*EH1084.2*
Reprinted
February 27, 2024
ENGROSSED
HOUSE BILL No. 1084
_____
DIGEST OF HB 1084 (Updated February 26, 2024 2:37 pm - 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) assign; or (2) require
the assignment of; a firearms code in a way that distinguishes a
(Continued next page)
Effective: October 1, 2024.
Teshka, Manning, Haggard, Speedy
(SENATE SPONSORS — BALDWIN, JOHNSON T, DORIOT, MESSMER,
FREEMAN, GASKILL, TOMES)
January 8, 2024, read first time and referred to Committee on Financial Institutions.
January 25, 2024, amended, reported — Do Pass.
January 29, 2024, read second time, ordered engrossed. Engrossed.
January 30, 2024, read third time, passed. Yeas 73, nays 22.
SENATE ACTION
February 12, 2024, read first time and referred to Committee on Insurance and Financial
Institutions.
February 22, 2024, amended, reported favorably — Do Pass.
February 26, 2024, read second time, amended, ordered engrossed.
EH 1084—LS 6643/DI 101 Digest Continued
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
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 September 30, 2024, at a firearms
retailer that is physically located in Indiana. Provides that the
applicable primary financial regulator with jurisdiction over a financial
services provider subject to the bill's provisions is responsible for
enforcing the financial services provider's compliance with those
provisions. Provides that, with respect to any person that is not a
financial services provider subject to regulation by a financial
regulator, the attorney general is responsible for enforcing the bill's
prohibition against knowingly or willfully keeping any list, record, or
registry of: (1) privately owned firearms; or (2) the owners of firearms.
Provides that upon receiving notice of an alleged violation of this
prohibition, the attorney general shall investigate the alleged violation
in accordance with the attorney general's investigative demand
procedures, subject to the statutory confidentiality provisions that apply
to such procedures.
EH 1084—LS 6643/DI 101EH 1084—LS 6643/DI 101 Reprinted
February 27, 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.
ENGROSSED
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 OCTOBER 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 September 30, 2024, at a firearms retailer
7 that is 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
EH 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, facilitate, or service 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
EH 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
EH 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;
EH 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 solely 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) Records kept in the regular course of business by a
19 firearms retailer.
20 (4) Information submitted to a law enforcement agency in
21 connection with an application for a license to carry a
22 handgun under IC 35-47-2-3, subject to the limitations set
23 forth in IC 35-47-2-3(n) and IC 35-47-2-3(o).
24 Sec. 21. In a payment card transaction, a merchant acquirer or
25 payment card network may not:
26 (1) assign; or
27 (2) require the assignment of;
28 a firearms code in a way that distinguishes a firearms retailer with
29 at least one (1) physical location in Indiana from general
30 merchandise retailers or sporting goods retailers.
31 Sec. 22. (a) Except as provided in subsection (b), a financial
32 services provider may not decline or otherwise refuse to process a
33 lawful payment card transaction based solely on the assignment or
34 nonassignment of a firearms code to the payment card transaction.
35 (b) A financial services provider may decline or otherwise refuse
36 to process a lawful payment card transaction involving a firearms
37 retailer on the basis of the assignment or nonassignment of a
38 firearms code:
39 (1) at the request of the consumer;
40 (2) in accordance with:
41 (A) fraud controls; or
42 (B) merchant category exclusions offered by a financial
EH 1084—LS 6643/DI 101 6
1 services provider for the purpose of expenditure control or
2 corporate card control;
3 applicable to the payment card involved in the payment card
4 transaction; or
5 (3) for purposes of restricting the use or availability of a
6 firearms code in Indiana.
7 Sec. 23. Except as otherwise required or permitted by law or
8 regulation, a financial services provider may not disclose a
9 financial record that:
10 (1) is related to a payment card transaction; and
11 (2) includes protected financial information, including a
12 firearms code that was used, collected, or assigned in violation
13 of this chapter.
14 Sec. 24. With respect to a payment card transaction, this
15 chapter may not be construed to:
16 (1) limit the ability of a financial services provider to
17 negotiate with responsible parties; or
18 (2) otherwise impair a financial services provider's actions;
19 related to dispute processing, fraud management, or protecting the
20 integrity of the payment card transaction with respect to illegal
21 activity, security breaches, or cyber risks.
22 Sec. 25. (a) Except as provided in subsection (b), the applicable
23 primary financial regulator with jurisdiction over a financial
24 services provider subject to this chapter is responsible for
25 enforcing the financial services provider's compliance with this
26 chapter.
