Indiana 2024 Regular Session

Indiana House Bill HB1084 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1084.2
	2	+	Reprinted
	3	+	February 27, 2024
	4	+	ENGROSSED
	5	+	HOUSE BILL No. 1084
	6	+	_____
	7	+	DIGEST OF HB 1084 (Updated February 26, 2024 2:37 pm - DI 101)
	8	+	Citations Affected: IC 24-5.
	9	+	Synopsis: Privacy of firearms financial transactions. Prohibits a
	10	+	governmental entity or any other person from knowingly or willfully
	11	+	keeping any list, record, or registry of: (1) privately owned firearms; or
	12	+	(2) the owners of firearms; with respect to Indiana consumers. Defines
	13	+	a "firearms code" as a merchant category code approved by the
	14	+	International Organization for Standardization specifically for firearms
	15	+	retailers. Provides that in a payment card transaction, a merchant
	16	+	acquirer or a payment card network may not: (1) assign; or (2) require
	17	+	the assignment of; a firearms code in a way that distinguishes a
	18	+	(Continued next page)
	19	+	Effective: October 1, 2024.
	20	+	Teshka, Manning, Haggard, Speedy
	21	+	(SENATE SPONSORS — BALDWIN, JOHNSON T, DORIOT, MESSMER,
	22	+	FREEMAN, GASKILL, TOMES)
	23	+	January 8, 2024, read first time and referred to Committee on Financial Institutions.
	24	+	January 25, 2024, amended, reported — Do Pass.
	25	+	January 29, 2024, read second time, ordered engrossed. Engrossed.
	26	+	January 30, 2024, read third time, passed. Yeas 73, nays 22.
	27	+	SENATE ACTION
	28	+	February 12, 2024, read first time and referred to Committee on Insurance and Financial
	29	+	Institutions.
	30	+	February 22, 2024, amended, reported favorably — Do Pass.
	31	+	February 26, 2024, read second time, amended, ordered engrossed.
	32	+	EH 1084—LS 6643/DI 101 Digest Continued
	33	+	firearms retailer with at least one physical location in Indiana from
	34	+	general merchandise retailers or sporting goods retailers. Prohibits a
	35	+	financial services provider from declining or otherwise refusing to
	36	+	process a lawful payment card transaction based solely on the
	37	+	assignment or nonassignment of a firearms code to the payment card
	38	+	transaction. Prohibits a financial services provider from disclosing a
	39	+	financial record that: (1) is related to a payment card transaction; and
	40	+	(2) includes protected financial information, including a firearms code
	41	+	used, collected, or assigned in violation of the bill's provisions.
	42	+	Specifies that the bill's provisions apply only to a payment card
	43	+	transaction that is initiated after September 30, 2024, at a firearms
	44	+	retailer that is physically located in Indiana. Provides that the
	45	+	applicable primary financial regulator with jurisdiction over a financial
	46	+	services provider subject to the bill's provisions is responsible for
	47	+	enforcing the financial services provider's compliance with those
	48	+	provisions. Provides that, with respect to any person that is not a
	49	+	financial services provider subject to regulation by a financial
	50	+	regulator, the attorney general is responsible for enforcing the bill's
	51	+	prohibition against knowingly or willfully keeping any list, record, or
	52	+	registry of: (1) privately owned firearms; or (2) the owners of firearms.
	53	+	Provides that upon receiving notice of an alleged violation of this
	54	+	prohibition, the attorney general shall investigate the alleged violation
	55	+	in accordance with the attorney general's investigative demand
	56	+	procedures, subject to the statutory confidentiality provisions that apply
	57	+	to such procedures.
	58	+	EH 1084—LS 6643/DI 101EH 1084—LS 6643/DI 101 Reprinted
	59	+	February 27, 2024
1	60		Second Regular Session of the 123rd General Assembly (2024)
2	61		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	62		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	63		additions will appear in this style type, and deletions will appear in this style type.
5	64		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	65		provision adopted), the text of the new provision will appear in this style type. Also, the
7	66		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	67		a new provision to the Indiana Code or the Indiana Constitution.
9	68		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	69		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1084
12		-	AN ACT to amend the Indiana Code concerning trade regulation.
	70	+	ENGROSSED
	71	+	HOUSE BILL No. 1084
	72	+	A BILL FOR AN ACT to amend the Indiana Code concerning trade
	73	+	regulation.
13	74		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 2-3-10-2, AS ADDED BY P.L.181-2017,
15		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16		-	JULY 1, 2024]: Sec. 2. A member of the general assembly who
17		-	(1) possesses a valid Indiana license to carry a handgun; and
18		-	(2) is otherwise permitted to possess a handgun;
19		-	is not prohibited under state or federal law from possessing a
20		-	handgun has the right to carry a handgun within the state capitol
21		-	building and on the property of the state capitol complex.
