BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2307


                                                                    Page  1





          Date of Hearing:  May 4, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2307 (Chau) - As Amended April 11, 2016


           ----------------------------------------------------------------- 
          |Policy       |Privacy and Consumer           |Vote:|11 - 0       |
          |Committee:   |Protection                     |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
          |-------------+-------------------------------+-----+-------------|
          |             |                               |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
          |-------------+-------------------------------+-----+-------------|
          |             |                               |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
           ----------------------------------------------------------------- 


          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          Yes


          SUMMARY:


          This bill establishes a uniform reporting protocol for service  
          agents alerted to the presence of a credit card skimming device  
          or who discover a suspicious device during the course of a  








                                                                    AB 2307


                                                                    Page  2





          repair of a weighing and measuring device. Specifically, this  
          bill:





          1)Requires a county sealer who receives information or evidence  
            indicating that any weighing or measuring device under the  
            county sealer's jurisdiction has been altered to facilitate  
            fraudulent activity to coordinate with the appropriate law  
            enforcement authorities in investigating and prosecuting the  
            fraudulent activity. 



          2)Requires a service agency or service agent, upon discovering  
            an altering device, to report to the county sealer within 24  
            hours and, if the service agency or service agent has  
            possession of the device, to surrender the device to the  
            county sealer or local law enforcement within 24 hours of  
            discovery. 



          FISCAL EFFECT:


          Negligible state fiscal impact.  The bill contains a potential  
          reimbursable mandate for the reporting requirement, but county  
          sealers indicate that this cost is minor.  It is unlikely a  
          county would submit a claim to the Commission on State Mandates.


          COMMENTS:


          1)Purpose.   This bill is intended to help prevent credit card  
            fraud and identity theft by requiring service agents who  








                                                                    AB 2307


                                                                    Page  3





            repair gas pumps and other measuring devices to report and  
            turn over credit card skimming devices within 24 hours to  
            their county sealer, or law enforcement. 


            According to the author's office, "Across the country,  
            criminal organizations are using skimmer devices to steal  
            money from unsuspecting victims using gas pumps, ATMs, or  
            other credit card vending machines.  In 2015, there was an  
            inspection conducted at 33 gas stations in Los Angeles and  
            Ventura Counties, by personnel from the Los Angeles County  
            Agricultural Commissioner's office, numerous federal and local  
            law enforcement agencies, an energy corporation, and a  
            financial services corporation, which found ten credit card  
            skimmers located at eight gas stations. Unfortunately, there  
            is no uniform process for dealing with these devices when they  
            are discovered by a service agent in California.  Reports from  
            county sealers throughout California indicate that service  
            agents often dispose skimmers into the garbage or hand them  
            over to gas station attendants instead of reporting the  
            problem."


          2)Background. County sealers of weights and measures are  
            responsible for ensuring all commercial scaling and volumetric  
            measuring devices are providing accurate readings, so  
            customers pay the appropriate amount for the product they are  
            purchasing.  One of the most common devices sealers test  
            annually is gas station pumps. If the county sealer determines  
            that a gas pump is not providing an accurate reading, then it  
            is removed from operation until an authorized service agent  
            can repair the pump.  According to the California Agricultural  
            Commissioners and Sealers Association, service agents have  
            been encountering a growing number of credit card skimmers in  
            the course of repairing gas pumps.


            Unlike retails stores, which typically have cashiers at  
            point-of-sale, gas stations typically have self-service pumps  








                                                                    AB 2307


                                                                    Page  4





            making them harder to monitor to prevent tampering.  In  
            addition, the oil industry received a two-year extension to  
            October 2017 to comply with new federal regulations that began  
            requiring all other retailers to install chip enabled credit  
            card machines by October 2015.  


          





          Analysis Prepared by:Jennifer Swenson / APPR. / (916)  
          319-2081