BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1518
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 1518 (Perea)
          As Amended  May 25, 2012
          Majority vote 

           BUSINESS & PROFESSIONS    9-0   APPROPRIATIONS      12-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Hayashi, Bill Berryhill,  |Ayes:|Fuentes, Blumenfield,     |
          |     |Allen, Butler,            |     |Bradford, Charles         |
          |     |Eng, Hagman, Hill, Ma,    |     |Calderon, Campos, Davis,  |
          |     |Smyth                     |     |Gatto, Ammiano, Hill,     |
          |     |                          |     |Lara, Mitchell, Solorio   |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Authorizes weighmasters to use unattended weighing 
          systems, as specified.  Specifically,  this bill :

          1)Authorizes 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 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 California Department of 
            Food and Agriculture (CDFA).

          2)Requires a weighmaster who uses an unattended weighing system 
            to keep the same number of deputy weighmaster licenses as were 
            licensed in the average of the last two years preceding the 
            use of an unattended weighing system, until January 1, 2020.  
             
          3)Requires a weighmaster who uses an unattended weighing system 
            to pay the following annual license fees, until January 1, 
            2020: 

             a)   $200 if the weighmaster is operating at a fixed 
               location; 

             b)   $75 for each additional fixed location at which the 
               weighmaster is operating; 








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             c)   $300 if the weighmaster is operating at other than a 
               fixed location; and, 

             d)   $50 for each deputy weighmaster. 

          4)Requires a weighmaster who uses an unattended weighing system 
            to pay the following annual license fees, beginning January 1, 
            2020: 

             a)   $75 if the weighmaster is operating at a fixed location; 


             b)   $30 for each additional fixed location at which the 
               weighmaster is operating; 

             c)   $200 if the weighmaster is operating at other than a 
               fixed location; and, 

             d)   $20 for each deputy weighmaster.

          5)Requires the name of the principal weighmaster and the unique 
            system identification number of the unattended weighing system 
            utilized to be imprinted on the weighmaster certificate to 
            satisfy current certificate requirements.

          6)Specifies that this bill does not impact existing weighing and 
            ticketing systems.

          7)Defines the following terms:

             a)   "License year" to mean 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 CDFA for expiration of the license, or yearly 
               intervals after the first renewal; 

             b)   "Location" to mean a premise on which weighing, 
               measuring, or counting devices are used;
           
             c)   "Principal weighmaster" to mean any person or entity 
               identified on the weighmaster certificate, that may employ 
               or designate any person to act for the weighmaster as a 
               deputy weighmaster, as specified; and,








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             d)   "Unattended weighing system" to mean an automated system 
               not directly under the supervision of a weighmaster that 
               meets approval, testing, and sealing requirements, as 
               specified.

           EXISTING LAW  :

          1)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.

          2)Requires that a weighmaster issue a signed weighmaster 
            certificate, with specified information, whenever payment for 
            the commodity is dependent on a written or printed weight, 
            measure, or count.

          3)Specifies that any weighing, measuring, or counting instrument 
            or device, as defined, which is used by a weighmaster be 
            approved, tested, and sealed, as specified.

           FISCAL EFFECT  :   According to the Assembly Appropriations 
          Committee:
          
          1)The Weighmaster Enforcement Program is funded by license fees 
            and approximately 70% of that revenue is generated from deputy 
            weighmaster license fees.  In fiscal year 2010-2011, the 
            program generated approximately $1,368,930. 

          2)Allowing unattended weighing systems for the 1,445 licensed 
            companies that deal in bulk construction materials, 
            cementitious materials, ready-mixed concrete and recycled 
            construction materials would result in an increase in 
            inspection costs for unattended weighing systems likely in 
            excess of $1.5 million per year.  

          3)Increased fees should fully offset the increased inspection 
            costs. 

           COMMENTS  :  Administered by the CDFA, the Weighmaster Enforcement 
          Program (WEP) assures that commercial transactions based on 
          quantities certified on a weighmaster certificate are accurate.  
          The program licenses as weighmasters, individuals or firms who 








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          weigh or measure bulk commodities and issue certificates of 
          accuracy.

          The WEP seeks to provide customer confidence when buying or 
          selling bulk products based on quantities represented on a 
          weighmaster certificate by ensuring uniformity, fairness and 
          honest competition in the marketplace. 

          A weighmaster is a person or business that weighs, measures, or 
          counts a commodity and issues a written statement of that 
          quantity, referred to as a weighmaster certificate.  It is a 
          legal document used as the basis to buy or sell the commodity 
          described on the certificate. 

          All weighmaster certificates are required by law to have certain 
          information that must be completed prior to issuance.  Some of 
          the required information includes the name of the licensed 
          weighmaster company and a description of the commodity weighed, 
          measured or counted. Certificates must be dated and signed by a 
          deputy weighmaster. 

          This bill allows weighmasters to use an unattended or 
          "automated" weighing system to issue a weighmaster certificate.  
          This bill also specifies that unattended weighing systems must 
          meet current approval, testing, and sealing requirements, and 
          creates a licensing fee structure for weighmasters using the 
          unattended weighing system.
           

          Analysis Prepared by  :    Joanna Gin / B., P. & C.P. / (916) 
          319-3301 


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