22		-	SECTION 2. IC 2-3-10-3, AS ADDED BY P.L.181-2017,
23		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24		-	JULY 1, 2024]: Sec. 3. (a) Subject to governing authority rules and
25		-	policies concerning personnel practices, a member of the professional
26		-	staff of the general assembly who
27		-	(1) possesses a valid Indiana license to carry a handgun; and
28		-	(2) is otherwise permitted to possess a handgun;
29		-	is not prohibited under state or federal law from possessing a
30		-	handgun has the right to carry a handgun within the state capitol
31		-	building and on the property of the state capitol complex.
32		-	(b) A member of the Indiana lobby registration commission
33		-	established under IC 2-7-1.6-1 who
34		-	(1) possesses a valid Indiana license to carry a handgun; and
35		-	HEA 1084 — CC 1 2
36		-	(2) is otherwise permitted to possess a handgun;
37		-	is not prohibited under state or federal law from possessing a
38		-	handgun has the right to carry a handgun within the state capitol
39		-	building and on the property of the state capitol complex.
40		-	SECTION 3. IC 4-2-9 IS ADDED TO THE INDIANA CODE AS
41		-	A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
42		-	1, 2024]:
43		-	Chapter 9. Handguns
44		-	Sec. 1. As used in this chapter, "state officer" means an
45		-	individual who holds one (1) of the following elected offices:
46		-	(1) Attorney general.
47		-	(2) Secretary of state.
48		-	(3) State comptroller.
49		-	(4) Treasurer of state.
50		-	Sec. 2. A state officer who is not prohibited from possessing a
51		-	handgun under state or federal law has the right to carry a
52		-	handgun within the state capitol building and on the property of
53		-	the state capitol complex.
54		-	SECTION 4. IC 24-5-27.5 IS ADDED TO THE INDIANA CODE
55		-	AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
56		-	OCTOBER 1, 2024]:
57		-	Chapter 27.5. Privacy of Firearms Financial Transactions
58		-	Sec. 1. (a) This chapter applies to a payment card transaction
59		-	that is initiated after September 30, 2024, at a firearms retailer
60		-	that is physically located in Indiana.
61		-	(b) This chapter does not apply to a payment card transaction
62		-	that is initiated at a firearms retailer's physical location outside
63		-	Indiana regardless of whether the:
64		-	(1) purchaser in the payment card transaction is an Indiana
65		-	consumer; or
66		-	(2) firearms retailer has at least one (1) physical location in
67		-	Indiana.
68		-	Sec. 2. As used in this chapter, "affiliate" means any person who
69		-	directly or indirectly:
70		-	(1) controls;
71		-	(2) is controlled by; or
72		-	(3) is under the common control of;
73		-	another person.
74		-	Sec. 3. As used in this chapter, "credit card" means any:
75		-	(1) card;
76		-	(2) plate; or
77		-	(3) other single credit device;
78		-	HEA 1084 — CC 1 3
79		-	that may be used from time to time to obtain credit (as defined in
80		-	12 CFR 1026.2(a)(14)).
81		-	Sec. 4. As used in this chapter, "debit card" means any:
82		-	(1) card;
83		-	(2) plate; or
84		-	(3) other single device;
85		-	that may be used from time to time to access an asset account,
86		-	regardless of whether authorization for the debit is based on a
87		-	signature, a personal identification number, or other means.
88		-	Sec. 5. As used in this chapter, "disclose", with respect to
89		-	protected financial information, means to transfer, publish, or
90		-	distribute the protected financial information to another person for
91		-	any purpose other than to:
92		-	(1) process, facilitate, or service a payment card transaction;
93		-	(2) take any action related to:
94		-	(A) dispute processing;
95		-	(B) fraud management; or
96		-	(C) protecting the integrity of the transaction with respect
97		-	to:
98		-	(i) illegal activity;
99		-	(ii) security breaches; or
100		-	(iii) cyber risks;
101		-	with respect to a payment card transaction; or
	75	+	1 SECTION 1. IC 24-5-27.5 IS ADDED TO THE INDIANA CODE
	76	+	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	77	+	3 OCTOBER 1, 2024]:
	78	+	4 Chapter 27.5. Privacy of Firearms Financial Transactions
	79	+	5 Sec. 1. (a) This chapter applies to a payment card transaction
	80	+	6 that is initiated after September 30, 2024, at a firearms retailer
	81	+	7 that is physically located in Indiana.
	82	+	8 (b) This chapter does not apply to a payment card transaction
	83	+	9 that is initiated at a firearms retailer's physical location outside
	84	+	10 Indiana regardless of whether the:
	85	+	11 (1) purchaser in the payment card transaction is an Indiana
	86	+	12 consumer; or
	87	+	13 (2) firearms retailer has at least one (1) physical location in
	88	+	14 Indiana.
	89	+	15 Sec. 2. As used in this chapter, "affiliate" means any person who
	90	+	EH 1084—LS 6643/DI 101 2
	91	+	1 directly or indirectly:
	92	+	2 (1) controls;
	93	+	3 (2) is controlled by; or
	94	+	4 (3) is under the common control of;
	95	+	5 another person.
	96	+	6 Sec. 3. As used in this chapter, "credit card" means any:
	97	+	7 (1) card;
	98	+	8 (2) plate; or
	99	+	9 (3) other single credit device;
	100	+	10 that may be used from time to time to obtain credit (as defined in
	101	+	11 12 CFR 1026.2(a)(14)).
	102	+	12 Sec. 4. As used in this chapter, "debit card" means any:
	103	+	13 (1) card;
	104	+	14 (2) plate; or
	105	+	15 (3) other single device;
	106	+	16 that may be used from time to time to access an asset account,
	107	+	17 regardless of whether authorization for the debit is based on a
	108	+	18 signature, a personal identification number, or other means.
	109	+	19 Sec. 5. As used in this chapter, "disclose", with respect to
	110	+	20 protected financial information, means to transfer, publish, or
	111	+	21 distribute the protected financial information to another person for
	112	+	22 any purpose other than to:
	113	+	23 (1) process, facilitate, or service a payment card transaction;
	114	+	24 (2) take any action related to:
	115	+	25 (A) dispute processing;
	116	+	26 (B) fraud management; or
	117	+	27 (C) protecting the integrity of the transaction with respect
	118	+	28 to:
	119	+	29 (i) illegal activity;
	120	+	30 (ii) security breaches; or
	121	+	31 (iii) cyber risks;
	122	+	32 with respect to a payment card transaction; or
	123	+	33 (3) manage a loyalty or rewards program related to a
	124	+	34 payment card transaction.
	125	+	35 Sec. 6. As used in this chapter, "financial institution" means any
	126	+	36 bank, trust company, corporate fiduciary, savings association,
	127	+	37 credit union, savings bank, bank of discount and deposit, or
	128	+	38 industrial loan and investment company organized or reorganized
	129	+	39 under Indiana law, the law of another state (as defined in
	130	+	40 IC 28-2-17-19), or United States law.
	131	+	41 Sec. 7. (a) As used in this chapter, "financial services provider"
	132	+	42 means any of the following that is involved in facilitating or
	133	+	EH 1084—LS 6643/DI 101 3
	134	+	1 processing a payment card transaction, as appropriate in the
	135	+	2 context:
	136	+	3 (1) A financial institution.
	137	+	4 (2) A person engaged in money transmission in Indiana under
	138	+	5 IC 28-8-4.1.
	139	+	6 (3) A payment card issuer.
	140	+	7 (4) A payment card network.
	141	+	8 (5) A merchant acquirer.
	142	+	9 (b) The term includes an:
	143	+	10 (1) affiliate;
	144	+	11 (2) officer;
	145	+	12 (3) agent; or
	146	+	13 (4) employee;
	147	+	14 of a person listed in subsection (a).
	148	+	15 Sec. 8. As used in this chapter, "firearm" includes the following:
	149	+	16 (1) A firearm (as defined in IC 34-12-3-1).
	150	+	17 (2) Ammunition for use in a firearm.
	151	+	18 (3) Firearm components.
	152	+	19 (4) Firearm accessories.
	153	+	20 Sec. 9. As used in this chapter, "firearms code" means a
	154	+	21 merchant category code approved by the International
	155	+	22 Organization for Standardization specifically for firearms
	156	+	23 retailers.
	157	+	24 Sec. 10. As used in this chapter, "firearms retailer" means any
	158	+	25 person that:
	159	+	26 (1) is engaged in the lawful business of selling or trading
	160	+	27 firearms; and
	161	+	28 (2) has at least one (1) physical location in Indiana.
	162	+	29 Sec. 11. (a) As used in this chapter, "governmental entity"
	163	+	30 means any of the following:
	164	+	31 (1) The state.
	165	+	32 (2) A state agency (as defined in IC 1-1-15-3).
