BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1181|
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THIRD READING
Bill No: AB 1181
Author: Butler (D)
Amended: 8/24/12 in Senate
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEV. COMMITTEE : 9-0,
6/20/11
AYES: Price, Emmerson, Corbett, Correa, Hernandez, Negrete
McLeod, Vargas, Walters, Wyland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 38-0, 8/18/11
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, DeSaulnier, Dutton, Emmerson,
Fuller, Gaines, Hancock, Harman, Hernandez, Huff, Kehoe,
La Malfa, Leno, Lieu, Liu, Lowenthal, Negrete McLeod,
Padilla, Pavley, Price, Rubio, Runner, Simitian,
Steinberg, Strickland, Vargas, Walters, Wolk, Wright,
Wyland, Yee
NO VOTE RECORDED: De Le�n, Evans
ASSEMBLY FLOOR : 75-0, 5/26/11 (Consent) - See last page
for vote
SUBJECT : Weights and measures
SOURCE : California Agricultural Commissioners and
Sealers Association
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DIGEST : This bill prohibits, when a commodity is sold
based upon a quantity represented by the purchaser or by
using the purchaser's equipment, the purchaser from paying
the seller less than the highest applicable price per unit,
that is advertised, posted, marked, displayed, or quoted
for that commodity, or where applicable, less than a price
per unit that is established by law, in statute, or by
regulation.
ANALYSIS :
Existing law:
1. Provides that the Division of Measurement Standards
(DMS) within the Department of Food and Agriculture
(DFA) has general enforcement supervision of the laws
relating to weights and measures and measuring devices,
and provides for the enforcement of those laws and the
inspection and testing of measuring devices in each
county by the county sealer.
2. Provides that when the sale of any commodity is based
upon a quantity representation either furnished by the
purchaser or obtained through the use of equipment
supplied by the purchaser, the purchaser is prohibited
from buying the commodity according to any quantity less
than the true quantity. (Business and Professions Code
(BPC) Section 12512)
2. Makes violations of Item #2 above, a misdemeanor
(crime). (BPC Section 12512)
3. Defines, for purposes of weighing and measuring devices,
the term "service agency" to mean any person, firm,
corporation or association that for payment of any kind
repairs a commercial device. (BPC Section 12531)
4. Prohibits any person from acting as a service agency
unless they are registered with the Secretary of DFA and
meet specified requirements including the payment of a
fee. (BPC Section 12532)
This bill:
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1. Additionally prohibits a purchaser from computing the
purchase price of the commodity according to a unit
price that is less than the highest applicable price per
unit, that is advertised, posted, marked, displayed, or
quoted for that commodity or where applicable, less than
a price per unit that is established by law, in statute,
or by regulation.
2. Makes technical corrections and related conforming
changes including revising references to "registered
repairman" to instead refer to a registered service
agency.
Background
In California, Agricultural Commissioners and Sealers of
Weights and Measures are appointed in each of California's
58 counties by respective county boards of supervisors.
County sealers work cooperatively with the DFA, 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 BPC 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 DFA, enforces the laws and
regulations. These enforcement programs protect and
promote the local economy and commerce of each county.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/27/12)
California Agricultural Commissioners and Sealers
Association (source)
ARGUMENTS IN SUPPORT : The bill's sponsor, the California
Agricultural Commissioners and Sealers Association, writes:
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"County weights and measures officials serve all
consumers as the local regulatory agency authorized to
enforce the California Business & Professions Code and
California Code of Regulations pertaining to issues of
'Equity in the Marketplace.' This enforcement
efficiently and effectively protects local commerce, thus
encouraging stability in the state's economy. Sealers
annually perform thousands of inspections on various
commercial devices, check packages for net content,
review weighmaster records for accuracy, provide training
and education to businesses and individuals.
"AB 1181 was introduced in response to the discovery of
underpayments occurring during transactions between
consumers and recycling centers. Currently, there is no
requirement that a recycling center provide a customer
receipt on recycling transactions. Consequently, a
customer may be paid less than they are entitled without
them being aware. Currently, if the weight of the
commodity is deemed correct but the refund is less than
the posted price should compute, the County Sealer is
challenged to identify a clear violation under the
current code. The current language related to the
underpayments addresses underpayments traced to the
misrepresentation of weight or volume of the commodity,
not the actual monies remitted. The proposal will ensure
that consumers are paid the correct refund that is being
advertised by the retailer."
ASSEMBLY FLOOR : 75-0, 5/26/11 (Consent)
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Carter,
Chesbro, Conway, Cook, Dickinson, Donnelly, Eng, Feuer,
Fletcher, Fong, Fuentes, Furutani, Beth Gaines, Galgiani,
Garrick, Gatto, Gordon, Grove, Hagman, Halderman, Hall,
Harkey, Hayashi, Roger Hern�ndez, Hill, Huber, Hueso,
Huffman, Jeffries, Knight, Lara, Logue, Bonnie Lowenthal,
Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell,
Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel
P�rez, Portantino, Silva, Skinner, Smyth, Solorio,
Swanson, Torres, Valadao, Wagner, Wieckowski, Williams,
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AB 1181
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Yamada, John A. P�rez
NO VOTE RECORDED: Campos, Cedillo, Davis, Gorell, Jones
JJA:m 8/28/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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