November 13, 2013, Introduced by Senators PAPPAGEORGE, MARLEAU, BOOHER and PROOS and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 411w (MCL 750.411w), as added by 2012 PA 146.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 411w. (1) A person shall not knowingly sell, purchase,
install, transfer, or possess in this state any automated sales
suppression
device or zapper, or phantom-ware, or a skimming
device.
(2) A person who violates subsection (1) is guilty of a felony
and shall be imprisoned for not less than 1 year or more than 5
years and, in addition, may be fined not more than $100,000.00.
(3) A person who violates subsection (1) is liable for all
taxes and penalties due the state as the result of the fraudulent
use
of an automated sales suppression device, or phantom-ware, or a
skimming device and shall disgorge all profits associated with the
sale
or use of an automated sales suppression device, or phantom-
ware, or a skimming device.
(4) As used in this section:
(a) "Automated sales suppression device" or "zapper" means a
software program carried on a memory stick or removable compact
disc, accessed through an internet link, or accessed through any
other means, that falsifies the electronic records of electronic
cash registers and other point-of-sale systems, including, but not
limited to, transaction data and transaction reports.
(b) "Electronic cash register" means a device that keeps a
register or supporting documents through the means of an electronic
device or computer system designed to record transaction data for
the purpose of computing, compiling, or processing retail sales
transaction data in whatever manner.
(c) "Financial transaction device" means that term as defined
in section 157m.
(d) "Personal identifying information" and "personal
information" mean those terms as defined in section 3 of the
identity theft protection act, 2004 PA 452, MCL 445.63.
(e) (c)
"Phantom-ware" means a
hidden, preinstalled, or
installed at a later time programming option embedded in the
operating system of an electronic cash register or hardwired into
the electronic cash register that can be used to create a virtual
second till or may eliminate or manipulate transaction records that
may or may not be preserved in digital formats to represent the
true or manipulated record of transactions in the electronic cash
register.
(f) "Skimming device" means any combination of devices or
methods that are designed or adapted to be placed on the physical
property of another person and to obtain the personal information
or personal identifying information of another, or any other
information that allows access to a person's financial accounts,
from a financial transaction device without the permission of the
owner of the financial transaction device.
(g) (d)
"Transaction data"
includes information regarding
items purchased by a customer, the price for each item, a
taxability determination for each item, a segregated tax amount for
each of the taxed items, 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.
(h) (e)
"Transaction report"
means a report that includes, but
need not be limited to, the sales, taxes collected, media totals,
and discount voids at an electronic cash register that is printed
on cash register tape at the end of a day or shift, or a report
documenting every action at an electronic cash register that is
stored electronically.