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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012 ENROLLED
SENATE BILL NO. 616
BY SENATOR MORRELL AND REPRESENTATI VE LEGER
AN ACT1
To enact R.S. 47:1641.1, relative to criminal penalties for falsifying retail sales records; to2
prohibit automated sales suppression devices; to provide for definitions; to provide3
for penalties; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 47:1641.1 is hereby enacted to read as follows: 6
ยง1641.1. Automated sales suppression devices; definitions; penalties7
A. It shall be unlawful for any person to knowingly create, design,8
manufacture, sell, purchase, lease, install, update, repair, service, transfer, use,9
or possess or otherwise make available any automated sales suppression device,10
zapper, or 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 any of the following:15
(a) Carried on a memory stick or other flash memory data storage16
device, or on a removable optical disc.17
(b) Accessed through an Internet link.18
(c) Accessed or stored via any other means.19
(2) "Electronic cash register" means a device that keeps an electronic20
record, register, or supporting documentation, through the use of a computer21
system, of data for the purpose of computing, compiling, or processing retail22
sales transaction data, and refers to a cash register or any other point-of-sale23
system.24
(3) "Phantom-ware" means a hidden programming option embedded in25
the operating system of, or hardwired into, an electronic cash register that can26
be used to create a virtual second or alternate electronic cash register or to27 SB NO. 616 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
eliminate or manipulate transaction records, which may or may not be1
preserved in digital format, to represent either the actual or the manipulated2
record of transactions.3
(4) "Transaction data" includes:4
(a) A description of items purchased by a customer.5
(b) The price for each item purchased.6
(c) A taxability determination for each item.7
(d) A segregated tax amount for each item taxed.8
(e) The amount of cash or credit tendered.9
(f) The net amount returned to the customer in change.10
(g) The date and time of the purchase.11
(h) The name, address, and identification number of the vendor.12
(i) The receipt or invoice number of the transaction.13
(5) "Transaction report" means:14
(a) A report that contains but is not limited to documentation of the15
sales, taxes, or fees collected, media totals, and discount voids of an electronic16
cash register and that is printed on a cash register tape or other hard copy at17
the end of a day or shift.18
(b) A report that documents every action performed on or by an19
electronic cash register and that is stored electronically.20
C. Whoever violates the provisions of this Section shall be fined not more21
than five thousand dollars, or imprisoned with or without hard labor for not22
more than five years, or both.23
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: