Amended in Senate April 8, 2013

Senate Bill No. 485

Introduced by Senator Calderon

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(Coauthor: Senator Berryhill)

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February 21, 2013

An act to amend Sections begin delete 12013, 12240, and 12503 end delete begin insert 12704 and 12709 end insert of, and to add Section begin delete 21606.3 end delete begin insert 12703.1 end insert to, the Business and Professions Code, relating to begin delete sealers. end delete begin insert weighmasters. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 485, as amended, Calderon. begin delete Sealers: end delete begin insert Weighmasters: end insert junk dealers and recyclers.

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Existing law vests the Department of Food and Agriculture with general supervision of weights and measures and weighing and measuring devices sold or used in the state, and authorizes the Secretary of Food and Agriculture to exercise any power conferred upon the department or upon the State Sealer, who is the chief of the division of the department charged with the enforcement of the provisions relating to weights and measures. Existing law defines a weighmaster as any person, who, for hire or otherwise, weighs, measures, or counts any commodity and issues a statement or memorandum of the weight, measure, or count which is used as the basis for either the purchase or sale of that commodity or charge for service. Existing law requires a weighmaster to obtain a license and to pay a license fee, as prescribed. Existing law authorizes the secretary to refuse to grant a license, to refuse to renew a license, or to revoke or suspend a license if, after a specified hearing, the secretary is satisfied that the applicant or licensee is not qualified to capably or reliably perform the duties of a weighmaster or has been found guilty of a misdemeanor relating to the regulation of weighmasters.

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This bill would require the department to require a recycler or junk dealer, as defined, who is an applicant for a new weighmaster license or a renewal of a weighmaster license to furnish specified additional information on the application. This bill would require the department to issue a license to a junk dealer or recycler upon receipt of an application for a new license or the renewal of a license that contains the appropriate information and fee. Upon issuance of a license to a junk dealer or recycler, this bill would require the department to make a thorough investigation of all of the information contained in the application within 90 days. If the department determines that information submitted in the application is materially inaccurate, this bill would require the department to revoke the license issued to the junk dealer or recycler unless the junk dealer or recycler complies with these information requirements within 14 days of notice, as specified. This bill would provide that a junk dealer or recycler whose license has been revoked is entitled to a hearing. This bill would require a junk dealer or recycler to pay an additional unspecified fee to the department for the administration and enforcement of these provisions.

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Existing law establishes the Division of Measurement Standards, administered by the State Sealer, within the Department of Food and Agriculture. Under existing law, the State Sealer, as well as county sealers, are authorized to enforce various provisions relating to weights and measures. Existing law authorizes a sealer, as a public officer, to arrest, without a warrant, a person whenever the officer has reasonable cause to believe that the person to be arrested has, in his or her presence, violated any of these provisions that are declared to be a public offense.

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Upon written request of a resident of a county, existing law requires a sealer to test or cause to be tested, as soon as practicable, the weights, measures, or weighing or measuring instruments used for commercial purposes by the person designated in that request, provided that there appears reasonable grounds for testing.

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Existing law requires a junk dealer or recycler to keep a written record of all sales and purchases made in the course of his or her business, as specified, and requires the junk dealer or recycler to report this information to the chief of police or to the sheriff, as specified. A violation of these provisions is a misdemeanor.

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This bill would require a sealer who is responding to a request concerning the weights, measures, or weighing or measuring instruments of a junk dealer or recycler to also inspect the sales and purchase records of the junk dealer or recycler to ensure compliance with the recordkeeping and reporting requirements described above. This bill would require a sealer to cite a junk dealer or recycler who is in violation of those recordkeeping or reporting requirements.

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This bill would require a junk dealer or recycler to pay a supplemental fee to the Division of Measurement Standards in the amount that the division determines is necessary to cover its reasonable regulatory costs for enforcing these provisions and would authorize county boards of supervisors to charge junk dealers and recyclers an amount not to exceed the amount needed for county sealers to enforce these provisions.

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By requiring county sealers to perform additional duties, this bill would impose a state-mandated local program.

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) The recordkeeping and reporting requirements for
commercial scrap recycling transactions, as set forth generally in
Article 3 (commencing with Section 21600) of Chapter 9 of
Division 8 of the Business and Professions Code, are intended
primarily to discourage metal theft and to promote honest
competition within the scrap metal recycling industry.

(b) According to the Division of Measurement Standards, the
agency responsible for enforcement of weights and measures laws
and regulations, the primary functions carried out by the division
are to ensure fair and honest competition for industry and accurate
value comparison for consumers.

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(c) Sealers of the division and county sealers are bona fide public
officers who have the authority to enforce certain criminal statutes
and to make arrests in order to ensure fair and honest competition
for industry and accurate value comparison for consumers.

