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As used in this section,the following words and phrases shall have the meanings ascribed hereinunless the context clearly indicates otherwise:
"Automated salessuppression device" or "zapper" means a softwareprogram carried on a memory stick or other flash memory data storagedevice, or on a removable optical disc or accessed through an Internetlink, or by any other means, that falsifies the electronic recordsof electronic cash registers and other point-of-sale systems, including,but not limited to, transaction data and transaction reports.
"Electronic cashregister" means a device that keeps an electronic record, registeror supporting documentation, through the use of an electronic deviceor computer system, of data for the purpose of computing, compilingor processing retail sales transaction data, and includes a cash registeror any other point-of-sale system.
"Phantom-ware"means a hidden or concealed programming option embedded in the operatingsystem of, or hardwired into, an electronic cash register that canbe used to create a second or alternate set of records or to eliminateor manipulate transaction records, which may or may not be preservedin digital format, to represent either the actual or the manipulatedrecord of transactions.
"Transaction data"means data relating to a transaction which includes, but is not limitedto, data identifying each item purchased by a customer; the pricefor each item; a taxability determination for each item; a segregatedtax amount for each of the taxed items; the amount of cash or credittendered; the net amount returned to a customer in change; the dateand time of a purchase; the name, address and identification numberof a vendor; and the receipt or invoice number of a transaction.
"Transaction report" means:
A report that contains, but is not limitedto, documentation of the sales, taxes or fees collected, media totals,and discount voids of an electronic cash register and that is printedon cash register tape or other hard copy at the end of a day or shift;
A report that documents every action performedon or by an electronic cash register and that is stored electronically;and/or
Any variation of reports described insubparagraphs (i) and (ii) of this paragraph (e).
It shall be unlawful for any person toknowingly create, design, manufacture, sell, purchase, lease, install,update, repair, service, transfer, use, or possess or otherwise makeavailable any automated sales suppression device, zapper or phantom-ware.
Any person who violates the provisionsof this section shall be guilty of a felony and, upon conviction thereof,shall be fined not more than One Hundred Thousand Dollars ($100,000.00)or imprisoned for not more than fifteen(15) years, or both.
An automated sales suppression device,zapper or phantom-ware and any device containing such device or softwareshall be contraband and shall be forfeited to the state.