	166	+	33 (3) A political subdivision (as defined in IC 36-1-2-13) or an
	167	+	34 instrumentality of a political subdivision (as defined in
	168	+	35 IC 36-1-2-13).
	169	+	36 (b) The term includes an:
	170	+	37 (1) official;
	171	+	38 (2) agent; or
	172	+	39 (3) employee;
	173	+	40 of an entity listed in subsection (a).
	174	+	41 Sec. 12. As used in this chapter, "Indiana consumer" means a:
	175	+	42 (1) natural person whose principal residence is in Indiana; or
	176	+	EH 1084—LS 6643/DI 101 4
	177	+	1 (2) person, other than a natural person, that is domiciled in
	178	+	2 Indiana.
	179	+	3 Sec. 13. As used in this chapter, "merchant acquirer" means a
	180	+	4 person that establishes a relationship with a merchant to enable the
	181	+	5 processing of payment card transactions by collecting funds from
	182	+	6 the payment card issuer in the transaction and depositing them in
	183	+	7 the merchant's account.
	184	+	8 Sec. 14. As used in this chapter, "payment card" means:
	185	+	9 (1) a credit card;
	186	+	10 (2) a debit card; or
	187	+	11 (3) another device that may be used to carry out debit or
	188	+	12 credit transactions.
	189	+	13 Sec. 15. As used in this chapter, "payment card issuer" means
	190	+	14 a:
	191	+	15 (1) lender, including a financial institution; or
	192	+	16 (2) merchant;
	193	+	17 that receives applications for and issues payment cards to
	194	+	18 consumers.
	195	+	19 Sec. 16. As used in this chapter, "payment card network" means
	196	+	20 an entity that directly, or through licensed members, processors,
	197	+	21 or agents, provides the proprietary services, infrastructure, and
	198	+	22 software that:
	199	+	23 (1) route information and data to conduct debit card or credit
	200	+	24 card transaction authorization, clearance, and settlement; and
	201	+	25 (2) a merchant or seller uses in order to accept as a form of
	202	+	26 payment a brand of:
	203	+	27 (A) debit card;
	204	+	28 (B) credit card; or
	205	+	29 (C) another device that may be used to carry out debit or
	206	+	30 credit transactions.
	207	+	31 Sec. 17. As used in this chapter, "payment card transaction"
	208	+	32 means a transaction in which a consumer uses a payment card to
	209	+	33 purchase or obtain goods, services, money, or any other thing of
	210	+	34 value.
	211	+	35 Sec. 18. As used in this chapter, "person" means:
	212	+	36 (1) a natural person; or
	213	+	37 (2) an organization, including a corporation, a partnership, a
	214	+	38 proprietorship, an association, a cooperative, an estate, or a
	215	+	39 trust.
	216	+	40 Sec. 19. As used in this chapter, "protected financial
	217	+	41 information" means any record of a:
	218	+	42 (1) sale;
	219	+	EH 1084—LS 6643/DI 101 5
	220	+	1 (2) purchase;
	221	+	2 (3) return; or
	222	+	3 (4) refund;
	223	+	4 that is made or processed with a payment card and that is
	224	+	5 retrieved, characterized, generated, labeled, sorted, or grouped
	225	+	6 based solely on the assignment of a firearms code.
	226	+	7 Sec. 20. (a) Except as provided in subsection (b), or as otherwise
	227	+	8 required by law, a governmental entity or any other person, public
	228	+	9 or private, shall not knowingly or willfully keep or cause to be kept
	229	+	10 any:
	230	+	11 (1) list, record, or registry of privately owned firearms; or
	231	+	12 (2) list, record, or registry of the owners of firearms;
	232	+	13 with respect to Indiana consumers.
	233	+	14 (b) Subsection (a) does not apply with respect to the following:
	234	+	15 (1) Records kept during the regular course of a criminal
	235	+	16 investigation or prosecution.
	236	+	17 (2) Records kept by the owner of privately owned firearms.
	237	+	18 (3) Records kept in the regular course of business by a
	238	+	19 firearms retailer.
	239	+	20 (4) Information submitted to a law enforcement agency in
	240	+	21 connection with an application for a license to carry a
	241	+	22 handgun under IC 35-47-2-3, subject to the limitations set
	242	+	23 forth in IC 35-47-2-3(n) and IC 35-47-2-3(o).
	243	+	24 Sec. 21. In a payment card transaction, a merchant acquirer or
	244	+	25 payment card network may not:
	245	+	26 (1) assign; or
	246	+	27 (2) require the assignment of;
	247	+	28 a firearms code in a way that distinguishes a firearms retailer with
	248	+	29 at least one (1) physical location in Indiana from general
	249	+	30 merchandise retailers or sporting goods retailers.
