093_SB1640eng
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1 AN ACT in relation to military personnel.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Deposit of State Moneys Act is amended by
5 adding Section 7.5 and changing Section 15 as follows:
6 (15 ILCS 520/7.5 new)
7 Sec. 7.5. No deposit where fee imposed for terminal
8 usage or for checking account.
9 (a) For purposes of this Section, "consumer" means a
10 resident of Illinois who is on active duty in any reserve
11 component of the armed forces, including, but not limited to,
12 the Illinois Army National Guard, Illinois Air National
13 Guard, United States Army Reserve, United States Marine Corps
14 Reserve, United States Navy Reserve, United States Air Force
15 Reserve, or United States Coast Guard Reserve.
16 (b) In addition to any other requirements of this Act,
17 the State Treasurer may not deposit moneys in any financial
18 institution that imposes a fee on a consumer for usage of a
19 terminal, as defined in the Electronic Fund Transfer Act, or
20 imposes a fee for the establishment or maintenance of a
21 checking account.
22 (c) A bank or savings and loan association approved as a
23 depositary must waive fees for usage of a terminal, as
24 defined in the Electronic Fund Transfer Act, and for the
25 establishment or maintenance of a checking account if the
26 consumer:
27 (1) shows proof of membership in any reserve
28 component of the armed forces, including, but not limited
29 to, the Illinois Army National Guard, Illinois Air
30 National Guard, United States Army Reserve, United States
31 Marine Corps Reserve, United States Navy Reserve, United
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1 States Air Force Reserve, or United States Coast Guard
2 Reserve;
3 (2) shows proof of residency in the State of
4 Illinois; and
5 (3) shows proof of active duty status.
6 (15 ILCS 520/15) (from Ch. 130, par. 34)
7 Sec. 15. (a) A bank or savings and loan association
8 approved as a depositary shall cease to be an approved bank
9 or savings and loan association, and shall be disqualified by
10 the State Treasurer:
11 (1) Upon its failure to post a suitable bond or
12 deposit securities with the State Treasurer;
13 (2) Upon its failure or refusal to pay over public
14 moneys or any part thereof;
15 (3) Upon its becoming insolvent or bankrupt, or
16 being placed in the hands of a receiver;
17 (4) Upon a showing of unsatisfactory financial
18 condition through a report made to, or an examination
19 made by, the Comptroller of the Currency, the
20 Commissioner of Banks and Real Estate, or the Federal
21 Home Loan Bank or its successors;.
22 (5) Upon its failure to submit a pledge executed by
23 its president or chief executive officer in the following
24 form:
25 The (name of bank or savings and loan
26 association) pledges not to impose fees on consumers
27 who are on active duty in any reserve component of
28 the armed forces, including, but not limited to, the
29 Illinois Army National Guard, Illinois Air National
30 Guard, United States Army Reserve, United States
31 Marine Corps Reserve, United States Navy Reserve,
32 United States Air Force Reserve, or United States
33 Coast Guard Reserve, for usage of an automatic
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1 teller machine or for establishing and maintaining a
2 checking account;
3 (6) Upon its failure to comply with the
4 requirements of Section 7.5 of this Act.
5 (b) No approved depositary shall be disqualified by the
6 State Treasurer solely by reason of its acquisition by
7 another institution.
8 (Source: P.A. 89-508, eff. 7-3-96.)
9 Section 10. The State Treasurer's Bank Services Trust
10 Fund Act is amended by adding Section 16 as follows:
11 (30 ILCS 212/16 new)
12 Sec. 16. No banking service agreement where fee imposed
13 for terminal usage or for checking account.
14 (a) The State Treasurer may not enter into a banking
15 service agreement with a financial institution that imposes a
16 fee on a consumer who is on active duty in any reserve
17 component of the armed forces, including, but not limited to,
18 the Illinois Army National Guard, Illinois Air National
19 Guard, United States Army Reserve, United States Marine Corps
20 Reserve, United States Navy Reserve, United States Air Force
21 Reserve, or United States Coast Guard Reserve, for usage of a
22 terminal, as defined in the Electronic Fund Transfer Act, or
23 for the establishment or maintenance of a checking account.
24 (b) The State Treasurer may not enter into a banking
25 service agreement with a financial institution if it fails to
26 submit a pledge executed by its president or chief executive
27 officer in the following form:
28 The (name of the financial institution) pledges not
29 to impose fees on consumers who are on active duty in any
30 reserve component of the armed forces, including, but not
31 limited to, the Illinois Army National Guard, Illinois
32 Air National Guard, United States Army Reserve, United
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1 States Marine Corps Reserve, United States Navy Reserve,
2 United States Air Force Reserve, or United States Coast
3 Guard Reserve, for usage of an automatic teller machine
4 or for establishing and maintaining a checking account.
