BILL NUMBER: AB 1181	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 21, 2011
	AMENDED IN ASSEMBLY  MAY 10, 2011

INTRODUCED BY   Assembly Member Butler

                        FEBRUARY 18, 2011

   An act to amend Sections 12210.5, 12509, 12511.1, and 12512 of the
Business and Professions Code, relating to weights and measures.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1181, as amended, Butler. Weights and measures.
    Existing law makes it a crime for a person, firm, corporation, or
association to advertise, solicit, or represent by any means a
product for sale or purchase if it is intended to entice a consumer
into a transaction different from that originally represented. When
the sale of any commodity is based upon a quantity representation
either furnished by the purchaser or obtained through the use of
equipment supplied by the purchaser, the purchaser is prohibited from
buying the commodity according to any quantity which is less than
the true quantity. A violation of these provisions is a misdemeanor.
   This bill would revise the latter provision by prohibiting the
purchaser from buying the commodity according to any quantity which
is less than the true quantity or computing the purchase price of the
commodity according to a unit price that is less than the highest
applicable price  per unit, that is advertised,  posted 
, marked, displayed, or quoted  for the commodity. Because the
bill would change the definition of a crime, the bill would impose a
state-mandated local program.
   Existing law also prohibits a person from engaging in business as
a service agency for the repair of weights and measures, unless that
person registers with the Secretary of Food and Agriculture, as
specified.
   This bill would make technical and conforming changes to related
provisions.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 12210.5 of the Business and Professions Code is
amended to read:
   12210.5.  (a) Any county which inspects or tests any weighing or
measuring device or instrument used commercially, at the request of
the owner or user of that device, when inspection or testing of the
device could legally be performed by a registered service agency, as
defined in Section 12531, may, if authorized by the county board of
supervisors, collect from the requesting owner or user thereof a fee.

   (b) That fee shall be based upon a uniform schedule of fees, which
shall be prescribed by the secretary for use by the counties. The
secretary shall prepare the schedule of fees to be comparable with
the rates charged by the industry's registered  repairmen
  service agencies  . All fees collected shall be
credited to the general fund of the county in which collected and
used only for the administration and enforcement of laws pertaining
to weights and measures.
  SEC. 2.  Section 12509 of the Business and Professions Code is
amended to read:
   12509.  (a) When any weight, measure, or weighing or measuring
instrument has been repaired and corrected, and has been reinspected
and found correct  ,  the sealer shall remove the tag or
device with the words "out of order," and shall seal and mark that
weight, measure, or weighing or measuring instrument in the manner
provided for the marking of the same where, upon inspection, it is
found correct.
   (b) Upon completion of corrective repairs or adjustments, and with
the authorization from the sealer, a registered service agency, as
defined in Section 12531, may remove an "out of order" tag or device,
and the weight, measure, or weighing or measuring instrument may be
placed in service pending reinspection by the sealer.
  SEC. 3.  Section 12511.1 of the Business and Professions Code is
amended to read:
   12511.1.  Notwithstanding any other provisions of this division,
any weight or measure, or weighing or measuring instrument, found
correct or corrected by a registered service agency, as defined in
Section 12531, authorized pursuant to Section 12509, may be used
commercially pending reinspection by a sealer.
  SEC. 4.  Section 12512 of the Business and Professions Code is
amended to read:
   12512.  When the sale of any commodity is based upon a quantity
representation either furnished by the purchaser or obtained through
the use of equipment supplied by the purchaser, the purchaser shall
in no case buy the commodity according to any quantity which is less
than the true quantity or compute the purchase price of the commodity
according to a unit price that is less than the highest applicable
price  per unit, that is advertised,  posted  , marked,
displayed, or quoted  for the commodity. Violation of this
section is a misdemeanor.
  SEC. 5.  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.