	250	+	31 Sec. 22. (a) Except as provided in subsection (b), a financial
	251	+	32 services provider may not decline or otherwise refuse to process a
	252	+	33 lawful payment card transaction based solely on the assignment or
	253	+	34 nonassignment of a firearms code to the payment card transaction.
	254	+	35 (b) A financial services provider may decline or otherwise refuse
	255	+	36 to process a lawful payment card transaction involving a firearms
	256	+	37 retailer on the basis of the assignment or nonassignment of a
	257	+	38 firearms code:
	258	+	39 (1) at the request of the consumer;
	259	+	40 (2) in accordance with:
	260	+	41 (A) fraud controls; or
	261	+	42 (B) merchant category exclusions offered by a financial
	262	+	EH 1084—LS 6643/DI 101 6
	263	+	1 services provider for the purpose of expenditure control or
	264	+	2 corporate card control;
	265	+	3 applicable to the payment card involved in the payment card
	266	+	4 transaction; or
	267	+	5 (3) for purposes of restricting the use or availability of a
	268	+	6 firearms code in Indiana.
	269	+	7 Sec. 23. Except as otherwise required or permitted by law or
	270	+	8 regulation, a financial services provider may not disclose a
	271	+	9 financial record that:
	272	+	10 (1) is related to a payment card transaction; and
	273	+	11 (2) includes protected financial information, including a
	274	+	12 firearms code that was used, collected, or assigned in violation
	275	+	13 of this chapter.
	276	+	14 Sec. 24. With respect to a payment card transaction, this
	277	+	15 chapter may not be construed to:
	278	+	16 (1) limit the ability of a financial services provider to
	279	+	17 negotiate with responsible parties; or
	280	+	18 (2) otherwise impair a financial services provider's actions;
	281	+	19 related to dispute processing, fraud management, or protecting the
	282	+	20 integrity of the payment card transaction with respect to illegal
	283	+	21 activity, security breaches, or cyber risks.
	284	+	22 Sec. 25. (a) Except as provided in subsection (b), the applicable
	285	+	23 primary financial regulator with jurisdiction over a financial
	286	+	24 services provider subject to this chapter is responsible for
	287	+	25 enforcing the financial services provider's compliance with this
	288	+	26 chapter.
	289	+	27 (b) The attorney general is responsible for enforcing section 20
	290	+	28 of this chapter with respect to any person that is not a financial
	291	+	29 services provider subject to regulation under subsection (a). Upon
	292	+	30 receiving notice of an alleged violation of section 20 of this chapter,
	293	+	31 the attorney general shall investigate the alleged violation in
	294	+	32 accordance with IC 4-6-3-3, subject to the confidentiality
	295	+	33 provisions set forth in IC 4-6-3-9. However, in any investigation
	296	+	34 under this subsection, the attorney general may not require any
	297	+	35 person to:
	298	+	36 (1) produce documentary material that includes;
	299	+	37 (2) answer under oath and in writing written interrogatories
	300	+	38 concerning; or
	301	+	39 (3) appear and testify under oath concerning;
	302	+	40 protected financial information (as defined in section 19 of this
	303	+	41 chapter). If the attorney determines that a violation of section 20
	304	+	42 of this chapter has occurred, the attorney general shall provide
	305	+	EH 1084—LS 6643/DI 101 7
	306	+	1 written notice to the person found to be in violation. Upon
	307	+	2 receiving written notice from the attorney general under this
	308	+	3 subsection, a person has thirty (30) calendar days from the date of
	309	+	4 receipt to cease the violation. If the person fails to cease the
	310	+	5 violation within the thirty (30) day period set forth in this
	311	+	6 subsection, the attorney general may seek, in a court having
	312	+	7 jurisdiction, injunctive relief, a civil penalty not to exceed ten
	313	+	8 thousand dollars ($10,000) per violation, costs, expert fees, and
	314	+	9 reasonable attorney's fees.
	315	+	EH 1084—LS 6643/DI 101 8
	316	+	COMMITTEE REPORT
	317	+	Mr. Speaker: Your Committee on Financial Institutions, to which
	318	+	was referred House Bill 1084, has had the same under consideration
	319	+	and begs leave to report the same back to the House with the
	320	+	recommendation that said bill be amended as follows:
	321	+	Page 1, line 6, delete "2024:" and insert "2024, at a firearms
	322	+	retailer that is physically located in Indiana.".
	323	+	Page 1, delete lines 7 through 15.
	324	+	Page 2, delete lines 1 through 5.
