March 9, 2017, Introduced by Senators SCHMIDT, BIEDA, MARLEAU and NOFS and referred to the Committee on Agriculture.
A bill to amend 1984 PA 44, entitled
"Motor fuels quality act,"
by amending section 10a (MCL 290.650a), as amended by 2002 PA 13,
and by adding section 4b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4b. (1) If a pump for dispensing motor fuel for sale at a
roadside retail location includes a scanning device for reading a
customer payment card as an integral part of the pump, the pump
must include a security measure to restrict the unauthorized access
of customer payment card information. The security measure must
include 1 or more of the following:
(a) Pressure-sensitive security tape that is imprinted with a
customized graphic and placed over the panel opening leading to the
scanning device so as to restrict unauthorized opening of the
panel.
(b) A device or system to render the pump or the scanning
device inoperable if the panel is opened without proper
authorization.
(c) A means for encrypting the customer payment card
information in the scanning device.
(d) Any other measure approved by the department.
(2) If the owner or agent of the owner of a pump required to
have a security measure under subsection (1) receives a written
notice of noncompliance, he or she shall bring the pump into
compliance. If the violation is not corrected within 5 days after
receipt of the notice of noncompliance, the department may only
prohibit the use of the pump until a properly functioning security
measure is installed on the device.
(3) As used in this section:
(a) "Customer payment card" means a credit or debit card or
other card encoded to provide an electronic means for initiating a
fund transfer from the customer's deposit account or for initiating
electronic billing.
(b) "Pump" means a device for measuring and dispensing motor
fuel used to propel vehicles on the highways of this state.
(c) "Scanning device" means a scanner, reader, or any other
electronic device that is used to access, read, scan, obtain,
memorize, or store, temporarily or permanently, information encoded
on the magnetic strip or stripe of a customer payment card.
Sec.
10a. (1) A Except as
otherwise provided in section 4b, a
person who individually, or by the action of his or her agent or
employee, or as the agent or employee of another violates this act
or a rule promulgated under this act is subject to an
administrative fine. Upon the request of a person to whom an
administrative fine is issued, the director shall conduct a hearing
conducted
pursuant to the administrative
procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328. A fine authorized by this
section
shall must be as follows:
(a) For a first violation, not less than $100.00 or more than
$500.00, plus actual costs of the investigation and double the
amount of any economic benefit associated with the violation.
(b) For a second violation within 5 years after the first
violation, not less than $500.00 or more than $1,000.00, plus
actual costs of the investigation and double the amount of any
economic benefit associated with the violation.
(c) For a third violation within 5 years after the date of the
first violation, not less than $1,000.00 or more than $2,000.00,
plus actual costs of the investigation and double the amount of any
economic benefit associated with the violation.
(2) A decision of the director under this section is subject
to judicial review as provided by law.
(3) The director shall advise the attorney general of the
failure of any person to pay an administrative fine imposed under
this section. The attorney general shall bring an action in court
of competent jurisdiction to recover the fine.
(4) Any administrative fine, costs, and the recovery of any
economic benefit associated with a violation collected under this
section
shall must be paid to the state treasury and deposited into
the gasoline inspection and testing fund.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.