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(d)

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begin insert (c) end insert  Because the division and county sealers are responsible for
periodically inspecting and regulating all weighing and measuring
devices utilized by all scrap recyclers doing business within the
state, they are perfectly suited to review and verify the
recordkeeping and reporting requirements for the scrap recycling
industry.

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begin insert SEC. 2. end insert   

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begin insert Section 12703.1 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

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begin insert 12703.1. end insert   

(a) In addition to any other requirements for issuance
of a license pursuant to this chapter, if the applicant is a recycler
or junk dealer as defined in Section 21601, the department shall
require the applicant to furnish all of the following information
accurately on any application for a new license or the renewal of
a license issued pursuant to this chapter:

(1) A copy of the applicant’s current business license.

(2) A statement indicating that the applicant has either filed an
application for a stormwater permit or is not required to obtain
a stormwater permit.

(3) A statement indicating that the applicant has the equipment
necessary to comply with the photographic and thumbprinting
requirements for the purchase and sale of nonferrous materials
pursuant to Section 21608.5 or a statement indicating that the
applicant will not be purchasing or selling nonferrous materials
and is not required to comply with Section 21608.5.

(4) The name or names of any deputy weighmasters.

(b) The department shall issue a license to a junk dealer or
recycler upon receipt of an application for a new license or
renewal of a license that contains the information required by
subdivision (a) and that is accompanied by the appropriate fee.

(c) Upon issuance of a license to a junk dealer or recycler, the
department shall make a thorough investigation of all of the
information contained in the application within 90 days.
Notwithstanding Section 12708, if the department determines that
the information submitted pursuant to subdivision (a) is materially
inaccurate, the department shall revoke the license issued to a
junk dealer or recycler unless the junk dealer or recycler complies
with the requirements of subdivision (a) within 14 days of notice
from the department of a proposed revocation pursuant to this
subdivision. A junk dealer or recycler whose license has been
revoked pursuant to this subdivision is entitled to a hearing
conducted pursuant to Chapter 5 (commencing with Section 11500)
of Part 1 of Division 3 of Title 2 of the Government Code.

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begin insert SEC. 3. end insert   

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begin insert Section 12704 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

12704.  

(a) A weighmaster shall pay to the department the
following license fee for each license year as applicable to the
operation:

(1) Seventy-five dollars ($75) if the weighmaster is operating
at a fixed location.

(2) Thirty dollars ($30) for each additional fixed location the
weighmaster is operating at.

(3) Two hundred dollars ($200) if the weighmaster is operating
at other than a fixed location.

(4) Twenty dollars ($20) for each deputy weighmaster.

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(5) ____ dollars ($____) if the weighmaster is a recycler or
junk dealer as defined in Section 21601 or is performing services
on behalf of a recycler or junk dealer.

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(b) “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.

(c) “Location” means a premise on which weighing, measuring,
or counting devices are used.

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begin insert SEC. 4. end insert   

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begin insert Section 12709 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

12709.  

begin insert (a) end insert begin insert   end insert All license fees collected begin delete pursant end delete begin insert pursuant end insert to this
chapter shall be deposited in the Department of Food and
Agriculture Fund to be expended by the department for the
administration and enforcement of this chapter begin insert , except as provided
in subdivision (b) end insert .

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(b) License fees collected pursuant to paragraph (5) of
subdivision (a) of Section 12704 shall be deposited in a special
account in the Department of Food and Agriculture Fund to be
expended by the department for the administration and enforcement
of Section 12703.1.

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SEC. 2.  

Section 12013 of the Business and Professions Code
is amended to read:

12013.  

(a) Any sealer shall have the authority, as a public
officer, to arrest, without a warrant, any person whenever the
officer has reasonable cause to believe that the person to be arrested
has, in his or her presence, violated any provision of this division,
the violation of which is declared to be a public offense, or any
offense declared to be a misdemeanor in Section 21608.

In any case in which an arrest is made pursuant to this authority
for an offense declared to be a misdemeanor or an infraction, the
arresting officer may, instead of taking the person arrested before
a magistrate, follow the procedure prescribed by Chapter 5C
(commencing with Section 853.5) of Title 3 of Part 2 of the Penal
Code, unless the arrested person demands to be taken before a
magistrate. The provisions of such chapter shall thereafter apply
with respect to any proceeding based upon the issuance of a citation
pursuant to this authority.

This subdivision shall not be interpreted to prevent further
restriction by the board of supervisors of a county of the authority
of a county sealer or his deputies to make arrests.

