BILL NUMBER: AB 1623 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 26, 2012
AMENDED IN ASSEMBLY MAY 3, 2012
AMENDED IN ASSEMBLY APRIL 24, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Yamada
FEBRUARY 8, 2012
An act to amend Sections 12240 and 12246 of the Business and
Professions Code, relating to weights and measures.
LEGISLATIVE COUNSEL'S DIGEST
AB 1623, as amended, Yamada. Weights and measures: inspection
fees.
(1) Existing law requires the sealer of a county to inspect and
test weighing and measuring devices, as specified, that are used or
sold in the county. Existing law also requires the sealer of a county
to weigh or measure packages to determine whether they contain the
amount represented, as provided. Existing law, until January 1, 2013,
permits the board of supervisors of a county to charge fees, not to
exceed the county's total cost of actually inspecting or testing
weighing and measuring devices required of the county sealer, to
recover the costs of the county sealer to perform these duties.
This bill would extend the authority of the board of supervisors
of a county to charge fees to recover the costs of the county sealer,
as provided, until January 1, 2018.
(2) Existing law specifies that the annual registration fee for a
business that uses a commercial weighing or measuring device or
devices shall consist of a location fee, a Department of Food and
Agriculture administrative fee, and a device fee. Existing law
defines a single business location as a business location that
necessitates not more than one inspection trip by a weights and
measures official or as each vehicle containing one or more
commercial devices.
This bill would provide that the device fee for computing scales,
as defined, shall not exceed $30 per device, and that the portion of
the annual registration fee consisting of the business location fee
and the device fees shall not exceed the sum of $1,000. The bill
would provide that the device fee for jewelry or prescription scales,
as defined, shall not exceed $80 per device. The bill would provide
that for a weighing device with a capacity of at least 100 pounds but
less than 2,000 pounds, other than computing, jewelry, or
prescription scales, the device fee shall not exceed $50 per device.
The bill would provide that , for
certain vehicle odometers utilized to charge mileage usage fees
in vehicle rental transactions, prohibit the device fee
shall not exceed from exceeding $60 per
device , and that . The bill
would, for nonpassenger vehicles, prohibit the annual
registration fee consisting of the business location fee and the
device fee shall not exceed $400 from
exceeding $340 for each business location , as defined
. The bill would provide that these provisions
relating to annual fees for businesses that use commercial weighing
or measuring devices do not apply to rental passenger vehicles
exempt odometers in passenger rental vehicles from the
fee unless there is a complaint by a renter
regarding the vehicles's odometer. The bill would make an
exception , for these purposes, define business
location for vehicles employed in vehicle rental transactions
from the provisions defining each vehicle containing one or
more commercial devices as a single business location . The
bill would make a conforming change.
(3) Existing law provides that for all other commercial weighing
or measuring devices not listed, the device fee shall not exceed $20
per device, and that for purposes of these provisions, the
registration fee shall not exceed the sum of $1,000 for each business
location.
The bill would revise this provision and provide that the portion
of the annual registration fee consisting of the business location
fee and the device fees shall not exceed $1,000 for each business
location.
(4) Existing law specifies that the device fee for marinas,
mobilehome parks, recreational vehicle parks, and apartment
complexes, where the owner is responsible for the utility meters,
shall not exceed $2 per device.
This bill would instead provide that the device fee shall not
exceed $2 per device per space or apartment for water submeters, $3
per device per space or apartment for electric submeters, and $4 per
device per space or apartment for vapor submeters.
(5) Existing law provides that for liquified petroleum gas meters
the device fee shall not exceed $175 per device.
This bill would provide that the device fee shall not exceed
$200 $185 per device for liquified
petroleum gas meters.
(6) Existing law provides that the device fee for wholesale and
vehicle meters shall not exceed $25 per device.
This bill would provide that the device fee for wholesale and
vehicle meters shall not exceed $75 per device.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12240 of the Business and Professions Code is
amended to read:
12240. (a) Except as otherwise provided in this section, the
board of supervisors, by ordinance, may charge an annual registration
fee, not to exceed the county's total cost of actually inspecting or
testing the devices as required by law, to recover the costs of
inspecting or testing weighing and measuring devices required of the
county sealer pursuant to Section 12210, and to recover the cost of
carrying out Section 12211.
(b) Except as otherwise provided in this section, the annual
registration fee shall not exceed the amount set forth in
subdivisions (f) to (r), inclusive.
(c) The county may collect the fees biennially, in which case they
shall not exceed twice the amount of an annual registration fee. The
ordinance shall be adopted pursuant to Article 7 (commencing with
Section 25120) of Chapter 1 of Part 2 of Division 2 of Title 3 of the
Government Code.
(d) Retail gasoline pump meters, for which the above fees are
assessed, shall be inspected as frequently as required by regulation,
but not less than once every two years.
(e) Livestock scales, animal scales, and scales used primarily for
weighing feed and seed, for which the above fees are assessed, shall
be inspected as frequently as required by regulation.
(f) For purposes of this section, the annual registration fee for
a business that uses a commercial weighing or measuring device or
devices shall consist of a business location fee, a Department of
Food and Agriculture administrative fee, as specified in Section
12241, and a device fee, as specified in subdivisions (g) to (r),
inclusive. The business location fee and device fee shall not exceed
one hundred dollars ($100) per business location, plus 100 percent of
the maximum applicable device fee listed in subdivisions (g) to (r),
inclusive.
(g) (1) For marinas, mobilehome parks, recreational vehicle parks,
and apartment complexes, where the owner of the marina, park, or
complex owns and is responsible for the utility meters, the device
fee shall not exceed the following:
(A) For water submeters, two dollars ($2) per device per space or
apartment.
(B) For electric submeters, three dollars ($3) per device per
space or apartment.