5 (c) The State Treasurer may not enter into a banking
6 service agreement with any financial institution that fails
7 to waive fees for usage of a terminal, as defined in the
8 Electronic Fund Transfer Act, or for the establishment or
9 maintenance of a checking account if the consumer:
10 (1) shows proof of membership in any reserve
11 component of the armed forces, including, but not limited
12 to, the Illinois Army National Guard, Illinois Air
13 National Guard, United States Army Reserve, United States
14 Marine Corps Reserve, United States Navy Reserve, United
15 States Air Force Reserve, or United States Coast Guard
16 Reserve;
17 (2) shows proof of residency in the State of
18 Illinois; and
19 (3) shows proof of active duty status.
20 Section 15. The Electronic Fund Transfer Act is amended
21 by changing Section 50 as follows:
22 (205 ILCS 616/50)
23 Sec. 50. Terminal requirements.
24 (a) To assure maximum safety and security against
25 malfunction, fraud, theft, and other accidents or abuses and
26 to assure that all access devices will have the capability of
27 activating all terminals established in this State, no
28 terminal shall accept an access device that does not conform
29 to specifications that are generally accepted. In the case
30 of a dispute concerning the specifications, the Commissioner,
31 in accordance with the provisions of Section 20 of this Act,
32 shall have the authority to determine the specifications.
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1 (b) No terminal that does not accept an access device
2 that conforms with those specifications shall be established
3 or operated.
4 (c) A terminal shall bear a logotype or other
5 identification symbol designed to advise customers which
6 access devices may activate the terminal.
7 (d) When used to perform an interchange transaction, a
8 terminal shall not bear any form of proprietary advertising
9 of products and services not offered at the terminal;
10 provided, however, that a terminal screen may bear
11 proprietary advertising of products or services offered by a
12 financial institution when a person uses an access device
13 issued by that financial institution.
14 (e) No person operating a terminal in this State shall
15 impose any surcharge on a consumer for the usage of that
16 terminal, whether or not the consumer is using an access
17 device issued by that person, unless that surcharge is
18 clearly disclosed to the consumer both (i) by a sign that is
19 clearly visible to the consumer on or at the terminal being
20 used and (ii) electronically on the terminal screen.
21 Following presentation of the electronic disclosure on the
22 terminal screen, the consumer shall be provided an
23 opportunity to cancel that transaction without incurring any
24 surcharge or other obligation. If a surcharge is imposed on
25 a consumer using an access device not issued by the person
26 operating the terminal, that person shall disclose on the
27 sign and on the terminal screen that the surcharge is in
28 addition to any fee that may be assessed by the consumer's
29 own institution. As used in this subsection, "surcharge"
30 means any charge imposed by the person operating the terminal
31 solely for the use of the terminal. This subsection does not
32 apply to a point-of-sale purchase transaction at a terminal.
33 (f) A receipt given at a terminal to a person who
34 initiates an electronic fund transfer shall include a number
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1 or code that identifies the consumer initiating the transfer,
2 the consumer's account or accounts, or the access device used
3 to initiate the transfer. If the number or code shown on the
4 receipt is a number that identifies the access device, the
5 number must be truncated as printed on the receipt so that
6 fewer than all of the digits of the number or code are
7 printed on the receipt. The Commissioner may, however,
8 modify or waive the requirements imposed by this subsection
9 (f) if the Commissioner determines that the modifications or
10 waivers are necessary to alleviate any undue compliance
11 burden.
12 (g) No terminal shall operate in this State unless, with
13 respect to each interchange transaction initiated at the
14 terminal, the access code entered by the consumer to
15 authorize the transaction is encrypted by the device into
16 which the access code is manually entered by the consumer and
17 is transmitted from the terminal only in encrypted form. Any
18 terminal that cannot meet the foregoing encryption
19 requirements shall immediately cease forwarding information
20 with respect to any interchange transaction or attempted
21 interchange transaction.
22 (h) No person that directly or indirectly provides data
23 processing support to any terminal in this State shall
24 authorize or forward for authorization any interchange
25 transaction unless the access code intended to authorize the
26 interchange transaction is encrypted when received by that
27 person and is encrypted when forwarded to any other person.
28 (i) A person operating a terminal in this State must
29 disclose, in any application to serve as a depositary under
30 the Deposit of State Moneys Act or to provide services under
31 the State Treasurer's Bank Services Trust Fund Act, to
32 process payments of taxes, fees, and other moneys due the
33 State, to provide transactional charges related to the
34 investment or safekeeping of funds under the Treasurer's
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1 control, or to pay bondholders under the State general
2 obligation bond program, its schedule of fees for consumers
3 for usage of the terminal, including those fees for consumers
4 who are residents of Illinois who are on active duty in any
5 reserve component of the armed forces, including, but not
6 limited to, the Illinois Army National Guard, Illinois Air
7 National Guard, United States Army Reserve, United States
8 Marine Corps Reserve, United States Navy Reserve, United
9 States Air Force Reserve, or United States Coast Guard
10 Reserve.
11 (Source: P.A. 89-310, eff. 1-1-96; 90-189, eff. 1-1-98.)
