BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2361
                                                                  Page  1

          ASSEMBLY THIRD READING
          AB 2361 (Ruskin) 
          As Amended  April 29, 2010
          Majority vote 

           BUSINESS AND PROFESSIONS   11-0                                 
           
           ----------------------------------------------------------------- 
          |Ayes:|Hayashi, Emmerson,        |     |                          |
          |     |Conway, Eng, Hernandez,   |     |                          |
          |     |Hill, Ma, Nava, Niello,   |     |                          |
          |     |Ruskin, Smyth             |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           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, 2013.  
           
          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  
          accuracy of point of sale devices (scanners).








                                                                  AB 2361
                                                                  Page  2


          "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:  
          0004085