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LRB-2426/1
CMH&MLJ:amn&klm
2017 - 2018 LEGISLATURE
April 4, 2017 - Introduced by Representatives Summerfield, E. Brooks, R. Brooks,
Felzkowski, Horlacher, Katsma, Kitchens, Kulp, Murphy, Novak, Ripp,
Sinicki, Skowronski, Spiros, Steffen, Stuck, Swearingen, Tittl, Tusler and
Allen, cosponsored by Senators Cowles, Carpenter, Craig, Marklein,
Moulton, Olsen, L. Taylor and Vinehout. Referred to Committee on
Criminal Justice and Public Safety.
AB196,1,4 1An Act to create 895.501 and 943.202 of the statutes; relating to: possession
2of or use of a credit card scanner, providing civil immunity for sellers or
3distributors of fuel for scanners installed on pumps, and providing criminal
4penalties.
Analysis by the Legislative Reference Bureau
This bill creates several crimes relating to credit card scanners and identity
theft. First, this bill makes it a Class I felony to possess a credit card scanner with
the intent to commit identity theft. Second, this bill makes it a Class H felony to
possess a credit card scanner with the intent to transfer the scanner to another,
knowing that the transferee will use it to commit identity theft. Third, this bill
makes it a Class H felony to use or attempt to use a credit card scanner to commit
identity theft, except that, if the person obtains credit, money, goods, services, or
something else of value from the use, he or she is guilty of a Class G felony.
Under the bill, a seller of motor vehicle fuel who uses credit or debit
card-operated fuel pumps and an owner or operator of automated teller machines
is immune from civil liability for unauthorized credit card reencoders or scanning
devices that are installed on his or her machines.

For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB196,1 1Section 1. 895.501 of the statutes is created to read:
AB196,2,3 2895.501 Civil liability exemption; credit card reencoders and scanning
3devices.
(1) In this section:
AB196,2,44 (a) “Automated teller machine” has the meaning given in s. 134.85 (1) (a).
AB196,2,55 (b) “Credit card” has the meaning given in s. 943.202 (1) (b).
AB196,2,66 (c) “Reencoder” has the meaning given in s. 943.202 (1) (c).
AB196,2,77 (d) “Scanning device” has the meaning given in s. 943.202 (1) (d).
AB196,2,13 8(2) Any person who sells or distributes motor vehicle fuel and who dispenses
9that fuel from a pump capable of reading a credit card and any person who owns or
10is responsible for an automated teller machine is immune from civil liability for the
11unauthorized access, storage, or use of credit card information by another person by
12means of a credit card reencoder or scanning device that has been installed on his
13or her machine.
AB196,2 14Section 2. 943.202 of the statutes is created to read:
AB196,2,16 15943.202 Unauthorized use or possession of a credit card scanner. (1)
16In this section:
AB196,2,1817 (a) “Access” means access, read, scan, intercept, obtain, memorize, or
18temporarily or permanently store.
AB196,2,2119 (b) “Credit card” means a credit card, charge card, debit card, or other card that
20allows an authorized user to obtain, purchase, or receive credit, money, goods,
21services, or any other thing of value.
AB196,3,4
1(c) “Reencoder” means an electronic device that places encoded information
2from a computer chip or magnetic strip or stripe of a credit card onto the computer
3chip or magnetic strip or stripe of a credit card or any electronic medium that allows
4a transaction to occur.
AB196,3,75 (d) “Scanning device” means a scanner, reader, or any other electronic device
6that can access information encoded on a computer chip or magnetic strip or stripe
7of a credit card.
AB196,3,11 8(2) (a) Whoever possesses a reencoder or a scanning device, with the intent to
9violate s. 943.201 (2) or 943.203 (2) or to access information encoded on a credit card
10without the permission of an authorized user of the credit card, is guilty of a Class
11I felony.
AB196,3,1212 (b) Whoever does any of the following is guilty of a Class H felony:
AB196,3,1713 1. Possesses a reencoder or a scanning device with the intent to transfer it to
14another person if the person knows or should know the transferee will use the
15reencoder or scanning device to violate s. 943.201 (2) or 943.203 (2) or to access
16information encoded on a credit card without the permission of an authorized user
17of the credit card.
AB196,3,2018 2. Uses or attempts to use a reencoder or a scanning device to violate s. 943.201
19(2) or 943.203 (2) or to access information encoded on a credit card without the
20permission of an authorized user of the credit card.
AB196,4,221 (c) Whoever uses a reencoder or scanning device to violate s. 943.201 (2) or
22943.203 (2) or to access information encoded on a credit card without the permission
23of an authorized user of the credit card is guilty of a Class G felony if the person

1obtains, purchases, or receives credit, money, goods, services, or any other thing of
2value from the use.
AB196,4,33 (End)
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