HomeMy WebLinkAboutMINUTES - 05042004 - C26 TO: GUARD OF SUPER'V'ISORS CONTRA
COSTA
FROM: John Sweeten,County Administrator
COUNTY
DATE: May 4,2004
SUBJECT: Support 5B 1905(Torlakson)—Weights and Measures Fees
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION
RECOMIIMENDATIONtS}:
SCIPPORT SB 1905 (Torlakson),which would repeal and amend limitations on fees charged by the County for
inspecting/testing weighing devices and scales to allow the Beards of Supervisors to set these fees to the extent
that the fees do not exceed the cost of service, as recommended by the Agricultural Commission/Director of
Weights and Measures.
BACKGROUNDIREASON S FOR JtECOMMENDATION N :
In compliance with State mandate, the Department of Agriculture/Weights and Measures inspects all weighing
and measuring devices used in commercial transactions in order to ensure fair business practices. The
Department also provides regulatory services to ensure commercial sales are made in compliance with State law
knd enforces laws designed to prevent deceptive packaging and to ensure accurate units of measure to protect
.,onsumers.
Although a mandated service, the fees authorized by State law do not compensate the Department for the full
cast of this consumer protection program. Almost two-thirds of the funding is from the County's general fund.
In FY€13-04, the overall $543,438 program has been funded as follows:
State/Other $ 22,425 4.1%
Fees $190,850 33.3%
General Fund SIL5,163 613%
TOTAL, $543,438
CONTINUED ON ATTACHMENT. A YES SIGNATURE:
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-.-APPROVE �OTHER
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ACTION OF L) > APPROVED AS RECOMMENDED `OHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS(ASSENT None 1 TRUE AND CBCT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED
ABSENT: ABSTAIN: ON MINUTES OF THE 130ARD OF
SUPERVISORS ON THE DATE SHOWN.
.ontact:Sara Hoffman,338-10$0
ATTESTED MY 4.
cc: CAO JOIN SWEETEN,CLERK OF
Agricuiture Department THE BOARD Of SUPERVISORS
State Lit(mat CAO) AND COUNTY ADMINISTRATOR
(JCC(via CAO)
GSAC(via CAO) ; ^
....................................................................................................I............-......................................................
.... ... ................................. ........
BACKGROUND/REASONtS)FOR RECOMMENDATION tcon'tft
,urgently, existing law sets specific maximum registration fees for certain weighing devices, motor truck scales
and specified livestock sales. The Board of Supervisors is also authorized to set annual device registration fees
to recover the costs of inspecting or testing those devices, not to exceed the specified maximum annual charges
for devices at one location. However, this law is scheduled to sunset on January 1, 2006.
SB 1905 (Torlakson)corrects these inequities by deleting the sunset date and repealing the maximum annual
charges currently in law, except for the maximum fees for marinas, mobile home parks recreational vehicle parks
and apartment complexes(set at an annual maximum of$60 per marina, park or complex and up to $2.00 per
device per space or apartment).
SB 1905 also specifies that the fees set by the Boards of Supervisors cannot exceed the County's total cost of
actually inspecting or testing the devices as required by law. This would allow the County to recoup its costs for
this State mandated program, while at the same time not making any"profit."
AMENDER IN SENATE APRIL 28, 2004
SENATE BILL No. 1 905
Introduced by Senator Torlakson
March 8,2004
An act to amend Section 12240 of, and to repeal Section 12246 of,
the Business and Professions Code,and to amend Section 54985 of the
Government Code,relating to local government fees.
LEGISLATIVE COUNSEL'S DIGEST
SB 1905, as amended,Torlakson. Local government fees.
(1) Existing law, which will be repealed on January 1, 2006, among
other things authorizes the board of supervisors of a county to charge
an annual device registration fee to recover the costs of inspecting or
testing these devices incurred by the county sealer, not to exceed
specified maximum annual charges for devices at one location.Existing
law also sets specific maximum registration fees for certain weighing
devices,motor truck scales,and specified livestock scales.Existing law
requires the board of supervisors to halal as public meeting before
adapting an ordinance adopting these fees.
This bill would delete the January 1, 2006, repeal date of these laws
and would repeal the maximum annual charges for devices at one
location and those maximum registration fees for weighing devices,
motor truck scales,and livestock scales.
(2) Existing law authorizes the county board of supervisors to
increase or decrease certain fees or charges pursuant to a specified
procedure that includes noticed public meetings. Excluded from the
application of that authorization, among others, are fees charged or
collected by a county agricultural commissioner and annual device
�x
SB 1905 —2—
registration
2---
registration fees charged to cover the costs of testing or inspecting of
weighing and measuring devices incurred by the county sealer.
This bill would repeal the exclusions for fees charged or collected by
the county agricultural commissioner and most of the annual device
registration fees, as specified.
Vote: majority. Appropriation: no. Fiscal committee_ no.
State-mandated local program:no.
Thepeople of the State of California do enact as follows:
1 SECTION 1. Section 12240 of the Business and Professions
2 Code is amended to read:
3 12244. (a) Except as otherwise provided in this section,the
4 board of supervisors,by ordinance,may charge an annual device
5 registration fee, not to exceed the county's total cost of actually
6 inspecting or testing the devices as required by law,to recover the
7 costs of inspecting or testing weighing and measuring devices
8 required of the county sealer pursuant to Section 12210, and to
9 recover the cost of carrying out Section 12211.
