AB 2307, as introduced, Chau. Weights and measures: service agencies and service agents: reporting fraud.
Existing law provides for the regulation of commercial weighing and measuring devices by the Department of Food and Agriculture, and provides for the enforcement of those provisions by the State Sealer and by county sealers of weights and measures in each county. Existing law requires a person who engages in the business of repairing commercial weighing and measuring devices to be registered as a service agency, and requires a person who is employed by a service agency to repair those devices to be licensed as a service agent. Existing law generally makes it a crime to violate the weights and measures provisions.
This bill would require a service agency or service agent to report to the county sealer if a weighing or measuring device has been altered in such a way as to facilitate fraud, and to surrender the device to the county sealer or local law enforcement within 24 hours of discovering that the device has been altered. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program. Also, by imposing additional duties on county sealers, the bill would impose a state-mandated local program.
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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 12532 of the Business and Professions
2Code is amended to read:
(a) No person shall engage in business as a service
4agency unlessbegin insert the person isend insert registered by the Secretary of Food
5and Agriculture pursuant to this chapter and unless the current
6registration fee and any penalty has been paid.
7(b) Applications for registration shall be in writing on a form
8prescribed by the department, and shall be accompanied by the
9required fee.
10(c) A service agency shall forward to the department the name
11or names of service agents employed by them, with the appropriate
12fees required by Section 12535.
13(d) A device may only be placed in service by a sealer or a
14service agency. A device used by a public utility in connection
15with measuring gas, electricity, water, steam, or communication
16service subject to the jurisdiction of the Public Utility Commission
17is exempt from the requirements of this chapter.
18(e) Except as provided in subdivision (f), no person who repairs
19a device is required to be registered if the device is placed into
20service by a sealer or service agency.
21(f) Vapor measuring devices operating at greater than 11 inches
22water column shall be installed by a service agency.
23(g) In the event of any change in the legal status of a registered
24service agency, the new legal entity shall obtain a new registration
25begin delete prior toend deletebegin insert
beforeend insert operating as a service agency.
P3 1(h) A service agency may employ or designate a licensed service
2agent to act for the service agency and shall be responsible for all
3acts of that person.
4(i) If a device has been altered in such a way as to facilitate
5fraud, a service agency or service agent shall report it to the county
6sealer. If the service agency or service agent has possession of the
7device, the service agency or service agent shall surrender the
8device to the county sealer or local law enforcement within 24
9hours of discovering that the device has been altered.
No reimbursement is required by this act pursuant to
11Section 6 of Article XIII B of the California Constitution for certain
12costs that may be incurred by a local agency or school district
13because, in that regard, this act creates a new crime or infraction,
14eliminates a crime or infraction, or changes the penalty for a crime
15or infraction, within the meaning of Section 17556 of the
16Government Code, or changes the definition of a crime within the
17meaning of Section 6 of Article XIII B of the California
18Constitution.
19However, if the Commission on State Mandates determines that
20this act contains other costs mandated by the state, reimbursement
21to local agencies and school districts for those costs
shall be made
22pursuant to Part 7 (commencing with Section 17500) of Division
234 of Title 2 of the Government Code.
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