BILL NUMBER: AB 1489	CHAPTERED
	BILL TEXT

	CHAPTER  49
	FILED WITH SECRETARY OF STATE  JULY 18, 2005
	APPROVED BY GOVERNOR  JULY 18, 2005
	PASSED THE ASSEMBLY  JULY 5, 2005
	PASSED THE SENATE  JULY 1, 2005
	AMENDED IN SENATE  JUNE 22, 2005
	AMENDED IN ASSEMBLY  APRIL 27, 2005

INTRODUCED BY   Assembly Member Calderon

                        FEBRUARY 22, 2005

   An act to amend Section 13082 of the Financial Code, relating to
point-of-sale systems.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1489, Calderon  Point-of-sale systems.
    Existing law requires that, whenever a point-of-sale system is
changed or modified to include a video touch screen or nontactile
keypad, the point-of-sale device also be equipped with a tactually
discernible numerical keypad meeting specified requirements that
enables a visually impaired person to enter personal information
necessary to process a transaction. Existing law requires certain
existing point-of-sale systems and certain systems to be sold on and
after January 1, 2006, that include a video touch screen or
nontactile keypad to be equipped with a tactually discernible keypad
satisfying those requirements.
   This bill would require the point-of-sale devices to be equipped
with either a tactually discernible keypad or other technology.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 13082 of the Financial Code is amended to read:

   13082.  (a) Whenever a point-of-sale system is changed or modified
to include a video touch screen or any other nontactile keypad, the
point-of-sale device that would include the video touch screen or
nontactile keypad shall also be equipped with either of the
following:
   (1) A tactually discernible numerical keypad similar to a
telephone keypad containing a raised dot with a dot base diameter
between 1.5 millimeters and 1.6 millimeters and a height between 0.6
millimeters and 0.9 millimeters on the number 5 key that enables a
visually impaired person to enter his or her own personal
identification number or any other personal information necessary to
process the transaction in a manner that provides the opportunity for
the same degree of privacy input and output available to all
individuals.
   (2) Other technology, such as a radio frequency identification
device, fingerprint biometrics, or some other mechanism that enables
a visually impaired person to access the video touch screen device
with his or her personal identifier and to process his or her
transaction in a manner that provides the opportunity for the same
degree of privacy input and output available to all individuals.
   (b) (1) On or before January 1, 2010, any existing point-of-sale
system, except as provided in paragraph (2), that includes a video
touch screen or any other nontactile keypad shall also be equipped
with a tactually discernable keypad or other technology as described
in subdivision (a).
   (2) At locations equipped with two or less point-of-sale machines,
only one point-of-sale machine shall be required to be equipped with
a tactually discernible keypad or other technology on or before
January 1, 2010, as described in subdivision (a).
   (c) On and after January 1, 2006, a manufacturer or distributor
shall be required to offer for availability touch screen or other
nontactile point-of-sale devices to be used and sold in this state
that are equipped with tactually discernible keypads or other
technology as described in subdivision (a) that enable a visually
impaired person to enter his or her own personal identification
number or any other personal information necessary to process a
transaction in a manner that ensures personal privacy of the
information being entered.
   (d) As used in this section, "point-of-sale device" includes any
device used by a customer for the purchase of a good or service where
a personal identification number (PIN) is required, but does not
include the following:
   (1) An automated teller machine as defined in subdivision (c) of
Section 13020.
   (2) A point-of-sale device that is equipped to, or exclusively
services, motor fuel dispensers.
   (e) A unit is not in compliance with this section unless it
includes a device, whether internal or external to the unit, that
does not lend itself to easy removal, allows visually impaired users
easy access, and otherwise meets the terms and conditions of this
section. If the device is freestanding, it shall be permanently
attached to the unit by means of a braided wire or some other tether.

   (f) This section shall not be construed to preclude or limit any
other existing right or remedy as it pertains to point-of-sale
devices and accessibility.