	325	+	Page 2, line 36, delete "or".
	326	+	Page 3, line 3, delete "transaction." and insert "transaction; or
102	327		(3) manage a loyalty or rewards program related to a
103		-	payment card transaction.
104		-	Sec. 6. As used in this chapter, "financial institution" means any
105		-	bank, trust company, corporate fiduciary, savings association,
106		-	credit union, savings bank, bank of discount and deposit, or
107		-	industrial loan and investment company organized or reorganized
108		-	under Indiana law, the law of another state (as defined in
109		-	IC 28-2-17-19), or United States law.
110		-	Sec. 7. (a) As used in this chapter, "financial services provider"
111		-	means any of the following that is involved in facilitating or
112		-	processing a payment card transaction, as appropriate in the
113		-	context:
114		-	(1) A financial institution.
115		-	(2) A person engaged in money transmission in Indiana under
116		-	IC 28-8-4.1.
117		-	(3) A payment card issuer.
118		-	(4) A payment card network.
119		-	(5) A merchant acquirer.
120		-	(b) The term includes an:
121		-	HEA 1084 — CC 1 4
122		-	(1) affiliate;
123		-	(2) officer;
124		-	(3) agent; or
125		-	(4) employee;
126		-	of a person listed in subsection (a).
127		-	Sec. 8. As used in this chapter, "firearm" includes the following:
128		-	(1) A firearm (as defined in IC 34-12-3-1).
129		-	(2) Ammunition for use in a firearm.
130		-	(3) Firearm components.
131		-	(4) Firearm accessories.
132		-	Sec. 9. As used in this chapter, "firearms code" means a
133		-	merchant category code approved by the International
134		-	Organization for Standardization specifically for firearms
135		-	retailers.
136		-	Sec. 10. As used in this chapter, "firearms retailer" means any
137		-	person that:
	328	+	payment card transaction.".
	329	+	Page 3, line 35, after "any" insert "person that:
138	330		(1) is engaged in the lawful business of selling or trading
139	331		firearms; and
140		-	(2) has at least one (1) physical location in Indiana.
141		-	Sec. 11. (a) As used in this chapter, "governmental entity"
142		-	means any of the following:
143		-	(1) The state.
144		-	(2) A state agency (as defined in IC 1-1-15-3).
145		-	(3) A political subdivision (as defined in IC 36-1-2-13) or an
146		-	instrumentality of a political subdivision (as defined in
147		-	IC 36-1-2-13).
148		-	(b) The term includes an:
149		-	(1) official;
150		-	(2) agent; or
151		-	(3) employee;
152		-	of an entity listed in subsection (a).
153		-	Sec. 12. As used in this chapter, "Indiana consumer" means a:
154		-	(1) natural person whose principal residence is in Indiana; or
155		-	(2) person, other than a natural person, that is domiciled in
156		-	Indiana.
157		-	Sec. 13. As used in this chapter, "merchant acquirer" means a
158		-	person that establishes a relationship with a merchant to enable the
159		-	processing of payment card transactions by collecting funds from
160		-	the payment card issuer in the transaction and depositing them in
161		-	the merchant's account.
162		-	Sec. 14. As used in this chapter, "payment card" means:
163		-	(1) a credit card;
164		-	HEA 1084 — CC 1 5
165		-	(2) a debit card; or
166		-	(3) another device that may be used to carry out debit or
167		-	credit transactions.
168		-	Sec. 15. As used in this chapter, "payment card issuer" means
169		-	a:
170		-	(1) lender, including a financial institution; or
171		-	(2) merchant;
172		-	that receives applications for and issues payment cards to
173		-	consumers.
174		-	Sec. 16. As used in this chapter, "payment card network" means
175		-	an entity that directly, or through licensed members, processors,
176		-	or agents, provides the proprietary services, infrastructure, and
177		-	software that:
178		-	(1) route information and data to conduct debit card or credit
179		-	card transaction authorization, clearance, and settlement; and
180		-	(2) a merchant or seller uses in order to accept as a form of
181		-	payment a brand of:
182		-	(A) debit card;
183		-	(B) credit card; or
184		-	(C) another device that may be used to carry out debit or
185		-	credit transactions.
186		-	Sec. 17. As used in this chapter, "payment card transaction"
187		-	means a transaction in which a consumer uses a payment card to
188		-	purchase or obtain goods, services, money, or any other thing of
189		-	value.
190		-	Sec. 18. As used in this chapter, "person" means:
191		-	(1) a natural person; or
192		-	(2) an organization, including a corporation, a partnership, a
193		-	proprietorship, an association, a cooperative, an estate, or a
194		-	trust.
