Amended in Senate May 28, 2013

Amended in Senate May 14, 2013

Amended in Senate April 8, 2013

Senate Bill No. 485

Introduced by Senator Calderon

begin delete ( Coauthors: end delete begin insert (Coauthors: end insert Senators Berryhill and Galgiani)

February 21, 2013

An act to amend Sections 12704 and 12709 of, and to add Section 12703.1 to, the Business and Professions Code, relating to weighmasters.

LEGISLATIVE COUNSEL’S DIGEST

SB 485, as amended, Calderon. Weighmasters: junk dealers and recyclers.

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.

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. begin delete This end delete begin insert The end insert bill would require the department to issue a weighmaster 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 weighmaster license to a junk dealer or recycler, begin delete this end delete begin insert the end insert bill would require the department to begin insert immediately inform the county sealer who is then required to end insert make a thorough investigation of all of the information contained in the application within 90 days. begin insert The bill would require the county sealer to report to the department if the county sealer determines that the application contains materially inaccurate information. end insert If the department determines that information submitted in the application is materially inaccurate, begin delete this end delete begin insert the end insert 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. begin delete This end delete begin insert The end insert bill would provide that a junk dealer or recycler whose weighmaster license has been revoked is entitled to a hearing. begin delete This end delete begin insert The end insert bill would require a junk dealer or recycler who is a weighmaster to pay an additional annual fee of begin delete $250 end delete begin insert $500 end insert to the department for the administration and enforcement of these provisions. begin insert By imposing end insert begin insert new duties on a county sealer, the bill would impose a state-mandated local program. end insert

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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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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

(c) 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.

SEC. 2.  

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

12703.1.  

(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 begin insert immediately inform the county sealer who shall
then end insert make a thorough investigation of all of the information
contained in the application within 90 days. begin delete Notwithstanding end delete begin insert The
county sealer shall report to the department if the county sealer
determines that the application contains materially inaccurate
information, and, notwithstanding end insert 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.

SEC. 3.  

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

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.

(5)  begin delete Two hundred fifty dollars ($250) end delete begin insert Five hundred dollars
($500) end insert 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.

(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.

SEC. 4.  

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

12709.  

(a) All license fees collected pursuant 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, except as provided in subdivision (b).

(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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begin insert SEC. 5. end insert   

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

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