BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON
          BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
                              Senator Jerry Hill, Chair
                                2015 - 2016  Regular 

          Bill No:            AB 2307         Hearing Date:    June 20,  
          2016
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          |Author:   |Chau                                                  |
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          |Version:  |April 11, 2016                                        |
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          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Mark Mendoza                                          |
          |:         |                                                      |
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                  Subject:  Weights and measures:  reporting fraud


          SUMMARY:  Establishes a uniform reporting protocol for service agents  
          that discover a device that facilitates fraud found during their  
          repair of a weighing and measuring device.

          Existing law:
          
          1) Establishes the office of the county sealer in California's  
             58 counties and authorizes the sealer to prosecute violations  
             of laws relating to weights and measures.  (Business and  
             Professions Code (BPC) § 1201; 12015; and 12200; et seq.)

          2) Requires that service agents, who act as agents of county  
             sealers, be registered by the Secretary of Food and  
             Agriculture.  (BPC § 12532(a))

          3) Specifies that a device may only be placed into service by a  
             county sealer or a service agent.  (BPC § 12532(d))

          4) Specifies that a person who repairs a device is not required  
             to be registered with the Secretary of Food and Agriculture  
             as long as the device is placed into service following a  
             repair by a sealer or registered service agent or registered  
             service agency.  (BPC 12532(e))

          This bill:








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          1) Requires a county sealer who receives information or evidence  
             indicating that any weighing or measuring device, parking  
             meter, or other installation under the county sealer's  
             jurisdiction has been altered in such a way to facilitate any  
             type of fraud, to coordinate with the appropriate law  
             enforcement authorities as needed in investigating and  
             prosecuting the fraudulent activity.

          2) Requires a service agency or service agent to report to the  
             county sealer, within 24 hours, if a measuring device has  
             been altered in such a way as to facilitate fraud. 

          3) Requires that if a service agency or service agent has  
             possession of the device or any mechanism, component,  
             software, or other device attached to or used in conjunction  
             with a device that serves to facilitate fraud, then the  
             service agency or service agent must surrender the device,  
             mechanism, component, software, or other device to the county  
             sealer or local law enforcement within 24 hours of  
             discovering that the measuring device has been altered. 

          
          FISCAL  
          EFFECT:  This bill has been keyed "fiscal" by Legislative  
          Counsel.  According to the April 11, 2016 Assembly  
          Appropriations Committee analysis, this bill has, "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.   The California Agricultural Commissioners and  
             Sealers Association  is the Sponsor of this bill.  According  
             to the Author, "This bill would require a service agent  
             working on a weighing and measuring device who finds a device  
             that may be used to commit fraud, to report and turn over the  
             device to their county sealer or law enforcement within 24  
             hours.  It also requires county sealers to coordinate with  
             the appropriate law enforcement authorities as needed in  
             investigating and prosecuting criminal activities."

          2. County Sealers.  The inspection and testing of weighing and  








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             measuring devices is overseen by a County Sealer of Weights  
             and Measures.  Historically, these Sealers have been  
             responsible for ensuring that 'equity prevails' in the  
             marketplace and that consumers reliably get precisely what  
             they paid for.  As such, these Sealers and their offices  
             enforce the laws and regulations of the state under the  
             general direction and oversight of the Secretary of Food and  
             Agriculture.  In practice, this oversight involves the  
             inspection and testing of packaged commodities and all  
             commercially-used weighing and measuring devices.   

          3. Fraud within Weighing and Measuring Devices.  In the course  
             of fixing a pump,  service agents have been encountering the  
             growing problem of credit card skimmers, devices that can be  
             created using various electronic parts purchased at stores.   
             The devices are inserted into a gas pump where they collect  
             information from the credit cards being used, including PIN  
             numbers and security codes. The information is then either  
             collected later by the individual themselves or is  
             transmitted wirelessly to a computer where it can be  
             collected and then used to commit fraud.

             Unlike retails stores which typically have cashiers at  
             point-of-sale who can readily monitor the security of the  
             cash registers and credit card swiping machines, gas stations  
             typically have self-service pumps.  The cashiers who work  
             inside of gas station convenience stores simply cannot easily  
             monitor gas pumps throughout the day to prevent tampering by  
             individuals.  Gas pumps are also an easy target for  
             individuals because 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.  

             Across the country, individuals are utilizing these devices  
             to steal money from unsuspecting victims using gas pumps,  
             ATMs, or other credit card vending machines.   Other states  
             hit hard by this type of fraud include Illinois, Indiana,  
             Kentucky, Ohio, Michigan, and Wisconsin.

             California has started to see a rise in this type of fraud as  
             well.  In 2015, inspections conducted at 33 gas stations in  
             Los Angeles and Ventura Counties conducted by personnel from  
             the Los Angeles County Agricultural Commissioner's office,   








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             numerous federal and local law enforcement agencies, an  
             energy corporation and a financial services corporation found  
             ten credit card skimmers located at eight gas stations. 

             There is currently no uniform process for dealing with these  
             devices when they are discovered by a service agent in  
             California.  The Author's office underscores that, "Reports  
             from county sealers throughout California indicate that  
             service agents often dispose of skimmers into the garbage or  
             hand them over to gas station attendants instead of reporting  
             the problem."

             AB 2307 will require service agents to report and turn in  
             credit card skimming devices and other fraudulent mechanisms  
             within 24 hours to their county sealer, or law enforcement.

          4. Prior Related Legislation.   AB 296  (Dodd, Chapter 133,  
             Statutes of 2015) extended the authority of a County Board of  
             Supervisors and the Department of Food and Agriculture to  
             charge fees to recover the County Sealer's costs related to  
             the inspection and testing of weighing and measuring devices,  
             from January 1, 2016, to January 1, 2019.
             
          5. Arguments in Support.   The California Agricultural  
             Commissioners and Sealers Association  (Sponsor) writes that,  
             "AB 2307 will establish 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 repair of a weighing and measuring device.   
             The bill would direct the service agent to report, to their  
             local county sealer, any weighing or measuring device that  
             has been altered in such a way as to facilitate any type of  
             fraud within 24 hours."
          

          SUPPORT AND OPPOSITION:
          
           Support:  

          The California Agricultural Commissioners and Sealers  
          Association (Sponsor)

           Opposition:  









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          None on file as of June 14, 2016.


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