10 (b) The county may collect the fees biennially, in which case
11 they shall not exceed twice the amount of an annual fee. The
12 ordinance shall be adopted pursuant to Article 7 (commencing
13 with Section 25120)of Chapter 1 of Part 2 of.Division 2 of Title
14 2 of the Government Code.
15 (c) Retail gasoline pump meters,for which the above fees are
16 assessed, shall be inspected as frequently as required by
17 regulation,but not less than once every two years.
18 (d) Livestock scales, animal scales and scales used primarily
19 for weighing feed and seed,for which the above fees are assessed,
20 shall be inspected as frequently as required by regulation.
21 (e) For marinas,mobilehome parks,recreational vehicle parks,
22 and apartment complexes,where the owner of the marina,park,or
23 complex owns and is responsible for the utility meters,the annual
24 fee shall not exceed sixty dollars ($60) per marina, park, or
25 complex,and a fee of up to two dollars($2)per device per space
26 or apartment Marinas, mobilehome parrs, recreational vehicle
27 parks, and apartment complexes for which the above fees are
28 assessed shall be inspected and tested as frequently as required.by
29 regulation.
30 (f) This section does not apply to farm milk tanks.
98
_.....3....._ SB 19fl5
1 (g) A scale or device used in a certified farmers' market, as
2 defined by Section 113745 of the Health and Safety Code, is not
3 required to he registered in the county where the market is
4 conducted, if the scale or device has an unexpired seal for the
5 current year,issued by a licensed California county sealer.
6 SEC. 2. Section 122461 of the Business and Professions Code
7 is repealed.
146 Thig artieYe shall in effeef only-mai==aa—
9 is ,
10 ,deleteeg or extends that date.
11 SEC. 3. Section.54985 of the Government Code is amended
12 to read:
13 54985. (a) Notwithstanding any other provision of law that
14 prescribes an amount or otherwise limits the amount of a fee or
15 charge that may be levied by a county,a county service area,or a
16 county waterworks district governed by a county board of
17 supervisors,a county board of supervisors shall have the authority
18 to increase or decrease the fee or charge, that is otherwise
19 authorized to be levied by another provision of law,in the amount
20 reasonably necessary to recover the cost of providing any product
21 or service or the cost of enforcing any regulation for which the fee
22 or charge is levied.The fee or charge may reflect the average cost
23 of providing any product or service or enforcing any regulation.
24 Indirect costs that may be reflected in the cost of providing any
25 product or service or the cost of enforcing any regulation shall be
26 limited to those items that are included in the federal Office of
27 Management and Budget Circular A-87 on January 1, 1984.
28 (b) If any person disputes whether a fee or charge levied
29 pursuant to subdivision(a)is reasonable,the board of supervisors
30 may request the county auditor to conduct a study and to determine
31 whether the fee or charge is reasonable.
32 Nothing in this subdivision shall be construed to mean that the
33 county shall not continue to be subject to fee review procedures
34 required by Article XIII B of the California Constitution.
35 (c) This chapter shall not apply to any of the following:
36 (1) Any fee charged or collected by a court clerk pursuant to
37 Section, 26820.4, 26823, 26824, 26826, 26827, 26827.4, 26830,
38 72054, 72055,72056,72059,72060,or 72061 of the Government
39 Code or Section 103470 of the Health.and Safety Code,and any
40 other fee or charge that may be assessed, charged, collected, or
98
SB 1905 —4-
1
-4-
1 levied pursuant to law for filing judicial documents or for other
2 judicial functions.
3 (2) Any fees charged or collected pursuant to Chapter 2
4 (commencing with Section 6100)of Division 7 of Title 1.
5 (3) Any standby or availability assessment or charge.
6 (4) Any fee charged or collected pursuant to subdivision fs�(e)
7 of Section 12240 of the Business and Professions Code.
8 (5) Any fee charged or collected by a county recorder or local
9 registrar for filing, recording, or indexing any document,
10 performing any service, issuing any certificate, or providing a
11 copy of any document pursuant to Section 2103 of the Code of
12 Civil Procedure, Section 27361, 27361.1, 27361.2, 27361.3,
13 27361.4, 27361.8, 27364, 27365, or 27366 of the Government
14 Code, Section 103625 of the Health and Safety Code, or Section
15 9525 of the Commercial Code.
16 (6) Any fee charged or collected pursuant to Article 7
17 (commencing with Section 26720) of Chapter 2 of Evart 3 of
18 Division 2 of Title 3 of the Government Code.
Q
SB 1905,Assembly Bili-Stags Page 1 of 1
CURRENT BILL STATUS
MEASURE S.B. No. 1905
AUTHOR(S) Torlakson.
TOPIC . Local government fees.
HOUSE LOCATION . SEN
+LAST AMENDED DATE 04/28/2004
TYPE OF BILL :
Active
Non-Urgency
Aron-Appropriations
Majority Vote Required
Non-State-Mandated Local Program
Non-Fiscal
Non-Tax Levy
LAST HIST. ACT. DATE: 04/28/2004
LAST HIST. ACTION From committee with author's amendments. Read second
time. Amended. Re-referred to committee.
COMM. LOCATION SEN LOCAL GOVERNMENT
HEARING DATE 05/05/2004
TITLE . An act to amend Section 12240 of, and to repeal Section
12246 of, the Business and Professions Cade, and to
amend Section 54985 of the Government Code, relating to
.focal government fees.
http://www.leginfo.ca. ov/pub/bill/sen/sb 1901-1950/sb 1905 bill 20040428 status.ht l 4/29/04