BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2035
                                                                  Page  1

          Date of Hearing:   April 25, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                  AB 2035 (Bradford) - As Amended:  April 16, 2012 

          Policy Committee:                              Human 
          ServicesVote:5 - 0 

          Urgency:     No                   State Mandated Local Program: 
          Yes    Reimbursable:              Yes

           SUMMARY  

          This bill establishes protections for CalWORKs recipients who 
          are victims of electronic benefit theft. Specifically, this 
          bill: 

          1)Requires the Department of Social Services (DSS) to develop a 
            protocol for reporting electronic benefit theft or skimming 
            that minimizes the burden for recipients. 

          2)Defines skimming as a form of identity theft by which a 
            recipient's electronic benefit transfer (EBT) account 
            information or personal identification number are 
            electronically accessed by a third party who uses that 
            information to remove funds from the recipients account. 

          3)Clarifies that a victim of skimming shall be treated the same 
            as a victim of a stolen EBT card and that any benefits 
            withdrawn from the card shall be promptly replaced after the 
            recipient reports the loss.

           FISCAL EFFECT  

          Unknown workload costs, likely less than $100,000 for one 
          limited-term staff person to develop the appropriate protocol. 

           COMMENTS  

           1)Purpose  . According to the author, an emerging form of 
            thievery, referred to as skimming, allows thieves to acquire 
            account numbers and personal identification numbers (PINs) of 
            electronic cards, including EBT cards, without the card owner 








                                                                  AB 2035
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            losing possession of the card or PIN or knowing they have 
            become victims until they discover the money is gone. 

            Establishing loss of benefits through skimming is generally 
            difficult than in the case of  lost or stolen EBT cards 
            because victims still have their cards and may not realize the 
            information has been electronically stolen. When a card is 
            lost or stolen the recipient is able to get reimbursement from 
            the time the loss is reported.  With skimming, the recipient 
            may not discover and, thus, report the loss immediately.  The 
            intent of this legislation is to require DSS develop protocols 
            for quickly and efficiently restoring benefits to participants 
            whose benefits have been stolen through skimming. 

           2)Background  . Food benefits through California's CalFresh 
            program are distributed through an EBT system, which is 
            governed by the California Electronic Benefits Transfer Act.  
            The EBT system replaced the former benefit distribution 
            system, which relied on traditional paper warrants to deliver 
            benefits to recipients.  Under the EBT system, benefits are 
            stored in a central computer database.  Recipients access 
            their electronically-stored benefits at point-of-sale 
            terminals, ATMs, and other electronic funds transfer devices, 
            using plastic cards with magnetic stripes similar to debit 
            cards. Counties may also use EBT systems to distribute cash 
            benefits under other programs, such as CalWORKs or General 
            Assistance. All 58 California counties use the EBT system to 
            deliver either CalWORKs or General Assistance benefits or 
            both.  

           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916) 
          319-2081