12 Section 20. The Illinois Human Rights Act is amended by
13 changing Section 1-103 as follows:
14 (775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
15 Sec. 1-103. General Definitions. When used in this Act,
16 unless the context requires otherwise, the term:
17 (A) Age. "Age" means the chronological age of a person
18 who is at least 40 years old, except with regard to any
19 practice described in Section 2-102, insofar as that practice
20 concerns training or apprenticeship programs. In the case of
21 training or apprenticeship programs, for the purposes of
22 Section 2-102, "age" means the chronological age of a person
23 who is 18 but not yet 40 years old.
24 (B) Aggrieved Party. "Aggrieved party" means a person
25 who is alleged or proved to have been injured by a civil
26 rights violation or believes he or she will be injured by a
27 civil rights violation under Article 3 that is about to
28 occur.
29 (C) Charge. "Charge" means an allegation filed with the
30 Department by an aggrieved party or initiated by the
31 Department under its authority.
32 (D) Civil Rights Violation. "Civil rights violation"
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1 includes and shall be limited to only those specific acts set
2 forth in Sections 2-102, 2-103, 2-105, 3-102, 3-103, 3-104,
3 3-104.1, 3-105, 4-102, 4-103, 5-102, 5A-102 and 6-101 of this
4 Act.
5 (E) Commission. "Commission" means the Human Rights
6 Commission created by this Act.
7 (F) Complaint. "Complaint" means the formal pleading
8 filed by the Department with the Commission following an
9 investigation and finding of substantial evidence of a civil
10 rights violation.
11 (G) Complainant. "Complainant" means a person including
12 the Department who files a charge of civil rights violation
13 with the Department or the Commission.
14 (H) Department. "Department" means the Department of
15 Human Rights created by this Act.
16 (I) Handicap. "Handicap" means a determinable physical
17 or mental characteristic of a person, including, but not
18 limited to, a determinable physical characteristic which
19 necessitates the person's use of a guide, hearing or support
20 dog, the history of such characteristic, or the perception of
21 such characteristic by the person complained against, which
22 may result from disease, injury, congenital condition of
23 birth or functional disorder and which characteristic:
24 (1) For purposes of Article 2 is unrelated to the
25 person's ability to perform the duties of a particular
26 job or position and, pursuant to Section 2-104 of this
27 Act, a person's illegal use of drugs or alcohol is not a
28 handicap;
29 (2) For purposes of Article 3, is unrelated to the
30 person's ability to acquire, rent or maintain a housing
31 accommodation;
32 (3) For purposes of Article 4, is unrelated to a
33 person's ability to repay;
34 (4) For purposes of Article 5, is unrelated to a
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1 person's ability to utilize and benefit from a place of
2 public accommodation.
3 (J) Marital Status. "Marital status" means the legal
4 status of being married, single, separated, divorced or
5 widowed.
6 (J-1) Military Status. "Military status" means a
7 person's status on active duty in the armed forces of the
8 United States or status as a member in any reserve component
9 of the armed forces, including, but not limited to, the
10 Illinois Army National Guard, Illinois Air National Guard,
11 United States Army Reserve, United States Marine Corps
12 Reserve, United States Navy Reserve, United States Air Force
13 Reserve, or United States Coast Guard Reserve.
14 (K) National Origin. "National origin" means the place
15 in which a person or one of his or her ancestors was born.
16 (L) Person. "Person" includes one or more individuals,
17 partnerships, associations or organizations, labor
18 organizations, labor unions, joint apprenticeship committees,
19 or union labor associations, corporations, the State of
20 Illinois and its instrumentalities, political subdivisions,
21 units of local government, legal representatives, trustees in
22 bankruptcy or receivers.
23 (M) Public Contract. "Public contract" includes every
24 contract to which the State, any of its political
25 subdivisions or any municipal corporation is a party.
26 (N) Religion. "Religion" includes all aspects of
27 religious observance and practice, as well as belief, except
28 that with respect to employers, for the purposes of Article
29 2, "religion" has the meaning ascribed to it in paragraph (F)
30 of Section 2-101.
31 (O) Sex. "Sex" means the status of being male or female.
32 (P) Unfavorable Military Discharge. "Unfavorable
33 military discharge" includes discharges from the Armed Forces
34 of the United States, their Reserve components or any
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1 National Guard or Naval Militia which are classified as RE-3
2 or the equivalent thereof, but does not include those
3 characterized as RE-4 or "Dishonorable".
4 (Q) Unlawful Discrimination. "Unlawful discrimination"
5 means discrimination against a person because of his or her
6 race, color, religion, national origin, ancestry, age, sex,
7 marital status, handicap, military status, or unfavorable
8 discharge from military service as those terms are defined in
9 this Section.
10 (Source: P.A. 88-178; 88-180; 88-670, eff. 12-2-94.)
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.