Reduce Weights and Measures Fee

Item 104 #1c

Language
Page 72, line 1, strike "$2,243,624" and insert "$2,268,624".
Page 72, line 1, strike "$2,243,624" and insert "$2,268,624".
Page 72, line 9, before "Notwithstanding", insert "A."
Page 72, line 11, strike “$9” and insert “$4”.
Page 72, after line 14, insert:
"B.1. The Commissioner shall develop a long-term plan to adequately fund the weights and measures program.  In developing the plan, the Commissioner shall seek input from representatives from local governments, private sector organizations and the public.  The plan’s objective is to develop a financial strategy for the program that will protect the public and the business sector without undue regulatory burdens.  The plan shall address, but not be limited to, these factors: (1) the likelihood of additional general fund resources for this activity; (2) projected workloads, including the total number of devices subject to regulation and by type of device; (3) cost containment strategies in regulatory management through increased reliance upon technology; (4) options to fund the program or a portion of the program through a flexible fee schedule that considers the number of devices used by a business establishment and the time and resources to test such devices; and (5) legislation to implement the plan.  The Commissioner shall submit the plan no later than January 14, 2005, to the Chairmen of the Senate Finance and Agriculture, Conservation and Natural Resources Committees, and House Appropriations and Agriculture, Chesapeake and Natural Resources Committees.  Legislative proposals to carry out the plan must be introduced no later than January 14, 2005.
2.  If these conditions are not fulfilled, then the Department of Agriculture and Consumer Services is authorized to reinstate, effective June 1, 2005, the $9 per device registration fee authorized in Chapter 1042 of the Acts of Assembly of 2003 and assess and collect the additional $5 per device prior to the end of fiscal year 2005.  If the Department of Agriculture and Consumer Services fails to introduce legislative proposals to carry out the plan, the Department of Planning and Budget shall unallot $222,980 the first year from special funds appropriated for the weights and measures program.  Such moneys shall remain unalloted until such time as the Department of Agriculture and Consumer Services fulfills the conditions set out in these paragraphs."

Explanation
(This amendment reduces the $9 weights and measures fee assessed beginning in fiscal year 2004, pursuant to Chapter 1042 of the Acts of Assembly of 2003, to $4. The amendment also requires the department to develop and submit a plan on ways to fund the program and to improve its efficiency and reduce its regulatory burdens. Language stipulates that if a proposal to address the program is not submitted to the 2005 Session of the General Assembly, the fee will revert to $9 but the increased revenues generated will be held by the Department of Planning and Budget unless VDACS develops the plan package. The amendment also provides $50,000 from the general fund to help the Department of Agriculture and Consumer Services develop and implement the plan.)