(b) There shall be no civil liability on the part of, and no cause
of action shall arise against, any person, acting pursuant to
subdivision (a) and within the scope of his authority, for false arrest
or false imprisonment arising out of any arrest which is lawful or
which the arresting officer, at the time of such arrest, had
reasonable cause to believe was lawful. No such officer shall be
deemed an aggressor or lose his right to self-defense by the use of
reasonable force to effect the arrest or to prevent escape or to
overcome resistance.

(c) Any sealer may serve all processes and notices throughout
the state; provided, that county sealers and their deputies are
authorized to serve processes and notices only within the
boundaries of the county which employs them.

SEC. 3.  

Section 12240 of the Business and Professions Code
is amended to read:

12240.  

(a) Except as otherwise provided in this section, the
board of supervisors, by ordinance, may charge an annual
registration fee, not to exceed the county’s total cost of actually
inspecting records or devices or testing the devices as required by
law, to recover the costs of inspecting or testing weighing and
measuring devices required of the county sealer pursuant to Section
12210, to cover the cost of enforcing Section 12503, and to recover
the cost of carrying out Section 12211.

(b) (1) For a junk dealer or recycler regulated pursuant to Article
3 (commencing with Section 21600) of Chapter 9 of Division 8
that is subject to the registration fee in this section, this registration
fee shall include an additional amount not to exceed the amount
needed for the duties imposed by subdivision (b) and (c) of Section
12503.

(2) Except as otherwise provided in this section, the annual
registration fee shall not exceed the amount set forth in subdivisions
(f) to (r), inclusive.

(c) The county may collect the fees biennially, in which case
they shall not exceed twice the amount of an annual registration
fee. The ordinance shall be adopted pursuant to Article 7
(commencing with Section 25120) of Chapter 1 of Part 2 of
Division 2 of Title 3 of the Government Code.

(d) Retail gasoline pump meters, for which the above fees are
assessed, shall be inspected as frequently as required by regulation,
but not less than once every two years.

(e) Livestock scales, animal scales, and scales used primarily
for weighing feed and seed, for which the above fees are assessed,
shall be inspected as frequently as required by regulation.

(f)  For purposes of this section, the annual registration fee for
a business that uses a commercial weighing or measuring device
or devices shall consist of a business location fee, a Department
of Food and Agriculture administrative fee, as specified in Section
12241, and a device fee, as specified in subdivisions (g) to (r),
inclusive. The business location fee and device fee shall not exceed
one hundred dollars ($100) per business location, plus 100 percent
of the maximum applicable device fee listed in subdivisions (g)
to (r), inclusive.

(g) (1) For marinas, mobilehome parks, recreational vehicle
parks, and apartment complexes, where the owner of the marina,
park, or complex owns and is responsible for the utility meters,
the device fee shall not exceed the following:

(A) For water submeters, two dollars ($2) per device per space
or apartment.

(B) For electric submeters, three dollars ($3) per device per
space or apartment.

(C) For vapor submeters, four dollars ($4) per device per space
or apartment.

(2) Marinas, mobilehome parks, recreational vehicle parks, and
apartment complexes for which the above fees are assessed shall
be inspected and tested as frequently as required by regulation.

(h) For weighing devices, other than livestock, with capacities
of 10,000 pounds or greater, the device fee shall not exceed two
hundred fifty dollars ($250) per device; for weighing devices, other
than livestock scales, with capacities of at least 2,000 pounds but
less than 10,000 pounds, the device fee shall not exceed one
hundred fifty dollars ($150) per device.

(i) This section does not apply to farm milk tanks.

(j) A scale or device used in a certified farmers’ market, as
defined by Section 113742 of the Health and Safety Code, is not
required to be registered in the county where the market is
conducted, if the scale or device has an unexpired seal for the
current year, issued by a licensed California county sealer.

(k) For livestock scales with capacities of 10,000 pounds or
greater, the device fee shall not exceed one hundred fifty dollars
($150) per device; for livestock scales with capacities of at least
2,000 pounds but less than 10,000 pounds, the device fee shall not
exceed one hundred dollars ($100) per device.

(l) For liquefied petroleum gas (LPG) meters, truck mounted
or stationary, the device fee shall not exceed one hundred
eighty-five dollars ($185) per device.

(m) For wholesale and vehicle meters, the device fee shall not
exceed seventy-five dollars ($75) per device.

(n) For computing scales, the device fee shall not exceed twenty
dollars ($20) per device. For purposes of this subdivision, a
computing scale shall be a weighing device with a capacity of less
than 100 pounds that indicates the money value of any commodity
weighed, at predetermined unit prices, throughout all or part of
the weighing range of the scale. For the purposes of this
subdivision, the portion of the annual registration fee consisting
of the business location fee and the device fees authorized by this
subdivision shall not exceed the sum of one thousand dollars
($1,000) for each business location.

