CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 823Introduced by Assembly Member ChauFebruary 16, 2017 An act to amend Section 12532 of the Business and Professions Code, relating to weights and measures. LEGISLATIVE COUNSEL'S DIGESTAB 823, as introduced, Chau. Weights and measures: service agencies: 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 requires a service agency or service agent to report to the county sealer within 24 hours if a weighing or measuring device has been altered in such a way as to facilitate fraud, and to surrender the device or component of the device, as specified, to the county sealer or local law enforcement within 24 hours of discovering that the device has been altered. This bill would require a service agency or service agent to surrender the device or component of the device, as specified, to the county sealer or local law enforcement within 24 hours of receiving the device or component of the device instead of within 24 hours of discovering that the device has been altered.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe 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 secretary 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 Utilities 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 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 within 24 hours of discovering that the device has been altered. If the service agency or service agent has possession of the device or any mechanism, component, software, or other device attached to or used in conjunction with the device that serves to facilitate fraud, the service agency or service agent shall surrender the device, mechanism, component, software, or other device to the county sealer or local law enforcement within 24 hours of discovering that the device has been altered. receiving the device, mechanism, component, software, or other device.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 823Introduced by Assembly Member ChauFebruary 16, 2017 An act to amend Section 12532 of the Business and Professions Code, relating to weights and measures. LEGISLATIVE COUNSEL'S DIGESTAB 823, as introduced, Chau. Weights and measures: service agencies: 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 requires a service agency or service agent to report to the county sealer within 24 hours if a weighing or measuring device has been altered in such a way as to facilitate fraud, and to surrender the device or component of the device, as specified, to the county sealer or local law enforcement within 24 hours of discovering that the device has been altered. This bill would require a service agency or service agent to surrender the device or component of the device, as specified, to the county sealer or local law enforcement within 24 hours of receiving the device or component of the device instead of within 24 hours of discovering that the device has been altered.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 823
Introduced by Assembly Member ChauFebruary 16, 2017
Introduced by Assembly Member Chau
February 16, 2017
An act to amend Section 12532 of the Business and Professions Code, relating to weights and measures.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 823, as introduced, Chau. Weights and measures: service agencies: 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 requires a service agency or service agent to report to the county sealer within 24 hours if a weighing or measuring device has been altered in such a way as to facilitate fraud, and to surrender the device or component of the device, as specified, to the county sealer or local law enforcement within 24 hours of discovering that the device has been altered. This bill would require a service agency or service agent to surrender the device or component of the device, as specified, to the county sealer or local law enforcement within 24 hours of receiving the device or component of the device instead of within 24 hours of discovering that the device has been altered.
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 requires a service agency or service agent to report to the county sealer within 24 hours if a weighing or measuring device has been altered in such a way as to facilitate fraud, and to surrender the device or component of the device, as specified, to the county sealer or local law enforcement within 24 hours of discovering that the device has been altered.
This bill would require a service agency or service agent to surrender the device or component of the device, as specified, to the county sealer or local law enforcement within 24 hours of receiving the device or component of the device instead of within 24 hours of discovering that the device has been altered.
## Digest Key
## Bill Text
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 secretary 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 Utilities 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 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 within 24 hours of discovering that the device has been altered. If the service agency or service agent has possession of the device or any mechanism, component, software, or other device attached to or used in conjunction with the device that serves to facilitate fraud, the service agency or service agent shall surrender the device, mechanism, component, software, or other device to the county sealer or local law enforcement within 24 hours of discovering that the device has been altered. receiving the device, mechanism, component, software, or other device.
The people of the State of California do enact as follows:
## 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 secretary 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 Utilities 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 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 within 24 hours of discovering that the device has been altered. If the service agency or service agent has possession of the device or any mechanism, component, software, or other device attached to or used in conjunction with the device that serves to facilitate fraud, the service agency or service agent shall surrender the device, mechanism, component, software, or other device to the county sealer or local law enforcement within 24 hours of discovering that the device has been altered. receiving the device, mechanism, component, software, or other device.
SECTION 1. Section 12532 of the Business and Professions Code is amended to read:
### SECTION 1.
12532. (a) No person shall engage in business as a service agency unless the person is registered by the Secretary of Food and Agriculture secretary 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 Utilities 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 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 within 24 hours of discovering that the device has been altered. If the service agency or service agent has possession of the device or any mechanism, component, software, or other device attached to or used in conjunction with the device that serves to facilitate fraud, the service agency or service agent shall surrender the device, mechanism, component, software, or other device to the county sealer or local law enforcement within 24 hours of discovering that the device has been altered. receiving the device, mechanism, component, software, or other device.
12532. (a) No person shall engage in business as a service agency unless the person is registered by the Secretary of Food and Agriculture secretary 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 Utilities 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 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 within 24 hours of discovering that the device has been altered. If the service agency or service agent has possession of the device or any mechanism, component, software, or other device attached to or used in conjunction with the device that serves to facilitate fraud, the service agency or service agent shall surrender the device, mechanism, component, software, or other device to the county sealer or local law enforcement within 24 hours of discovering that the device has been altered. receiving the device, mechanism, component, software, or other device.
12532. (a) No person shall engage in business as a service agency unless the person is registered by the Secretary of Food and Agriculture secretary 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 Utilities 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 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 within 24 hours of discovering that the device has been altered. If the service agency or service agent has possession of the device or any mechanism, component, software, or other device attached to or used in conjunction with the device that serves to facilitate fraud, the service agency or service agent shall surrender the device, mechanism, component, software, or other device to the county sealer or local law enforcement within 24 hours of discovering that the device has been altered. receiving the device, mechanism, component, software, or other device.
12532. (a) No person shall engage in business as a service agency unless the person is registered by the Secretary of Food and Agriculture secretary 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 Utilities 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 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 within 24 hours of discovering that the device has been altered. If the service agency or service agent has possession of the device or any mechanism, component, software, or other device attached to or used in conjunction with the device that serves to facilitate fraud, the service agency or service agent shall surrender the device, mechanism, component, software, or other device to the county sealer or local law enforcement within 24 hours of discovering that the device has been altered. receiving the device, mechanism, component, software, or other device.