California Assembly Bill AB1181 Amended / Bill

 BILL NUMBER: AB 1181AMENDED BILL TEXT 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  Sections 12210.5, 12509, 12511.1, and 12512 of the Business and Professions Code, relating to weights and measures   Section 95.31 of the Revenue and Taxation Code, relating to local government finance, and declaring the urgency thereof, to take effect immediately  . LEGISLATIVE COUNSEL'S DIGEST AB 1181, as amended, Butler.  Weights and measures.   Property tax administration: loan program.   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.   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. 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.  Vote:  majority   2/3  . Appropriation: no. Fiscal committee: yes. State-mandated local program:  yes   no  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 95.31 of the   Revenue and Taxation Code   is amended to read:  95.31. (a)  (1)    Notwithstanding any other  provision of  law, any  eligible  county may, upon the recommendation of the county assessor, and by resolution of the board of supervisors of that county adopted not later than  December   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.  (2) Except as specified in paragraph (3), for the purposes of this section, an eligible county shall mean a county in which additional property tax revenue allocated to school entities would reduce the amount of General Fund moneys apportioned to school entities. However, eligibility shall be terminated when, in combination with resources in the Educational Revenue Augmentation Fund, additional property tax revenues allocated to school entities will not result in a reduction in the General Fund apportionments.   (3) Notwithstanding paragraph (2), both the County of Solano and the County of San Benito shall be deemed eligible counties that may, upon the recommendation of the county assessor, and by resolution of the board of supervisors of the county adopted on or before March 31, 1996, elect to participate in the State-County Property Tax Administration Loan Program.   (4) Notwithstanding paragraph (1), any county in which a new assessor is elected in 1998 may, upon the recommendation of the county assessor, and by resolution of the board of supervisors of the county adopted on or before January 31, 1999, elect to participate in the State-County Property Tax Administration Loan Program commencing with the 1998-99 fiscal year.  (b) (1) In each fiscal year from the  1995-96  2012-13  fiscal year to the  2001-02   2015-16  fiscal year, inclusive,  an eligible   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.  For the Counties of Fresno, Orange, San Benito, and Solano any loan agreement signed on or before July 31, 1996, shall be deemed a loan agreement for the 1995-96 fiscal year for the purposes of this section. For any county in which a new assessor is elected in 1998, any loan agreement signed on or before January 31, 1999, shall be deemed a loan agreement for the 1998-99 fiscal year for the purposes of this section.  (2)  (A)    If  an eligible   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:  (A)   (i)  The loan amount, as determined by the Director of Finance.  (B)   (ii)  Repayment provisions  , including the interception of Motor Vehicle License Fee Account moneys apportioned pursuant to Section 11005 to repay the General Fund  .  (C)   (iii) A listing of the proposed use of the additional resources including, but not limited to:  (i)   (I)  Proposed new positions.  (ii)   (II)  Increased automation costs.  (D) An   (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  up to the   an  amount specified by the Director of Finance  , not to exceed the following amounts   .   The following amounts are targeted loan amounts  : Jurisdiction Amount  $  Alameda .....................  $   2,152,429   2,199,786  Alpine ......................  3,124     100,000  Amador ......................  80,865     100,000  Butte .......................  381,956     207,431  Calaveras ...................  109,897     100,000  Colusa ......................  53,957     100,000  Contra Costa ................  2,022,088     1,627,492  Del Norte ...................  36,203     100,000  El Dorado ...................  302,795     305,855  Fresno ......................  1,165,249     654,693  Glenn .......................  59,197     100,000  Humboldt ....................  210,806     122,349  Imperial ....................  231,673     118,682  Inyo ........................  100,080     100,000  Kern ........................  1,211,318     844,381  Kings .......................  138,653     100,000  Lake ........................  117,376     100,000  Lassen ......................  54,699     100,000  Los Angeles .................  13,451,670     11,949,154  Madera ......................  212,991     123,737  Marin .......................  790,490     632,279  Mariposa ....................  46,476     100,000  Mendocino ...................  160,435     113,255  Merced ......................  298,004     189,021  Modoc .......................  24,022     100,000  Mono ........................  47,778     100,000  Monterey ....................  795,819     557,393  Napa ........................  366,020     302,698  Nevada ......................  234,292     187,802  Orange ......................  6,826,325     4,674,190  Placer ......................  628,047     637,598  Plumas ......................  80,606     100,000  Riverside ...................  2,358,068     2,382,914  Sacramento ..................  1,554,245    1,411,399  San Benito ..................  90,408     100,000  San Bernardino ..............  2,139,938     1,904,245  San Diego ...................  5,413,943     4,346,770  San Francisco ...............  1,013,332     1,672,609 San Joaquin .................  818,686     625,915  San Luis Obispo .............  736,288     445,928  San Mateo ...................  2,220,001     1,608,858  Santa Barbara ...............  926,817     681,538  Santa Clara .................  4,213,639    3,391,387  Santa Cruz ..................  565,328     372,719  Shasta ......................  342,399     174,472  Sierra ......................  7,383     100,000  Siskiyou ....................  91,164     100,000  Solano ......................  469,207     461,156  Sonoma ......................  1,035,049     762,342  Stanislaus ..................  866,155     411,622  Sutter ......................  147,436     100,000  Tehama ......................  97,222     100,000  Trinity .....................  24,913     100,000  Tulare ......................  501,907     305,188  Tuolumne ....................  126,067     100,000  Ventura .....................  1,477,789     1,164,648  Yolo ........................  278,309     228,498  Yuba ........................  88,968     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  and   ,  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.  The Controller shall make that payment only from moneys credited to the Motor Vehicle License Fee Account in the Transportation Tax Fund to which the participating county is entitled at that time under Chapter 5 (commencing with Section 11001) of Part 5 of Division 2, and shall thereupon reduce, by the amount of the payment, the subsequent allocation or allocations to which the county would otherwise be entitled under that chapter.  (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  1994-95   2011-12  fiscal year  exclusive of amounts provided to the assessor's office pursuant to Item 9100-102-001 of the Budget Act of 1994  .  However, in a county in which the 1994-95 funding level for the assessor's office was higher than the 1993-94 level, the 1993-94 fiscal year staffing and funding levels shall be considered the base year for purposes of this section. Commencing with the 1996-97 fiscal year, if a county was otherwise eligible but was unable to participate in this program in the 1995-96 fiscal year because it did not meet the funding level and staffing requirements of this paragraph, that county shall maintain a base staffing, including contract staff, and total funding level in the county assessor's office equal to the levels in the 1995-96 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.   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 that device, when inspection or testing of the device could legally be performed by a registered 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. (b) That fee shall be based upon a uniform schedule of fees, which shall be prescribed by the secretary for use by the counties. The secretary shall prepare the schedule of fees to be comparable with the rates charged by the industry's registered 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, the sealer shall remove the tag or device with the words "out of order," and shall seal and mark 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. (b) Upon completion of corrective repairs or adjustments, and with the authorization from the sealer, a 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 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 the purchaser, the purchaser shall in no case buy the commodity according to any quantity which is less than the true 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. 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.