Senate File 228 - Introduced



                                       SENATE FILE       
                                       BY  GRONSTAL


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act to prohibit the printing of credit card numbers and
  2    expiration dates on sales receipts and providing a penalty.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2786SS 81
  5 kk/sh/8

PAG LIN



  1  1    Section 1.  Section 715A.6, Code 2005, is amended to read
  1  2 as follows:
  1  3    715A.6  CREDIT CARDS.
  1  4    1.  a.  A person commits a public offense by using a credit
  1  5 card for the purpose of obtaining property or services with
  1  6 knowledge of any of the following:
  1  7    a.  (1)  The credit card is stolen or forged.
  1  8    b.  (2)  The credit card has been revoked or canceled.
  1  9    c.  (3)  For any other reason the use of the credit card is
  1 10 unauthorized.
  1 11    b.  It is an affirmative defense to prosecution under
  1 12 paragraph "c" "a", subparagraph (3), if the person proves by a
  1 13 preponderance of the evidence that the person had the intent
  1 14 and ability to meet all obligations to the issuer arising out
  1 15 of the use of the credit card.
  1 16    2.  c.  An offense under this section subsection is a class
  1 17 "C" felony if the value of the property or services secured or
  1 18 sought to be secured by means of the credit card is greater
  1 19 than ten thousand dollars.  If the value of the property or
  1 20 services secured or sought to be secured by means of the
  1 21 credit card is greater than one thousand dollars but not more
  1 22 than ten thousand dollars, an offense under this section
  1 23 subsection is a class "D" felony, otherwise the offense is an
  1 24 aggravated misdemeanor.
  1 25    3.  d.  For purposes of this section subsection, the value
  1 26 of the property or services is the highest value of the
  1 27 property or services determined by any reasonable standard at
  1 28 the time the violation occurred.  Any reasonable standard
  1 29 includes but is not limited to market value within the
  1 30 community, actual value, or replacement value.  If property or
  1 31 services are secured by two or more acts from the same person
  1 32 or location, or from different persons by two or more acts
  1 33 which occur in approximately the same location or time period
  1 34 so that the acts are attributable to a single scheme, plan, or
  1 35 conspiracy, the acts may be considered as a single act and the
  2  1 value may be the total value of all property or services
  2  2 involved.
  2  3    2.  a.  A person that accepts payment by credit card shall
  2  4 not print more than the last four digits of the credit card
  2  5 account number and shall not print the credit card expiration
  2  6 date on any sales receipt issued to the cardholder.
  2  7    b.  A violation of this subsection constitutes a simple
  2  8 misdemeanor.
  2  9                           EXPLANATION
  2 10    This bill prohibits sellers from printing on sales receipts
  2 11 credit card expiration dates and credit card numbers except
  2 12 for the last four digits.  Violations are punishable as a
  2 13 simple misdemeanor.  A simple misdemeanor is punishable by
  2 14 confinement for no more than 30 days or a fine of at least $50
  2 15 but not more than $500 or by both.
  2 16 LSB 2786SS 81
  2 17 kk:rj/sh/8