BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1181
                                                                  Page  1

          Date of Hearing:   May 18, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 1181 (Butler) - As Amended:  May 10, 2011 

          Policy Committee:                              Business and 
          Professions  Vote:                            9 - 0 

          Urgency:     No                   State Mandated Local Program: 
          Yes    Reimbursable:              No

           SUMMARY  

          This bill makes it a misdemeanor for a person who is purchasing 
          a commodity to pay the seller less than the highest applicable 
          price posted for that commodity.  

           FISCAL EFFECT  

          Potential minor non-reimbursable local costs for investigation 
          and prosecution of violations, potentially offset by fine 
          revenue.

           COMMENTS  

           1)Purpose  . The sponsors of this bill, the California 
            Agricultural Commissioners and Sealers Association, states 
            that this bill originated from the discovery that recycling 
            centers were underpaying customers. Currently, there is no 
            requirement that a recycling center provide a receipt for 
            recycling transactions.  As a result, a customer may be paid 
            less than they are entitled to without being aware of it. 

            This bill makes it a misdemeanor for the person buying a 
            commodity, such as recyclable material, to compute the total 
            purchase price using anything less than the highest posted per 
            unit price for that commodity. 

           2)Agricultural Commissioners and Sealers  . In California, 
            Agricultural Commissioners and Sealers of Weights and Measures 
            are appointed in each of California's 58 counties by 
            respective County Board of Supervisors. County Agricultural 
            Commissioners and Sealers work cooperatively with the 








                                                                  AB 1181
                                                                  Page  2

            California Department of Food and Agriculture, California 
            Environmental Protection Agency and the Department of 
            Pesticide Regulation to provide protections to consumers, the 
            environment, the agricultural industry, and to the 
            marketplace.

            The California Business and Professions Code (B&P Code) 
            establishes a County Sealer of Weights and Measures in each 
            county.  Historically, it has been the primary objective of 
            weights and measures officials to ensure that "equity 
            prevails" in the marketplace.  To achieve that objective each 
            county, under the general direction and oversight of the 
            Secretary of Agriculture, enforces the laws and regulations of 
            the B&P Code and the California Code of Regulations (CCR). 
            These enforcement programs protect and promote the local 
            economy and commerce of each county.

           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916) 
          319-2081