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; AB 1518 Page 2 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, AB 1518 Page 3 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 AB 1518 Page 4 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 FN: 0003966