BILL ANALYSIS Ó
AB 1623
Page 1
ASSEMBLY THIRD READING
AB 1623 (Yamada)
As Amended May 3, 2012
Majority vote
BUSINESS & PROFESSIONS 8-0
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|Ayes:|Hayashi, Allen, Butler, | | |
| |Eng, Hagman, Hill, Ma, | | |
| |Smyth | | |
| | | | |
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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
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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
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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
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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