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 ENROLLED ACT No. 1084
AN ACT to amend the Indiana Code concerning trade regulation.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 2-3-10-2, AS ADDED BY P.L.181-2017,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2. A member of the general assembly who
(1) possesses a valid Indiana license to carry a handgun; and
(2) is otherwise permitted to possess a handgun;
is not prohibited under state or federal law from possessing a
handgun has the right to carry a handgun within the state capitol
building and on the property of the state capitol complex.
SECTION 2. IC 2-3-10-3, AS ADDED BY P.L.181-2017,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3. (a) Subject to governing authority rules and
policies concerning personnel practices, a member of the professional
staff of the general assembly who
(1) possesses a valid Indiana license to carry a handgun; and
(2) is otherwise permitted to possess a handgun;
is not prohibited under state or federal law from possessing a
handgun has the right to carry a handgun within the state capitol
building and on the property of the state capitol complex.
(b) A member of the Indiana lobby registration commission
established under IC 2-7-1.6-1 who
(1) possesses a valid Indiana license to carry a handgun; and
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(2) is otherwise permitted to possess a handgun;
is not prohibited under state or federal law from possessing a
handgun has the right to carry a handgun within the state capitol
building and on the property of the state capitol complex.
SECTION 3. IC 4-2-9 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]:
Chapter 9. Handguns
Sec. 1. As used in this chapter, "state officer" means an
individual who holds one (1) of the following elected offices:
(1) Attorney general.
(2) Secretary of state.
(3) State comptroller.
(4) Treasurer of state.
Sec. 2. A state officer who is not prohibited from possessing a
handgun under state or federal law has the right to carry a
handgun within the state capitol building and on the property of
the state capitol complex.
SECTION 4. IC 24-5-27.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
OCTOBER 1, 2024]:
Chapter 27.5. Privacy of Firearms Financial Transactions
Sec. 1. (a) This chapter applies to a payment card transaction
that is initiated after September 30, 2024, at a firearms retailer
that is physically located in Indiana.
(b) This chapter does not apply to a payment card transaction
that is initiated at a firearms retailer's physical location outside
Indiana regardless of whether the:
(1) purchaser in the payment card transaction is an Indiana
consumer; or
(2) firearms retailer has at least one (1) physical location in
Indiana.
Sec. 2. As used in this chapter, "affiliate" means any person who
directly or indirectly:
(1) controls;
(2) is controlled by; or
(3) is under the common control of;
another person.
Sec. 3. As used in this chapter, "credit card" means any:
(1) card;
(2) plate; or
(3) other single credit device;
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that may be used from time to time to obtain credit (as defined in
12 CFR 1026.2(a)(14)).
Sec. 4. As used in this chapter, "debit card" means any:
(1) card;
(2) plate; or
(3) other single device;
that may be used from time to time to access an asset account,
regardless of whether authorization for the debit is based on a
signature, a personal identification number, or other means.
Sec. 5. As used in this chapter, "disclose", with respect to
protected financial information, means to transfer, publish, or
distribute the protected financial information to another person for
any purpose other than to:
(1) process, facilitate, or service a payment card transaction;
(2) take any action related to:
(A) dispute processing;
(B) fraud management; or
(C) protecting the integrity of the transaction with respect
to:
(i) illegal activity;
(ii) security breaches; or
(iii) cyber risks;
with respect to a payment card transaction; or
(3) manage a loyalty or rewards program related to a
payment card transaction.
Sec. 6. As used in this chapter, "financial institution" means any
bank, trust company, corporate fiduciary, savings association,
credit union, savings bank, bank of discount and deposit, or
industrial loan and investment company organized or reorganized
under Indiana law, the law of another state (as defined in
IC 28-2-17-19), or United States law.
Sec. 7. (a) As used in this chapter, "financial services provider"
means any of the following that is involved in facilitating or
processing a payment card transaction, as appropriate in the
context:
(1) A financial institution.
(2) A person engaged in money transmission in Indiana under
IC 28-8-4.1.
(3) A payment card issuer.
(4) A payment card network.
(5) A merchant acquirer.
(b) The term includes an:
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(1) affiliate;
(2) officer;
(3) agent; or
(4) employee;
of a person listed in subsection (a).
Sec. 8. As used in this chapter, "firearm" includes the following:
(1) A firearm (as defined in IC 34-12-3-1).
(2) Ammunition for use in a firearm.
(3) Firearm components.
(4) Firearm accessories.
Sec. 9. As used in this chapter, "firearms code" means a
merchant category code approved by the International
Organization for Standardization specifically for firearms
retailers.
Sec. 10. As used in this chapter, "firearms retailer" means any
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.
Sec. 11. (a) As used in this chapter, "governmental entity"
means any of the following:
(1) The state.
