Missouri Senate

Perfected

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.

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).

SECURITY BREACH OF PERSONAL INFORMATION (Section 407.1500) - Currently, any person that owns or licenses personal information of Missouri residents shall provide notice to the affected consumer of a breach of security without unreasonable delay. This act instead provides that such notice be made within 30 days rather than without unreasonable delay.

KAYLA HAHN