BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 482|
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THIRD READING
Bill No: SB 482
Author: Hill (D)
Amended: As introduced
Vote: 21
SENATE BUS., PROF. & ECON. DEVELOPMENT COMMITTEE : 10-0, 4/1/13
AYES: Price, Emmerson, Block, Corbett, Galgiani, Hernandez,
Hill, Padilla, Wyland, Yee
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Point-of-sale systems
SOURCE : Author
DIGEST : This bill extends indefinitely the law authorizing a
county to perform inspections, and charge inspection fees for
retail point-of-sale (POS) systems, and to take enforcement
actions for violations of that law.
ANALYSIS :
Existing law:
1. Authorizes the board of supervisors of any county or city and
county that has adopted an ordinance for the purposes of
determining the pricing accuracy of a retail establishment
using a POS system to perform standard inspections, charge
inspection fees, and take enforcement actions.
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2. Establishes the criteria and methodology, as specified, by
which local officials are to measure and verify the accuracy
of a POS system used by retail establishments as a means for
determining the price of an item being purchased by a
consumer.
3. Requires the sealer to verify that the lowest price
advertised, posted, marked, displayed, or quoted is the same
as the price displayed or computed by the POS equipment or
printed receipt, and states that items computed at a higher
price shall be considered not in compliance.
4. Provides that enforcement action may be taken for any item
not in compliance, and that the sealer may re-inspect any
retail facility that has a compliance rate of less than 98%.
5. Provides that a county may charge an inspection fee or an
annual registration fee, not to exceed the actual cost of the
inspection or testing.
6. Provides that a county may charge a re-inspection fee, not to
exceed the actual cost of the re-inspection or tests, when an
establishment has failed a standard inspection.
7. Defines "point-of-sale system" as any computer or electronic
system used by a retail establishment such as, but not
limited to, Universal Product Code (UPC) scanners,
price-look-up codes, or an electronic price look-up system as
a means for determining the price of the item being purchased
by a consumer.
8. Authorizes the re-inspection of a retail establishment if one
or more price accuracy violations have occurred in the
previous six months.
9. Repeals the January 1, 2014 sunset date of the POS law.
This bill deletes the January 1, 2014 sunset date of the POS
law, thereby extending indefinitely the POS law which authorizes
a county to perform inspections, and charge inspection fees for
retail POS systems, and to take enforcement actions for
violations of that law.
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Background
The Department of Food and Agriculture has general enforcement
supervision of the state law relating to weights and measures
and measuring devices, and any state or county sealer has
authority to administer specific provisions of this law. The
authority for weights and measures registration fees was first
enacted in 1982 to provide funding for inspection activities.
The law has been amended several times to add additional devices
and to adjust the schedule of maximum fees. Under the law, the
county board of supervisors may authorize POS registration fees
and establish inspection fees not to exceed the actual cost of
conducting the inspection. The inspection process involves
testing a representative sample of items from a retail
establishment and determining whether the advertised price
matches what the consumer is charged.
Comments
The author indicates that this bill is necessary to ensure that
the consumer protections contained in prior legislation relating
to POS devices (AB 889 and AB 1907) remain in statute
permanently. These bills granted counties the authority to
inspect the pricing accuracy of retail POS systems and
established appropriate fees, and to ensure that fees would be
commensurate with enhanced service and uniformity in the
inspection process.
Prior Legislation
AB 1907 (Ruskin, Chapter 434, Statutes of 2008) extended the
sunset date on the POS law from January 1, 2009, to January 1,
2014.
AB 889 (Ruskin, Chapter 529, Statutes of 2005) extended
authority of county sealers of weights and measures to levy
civil penalties for violations, extended the sunset on the
authority for counties to charge an annual device registration
fee, updated and revised fee schedule levels, and extended,
until January 1, 2009, the authority for counties to inspect the
pricing accuracy of retail POS systems.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
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SUPPORT : (Verified 4/12/13)
California Agricultural Commissioners and Sealers Association
California Grocers Association
California Retailers Association
ARGUMENTS IN SUPPORT : The California Agricultural
Commissioners and Sealers Association (CACASA) indicates that
the current inspection procedure represents a carefully crafted
compromise that was agreed to by all interested parties. CACASA
states that all affected parties have discussed the merits of
the scanner inspection program and have agreed that the local
oversight benefits not only the consumer through more accurate
and fair pricing at the marketplace; but also the industry
through the creation of a level playing field. CACASA states
that there is mutual agreement that counties should continue to
have the ability to opt into the program.
The California Grocers Association supports making the current
POS law permanent, stating that the criteria and methodology
established in 2005 has worked effectively for the last eight
years and supports removing the sunset date from the existing
law.
MW:d 4/15/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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