions of this | ||
subsection (i) shall not be construed to require an owner or | ||
operator of a terminal to design and program the terminal to | ||
accept a personal identification number in reverse order.
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(j) A person operating a terminal in this State may not | ||
impose a
fee upon
a
consumer for usage of the terminal if the | ||
consumer is using a Link Card or
other access device issued by | ||
a government agency for use in obtaining
financial aid under | ||
the Illinois Public Aid Code.
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No person in this State may impose a fee upon a consumer | ||
for usage of a terminal if the consumer is using a general use | ||
reloadable card issued by the Illinois State Disbursement Unit | ||
for the purpose of receiving his or her child support payments. | ||
For the purposes purpose of this subsection (j), the term | ||
"person
operating a
terminal" means the person who has control | ||
over and is responsible for a
terminal. The term "person | ||
operating a terminal" does not mean the person who
owns or | ||
controls the property or building in which a terminal is | ||
located,
unless he or she also has control over and is | ||
responsible for the terminal.
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(Source: P.A. 98-415, eff. 8-16-13.)
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Section 99. Effective date. This Act takes effect July 1, | ||
2015.
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