Public Act 098-0415

HB2432 Enrolled LRB098 09008 MGM 39143 b

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Electronic Fund Transfer Act is amended by

changing Section 50 as follows:

(205 ILCS 616/50)

Sec. 50. Terminal requirements.

(a) To assure maximum safety and security against

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

accordance with the provisions of Section 20 of this Act, shall

have the authority to determine the specifications.

(b) No terminal that does not accept an access device that

conforms with those specifications shall be established or

operated.

(c) A terminal shall bear a logotype or other

identification symbol designed to advise customers which

access devices may activate the terminal.

(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

advertising of products or services offered by a financial

institution when a person uses an access device issued by that

financial institution.

(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 both (i) by a sign that is clearly

visible to the consumer on or at the terminal being used and

(ii) 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 sign and 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.

(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

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

necessary to alleviate any undue compliance burden.

(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

requirements shall immediately cease forwarding information

with respect to any interchange transaction or attempted

interchange transaction.

(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

interchange transaction is encrypted when received by that

person and is encrypted when forwarded to any other person.

(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

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.

(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.

For the 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.

(Source: P.A. 93-136, eff. 1-1-04; 93-273, eff. 1-1-04; 93-583,

eff. 1-1-04; 93-898, eff. 8-10-04.)

Section 99. Effective date. This Act takes effect upon

becoming law.