BILL NUMBER: AB 1518	CHAPTERED
	BILL TEXT

	CHAPTER  344
	FILED WITH SECRETARY OF STATE  SEPTEMBER 17, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 17, 2012
	PASSED THE SENATE  AUGUST 9, 2012
	PASSED THE ASSEMBLY  AUGUST 13, 2012
	AMENDED IN SENATE  JUNE 25, 2012
	AMENDED IN ASSEMBLY  MAY 25, 2012
	AMENDED IN ASSEMBLY  APRIL 10, 2012
	AMENDED IN ASSEMBLY  MARCH 19, 2012

INTRODUCED BY   Assembly Member Perea
   (Coauthors: Assembly Members Gordon and Olsen)
   (Coauthor: Senator La Malfa)

                        JANUARY 17, 2012

   An act to add, repeal, and add Section 12737 of the Business and
Professions Code, relating to weighmasters.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1518, Perea. Weighmasters: automated weighing systems.
   Existing law provides for the licensure of weighmasters who weigh,
measure, or count any commodity and issue a statement or memorandum
that is used as the basis for either the purchase or sale of that
commodity. Existing law requires that a weighmaster issue a signed
weighmaster certificate whenever payment for the commodity is
dependent on a written or printed weight, measure, or count. Under
existing law, the Secretary of Food and Agriculture may adopt rules
and regulations that are reasonably necessary for the purpose of
carrying out provisions of law related to weighmasters. Existing law
requires a weighmaster to pay to the Department of Food and
Agriculture various license fees, including a $75 fee if the
weighmaster is operating at a fixed location and a $200 fee if the
weighmaster is operating at other than a fixed location.
   This bill would authorize any weighmaster weighing any vehicle
moving construction materials, including, but not limited to, earth,
stone, rock, sand, gravel, limestone, ready mixed concrete,
cementitious materials, recycled construction materials, or asphalt
paving materials to use an unattended weighing system to weigh the
vehicle and to issue a weighmaster certificate to buyers who opt to
utilize the unattended system, as provided. The bill would define an
unattended weighing system as an automated system not directly under
the supervision of a weighmaster that meets the approval, testing,
and sealing requirements specified in existing law. The bill would
state that it would not impact existing weighing and ticketing
systems. The bill would require a weighmaster for an unattended
weighing system to pay, only until January 1, 2020, various license
fees, including a $200 fee if the weighmaster is operating at a fixed
location and a $300 fee if the weighmaster is operating at other
than a fixed location, not to exceed the reasonable regulatory costs
to the department of enforcing this provision. On and after January
1, 2020, the fees would be the same as the fees described above for
other weighmasters, as specified. The bill would, until January 1,
2020, require a weighmaster for an unattended weighing system to keep
the same number of deputy weighmaster licensees as were licensed in
the average of the last 2 years proceeding the use of an unattended
weighing system.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 12737 is added to the Business and Professions
Code, to read:
   12737.  (a) Any weighmaster weighing any vehicle moving
construction materials, including, but not limited to, earth, stone,
rock, sand, gravel, limestone, ready mixed concrete, cementitious
materials, recycled construction materials, or asphalt paving
materials may use an unattended weighing system to weigh the vehicle
and to issue a weighmaster certificate to buyers who opt to utilize
the unattended system, provided that the system and the operation of
the system comply with regulations or policies issued by the
secretary. The name of the principal weighmaster and the unique
system identification number of the unattended weighing system
utilized shall be imprinted on the weighmaster certificate and this
shall satisfy the requirements of subdivision (c) of Section 12715.
Nothing in this section impacts existing weighing and ticketing
systems.
   (b) (1) A weighmaster described in subdivision (a) shall pay the
department the following license fee for each license year as
applicable to the operation, and the fees set forth in Section 12704
shall not apply:
   (A) Two hundred dollars ($200) if the weighmaster is operating at
a fixed location.
   (B) Seventy-five dollars ($75) for each additional fixed location
at which the weighmaster is operating.
   (C) Three hundred dollars ($300) if the weighmaster is operating
at other than a fixed location.
   (D) Fifty dollars ($50) for each deputy weighmaster.
   (2) Any fee imposed pursuant to this section shall not exceed the
reasonable regulatory costs to the department of enforcing this
section.
   (c) For purposes of this section:
   (1) "License year" means the period of time beginning with the
first day of the month the weighmaster is required to be licensed in
this state, and ending on the date designated by the director for
expiration of the license, or yearly intervals after the first
renewal.
   (2) "Location" means a premise on which weighing, measuring, or
counting devices are used.
   (3) "Principal weighmaster" means the person or entity identified
on the weighmaster certificate, as described in subdivision (b) of
Section 12714, that may employ or designate any person to act for the
weighmaster as a deputy weighmaster pursuant to Section 12710.
   (4) "Unattended weighing system" means an automated system not
directly under the supervision of a weighmaster that meets the
approval, testing, and sealing requirements of Section 12717.
   (d) A weighmaster described in subdivision (a) shall keep the same
number of deputy weighmaster licensees as were licensed in the
average of the last two years proceeding the use of an unattended
weighing system.
   (e) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
  SEC. 2.  Section 12737 is added to the Business and Professions
Code, to read:
   12737.  (a) Any weighmaster weighing any vehicle moving
construction materials, including, but not limited to, earth, stone,
rock, sand, gravel, limestone, ready mixed concrete, cementitious
materials, recycled construction materials, or asphalt paving
materials may use an unattended weighing system to weigh the vehicle
and to issue a weighmaster certificate to buyers who opt to utilize
the unattended system, provided that the system and the operation of
the system comply with regulations or policies issued by the
secretary. The name of the principal weighmaster and the unique
system identification number of the unattended weighing system
utilized shall be imprinted on the weighmaster certificate and this
shall satisfy the requirements of subdivision (c) of Section 12715.
Nothing in this section impacts existing weighing and ticketing
systems.
   (b) (1) A weighmaster shall pay the department the following
license fee for each license year as applicable to the operation:
   (A) Seventy-five dollars ($75) if the weighmaster is operating at
a fixed location.
   (B) Thirty dollars ($30) for each additional fixed location at
which the weighmaster is operating.
   (C) Two hundred dollars ($200) if the weighmaster is operating at
other than a fixed location.
   (D) Twenty dollars ($20) for each deputy weighmaster.
   (2) Any fee imposed pursuant to this section shall not exceed the
reasonable regulatory costs to the department of enforcing this
section.
   (c) For purposes of this section:
   (1) "License year" means the period of time beginning with the
first day of the month the weighmaster is required to be licensed in
this state, and ending on the date designated by the director for
expiration of the license, or yearly intervals after the first
renewal.
   (2) "Location" means a premise on which weighing, measuring, or
counting devices are used.
   (3) "Principal weighmaster" means the person or entity identified
on the weighmaster certificate, as described in subdivision (b) of
Section 12714, that may employ or designate any person to act for the
weighmaster as a deputy weighmaster pursuant to Section 12710.
   (4) "Unattended weighing system" means an automated system not
directly under the supervision of a weighmaster that meets the
approval, testing, and sealing requirements of Section 12717.
   (d) This section shall become operative on January 1, 2020.