*HB1084.1*
January 25, 2024
HOUSE BILL No. 1084
_____
DIGEST OF HB 1084 (Updated January 25, 2024 10:06 am - DI 101)
Citations Affected: IC 24-5.
Synopsis: Privacy of firearms financial transactions. Prohibits a
governmental entity or any other person from knowingly or willfully
keeping any list, record, or registry of: (1) privately owned firearms; or
(2) the owners of firearms; with respect to Indiana consumers. Defines
a "firearms code" as a merchant category code approved by the
International Organization for Standardization specifically for firearms
retailers. Provides that in a payment card transaction, a merchant
acquirer or a payment card network may not: (1) use; or (2) require the
use of; a firearms code in a way that distinguishes a firearms retailer
with at least one physical location in Indiana from general merchandise
retailers or sporting goods retailers. Prohibits a financial services
provider from declining or otherwise refusing to process a lawful
payment card transaction based solely on the assignment or
nonassignment of a firearms code to the payment card transaction.
Prohibits a financial services provider from disclosing a financial
record that: (1) is related to a payment card transaction; and (2)
includes protected financial information, including a firearms code
(Continued next page)
Effective: July 1, 2024.
Teshka, Manning, Haggard, Speedy
January 8, 2024, read first time and referred to Committee on Financial Institutions.
January 25, 2024, amended, reported — Do Pass.
HB 1084—LS 6643/DI 101 Digest Continued
used, collected, or assigned in violation of the bill's provisions.
Specifies that the bill's provisions apply only to a payment card
transaction that is initiated after June 30, 2024, at a firearms retailer
that is physically located in Indiana. Requires the attorney general,
upon receiving notice of an alleged violation of the bill's provisions
from: (1) a firearms retailer whose business is the subject of the alleged
violation; or (2) an Indiana consumer involved in a payment card
transaction that is the subject of the alleged violation; to investigate the
alleged violation and, upon finding a violation, to provide written
notice to any person, public or private, found to be in violation.
Provides that upon receiving a written notice from the attorney general
of a violation, a person has 30 calendar days to cease the violation.
Requires the attorney general to seek injunctive relief in a court having
jurisdiction for continued violations of the bill's provisions. Provides
that if a person violates an injunction issued by a court, the attorney
general shall petition the issuing court for a civil penalty not to exceed
$10,000 per violation of the injunction. Sets forth certain factors that
a court must consider in determining the amount of the civil penalty.
Specifies that the remedies set forth in the bill are the exclusive
remedies for a violation of the bill's provisions.
HB 1084—LS 6643/DI 101HB 1084—LS 6643/DI 101 January 25, 2024
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1084
A BILL FOR AN ACT to amend the Indiana Code concerning trade
regulation.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 24-5-27.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]:
4 Chapter 27.5. Privacy of Firearms Financial Transactions
5 Sec. 1. (a) This chapter applies to a payment card transaction
6 that is initiated after June 30, 2024, at a firearms retailer that is
7 physically located in Indiana.
8 (b) This chapter does not apply to a payment card transaction
9 that is initiated at a firearms retailer's physical location outside
10 Indiana regardless of whether the:
11 (1) purchaser in the payment card transaction is an Indiana
12 consumer; or
13 (2) firearms retailer has at least one (1) physical location in
14 Indiana.
15 Sec. 2. As used in this chapter, "affiliate" means any person who
HB 1084—LS 6643/DI 101 2
1 directly or indirectly:
2 (1) controls;
3 (2) is controlled by; or
4 (3) is under the common control of;
5 another person.
6 Sec. 3. As used in this chapter, "credit card" means any:
7 (1) card;
8 (2) plate; or
9 (3) other single credit device;
10 that may be used from time to time to obtain credit (as defined in
11 12 CFR 1026.2(a)(14)).
12 Sec. 4. As used in this chapter, "debit card" means any:
13 (1) card;
14 (2) plate; or
15 (3) other single device;
16 that may be used from time to time to access an asset account,
17 regardless of whether authorization for the debit is based on a
18 signature, a personal identification number, or other means.
19 Sec. 5. As used in this chapter, "disclose", with respect to
20 protected financial information, means to transfer, publish, or
21 distribute the protected financial information to another person for
22 any purpose other than to:
23 (1) process or facilitate a payment card transaction;
24 (2) take any action related to:
25 (A) dispute processing;
26 (B) fraud management; or
27 (C) protecting the integrity of the transaction with respect
28 to:
29 (i) illegal activity;
30 (ii) security breaches; or
31 (iii) cyber risks;
32 with respect to a payment card transaction; or
33 (3) manage a loyalty or rewards program related to a
34 payment card transaction.
35 Sec. 6. As used in this chapter, "financial institution" means any
36 bank, trust company, corporate fiduciary, savings association,
37 credit union, savings bank, bank of discount and deposit, or
38 industrial loan and investment company organized or reorganized
39 under Indiana law, the law of another state (as defined in
40 IC 28-2-17-19), or United States law.
41 Sec. 7. (a) As used in this chapter, "financial services provider"
42 means any of the following that is involved in facilitating or
HB 1084—LS 6643/DI 101 3
1 processing a payment card transaction, as appropriate in the
2 context:
3 (1) A financial institution.
