AB 2307,
as amended, Chau. Weights and measures:begin delete service agencies and service agents:end delete 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 billbegin insert would require a county sealer to coordinate with the appropriate law enforcement authorities as needed in investigating and prosecuting fraudulent activity if the county sealer receives information or evidence that a weighing or measuring device, parking meter, or other installment under his or her jurisdiction has been altered in such a way as to facilitate fraud. The billend insert would require a service agency or service agent to report to the county sealerbegin insert within 24 hoursend insert if a weighing or measuring device has been altered in such a way as to facilitate fraud, and to surrender the devicebegin insert or component of the device, as specified,end insert 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:
begin insertSection 12215 is added to the end insertbegin insertBusiness and
2Professions Codeend insertbegin insert, to read:end insert
A county sealer who receives information or evidence
4indicating that any weighing or measuring device, parking meter,
5or other installation under the county sealer’s jurisdiction has
6been altered in such a way as to facilitate any type of fraud shall
7coordinate with the appropriate law enforcement authorities as
8needed in investigating and prosecuting the fraudulent activity.
Section 12532 of the Business and Professions Code
11 is amended to read:
(a) No person shall engage in business as a service
13agency unless the person is registered by the Secretary of Food
14and Agriculture pursuant to this chapter and unless the current
15registration fee and any penalty has been paid.
16(b) Applications for registration shall be in writing on a form
17prescribed by the department, and shall be accompanied by the
18required fee.
P3 1(c) A service agency shall forward to the department the name
2or names of service agents employed by them, with the appropriate
3fees required by Section 12535.
4(d) A
device may only be placed in service by a sealer or a
5service agency. A device used by a public utility in connection
6with measuring gas, electricity, water, steam, or communication
7service subject to the jurisdiction of the Public Utility Commission
8is exempt from the requirements of this chapter.
9(e) Except as provided in subdivision (f), no person who repairs
10a device is required to be registered if the device is placed into
11service by a sealer or service agency.
12(f) Vapor measuring devices operating at greater than 11 inches
13water column shall be installed by a service agency.
14(g) In the event of any change in the legal status of a registered
15service agency, the new legal entity shall obtain a new registration
16
before operating as a service agency.
17(h) A service agency may employ or designate a licensed service
18agent to act for the service agency and shall be responsible for all
19acts of that person.
20(i) If a device has been altered in such a way as to facilitate
21fraud, a service agency or service agent shall report it to the county
22begin delete sealer.end deletebegin insert sealer within 24 hours of discovering that the device has
23been altered.end insert If the service agency or service agent has possession
24of thebegin delete device,end deletebegin insert
device or any mechanism, component, software, or
25other device attached to or used in conjunction with the device
26that serves to facilitate fraud,end insert the service agency or service agent
27shall surrender thebegin insert device, mechanism, component, software, or
28otherend insert device to the county sealer or local law enforcement within
2924 hours of discovering that the device has been altered.
No reimbursement is required by this act pursuant to
32Section 6 of Article XIII B of the California Constitution for certain
33costs that may be incurred by a local agency or school district
34because, in that regard, this act creates a new crime or infraction,
35eliminates a crime or infraction, or changes the penalty for a crime
36or infraction, within the meaning of Section 17556 of the
37Government Code, or changes the definition of a crime within the
38meaning of Section 6 of Article XIII B of the California
39Constitution.
P4 1However, if the Commission on State Mandates determines that
2this act contains other costs mandated by the state, reimbursement
3to local agencies and school districts for those costs shall be made
4pursuant to Part 7 (commencing with Section 17500) of Division
54 of Title 2 of the Government Code.
O
98