(C) For vapor submeters, four dollars ($4) per device per space or
apartment.
(2) Marinas, mobilehome parks, recreational vehicle parks, and
apartment complexes for which the above fees are assessed shall be
inspected and tested as frequently as required by regulation.
(h) For weighing devices, other than livestock, with capacities of
10,000 pounds or greater, the device fee shall not exceed two
hundred fifty dollars ($250) per device; for weighing devices, other
than livestock scales, with capacities of at least 2,000 pounds but
less than 10,000 pounds, the device fee shall not exceed one hundred
fifty dollars ($150) per device.
(i) This section does not apply to farm milk tanks.
(j) A scale or device used in a certified farmers' market, as
defined by Section 113742 of the Health and Safety Code, is not
required to be registered in the county where the market is
conducted, if the scale or device has an unexpired seal for the
current year, issued by a licensed California county sealer.
(k) For livestock scales with capacities of 10,000 pounds or
greater, the device fee shall not exceed one hundred fifty dollars
($150) per device; for livestock scales with capacities of at least
2,000 pounds but less than 10,000 pounds, the device fee shall not
exceed one hundred dollars ($100) per device.
(l) For liquefied petroleum gas (LPG) meters, truck mounted or
stationary, the device fee shall not exceed two
one hundred eighty-five dollars ($200)
($185) per device.
(m) For wholesale and vehicle meters, the device fee shall not
exceed seventy-five dollars ($75) per device.
(n) For computing scales, the device fee shall not exceed thirty
dollars ($30) per device. For purposes of this subdivision, a
computing scale shall be a weighing device with a capacity of less
than 100 pounds that indicates the money value of any commodity
weighed, at predetermined unit prices, throughout all or part of the
weighing range of the scale. For the purposes of this subdivision,
the portion of the annual registration fee consisting of the business
location fee and the device fees authorized by this subdivision
shall not exceed the sum of one thousand dollars ($1,000) for each
business location.
(o) For jewelry and prescription scales, the device fee shall not
exceed eighty dollars ($80) per device. For purposes of this
subdivision, a jewelry or prescription scale shall be a scale that
meets the specifications, tolerances, and sensitivity requirements
established or adopted by the secretary applicable to those devices
in accordance with Section 12107.
(p) For weighing devices, other than computing, jewelry, and
prescription scales as defined in subdivisions (n) and (o), with
capacities of at least 100 pounds but less than 2,000 pounds, the
device fee shall not exceed fifty dollars ($50) per device.
(q) For vehicle odometers utilized to charge mileage usage fees in
vehicle rental transactions or in computing other charges for
service, including, but not limited to, ambulance, towing, or
limousine services , the device fee shall not exceed sixty
dollars ($60) per device. For the purposes of this
subdivision, the portion of the annual registration fee consisting of
the business location fee and the device fee authorized by this
subdivision shall not exceed the sum of four hundred dollars ($400)
for each business location.
(r) This section does not apply to odometers in rental
passenger vehicles , as defined in Section 465 of the Vehicle
Code, that are subject to the provisions of
Section 1936 of the Civil Code , unless there is a complaint
by a renter regarding a vehicle's odometer, in which case
subdivision (q) shall apply to the vehicle subject to the complaint
. If a person files a complaint with the county sealer
regarding the accuracy of a rental passenger vehicle
odometer, the county sealer may charge a fee to the operator of the
vehicle rental business sufficient to recover, but not to exceed, the
reasonable cost of testing the device in investigation of the
complaint.
(s) For vehicle odometers utilized to charge mileage usage fees in
vehicle rental transactions involving nonpassenger vehicles that are
not subject to Section 1936 of the Civil Code, the portion of the
annual registration fee consisting of the business location fee and
the device fee authorized pursuant to subdivision (q) shall not
exceed the sum of three hundred forty dollars ($340) for each
business location.
(s)
(t) For all other commercial weighing or measuring
devices not listed in subdivisions (g) to (r), inclusive, the device
fee shall not exceed twenty dollars ($20) per device. For the
purposes of this subdivision, the total portion of the annual
registration fee consisting of the business location fee and the
device fees authorized by this subdivision shall not exceed the sum
of one thousand dollars ($1,000), for each business location.
(t)
(u) For the purposes of this section, a single business
location is defined as:
(1) Each vehicle, except for those vehicles employed in vehicle
rental transactions, containing one or more commercial devices.
(2)
(1) Each business location that uses different
one or more categories or types of commercial
devices as set forth in subdivisions (g) to (p), inclusive, and
in subdivision (t), that require the use of specialized testing
equipment and that necessitates not more than one inspection trip by
a weights and measures official.
(2) Each vehicle, except for those vehicles that are employed in
vehicle rental transactions, in which one or more commercial devices
is installed and used.
(3) (A) For vehicles that are employed in vehicle rental
transactions and that are not subject to Section 1936 of the Civil
Code, each business location at which vehicles are stored or
maintained by a vehicle rental company for the purposes of renting
vehicles to customers.
(B) A facility that meets all of the following criteria shall not
be considered a business location for the purposes of this paragraph:
(i) The facility is not wholly, or in any part, owned, leased, or
operated by the vehicle rental company.
(ii) The facility is not operated or staffed by an employee of the
vehicle rental company.
(iii) The facility stores or maintains, on a temporary basis,
vehicles at the location for customer convenience.
(C) If a person files a complaint with the county sealer regarding
the accuracy of an odometer in a vehicle found or located at a
facility described in subparagraph (B), the county sealer may charge
a fee to the operator of the vehicle rental company sufficient to
recover, but not to exceed, the reasonable cost of testing the device
in investigation of the complaint.
SEC. 2. Section 12246 of the Business and Professions Code is
amended to read:
12246. This article shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2018, deletes or extends that
date.