4 (2) A person engaged in money transmission in Indiana under
5 IC 28-8-4.1.
6 (3) A payment card issuer.
7 (4) A payment card network.
8 (5) A merchant acquirer.
9 (b) The term includes an:
10 (1) affiliate;
11 (2) officer;
12 (3) agent; or
13 (4) employee;
14 of a person listed in subsection (a).
15 Sec. 8. As used in this chapter, "firearm" includes the following:
16 (1) A firearm (as defined in IC 34-12-3-1).
17 (2) Ammunition for use in a firearm.
18 (3) Firearm components.
19 (4) Firearm accessories.
20 Sec. 9. As used in this chapter, "firearms code" means a
21 merchant category code approved by the International
22 Organization for Standardization specifically for firearms
23 retailers.
24 Sec. 10. As used in this chapter, "firearms retailer" means any
25 person that:
26 (1) is engaged in the lawful business of selling or trading
27 firearms; and
28 (2) has at least one (1) physical location in Indiana.
29 Sec. 11. (a) As used in this chapter, "governmental entity"
30 means any of the following:
31 (1) The state.
32 (2) A state agency (as defined in IC 1-1-15-3).
33 (3) A political subdivision (as defined in IC 36-1-2-13) or an
34 instrumentality of a political subdivision (as defined in
35 IC 36-1-2-13).
36 (b) The term includes an:
37 (1) official;
38 (2) agent; or
39 (3) employee;
40 of an entity listed in subsection (a).
41 Sec. 12. As used in this chapter, "Indiana consumer" means a:
42 (1) natural person whose principal residence is in Indiana; or
HB 1084—LS 6643/DI 101 4
1 (2) person, other than a natural person, that is domiciled in
2 Indiana.
3 Sec. 13. As used in this chapter, "merchant acquirer" means a
4 person that establishes a relationship with a merchant to enable the
5 processing of payment card transactions by collecting funds from
6 the payment card issuer in the transaction and depositing them in
7 the merchant's account.
8 Sec. 14. As used in this chapter, "payment card" means:
9 (1) a credit card;
10 (2) a debit card; or
11 (3) another device that may be used to carry out debit or
12 credit transactions.
13 Sec. 15. As used in this chapter, "payment card issuer" means
14 a:
15 (1) lender, including a financial institution; or
16 (2) merchant;
17 that receives applications for and issues payment cards to
18 consumers.
19 Sec. 16. As used in this chapter, "payment card network" means
20 an entity that directly, or through licensed members, processors,
21 or agents, provides the proprietary services, infrastructure, and
22 software that:
23 (1) route information and data to conduct debit card or credit
24 card transaction authorization, clearance, and settlement; and
25 (2) a merchant or seller uses in order to accept as a form of
26 payment a brand of:
27 (A) debit card;
28 (B) credit card; or
29 (C) another device that may be used to carry out debit or
30 credit transactions.
31 Sec. 17. As used in this chapter, "payment card transaction"
32 means a transaction in which a consumer uses a payment card to
33 purchase or obtain goods, services, money, or any other thing of
34 value.
35 Sec. 18. As used in this chapter, "person" means:
36 (1) a natural person; or
37 (2) an organization, including a corporation, a partnership, a
38 proprietorship, an association, a cooperative, an estate, or a
39 trust.
40 Sec. 19. As used in this chapter, "protected financial
41 information" means any record of a:
42 (1) sale;
HB 1084—LS 6643/DI 101 5
1 (2) purchase;
2 (3) return; or
3 (4) refund;
4 that is made or processed with a payment card and that is
5 retrieved, characterized, generated, labeled, sorted, or grouped
6 based on the assignment of a firearms code.
7 Sec. 20. (a) Except as provided in subsection (b), or as otherwise
8 required by law, a governmental entity or any other person, public
9 or private, shall not knowingly or willfully keep or cause to be kept
10 any:
11 (1) list, record, or registry of privately owned firearms; or
12 (2) list, record, or registry of the owners of firearms;
13 with respect to Indiana consumers.
14 (b) Subsection (a) does not apply with respect to the following:
15 (1) Records kept during the regular course of a criminal
16 investigation or prosecution.
17 (2) Records kept by the owner of privately owned firearms.
18 (3) Information submitted to a law enforcement agency in
19 connection with an application for a license to carry a
20 handgun under IC 35-47-2-3, subject to the limitations set
21 forth in IC 35-47-2-3(n) and IC 35-47-2-3(o).
22 Sec. 21. In a payment card transaction, a merchant acquirer or
23 payment card network may not:
24 (1) use; or
25 (2) require the use of;
26 a firearms code in a way that distinguishes a firearms retailer with
27 at least one (1) physical location in Indiana from general
28 merchandise retailers or sporting goods retailers.
29 Sec. 22. (a) Except as provided in subsection (b), a financial
30 services provider may not decline or otherwise refuse to process a
31 lawful payment card transaction based solely on the assignment or
32 nonassignment of a firearms code to the payment card transaction.