(o) For jewelry and prescription scales, the device fee shall not
exceed eighty dollars ($80) per device. For purposes of this
subdivision, a jewelry or prescription scale shall be a scale that
meets the specifications, tolerances, and sensitivity requirements
established or adopted by the secretary applicable to those devices
in accordance with Section 12107.

(p) For weighing devices, other than computing, jewelry, and
prescription scales as defined in subdivisions (n) and (o), with
capacities of at least 100 pounds but less than 2,000 pounds, the
device fee shall not exceed fifty dollars ($50) per device.

(q) For vehicle odometers utilized to charge mileage usage fees
in vehicle rental transactions or in computing other charges for
service, including, but not limited to, ambulance, towing, or
limousine services, the device fee shall not exceed sixty dollars
($60) per device.

(r) This section does not apply to odometers in rental passenger
vehicles, as defined in Section 465 of the Vehicle Code, that are
subject to Section 1936 of the Civil Code. If a person files a
complaint with the county sealer regarding the accuracy of a rental
passenger vehicle odometer, the county sealer may charge a fee
to the operator of the vehicle rental business sufficient to recover,
but not to exceed, the reasonable cost of testing the device in
investigation of the complaint.

(s) For vehicle odometers utilized to charge mileage usage fees
in vehicle rental transactions involving nonpassenger vehicles that
are not subject to Section 1936 of the Civil Code, the portion of
the annual registration fee consisting of the business location fee
and the device fee authorized pursuant to subdivision (q) shall not
exceed the sum of three hundred forty dollars ($340) for each
business location.

(t) For all other commercial weighing or measuring devices not
listed in subdivisions (g) to (r), inclusive, the device fee shall not
exceed twenty dollars ($20) per device. For the purposes of this
subdivision, the total portion of the annual registration fee
consisting of the business location fee and the device fees
authorized by this subdivision shall not exceed the sum of one
thousand dollars ($1,000), for each business location.

(u) For the purposes of this section, a single business location
is defined as:

(1) Each business location that uses one or more categories or
types of commercial devices as set forth in subdivisions (g) to (p),
inclusive, and in subdivision (t), that require the use of specialized
testing equipment and that necessitates not more than one
inspection trip by a weights and measures official.

(2) Each vehicle, except for those vehicles that are employed
in vehicle rental transactions, in which one or more commercial
devices is installed and used.

(3) (A) For vehicles that are employed in vehicle rental
transactions and that are not subject to Section 1936 of the Civil
Code, each business location at which vehicles are stored or
maintained by a vehicle rental company for the purposes of renting
vehicles to customers.

(B) A facility that meets all of the following criteria shall not
be considered a business location for the purposes of this
paragraph:

(i) The facility is not wholly, or in any part, owned, leased, or
operated by the vehicle rental company.

(ii) The facility is not operated or staffed by an employee of the
vehicle rental company.

(iii) The facility stores or maintains, on a temporary basis,
vehicles at the location for customer convenience.

(C) If a person files a complaint with the county sealer regarding
the accuracy of an odometer in a vehicle found or located at a
facility described in subparagraph (B), the county sealer may
charge a fee to the operator of the vehicle rental company sufficient
to recover, but not to exceed, the reasonable cost of testing the
device in investigation of the complaint.

SEC. 4.  

Section 12503 of the Business and Professions Code
is amended to read:

12503.  

(a) Upon a written request of any resident of a county,
there appearing reasonable ground therefor, the sealer shall test or
cause to be tested, as soon thereafter as is practicable, the weights,
measures, or weighing or measuring instruments used for
commercial purposes by the person designated in that request.

(b) If the request set forth in subdivision (a) concerns the
weights, measures, or weighing or measuring instruments of a junk
dealer or recycler, the sealer shall inspect the record of sales and
purchases of the junk dealer or recycler to ensure compliance with
Sections 21605 and 21606.

(c) If the sealer determines that the junk dealer or recycler is in
violation of the recordkeeping or reporting requirements, the sealer
shall cite the junk dealer or recycler for a misdemeanor violation
as set forth in Section 21608.

(d) Costs of enforcing subdivisions (b) and (c) shall be paid
from the special account established in Section 21606.3.

SEC. 5.  

Section 21606.3 is added to the Business and
Professions Code, to read:

21606.3.  

(a) Every junk dealer and recycler shall pay a
supplemental fee to the Division of Measurement Standards that
the division determines is necessary to cover its reasonable
regulatory costs for enforcing subdivisions (b) and (c) of Section
12503.

(b) The fees shall be deposited into a special account within the
Department of Food and Agriculture Fund.

SEC. 6.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.

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