BILL ANALYSIS
AB 2361
Page 1
Date of Hearing: April 13, 2010
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
AB 2361 (Ruskin) - As Introduced: February 19, 2010
SUBJECT : Weights and measures: inspection: fees.
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, 2016.
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 :
Background . 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).
"The range of weighing and measuring devices included in the
registration program currently includes retail fuel dispensing
AB 2361
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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."
Previous legislation .
AB 889 (Ruskin), Chapter 529, Statutes of 2005, extended the
sunset date to January 1, 2011, established a gradual increase
in Board of Supervisors approved fees that could be adopted to
more fully fund the local weights and measure device inspection
program, and initiated a two-tiered fee schedule that provided
both a location fee and a device fee to more effectively capture
the cost of the initial inspection.
AB 1810 (Wiggins), Chapter 512, Statues of 2000, extended the
sunset date to January 1, 2006.
SB 189 (Kelley), Chapter 476, Statutes of 1997, extended the
sunset date to January 1, 2001.
AB 1728 (Murray), Chapter 47, Statutes of 1995, extended the
sunset date to January 1, 1998.
Support . According to the sponsor of the bill, California
Agricultural Commissioners and Sealers Association (CACASA), "AB
2361 was introduced as a vehicle to address the upcoming sunset
of the Devise Registration Program and also as a catalyst to
spur dialogue between county sealers and affected industry
groups. As the bill moves forward, the Association will welcome
all affected industry groups to trade information and assess the
efficiencies and best practices utilized.
CACASA commits to working with all interested parties, but will
not sacrifice the integrity of the program or dilute the
oversight that sealers provide the public. If a devise is being
used to assess a charge on a customer, it must be accurate."
AB 2361
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REGISTERED SUPPORT / OPPOSITION :
Support
California Agricultural Commissioners and Sealers Association
(CACASA) - (sponsor)
California State Association of Counties
Regional Council of Rural Counties
Santa Clara County Board of Supervisors
Opposition
None on file.
Analysis Prepared by : Marina Wiant / B., P. & C.P. / (916)
319-3301