BILL NUMBER: AB 1181 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 24, 2012
AMENDED IN SENATE MAY 31, 2012
AMENDED IN SENATE JUNE 21, 2011
AMENDED IN ASSEMBLY MAY 10, 2011
INTRODUCED BY Assembly Member Butler
FEBRUARY 18, 2011
An act to amend Section 95.31 of the Revenue and Taxation
Code, relating to local government finance, and declaring the
urgency thereof, to take effect immediately. Sections
12210.5, 12509, 12511.1, and 12512 of the Business and Professions
Code, relating to weights and measures.
LEGISLATIVE COUNSEL'S DIGEST
AB 1181, as amended, Butler. Property tax administration:
loan program. Weights and measures.
Existing law makes it a crime for a person, firm, corporation, or
association to advertise, solicit, or represent by any means a
product for sale or purchase if it is intended to entice a consumer
into a transaction different from that originally represented. 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 which is less than
the true quantity. A violation of these provisions is a misdemeanor.
This bill would revise the latter provision by prohibiting the
purchaser from buying the commodity according to any quantity which
is less than the true quantity or 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 the commodity, or less than a price per unit
that is established by law or regulation. Because the bill would
change the definition of a crime, the bill would impose a
state-mandated local program.
Existing law also prohibits a person from engaging in business as
a service agency for the repair of weights and measures, unless that
person registers with the Secretary of Food and Agriculture, as
specified.
This bill would make technical and conforming changes to related
provisions.
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 no reimbursement is required by this
act for a specified reason.
Existing property tax law had authorized an eligible county, as
defined, upon the recommendation of the assessor and by resolution of
its board of supervisors, to elect to participate in the
State-County Property Tax Administration Loan Program, pursuant to
which a participating county received, in specified fiscal years, a
loan from the state, as specified, for the purposes of providing
supplemental funding for that county's local administration of the ad
valorem property tax.
This bill would reauthorize the State-County Property Tax
Administration Loan Program to allow counties to elect to participate
in the program to receive a loan in each fiscal year from the
2012-13 fiscal year to the 2015-16 fiscal year, inclusive. This bill
would also require the California Assessors' Association to report to
the Senate Committee on Budget and Fiscal Review and the Assembly
Committee on Budget regarding participating counties, as specified.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3 majority . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12210.5 of the
Business and Professions Code is amended to read:
12210.5. (a) Any county which inspects or
tests any weighing or measuring device or instrument used
commercially, at the request of the owner or user of such
that device, when such
inspection or testing of the device could legally be performed by a
registered repairman, service agency, as
defined in Section 12531, may, if authorized by the county
board of supervisors, collect from the requesting owner or user
thereof a fee.
Such
(b) That fee shall be based upon
a uniform schedule of fees, which shall be prescribed by the
director secretary for use by the counties. The
director secretary shall prepare the
schedule of fees to be comparable with the rates charged by the
industry's registered repairmen. service
agencies. All fees collected shall be credited to the general
fund of the county in which collected and used only for the
administration and enforcement of laws pertaining to weights and
measures.
SEC. 2. Section 12509 of the Business
and Professions Code is amended to read:
12509. (a) When any weight, measure, or
weighing or measuring instrument has been repaired and corrected, and
has been reinspected and found correct
correct, the sealer shall remove the tag or device with the
words "out of order," and shall seal and mark such
that weight, measure, or weighing or measuring instrument
in the manner provided for the marking of the same where, upon
inspection, it is found correct.
Upon
(b) Upon completion of corrective
repairs or adjustments, and with the authorization from the sealer,
a repairman registered service
agency, as defined in Section 12531, may remove an "out of
order" tag or device, and the weight, measure, or weighing or
measuring instrument may be placed in service pending reinspection by
the sealer.
SEC. 3. Section 12511.1 of the Business
and Professions Code is amended to read:
12511.1. Notwithstanding any other provisions of this division,
any weight or measure, or weighing or measuring instrument, found
correct or corrected by a repairman,
registered service agency, as defined in Section 12531,
authorized pursuant to Section 12509, may be used commercially
pending reinspection by a sealer.
SEC. 4. Section 12512 of the Business
and Professions Code is amended to read:
12512. 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 him the
purchaser , the purchaser shall in no case buy the commodity
according to any quantity which is less than the true
quantity. quantity or compute 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 the commodity, or where applicable,
less than a price per unit that is established by law, in statute
, or by regulation. Violation of this section is a
misdemeanor.
SEC. 5. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because 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.
SECTION 1. Section 95.31 of the Revenue and
Taxation Code is amended to read:
95.31. (a) Notwithstanding any other law, any county may, upon
the recommendation of the county assessor, and by resolution of the
board of supervisors of that county adopted not later than February 1
of the fiscal year for which it is to first apply, elect to
participate in the State-County Property Tax Administration Loan
Program.
(b) (1) In each fiscal year from the 2012-13 fiscal year to the
2015-16 fiscal year, inclusive, a county participating in the
State-County Property Tax Administration Loan Program may receive a
loan for up to the amount listed in paragraph (3). However, for the
2012-13 fiscal year, a county participating in the State-County
Property Tax Administration Loan Program may receive a loan for up to
one-half of the amount listed in paragraph (3). The loan shall be
repaid by June 30 of the fiscal year following the year in which the
loan is made. However, at the discretion of the Director of Finance,
the loan may be renewed once for an additional 12-month period at the
request of the participating county board of supervisors.
(2) (A) If a county elects to participate in the State-County
Property Tax Administration Loan Program, it shall enter into a
contractual agreement with the Department of Finance. At a minimum,
the contractual agreement shall include the following:
(i) The loan amount, as determined by the Director of Finance.