195		-	Sec. 19. As used in this chapter, "protected financial
196		-	information" means any record of a:
197		-	(1) sale;
198		-	(2) purchase;
199		-	(3) return; or
200		-	(4) refund;
201		-	that is made or processed with a payment card and that is
202		-	retrieved, characterized, generated, labeled, sorted, or grouped
203		-	based solely on the assignment of a firearms code.
204		-	Sec. 20. (a) Except as provided in subsection (b), or as otherwise
205		-	required by law, a governmental entity or any other person, public
206		-	or private, shall not knowingly or willfully keep or cause to be kept
207		-	HEA 1084 — CC 1 6
208		-	any:
209		-	(1) list, record, or registry of privately owned firearms; or
210		-	(2) list, record, or registry of the owners of firearms;
211		-	with respect to Indiana consumers.
212		-	(b) Subsection (a) does not apply with respect to the following:
213		-	(1) Records kept during the regular course of a criminal
214		-	investigation or prosecution.
215		-	(2) Records kept by the owner of privately owned firearms.
216		-	(3) Records kept in the regular course of business by a
217		-	firearms retailer.
218		-	(4) Information submitted to a law enforcement agency in
219		-	connection with an application for a license to carry a
220		-	handgun under IC 35-47-2-3, subject to the limitations set
221		-	forth in IC 35-47-2-3(n) and IC 35-47-2-3(o).
222		-	Sec. 21. In a payment card transaction, a merchant acquirer or
223		-	payment card network may not:
224		-	(1) assign; or
225		-	(2) require the assignment of;
226		-	a firearms code in a way that distinguishes a firearms retailer with
227		-	at least one (1) physical location in Indiana from general
228		-	merchandise retailers or sporting goods retailers.
229		-	Sec. 22. (a) Except as provided in subsection (b), a financial
230		-	services provider may not decline or otherwise refuse to process a
231		-	lawful payment card transaction based solely on the assignment or
232		-	nonassignment of a firearms code to the payment card transaction.
233		-	(b) A financial services provider may decline or otherwise refuse
234		-	to process a lawful payment card transaction involving a firearms
235		-	retailer on the basis of the assignment or nonassignment of a
236		-	firearms code:
237		-	(1) at the request of the consumer;
238		-	(2) in accordance with:
239		-	(A) fraud controls; or
240		-	(B) merchant category exclusions offered by a financial
241		-	services provider for the purpose of expenditure control or
242		-	corporate card control;
243		-	applicable to the payment card involved in the payment card
244		-	transaction; or
	332	+	(2) has at least one (1) physical location in Indiana.".
	333	+	Page 3, delete lines 36 through 37.
	334	+	Page 6, line 4, delete "or".
	335	+	Page 6, line 11, delete "transaction." and insert "transaction; or
245	336		(3) for purposes of restricting the use or availability of a
246		-	firearms code in Indiana.
247		-	Sec. 23. Except as otherwise required or permitted by law or
248		-	regulation, a financial services provider may not disclose a
249		-	financial record that:
250		-	HEA 1084 — CC 1 7
251		-	(1) is related to a payment card transaction; and
252		-	(2) includes protected financial information, including a
253		-	firearms code that was used, collected, or assigned in violation
254		-	of this chapter.
255		-	Sec. 24. With respect to a payment card transaction, this
256		-	chapter may not be construed to:
257		-	(1) limit the ability of a financial services provider to
258		-	negotiate with responsible parties; or
259		-	(2) otherwise impair a financial services provider's actions;
260		-	related to dispute processing, fraud management, or protecting the
261		-	integrity of the payment card transaction with respect to illegal
262		-	activity, security breaches, or cyber risks.
263		-	Sec. 25. (a) Except as provided in subsection (b), the applicable
264		-	primary financial regulator with jurisdiction over a financial
265		-	services provider subject to this chapter is responsible for
266		-	enforcing the financial services provider's compliance with this
267		-	chapter.
268		-	(b) The attorney general is responsible for enforcing section 20
	337	+	firearms code in Indiana.".
	338	+	Page 6, line 26, delete "upon:" and insert "upon receiving notice of
	339	+	an alleged violation of this chapter from:
	340	+	(1) a firearms retailer whose business is the subject of the
	341	+	alleged violation with respect to a payment card transaction;
	342	+	or
	343	+	(2) an Indiana consumer involved in a payment card
	344	+	transaction that is the subject of the alleged violation;".
	345	+	Page 6, delete lines 27 through 38.
	346	+	and when so amended that said bill do pass.
	347	+	(Reference is to HB 1084 as introduced.)
