2003 Legislation
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HOUSE BILL NO. 134 – Payment card transactn/receipt/info

HOUSE BILL NO. 134

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View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



H0134..............................................................by BUSINESS
PAYMENT CARDS - Amends and adds to existing law to provide restrictions on the
information printed on receipts for payment card transactions by prohibiting
the printing of more than the last five digits of the account number; and to
provide penalties.
                                                                        
01/30    House intro - 1st rdg - to printing
01/31    Rpt prt - to Bus
02/04    Rpt out - rec d/p - to 2nd rdg
02/05    2nd rdg - to 3rd rdg
02/06    3rd rdg - PASSED - 60-8-2
      AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Bieter, Black, Block,
      Boe, Bolz, Campbell, Cannon, Clark, Collins, Cuddy, Deal, Denney,
      Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),
      Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg, Lake, Langford,
      Langhorst, Martinez, Meyer, Miller, Mitchell, Moyle, Naccarato,
      Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sayler,
      Schaefer(Schaefer), Shepherd, Shirley, Skippen, Smith(30), Smith(24),
      Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Wood
      NAYS -- Barrett, Crow, Harwood, Kulczyk, McGeachin, McKague, Nielsen,
      Sali
      Absent and excused -- Bradford, Mr. Speaker
    Floor Sponsor - Black
    Title apvd - to Senate
02/07    Senate intro - 1st rdg - to Com/HuRes
03/10    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/14    3rd rdg - PASSED - 29-3-3
      AYES -- Andreason(Rouse), Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Gannon, Geddes, Goedde, Hill,
      Ingram, Kennedy, Keough, Little, Lodge, Malepeai, McWilliams, Noh,
      Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Werk,
      Williams
      NAYS -- Bailey, McKenzie, Sweet
      Absent and excused -- Davis, Marley, Noble
    Floor Sponsors - Goedde & Werk
    Title apvd - to House
03/17    To enrol
03/19    Rpt enrol - Sp signed
03/20    Pres signed
03/21    To Governor
03/27    Governor signed
         Session Law Chapter 134
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 134
                                                                        
                                   BY BUSINESS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO COMMERCIAL TRANSACTIONS; AMENDING  THE  HEADING  FOR  CHAPTER  50,
  3        TITLE  28,  AS ADDED BY SECTION 1, CHAPTER 422, LAWS OF 2000; AND AMENDING
  4        CHAPTER 51, TITLE 28, IDAHO  CODE,  BY  THE  ADDITION  OF  A  NEW  SECTION
  5        28-51-103,  IDAHO CODE, TO PROVIDE RESTRICTIONS ON THE INFORMATION PRINTED
  6        ON RECEIPTS FOR PAYMENT CARD TRANSACTIONS AND TO PROVIDE PENALTIES.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That the heading for Chapter 50,  Title  28,  Idaho  Code,  as
  9    added  by  Section  1,  Chapter  422, Laws of 2000, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11                                     CHAPTER 501
 12                                    IDENTITY THEFT
                                                                        
 13        SECTION 2.  That Chapter 51, Title 28, Idaho Code, be,  and  the  same  is
 14    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 15    ignated as Section 28-51-103, Idaho Code, and to read as follows:
                                                                        
 16        28-51-103.  PAYMENT CARD RECEIPTS. (1) As used in this section, the term:
 17        (a)  "Cardholder" means a person or organization named on the  face  of  a
 18        payment card to whom or for whose benefit the payment card is issued.
 19        (b)  "Merchant"  means  a  person  or  organization  who  receives  from a
 20        cardholder a payment card, or information from  a  payment  card,  as  the
 21        instrument for obtaining, purchasing, or receiving goods, services, money,
 22        or anything else of value from the person or organization.
 23        (c)  "Payment  card"  means a credit card, charge card, debit card, or any
 24        other card that is issued to a cardholder and that allows  the  cardholder
 25        to  obtain,  purchase, or receive goods, services, money, or anything else
 26        of value from a merchant.
 27        (2)  A merchant who accepts a payment card for the transaction of business
 28    may not print more than the last five (5) digits of the payment card's account
 29    number or print the payment card's expiration date on a  receipt  provided  to
 30    the  cardholder.  This subsection does not apply to a transaction in which the
 31    sole means of recording the payment card's account number or  expiration  date
 32    is by handwriting or by an imprint or copy of the payment card. Effective Jan-
 33    uary  1,  2004,  this  section applies to all receipts that are electronically
 34    printed using a cash register or other machine or device that is first used on
 35    or after July 1, 2003. Effective January 1, 2005, this section applies to  all
 36    receipts that are electronically printed, including those printed using a cash
 37    register or other machine or device that is first used before July 1, 2003.
 38        (3)  A merchant who violates this section shall be subject to a civil pen-
 39    alty of not more than two hundred fifty dollars ($250) for the first violation
 40    and  one  thousand  dollars  ($1,000) for a second or subsequent violation. An
 41    action to recover the civil penalty may be brought by a prosecuting  attorney.
                                                                        
                                           2
                                                                        
  1    If  the  prosecuting attorney does not file an action for such a civil penalty
  2    within sixty (60) days  from  the  date  the  violation  is  reported  by  the
  3    cardholder  whose payment card number was printed on a receipt in violation of
  4    this section, the cardholder may file such action. Venue for an  action  under
  5    this  section  shall be in the county in which the transaction occurred or the
  6    county in which the cardholder resides or the county in which the merchant has
  7    its principal place of business in this state.
  8        The penalties provided in this section are in addition to any other remedy
  9    at law or equity available to a cardholder.
 10        Any civil penalty imposed pursuant to this section shall be  deposited  in
 11    the state general fund. Attorney's fees shall be paid solely to the party suc-
 12    cessfully bringing the action.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE
                                 
                             RS 12588
                                 
                                 
The purpose of this legislation is to assure a greater degree of
privacy for credit card users by limiting the amount of information
that is allowed to be printed on the credit card transaction
receipt. The bill states that the merchant may not print more than
the last five (5) digits of the account number or may print the
payment card s expiration date on a receipt provided to the
cardholder.





                           FISCAL IMPACT
                                 
There is no impact to the General Fund.






                  Contact:   Rep. Max Black
                           208-332-1139
                  
                  
         STATEMENT OF PURPOSE/FISCAL NOTE                        H134