HB 1832 Modifies provisions relating to merchandising practices

     Handler: Riddle

Current Bill Summary

- Prepared by Senate Research -


SS/SCS/HB 1832 - This act modifies provisions relating to merchandising practices.

SCRAP METAL RECORDS (Section 407.300) - Currently, every scrap metal dealer is required to keep a record of transactions involving certain types of materials. This act also requires that a record be kept for each transaction involving a motor vehicle, heavy equipment, or tractor battery.

This provision is identical to HB 1882 (2018).

AMERICAN INDIAN ART (Section 407.315) - This act prohibits merchants from selling articles represented as being made by American Indians unless such article is made by American Indians. Any merchant violating this act may be subject to a $25-$200 fine, 30-90 days in jail, or both.

This provision is substantially similar to HB 1384 (2018) and a provision contained in HCS/HB 1915 (2018).

CREDIT USER PROTECTION LAW (Sections 407.431-407.436) - Currently, no person, other than a cardholder, shall use a scanning device to access information encoded on the magnetic strip of a credit or debit card, or use a reencoder to place information encoded onto a magnetic stip without permission of the cardholder. Any person who violates such provisions is guilty of a Class E felony. This act repeals these provisions.

This act creates the offense of illegal use of a card scanner if the person uses a scanning device to obtain information stored on a credit card without the permission of the cardholder, credit card issuer, or merchant; possesses a scanning device with the intent to defraud or with the knowledge that some other person intends to use the device to defraud; uses a reencoder to copy a credit card without the permission of the cardholder and with the intent to defraud; or possesses a reencoder with the intent to defraud or with the knowledge that another person intends to use the reencoder to defraud. The offense of illegal use of a card scanner is a Class D felony for the first offense and any subsequent offense arising from a separate incident is a Class C felony.

This act also creates the offense of defacing a credit card reader if the person damages, defaces, alters, or destroys a scanning device and the person has no right to do so. The offense of defacing a credit card reader is a Class A misdemeanor.

This provision is similar to SB 959 (2018).

KAYLA HAHN


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