Under existing law, a person commits the crime of encoded data fraud by (1) possessing a scanning device and using or attempting to use the device to read, obtain, memorize, or store information encoded on an identification document by means of a magnetic strip; or (2) possessing or using a reencoder to place encoded information on an identification document by means of a magnetic strip.
This bill would expand the crime of encoded data fraud to include the possession of a purported credit or debit card that was not legitimately issued by a financial institution or other entity for fraudulent purposes.
Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.
The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.
Delivered to Governor at 3:10 p.m. on May 4, 2016.
Assigned Act No. 2016-359.
Clerk of the House Certification
Passed Second House
Signature Requested
Motion to Read a Third Time and Pass adopted Roll Call 967
Enrolled
Third Reading Passed
Read for the second time and placed on the calendar
Read for the first time and referred to the Senate committee on Judiciary
Motion to Read a Third Time and Pass adopted Roll Call 455
Third Reading Passed
Read for the second time and placed on the calendar
Read for the first time and referred to the House of Representatives committee on Judiciary
Source: Alabama Legislature