BILL NUMBER: AB 1721	CHAPTERED  09/24/04

	CHAPTER  752
	FILED WITH SECRETARY OF STATE  SEPTEMBER 24, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 24, 2004
	PASSED THE ASSEMBLY  AUGUST 25, 2004
	PASSED THE SENATE  AUGUST 16, 2004
	AMENDED IN SENATE  JUNE 28, 2004
	AMENDED IN SENATE  JUNE 15, 2004
	AMENDED IN SENATE  MAY 6, 2004
	AMENDED IN SENATE  JULY 2, 2003
	AMENDED IN ASSEMBLY  APRIL 28, 2003

INTRODUCED BY   Assembly Member Koretz

                        FEBRUARY 27, 2003

   An act to amend Section 12024.2 of the Business and Professions
Code, relating to prices.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1721, Koretz.  Prices:  overcharges.
   Existing law prohibits a person from computing, at the time of
sale of a commodity, a value that is not a true extension of a price
per unit that is then advertised, posted, or quoted, or charging, at
the time of sale, more than the price that is then advertised,
posted, or quoted.  A violation of this provision is a crime.
   This bill would, instead, prohibit any person, at the time of sale
of a commodity, from charging an amount greater than the price, or
computing an amount greater than a true extension of the price per
unit, that is then advertised, posted, marked, displayed, or quoted
for that commodity or to charge an amount greater than the lowest
posted price, notwithstanding any time limitation for that price.
The bill would provide that, except as specified, when more than one
price for the same commodity is advertised, posted, marked,
displayed, or quoted, the person offering the commodity for sale
shall charge the lowest of those prices.  A violation of these
provisions would be a crime.  By expanding the scope of an existing
crime, the bill would impose a state-mandated local program.
   The bill would provide that any limitation on the duration of a
price that is advertised, posted, marked, displayed, or quoted at any
place where a commodity is sold, and at the time of its sale, shall
be void.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


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


  SECTION 1.  The Legislature finds and declares the following:
   The Legislature intends that stores always charge the lowest
posted price for all items and that stores shall not rely on
purported effective dates to avoid compliance with that rule.
  SEC. 2.  Section 12024.2 of the Business and Professions Code is
amended to read:
   12024.2.  (a) It is unlawful for any person, at the time of sale
of a commodity, to do any of the following:
   (1) Charge an amount greater than the price, or to compute an
amount greater than a true extension of a price per unit, that is
then advertised, posted, marked, displayed, or quoted for that
commodity.
   (2) Charge an amount greater than the lowest price posted on the
commodity itself or on a shelf tag that corresponds to the commodity,
notwithstanding any limitation of the time period for which the
posted price is in effect.
   (b) A violation of this section is a misdemeanor punishable by a
fine of not less than twenty-five dollars ($25) nor more than one
thousand dollars ($1,000), by imprisonment in the county jail for a
period not exceeding one year, or by both, if the violation is
willful or grossly negligent, or when the overcharge is more than one
dollar ($1).
   (c) A violation of this section is an infraction punishable by a
fine of not more than one hundred dollars ($100) when the overcharge
is one dollar ($1) or less.
   (d) As used in subdivisions (b) and (c), "overcharge" means the
amount by which the charge for a commodity exceeds a price that is
advertised, posted, marked, displayed, or quoted to that consumer for
that commodity at the time of sale.
   (e) Except as provided in subdivision (f), for purposes of this
section, when more than one price for the same commodity is
advertised, posted, marked, displayed, or quoted, the person offering
the commodity for sale shall charge the lowest of those prices.
   (f) Pricing may be subject to a condition of sale, such as
membership in a retailer-sponsored club, the purchase of a minimum
quantity, or the purchase of multiples of the same item, provided
that the condition is conspicuously posted in the same location as
the price.
  SEC. 3.  The provisions of this act are severable.  If any
provision of this act or its application is held invalid, that
invalidity shall not affect other provisions or applications that may
be given effect without the invalid provision or application.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.