A BILL TO BE ENTITLED
AN ACT to provide additional protections to users of financial transaction cards.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 2A of Chapter 75 of the General Statutes is amended by adding a new section to read:
"§ 75‑67.  Use of financial transaction card with automated banking device and scanning devices.
(a)	Requirement. – A person who owns or operates a scanning device or an automated banking device shall ensure that the device is incapable of accepting a financial transaction card unless the person attempting to use the card first provides the device with the five‑digit zip code of the cardholder's billing address.
(b)	Penalty for Violation. – A person who violates this section commits an infraction as defined in G.S. 14‑3.1 and is subject to a penalty of up to five hundred dollars ($500.00) per violation, not to exceed five hundred dollars ($500.00) in any calendar month or two thousand dollars ($2,000) in any calendar year. A person who receives a citation for violation of this section is not subject to the penalty provided in this subsection if the person establishes in court that the person came into compliance with this section within 30 days of the issuance of the citation and the person has remained in compliance with this section.
(c)	Definitions. – The terms "automated banking device", "cardholder", "financial transaction card", "presenting", and "scanning device" have the same meaning as in Article 19B of Chapter 14 of the General Statutes."
SECTION 2.  G.S. 75‑67, as enacted by Section 1 of this act, reads as rewritten:
"§ 75‑67.  Use of financial transaction card with automated banking device and scanning devices.
(a)	Requirement. – A person who owns or operates a scanning device or an automated banking device shall ensure that the device is incapable of accepting a financial transaction card unless the person attempting to use the card first provides the device with the five‑digit zip code of the cardholder's billing address and the cardholder's personal identification code.
(b)	Penalty for Violation. – A person who violates this section commits an infraction as defined in G.S. 14‑3.1 and is subject to a penalty of up to five hundred dollars ($500.00) per violation, not to exceed five hundred dollars ($500.00) in any calendar month or two thousand dollars ($2,000) in any calendar year. A person who receives a citation for violation of this section is not subject to the penalty provided in this subsection if the person establishes in court that the person came into compliance with this section within 30 days of the issuance of the citation and the person has remained in compliance with this section.
(c)	Definitions. – The terms "automated banking device", "cardholder", "financial transaction card", "personal identification code", "presenting", and "scanning device" have the same meaning as in Article 19B of Chapter 14 of the General Statutes."
SECTION 3.  G.S. 14‑113.17 reads as rewritten:
"§ 14‑113.17.  Punishment and penalties.
(a)	A person who is subject to the punishment and penalties of this Article shall be guilty of a Class I felony.
(b)	A crime punishable under this Article is punishable as a Class G felony."
SECTION 4.  Section 1 of this act becomes effective July 1, 2015. Section 2 of this act becomes effective October 1, 2016. The remainder of this act becomes effective December 1, 2015, and applies to violations committed on or after that date.