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AL HB140

Bill

Status

Engrossed

5/26/2015

Primary Sponsor

Steve McMillan

Click for details

Origin

House of Representatives

Regular Session 2015

AI Summary

  • Amends Section 40-29-119 to extend the statute of limitations to 6 years for prosecution of offenses involving automated sales suppression devices or phantom-ware under Section 40-29-121.

  • Creates new crime under Section 40-29-121 making it unlawful to knowingly sell, purchase, install, transfer, use, or possess automated sales suppression devices or phantom-ware in Alabama.

  • Defines automated sales suppression device as software that falsifies electronic records of cash registers and point-of-sale systems, and phantom-ware as hidden programming in cash register operating systems that can manipulate or eliminate transaction records.

  • Establishes criminal penalties of Class C felony with fines up to $100,000 for individuals or $500,000 for corporations, plus imprisonment up to 3 years; violators also liable for all taxes, fees, penalties, and interest owed and must forfeit profits from the devices.

  • Declares automated sales suppression devices and phantom-ware contraband subject to state forfeiture; effective immediately upon passage and gubernatorial approval.

Legislative Description

Sales tax transactions, possession or use of automated sales suppression devices or phantom-ware to delete sales from cash register records, prohibited, criminal penalties, Sec. 40-29-121 added; Sec. 40-29-119 am'd.

Taxation

Last Action

Pending third reading on day 30 Favorable from Judiciary

6/4/2015

Committee Referrals

Judiciary5/28/2015
Judiciary3/5/2015

Full Bill Text

No bill text available