27 (b) The attorney general is responsible for enforcing section 20
28 of this chapter with respect to any person that is not a financial
29 services provider subject to regulation under subsection (a). Upon
30 receiving notice of an alleged violation of section 20 of this chapter,
31 the attorney general shall investigate the alleged violation in
32 accordance with IC 4-6-3-3, subject to the confidentiality
33 provisions set forth in IC 4-6-3-9. However, in any investigation
34 under this subsection, the attorney general may not require any
35 person to:
36 (1) produce documentary material that includes;
37 (2) answer under oath and in writing written interrogatories
38 concerning; or
39 (3) appear and testify under oath concerning;
40 protected financial information (as defined in section 19 of this
41 chapter). If the attorney determines that a violation of section 20
42 of this chapter has occurred, the attorney general shall provide
EH 1084—LS 6643/DI 101 7
1 written notice to the person found to be in violation. Upon
2 receiving written notice from the attorney general under this
3 subsection, a person has thirty (30) calendar days from the date of
4 receipt to cease the violation. If the person fails to cease the
5 violation within the thirty (30) day period set forth in this
6 subsection, the attorney general may seek, in a court having
7 jurisdiction, injunctive relief, a civil penalty not to exceed ten
8 thousand dollars ($10,000) per violation, costs, expert fees, and
9 reasonable attorney's fees.
EH 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.
EH 1084—LS 6643/DI 101 9
COMMITTEE REPORT
Madam President: The Senate Committee on Insurance and
Financial Institutions, to which was referred House Bill No. 1084, has
had the same under consideration and begs leave to report the same
back to the Senate with the recommendation that said bill be
AMENDED as follows:
Replace the effective date in SECTION 1 with "[EFFECTIVE
OCTOBER 1, 2024]".
Page 1, line 6, delete "June" and insert "September".
Page 2, line 23, delete "process or facilitate a" and insert "process,
facilitate, or service a consumer's".
Page 5, line 6, after "based" insert "solely".
Page 5, line 24, delete "use;" and insert "assign;".
Page 5, line 25, delete "use" and insert "assignment".
Page 6, line 19, delete "(a) The attorney general shall, upon
receiving notice of" and insert "The applicable primary financial
regulator with jurisdiction over a financial services provider
subject to this chapter is responsible for enforcing the financial
services provider's compliance with this chapter.".
Page 6, delete lines 20 through 42.
Delete page 7.
and when so amended that said bill do pass.
(Reference is to HB 1084 as printed January 25, 2024.)
BALDWIN, Chairperson
Committee Vote: Yeas 6, Nays 2.
_____
SENATE MOTION
Madam President: I move that Engrossed House Bill 1084 be
amended to read as follows:
Page 2, line 23, delete "consumer's".
Page 6, line 6, delete "by law," and insert "or permitted by law or
regulation,".
(Reference is to EHB 1084 as printed February 23, 2024.)
BALDWIN
EH 1084—LS 6643/DI 101 10
SENATE MOTION
Madam President: I move that Engrossed House Bill 1084 be
amended to read as follows:
Page 5, between lines 18 and 19, begin a new line block indented
and insert:
"(3) Records kept in the regular course of business by a
firearms retailer.".
Page 5, line 19, delete "(3)" and insert "(4)".
Page 6, line 20, delete "The" and insert "(a) Except as provided in
subsection (b), the".
Page 6, after line 23, begin a new paragraph and insert:
"(b) The attorney general is responsible for enforcing section 20
of this chapter with respect to any person that is not a financial
services provider subject to regulation under subsection (a). Upon
receiving notice of an alleged violation of section 20 of this chapter,
the attorney general shall investigate the alleged violation in
accordance with IC 4-6-3-3, subject to the confidentiality
provisions set forth in IC 4-6-3-9. However, in any investigation
under this subsection, the attorney general may not require any
person to:
(1) produce documentary material that includes;
(2) answer under oath and in writing written interrogatories
concerning; or
(3) appear and testify under oath concerning;
protected financial information (as defined in section 19 of this
chapter). If the attorney determines that a violation of section 20
of this chapter has occurred, the attorney general shall provide
written notice to the person found to be in violation. Upon
receiving written notice from the attorney general under this
subsection, a person has thirty (30) calendar days from the date of
receipt to cease the violation. If the person fails to cease the
violation within the thirty (30) day period set forth in this
subsection, the attorney general may seek, in a court having
jurisdiction, injunctive relief, a civil penalty not to exceed ten
thousand dollars ($10,000) per violation, costs, expert fees, and
reasonable attorney's fees.".
(Reference is to EHB 1084 as printed February 23, 2024.)
BALDWIN
EH 1084—LS 6643/DI 101