33 (b) A financial services provider may decline or otherwise refuse
34 to process a lawful payment card transaction involving a firearms
35 retailer on the basis of the assignment or nonassignment of a
36 firearms code:
37 (1) at the request of the consumer;
38 (2) in accordance with:
39 (A) fraud controls; or
40 (B) merchant category exclusions offered by a financial
41 services provider for the purpose of expenditure control or
42 corporate card control;
HB 1084—LS 6643/DI 101 6
1 applicable to the payment card involved in the payment card
2 transaction; or
3 (3) for purposes of restricting the use or availability of a
4 firearms code in Indiana.
5 Sec. 23. Except as otherwise required by law, a financial services
6 provider may not disclose a financial record that:
7 (1) is related to a payment card transaction; and
8 (2) includes protected financial information, including a
9 firearms code that was used, collected, or assigned in violation
10 of this chapter.
11 Sec. 24. With respect to a payment card transaction, this
12 chapter may not be construed to:
13 (1) limit the ability of a financial services provider to
14 negotiate with responsible parties; or
15 (2) otherwise impair a financial services provider's actions;
16 related to dispute processing, fraud management, or protecting the
17 integrity of the payment card transaction with respect to illegal
18 activity, security breaches, or cyber risks.
19 Sec. 25. (a) The attorney general shall, upon receiving notice of
20 an alleged violation of this chapter from:
21 (1) a firearms retailer whose business is the subject of the
22 alleged violation with respect to a payment card transaction;
23 or
24 (2) an Indiana consumer involved in a payment card
25 transaction that is the subject of the alleged violation;
26 investigate the alleged or suspected violation. If the attorney
27 determines that a violation has occurred, the attorney general shall
28 provide written notice to any person, public or private, found to be
29 in violation of this chapter. Upon receiving a written notice from
30 the attorney general under this subsection, a person has thirty (30)
31 calendar days from the date of receipt to cease the violation of this
32 chapter.
33 (b) If a person found to be in violation of this chapter fails to
34 cease the violation within the thirty (30) day period set forth in
35 subsection (a), the attorney general shall seek, in a court having
36 jurisdiction, injunctive relief against the person. If the court finds
37 that the person continues to be in violation of this chapter after the
38 thirty (30) day period set forth in subsection (a), the court shall
39 enjoin the person from continuing the activity found to be in
40 violation of this chapter.
41 (c) If an injunction is issued under subsection (b), and the
42 person subject to the injunction knowingly or willfully fails to
HB 1084—LS 6643/DI 101 7
1 comply with the injunction within thirty (30) calendar days after
2 being served with the injunction, the attorney general shall petition
3 the issuing court for, and may recover on behalf of the state, a civil
4 penalty not to exceed ten thousand dollars ($10,000) per violation
5 of the injunction that occurs after the thirty (30) day period
6 described in this subsection. In determining the amount of a civil
7 penalty under this subsection, the court shall consider:
8 (1) the financial resources of the person found to be in
9 violation;
10 (2) the harm or risk of harm to an Indiana consumer's rights
11 or to a firearms retailer's rights, as applicable, under:
12 (A) the Second Amendment to the Constitution of the
13 United States; or
14 (B) Article 1, Section 32 of the Constitution of the State of
15 Indiana; and
16 (3) any other factor considered relevant by the court.
17 The attorney general is entitled to recover, in addition to the civil
18 penalty under this subsection, the attorney general's investigative
19 costs and reasonable attorney's fees. However, an order assessing
20 a civil penalty under this subsection shall be stayed pending an
21 appeal of the order.
22 (d) The remedies set forth in this section are the exclusive
23 remedies for a violation of this chapter.
HB 1084—LS 6643/DI 101 8
COMMITTEE REPORT
Mr. Speaker: Your Committee on Financial Institutions, to which
was referred House Bill 1084, has had the same under consideration
and begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
Page 1, line 6, delete "2024:" and insert "2024, at a firearms
retailer that is physically located in Indiana.".
Page 1, delete lines 7 through 15.
Page 2, delete lines 1 through 5.
Page 2, line 36, delete "or".
Page 3, line 3, delete "transaction." and insert "transaction; or
(3) manage a loyalty or rewards program related to a
payment card transaction.".
Page 3, line 35, after "any" insert "person that:
(1) is engaged in the lawful business of selling or trading
firearms; and
(2) has at least one (1) physical location in Indiana.".
Page 3, delete lines 36 through 37.
Page 6, line 4, delete "or".
Page 6, line 11, delete "transaction." and insert "transaction; or
(3) for purposes of restricting the use or availability of a
firearms code in Indiana.".
Page 6, line 26, delete "upon:" and insert "upon receiving notice of
an alleged violation of this chapter from:
(1) a firearms retailer whose business is the subject of the
alleged violation with respect to a payment card transaction;
or
(2) an Indiana consumer involved in a payment card
transaction that is the subject of the alleged violation;".
Page 6, delete lines 27 through 38.
and when so amended that said bill do pass.
(Reference is to HB 1084 as introduced.)
SPEEDY
Committee Vote: yeas 9, nays 4.
HB 1084—LS 6643/DI 101