	348	+	SPEEDY
	349	+	Committee Vote: yeas 9, nays 4.
	350	+	EH 1084—LS 6643/DI 101 9
	351	+	COMMITTEE REPORT
	352	+	Madam President: The Senate Committee on Insurance and
	353	+	Financial Institutions, to which was referred House Bill No. 1084, has
	354	+	had the same under consideration and begs leave to report the same
	355	+	back to the Senate with the recommendation that said bill be
	356	+	AMENDED as follows:
	357	+	Replace the effective date in SECTION 1 with "[EFFECTIVE
	358	+	OCTOBER 1, 2024]".
	359	+	Page 1, line 6, delete "June" and insert "September".
	360	+	Page 2, line 23, delete "process or facilitate a" and insert "process,
	361	+	facilitate, or service a consumer's".
	362	+	Page 5, line 6, after "based" insert "solely".
	363	+	Page 5, line 24, delete "use;" and insert "assign;".
	364	+	Page 5, line 25, delete "use" and insert "assignment".
	365	+	Page 6, line 19, delete "(a) The attorney general shall, upon
	366	+	receiving notice of" and insert "The applicable primary financial
	367	+	regulator with jurisdiction over a financial services provider
	368	+	subject to this chapter is responsible for enforcing the financial
	369	+	services provider's compliance with this chapter.".
	370	+	Page 6, delete lines 20 through 42.
	371	+	Delete page 7.
	372	+	and when so amended that said bill do pass.
	373	+	(Reference is to HB 1084 as printed January 25, 2024.)
	374	+	BALDWIN, Chairperson
	375	+	Committee Vote: Yeas 6, Nays 2.
	376	+	_____
	377	+	SENATE MOTION
	378	+	Madam President: I move that Engrossed House Bill 1084 be
	379	+	amended to read as follows:
	380	+	Page 2, line 23, delete "consumer's".
	381	+	Page 6, line 6, delete "by law," and insert "or permitted by law or
	382	+	regulation,".
	383	+	(Reference is to EHB 1084 as printed February 23, 2024.)
	384	+	BALDWIN
	385	+	EH 1084—LS 6643/DI 101 10
	386	+	SENATE MOTION
	387	+	Madam President: I move that Engrossed House Bill 1084 be
	388	+	amended to read as follows:
	389	+	Page 5, between lines 18 and 19, begin a new line block indented
	390	+	and insert:
	391	+	"(3) Records kept in the regular course of business by a
	392	+	firearms retailer.".
	393	+	Page 5, line 19, delete "(3)" and insert "(4)".
	394	+	Page 6, line 20, delete "The" and insert "(a) Except as provided in
	395	+	subsection (b), the".
	396	+	Page 6, after line 23, begin a new paragraph and insert:
	397	+	"(b) The attorney general is responsible for enforcing section 20
269	398		of this chapter with respect to any person that is not a financial
270	399		services provider subject to regulation under subsection (a). Upon
271	400		receiving notice of an alleged violation of section 20 of this chapter,
272	401		the attorney general shall investigate the alleged violation in
273	402		accordance with IC 4-6-3-3, subject to the confidentiality
274	403		provisions set forth in IC 4-6-3-9. However, in any investigation
275	404		under this subsection, the attorney general may not require any
276	405		person to:
277	406		(1) produce documentary material that includes;
278	407		(2) answer under oath and in writing written interrogatories
279	408		concerning; or
280	409		(3) appear and testify under oath concerning;
281	410		protected financial information (as defined in section 19 of this
282	411		chapter). If the attorney determines that a violation of section 20
283	412		of this chapter has occurred, the attorney general shall provide
284	413		written notice to the person found to be in violation. Upon
285	414		receiving written notice from the attorney general under this
286	415		subsection, a person has thirty (30) calendar days from the date of
287	416		receipt to cease the violation. If the person fails to cease the
288	417		violation within the thirty (30) day period set forth in this
289	418		subsection, the attorney general may seek, in a court having
290	419		jurisdiction, injunctive relief, a civil penalty not to exceed ten
291	420		thousand dollars ($10,000) per violation, costs, expert fees, and
292		-	reasonable attorney's fees.
293		-	HEA 1084 — CC 1 Speaker of the House of Representatives
294		-	President of the Senate
295		-	President Pro Tempore
296		-	Governor of the State of Indiana
297		-	Date: Time:
298		-	HEA 1084 — CC 1
	421	+	reasonable attorney's fees.".
	422	+	(Reference is to EHB 1084 as printed February 23, 2024.)
	423	+	BALDWIN
	424	+	EH 1084—LS 6643/DI 101