Bill Text: CA AB2307 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Weights and measures: reporting fraud.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-13 - Chaptered by Secretary of State - Chapter 329, Statutes of 2016. [AB2307 Detail]

Download: California-2015-AB2307-Introduced.html

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BILL NUMBER: AB 2307	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Chau

                        FEBRUARY 18, 2016

   An act to amend Section 12532 of the Business and Professions
Code, relating to weights and measures.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 12532 of the Business and Professions Code is
amended to read:
   12532.  (a) No person shall engage in business as a service agency
unless  the person is  registered by the Secretary of Food
and Agriculture pursuant to this chapter and unless the current
registration fee and any penalty has been paid.
   (b) Applications for registration shall be in writing on a form
prescribed by the department, and shall be accompanied by the
required fee.
   (c) A service agency shall forward to the department the name or
names of service agents employed by them, with the appropriate fees
required by Section 12535.
   (d) A device may only be placed in service by a sealer or a
service agency. A device used by a public utility in connection with
measuring gas, electricity, water, steam, or communication service
subject to the jurisdiction of the Public Utility Commission is
exempt from the requirements of this chapter.
   (e) Except as provided in subdivision (f), no person who repairs a
device is required to be registered if the device is placed into
service by a sealer or service agency.
   (f) Vapor measuring devices operating at greater than 11 inches
water column shall be installed by a service agency.
   (g) In the event of any change in the legal status of a registered
service agency, the new legal entity shall obtain a new registration
 prior to   before  operating as a service
agency.
   (h) A service agency may employ or designate a licensed service
agent to act for the service agency and shall be responsible for all
acts of that person. 
   (i) If a device has been altered in such a way as to facilitate
fraud, a service agency or service agent shall report it to the
county sealer. If the service agency or service agent has possession
of the device, the service agency or service agent shall surrender
the device to the county sealer or local law enforcement within 24
hours of discovering that the device has been altered. 
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.