(ii) Repayment provisions.
(iii) A listing of the proposed use of the additional resources
including, but not limited to:
(I) Proposed new positions.
(II) Increased automation costs.
(iv) Commencing in the 2012-13 fiscal year, an agreement to
provide to the Department of Finance, by March 31 of the fiscal year
in which the loan is made, a report projecting the impact of the
increased funding in the current and subsequent fiscal year.
(v) An agreement to provide the Department of Finance an audit
report detailing the county's basis for satisfying the terms of the
loan agreement. The report shall be provided by October 1 of the
fiscal year following the year in which the loan is made.
(vi) An agreement to use the funds for the purposes stated, and,
should any portion of the funds be diverted to a different,
unapproved use, to return an amount equal to the diverted funds to
the state regardless of whether or not other terms of the agreement
are satisfied.
(B) The terms of the contract and the loan amount shall be
determined by standardized criteria.
(3) Upon request of the Department of Finance, the Controller
shall provide a loan to the following counties for an amount
specified by the Director of Finance. The following amounts are
targeted loan amounts:
Jurisdiction Amount
Alameda ..................... $ 2,199,786
Alpine ...................... 100,000
Amador ...................... 100,000
Butte ....................... 207,431
Calaveras ................... 100,000
Colusa ...................... 100,000
Contra Costa ................ 1,627,492
Del Norte ................... 100,000
El Dorado ................... 305,855
Fresno ...................... 654,693
Glenn ....................... 100,000
Humboldt .................... 122,349
Imperial .................... 118,682
Inyo ........................ 100,000
Kern ........................ 844,381
Kings ....................... 100,000
Lake ........................ 100,000
Lassen ...................... 100,000
Los Angeles ................. 11,949,154
Madera ...................... 123,737
Marin ....................... 632,279
Mariposa .................... 100,000
Mendocino ................... 113,255
Merced ...................... 189,021
Modoc ....................... 100,000
Mono ........................ 100,000
Monterey .................... 557,393
Napa ........................ 302,698
Nevada ...................... 187,802
Orange ...................... 4,674,190
Placer ...................... 637,598
Plumas ...................... 100,000
Riverside ................... 2,382,914
Sacramento .................. 1,411,399
San Benito .................. 100,000
San Bernardino .............. 1,904,245
San Diego ................... 4,346,770
San Francisco ............... 1,672,609
San Joaquin ................. 625,915
San Luis Obispo ............. 445,928
San Mateo ................... 1,608,858
Santa Barbara ............... 681,538
Santa Clara ................. 3,391,387
Santa Cruz .................. 372,719
Shasta ...................... 174,472
Sierra ...................... 100,000
Siskiyou .................... 100,000
Solano ...................... 461,156
Sonoma ...................... 762,342
Stanislaus .................. 411,622
Sutter ...................... 100,000
Tehama ...................... 100,000
Trinity ..................... 100,000
Tulare ...................... 305,188
Tuolumne .................... 100,000
Ventura ..................... 1,164,648
Yolo ........................ 228,498
Yuba ........................ 100,000
(4) The Department of Finance shall consider any or all of the
following items in determining the extent to which a county has
satisfied the terms and repaid the loan, pursuant to the contract, as
offered under this part:
(A) County performance as indicated by the State Board of
Equalization's sample survey required pursuant to Section 15640 of
the Government Code.
(B) Performance measures adopted by the California Assessors'
Association.
(C) Reduction of backlog of assessment appeals, Proposition 8
declines in value, and restorations in value.
(D) County compliance with mandatory audits required by Section
469 and nonmandatory audits.
(E) Reduction of backlogs in new construction, changes in
ownership, unsecured roll, and supplemental roll.
(F) Other measures, as determined by the Director of Finance.
(5) The Director of Finance shall notify the Controller of any
participating county that fails to comply with the terms of the
agreement, including the repayment of the loan. When the Controller
receives notice from the Director of Finance, the Controller shall
make an apportionment to the General Fund on behalf of the
participating county in the amount of that required payment for the
purpose of making that payment.
(c) (1) Funds appropriated for purposes of this section shall be
used to enhance the property tax administration system by providing
supplemental resources. Amounts provided to any county as a loan
pursuant to this section shall not be used to supplant the current
level of funding. In order to participate in the State-County
Property Tax Administration Loan Program, a participating county
shall maintain a base staffing, including contract staff, and total
funding level in the county assessor's office, independent of the
loan proceeds provided pursuant to this act, equal to the levels in
the 2011-12 fiscal year.
(2) Prior to the assessor's recommendation for participation in
the State-County Property Tax Administration Loan Program, the
assessor shall consult with the county tax collector, and any other
county agency directly involved in property tax administration, to
discuss the needs of the program for the duration of the contractual
agreement.
(d) A participating county may establish a tracking system whereby
a work or function number is assigned to each appraisal or
administrative activity. That system should provide statistical data
on the number of production units performed by each employee and the
positive and negative change in assessed value attributable to the
activities performed by each employee.
(e) Notwithstanding Section 95.3, no amount of funds provided to
an eligible county pursuant to this section shall result in any
deduction from those property tax administrative costs that are
eligible for reimbursement pursuant to Section 95.3.
(f) At the request of the Department of Finance, the board shall
assist the Department of Finance in evaluating contracts entered into
pursuant to this section.
(g) On or before December 1, 2014, the California Assessors'
Association shall provide to the Senate Committee on Budget and
Fiscal Review and the Assembly Committee on Budget a report
summarizing the reports provided by participating counties.
SEC. 2. This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:
In order to preserve funding for vital programs for education,
health, and public safety, it is necessary that this act take effect
immediately.