BILL ANALYSIS Ó AB 1623 Page 1 ASSEMBLY THIRD READING AB 1623 (Yamada) As Amended May 3, 2012 Majority vote BUSINESS & PROFESSIONS 8-0 ----------------------------------------------------------------- |Ayes:|Hayashi, Allen, Butler, | | | | |Eng, Hagman, Hill, Ma, | | | | |Smyth | | | | | | | | ----------------------------------------------------------------- SUMMARY : Extends the authority of a county board of supervisors to charge fees to recover the costs of the county sealer until January 1, 2018, and establishes or revises device fee caps. Specifically, this bill : 1)Extends the authority of a county board of supervisors to charge fees to recover the costs of the county sealer, as provided, from January 1, 2013, until January 1, 2018. 2)Establishes the following fee caps for marinas, mobilehome parks, recreational vehicle parks, and apartment complexes, as specified: a) $2 per device per space or apartment for water submeters; b) $3 per device per space or apartment for electric submeters; and, c) $4 per device per space or apartment for vapor submeters. 3)Increases the fee cap from $175 to $200 per device for truck mounted or stationary liquefied petroleum gas meters. 4)Increases the fee cap from $25 to $75 per device for wholesale and vehicle meters. 5)Establishes a fee cap of $30 per device for computing scales, as specified, and provides that the portion of the annual registration fee consisting for the business location device fees authorized by this bill shall not exceed $1,000 for each AB 1623 Page 2 business location. 6)Establishes a fee cap of $80 per device for jewelry and prescription scales, as specified. 7)Establishes a fee cap of $50 per device for weighing devices, other than computing, jewelry, and prescription scales with capacities between 100 and 2,000 pounds. 8)Establishes a $60 fee cap per device for vehicle odometers utilized to charge mileage usage fees in vehicle rental transactions, and specifies that the portion of the annual registration fee consisting of the business location fee and this device fee shall not exceed $400 for each business location. Rental passenger vehicles are exempt from these provisions, unless there is a complaint by a renter regarding a vehicle's odometer, as specified. 9)Clarifies that the total portion of the annual registration fee consisting of the business location fee and device fees authorized by this bill not exceed $1,000 for each business location. 10)Defines the "computing scale" as 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. 11)Makes technical changes. EXISTING LAW : 1)Requires the sealer of a county to inspect and test weighing and measuring devices, as specified, that are used or sold in the county and to weigh or measure packages to determine whether they contain the amount represented, as provided. 2)Permits a county board of supervisors to charge fees, not exceeding the cost of inspecting or testing weighing and measuring devices, to recover the costs to perform these duties until January 1, 2013. 3)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 AB 1623 Page 3 Agriculture administrative fee, and a device fee. 4)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. 5)Specifies that the device fee for marinas, mobilehome parks, recreational vehicle parks, and apartment complexes, as specified, shall not exceed $2 per device. 6)Provides that for liquefied petroleum gas meters the device fee shall not exceed $175 per device. 7)Provides that the device fee for wholesale and vehicle meters shall not exceed $25 per device. FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS : Current law allows county boards of supervisors to establish fees for business locations to partially fund local weights and measures enforcement programs. The fees are the single largest source of revenue for the county program outside the County General Fund. The statute will sunset in January 1, 2013. The authority for weights and measures registration fees was passed by the Legislature in 1982 to provide funding for weights and measures inspection activities. The law was amended multiple times to add additional devices to the registration program and to adjust the schedule of maximum fees. The section now applies to virtually all weighing and measuring devices used commercially. The only exceptions are farm milk tanks, which are specifically exempted, and check out scanners, which are not considered weighing or measuring devices. The range of weighing and measuring devices included in the registration program currently includes retail fuel dispensing meters; water meters; electric meters that measure electricity that is sub-metered by a mobile home park; apartment complex, or boat dock; liquefied petroleum gas meters or gas vapor meters that are-sub-metered; truck scales, cattle scales and grocery counter scales; taxi meters; and, a variety of other devices AB 1623 Page 4 that weigh or meter a commodity offered for sale. The sunset date on the device registration fees has been extended in 1985, 1987, 1988, 1992, 1995, 1997, 2000, 2005, and again in 2010. Analysis Prepared by : Angela Mapp / B.,P. & C.P. / (916) 319-3301 FN: 0003425