BILL ANALYSIS
AB 2361
Page 1
ASSEMBLY THIRD READING
AB 2361 (Ruskin)
As Introduced February 19, 2010
Majority vote
BUSINESS AND PROFESSIONS 11-0
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|Ayes:|Hayashi, Emmerson, | | |
| |Conway, Eng, Hernandez, | | |
| |Hill, Ma, Nava, Niello, | | |
| |Ruskin, Smyth | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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 : 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
AB 2361
Page 2
accuracy of point of sale devices (scanners).
"The range of weighing and measuring devices included in the
registration program currently includes retail fuel dispensing
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."
Analysis Prepared by : Marina Wiant / B., P. & C.P. / (916)
319-3301 FN:
0003878