(2) A state agency (as defined in IC 1-1-15-3).
(3) A political subdivision (as defined in IC 36-1-2-13) or an
instrumentality of a political subdivision (as defined in
IC 36-1-2-13).
(b) The term includes an:
(1) official;
(2) agent; or
(3) employee;
of an entity listed in subsection (a).
Sec. 12. As used in this chapter, "Indiana consumer" means a:
(1) natural person whose principal residence is in Indiana; or
(2) person, other than a natural person, that is domiciled in
Indiana.
Sec. 13. As used in this chapter, "merchant acquirer" means a
person that establishes a relationship with a merchant to enable the
processing of payment card transactions by collecting funds from
the payment card issuer in the transaction and depositing them in
the merchant's account.
Sec. 14. As used in this chapter, "payment card" means:
(1) a credit card;
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(2) a debit card; or
(3) another device that may be used to carry out debit or
credit transactions.
Sec. 15. As used in this chapter, "payment card issuer" means
a:
(1) lender, including a financial institution; or
(2) merchant;
that receives applications for and issues payment cards to
consumers.
Sec. 16. As used in this chapter, "payment card network" means
an entity that directly, or through licensed members, processors,
or agents, provides the proprietary services, infrastructure, and
software that:
(1) route information and data to conduct debit card or credit
card transaction authorization, clearance, and settlement; and
(2) a merchant or seller uses in order to accept as a form of
payment a brand of:
(A) debit card;
(B) credit card; or
(C) another device that may be used to carry out debit or
credit transactions.
Sec. 17. As used in this chapter, "payment card transaction"
means a transaction in which a consumer uses a payment card to
purchase or obtain goods, services, money, or any other thing of
value.
Sec. 18. As used in this chapter, "person" means:
(1) a natural person; or
(2) an organization, including a corporation, a partnership, a
proprietorship, an association, a cooperative, an estate, or a
trust.
Sec. 19. As used in this chapter, "protected financial
information" means any record of a:
(1) sale;
(2) purchase;
(3) return; or
(4) refund;
that is made or processed with a payment card and that is
retrieved, characterized, generated, labeled, sorted, or grouped
based solely on the assignment of a firearms code.
Sec. 20. (a) Except as provided in subsection (b), or as otherwise
required by law, a governmental entity or any other person, public
or private, shall not knowingly or willfully keep or cause to be kept
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any:
(1) list, record, or registry of privately owned firearms; or
(2) list, record, or registry of the owners of firearms;
with respect to Indiana consumers.
(b) Subsection (a) does not apply with respect to the following:
(1) Records kept during the regular course of a criminal
investigation or prosecution.
(2) Records kept by the owner of privately owned firearms.
(3) Records kept in the regular course of business by a
firearms retailer.
(4) Information submitted to a law enforcement agency in
connection with an application for a license to carry a
handgun under IC 35-47-2-3, subject to the limitations set
forth in IC 35-47-2-3(n) and IC 35-47-2-3(o).
Sec. 21. In a payment card transaction, a merchant acquirer or
payment card network may not:
(1) assign; or
(2) require the assignment of;
a firearms code in a way that distinguishes a firearms retailer with
at least one (1) physical location in Indiana from general
merchandise retailers or sporting goods retailers.
Sec. 22. (a) Except as provided in subsection (b), a financial
services provider may not decline or otherwise refuse to process a
lawful payment card transaction based solely on the assignment or
nonassignment of a firearms code to the payment card transaction.
(b) A financial services provider may decline or otherwise refuse
to process a lawful payment card transaction involving a firearms
retailer on the basis of the assignment or nonassignment of a
firearms code:
(1) at the request of the consumer;
(2) in accordance with:
(A) fraud controls; or
(B) merchant category exclusions offered by a financial
services provider for the purpose of expenditure control or
corporate card control;
applicable to the payment card involved in the payment card
transaction; or
(3) for purposes of restricting the use or availability of a
firearms code in Indiana.
Sec. 23. Except as otherwise required or permitted by law or
regulation, a financial services provider may not disclose a
financial record that:
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(1) is related to a payment card transaction; and
(2) includes protected financial information, including a
firearms code that was used, collected, or assigned in violation
of this chapter.
Sec. 24. With respect to a payment card transaction, this
chapter may not be construed to:
(1) limit the ability of a financial services provider to
negotiate with responsible parties; or
(2) otherwise impair a financial services provider's actions;
related to dispute processing, fraud management, or protecting the
integrity of the payment card transaction with respect to illegal
activity, security breaches, or cyber risks.
Sec. 25. (a) Except as provided in subsection (b), 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.
(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.
HEA 1084 — CC 1 Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
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