BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2361
                                                                  Page  1

          Date of Hearing:   April 13, 2010

              ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER  
                                     PROTECTION
                                 Mary Hayashi, Chair
                 AB 2361 (Ruskin) - As Introduced:  February 19, 2010
           
          SUBJECT  :   Weights and measures: inspection: fees.

           SUMMARY  :   Extends the sunset date on the authority of the board  
          of supervisors of a county to charge fees to recover the costs  
          of the county sealer to perform specified duties until January  
          1, 2016.  
           
          EXISTING LAW  :

          1)Requires the county sealer to inspect and test weighing and  
            measuring devices that are used or sold in the county and to  
            weigh or measure packages to determine whether they contain  
            the amount represented.

          2)Establishes a fee schedule to offset the cost of mandated  
            inspections.

           FISCAL EFFECT  :   Unknown.  This bill is keyed non-fiscal.

           COMMENTS  :

           Background  .  According to the author's office, the authority to  
          levy registration fees on weights and measures was first "passed  
          by the Legislature in 1982 to provide funding for weights and  
          measures inspection activities.  Section 12240 of the Business &  
          Professions Code was amended in 1983, 1987, 1991, 1992, 1993,  
          and 1994, 1996, 1998, and 2005 to add additional devices to the  
          registration program and to adjust the schedule of maximum fees.  
           The section now applies to virtually all weighing and measuring  
          devices used commercially.  The only exceptions are farm milk  
          tanks, which are specifically exempted, and scanners, which are  
          not considered weighing or measuring devices.  There is a  
          separate fee schedule and inspection program that regulates the  
          accuracy of point of sale devices (scanners).

          "The range of weighing and measuring devices included in the  
          registration program currently includes retail fuel dispensing  








                                                                  AB 2361
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          meters; water meters; electric meters that measure electricity  
          that is sub-metered by a mobile home park, apartment complex, or  
          boat dock; liquefied petroleum gas meters or gas vapor meters  
          that are sub-metered; truck scales, cattle scales and grocery  
          counter scales; taxi meters; and a variety of other devices that  
          weigh or meter a commodity offered for sale.

          "The authority to collect fees has never been drafted in  
          perpetuity and, to date, has always been scheduled to sunset on  
          a date specified in law.  This allows for stakeholder discussion  
          of the program before renewing the fee authority."

           Previous legislation  .  

          AB 889 (Ruskin), Chapter 529, Statutes of 2005, extended the  
          sunset date to January 1, 2011, established a gradual increase  
          in Board of Supervisors approved fees that could be adopted to  
          more fully fund the local weights and measure device inspection  
          program, and initiated a two-tiered fee schedule that provided  
          both a location fee and a device fee to more effectively capture  
          the cost of the initial inspection.

          AB 1810 (Wiggins), Chapter 512, Statues of 2000, extended the  
          sunset date to January 1, 2006.

          SB 189 (Kelley), Chapter 476, Statutes of 1997, extended the  
          sunset date to January 1, 2001.

          AB 1728 (Murray), Chapter 47, Statutes of 1995, extended the  
          sunset date to January 1, 1998.

           Support  .  According to the sponsor of the bill, California  
          Agricultural Commissioners and Sealers Association (CACASA), "AB  
          2361 was introduced as a vehicle to address the upcoming sunset  
          of the Devise Registration Program and also as a catalyst to  
          spur dialogue between county sealers and affected industry  
          groups.  As the bill moves forward, the Association will welcome  
          all affected industry groups to trade information and assess the  
          efficiencies and best practices utilized.

          CACASA commits to working with all interested parties, but will  
          not sacrifice the integrity of the program or dilute the  
          oversight that sealers provide the public.  If a devise is being  
          used to assess a charge on a customer, it must be accurate."








                                                                  AB 2361
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          REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Agricultural Commissioners and Sealers Association  
          (CACASA) - (sponsor)
          California State Association of Counties
          Regional Council of Rural Counties
          Santa Clara County Board of Supervisors

           Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Marina Wiant / B., P. & C.P. / (916)  
          319-3301