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Regular Session, 2012
SENATE BILL NO. 616
BY SENATOR MORRELL
CRIME/PUNISHMENT. Prohibits the sale, purchase, or use of automated sales suppression
devices. (8/1/12)
AN ACT1
To enact R.S. 47:1641.1, relative to criminal penalties for falsifying retail sales records; to2
prohibit the sale, purchase, possession, or use of automated sales suppression3
devices; to provide for definitions; to provide for penalties; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 47:1641.1 is hereby enacted to read as follows: 7
ยง1641.1. Automated sales suppression devices; definitions; penalties8
A. It shall be unlawful for any person to knowingly sell, purchase, install,9
transfer, use, or possess any automated sales suppression device, zapper, or10
phantom-ware.11
B. For purposes of this Section:12
(1) "Automated sales suppression device" or "zapper" means a software13
program that falsifies the records of electronic cash registers, including14
transaction data and transaction reports, and that is either:15
(a) Carried on a memory stick or other flash memory data storage16
device, or on a removable optical disc.17 SB NO. 616
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(b) Accessed through an Internet link.1
(c) Accessed or stored via any other means.2
(2) "Electronic cash register" means a device that keeps an electronic3
record, register, or supporting documentation, through the use of a computer4
system, of data for the purpose of computing, compiling, or processing retail5
sales transaction data, and refers to a cash register or any other point-of-sale6
system.7
(3) "Phantom-ware" means a hidden programming option embedded in8
the operating system of , or hardwired into, an electronic cash register that can9
be used to create a virtual second or alternate electronic cash register or to10
eliminate or manipulate transaction records, which may or may not be11
preserved in digital format, to represent either the actual or the manipulated12
record of transactions.13
(4) "Transaction data" includes:14
(a) A description of items purchased by a customer.15
(b) The price for each item purchased.16
(c) A taxability determination for each item.17
(d) A segregated tax amount for each item taxed.18
(e) The amount of cash or credit tendered.19
(f) The net amount returned to the customer in change.20
(g) The date and time of the purchase.21
(h) The name, address, and identification number of the vendor.22
(i) The receipt or invoice number of the transaction.23
(5) "Transaction report" means:24
(a) A report that contains, but is not limited to, documentation of the25
sales, taxes, or fees collected, media totals, and discount voids of an electronic26
cash register and that is printed on a cash register tape or other hard copy at27
the end of a day or shift.28
(b) A report that documents every action performed on or by an29 SB NO. 616
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electronic cash register and that is stored electronically.1
C. Whoever violates the provisions of this Section shall be fined not more2
than five thousand dollars, or imprisoned with or without hard labor for not3
more than five years, or both.4
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Morrell (SB 616)
Proposed law makes it unlawful for any person to knowingly sell, purchase, install, transfer,
use, or possess any automated sales suppression device ("zapper") or phantom-ware.
Proposed law provides for the following definitions:
1. "Automated sales suppression device" or "zapper" means a software program that
falsifies the records of electronic cash registers, including transaction data and
transaction reports, and that is either carried on a memory stick or other flash
memory data storage device, carried on a removable optical disc, accessed through
an Internet link, or accessed or stored via any other means.
2. "Electronic cash register" means a device that keeps an electronic record, register,
or supporting documentation, through the use of a computer system, of data for the
purpose of computing, compiling, or processing retail sales transaction data, and
refers to a cash register or any other point-of-sale system.
3. "Phantom-ware" means a hidden programming option embedded in the operating
system of, or hardwired into, an electronic cash register that can be used to create a
virtual second or alternate electronic cash register or to eliminate or manipulate
transaction records, which may or may not be preserved in digital format, to
represent either the actual or the manipulated record of transactions in the electronic
cash register.
4. "Transaction data" includes a description of items purchased by a customer, the price
for each item purchased, a taxability determination for each item, a segregated tax
amount for each item taxed, the amount of cash or credit tendered, the net amount
returned to the customer in change, the date and time of the purchase, the name,
address, and identification number of the vendor, and the receipt or invoice number
of the transaction.
5. "Transaction report" means either a report that contains, but is not limited to,
documentation of the sales, taxes, or fees collected, media totals, and discount voids
of an electronic cash register or other point-of-sale system and that is printed on a
cash register tape or other hard copy at the end of a day or shift, or a report that
documents every action performed on or by an electronic cash register and that is
stored electronically.
Proposed law provides that whoever violates the provisions of proposed law is to be fined
not more than $5,000, or imprisoned with or without hard labor for not more than five years,
or both. SB NO. 616
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Effective August 1, 2012.
(Adds R.S. 47:1641.1)