Amended in Assembly August 5, 2013

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

(Coauthors: Senators Berryhill and Galgiani)

February 21, 2013

An act to begin delete amend end delete begin insert amend, repeal, and add end insert Sections 12704 and 12709 of, and to begin delete add end delete begin insert add and repeal end insert Section 12703.1 begin delete to, end delete begin insert of, end insert 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. The 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, the bill would require the department to begin delete immediately inform the county sealer who is then required to end delete make a thorough investigation of all of the information contained in the application within begin delete 90 days. 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 delete begin insert specified time periods. end insert If the department determines that information submitted in the application is materially inaccurate, the 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. The bill would provide that a junk dealer or recycler whose weighmaster license has been revoked is entitled to a hearing. The bill would require begin insert a weighmaster who is end insert a junk dealer or recycler begin delete who is a weighmaster end delete to pay an additional annual fee of $500 to the department begin insert for each location at which the weighmaster operates, as specified, end insert for the administration and enforcement of these provisions. begin delete By imposing new duties on a county sealer, the bill would impose a state-mandated local program. end delete begin insert The bill would authorize the secretary to enter into a cooperative agreement with any county sealer to carry out certain of these provisions. This bill would repeal these new provisions on January 1, 2019. end insert

begin delete

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.

end delete begin delete

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.

end delete

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:

begin delete

(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.

end delete begin delete

(b)

end delete

begin insert (a) end insert  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.

begin delete

(c)

end delete

begin insert (b) end insert  Because the division and county sealers are responsible for
periodically inspecting and regulating all weighing and measuring
devices utilized by all scrap begin insert metal end insert recyclers doing business within
the state, they are perfectly suited to review and verify the
begin delete recordkeeping and reporting requirements for the scrap recycling
industry. end delete begin insert accuracy of the required information provided by the
recycler or junk dealer on the weighmaster license application. end insert

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)  begin delete Upon end delete begin insert (1) end insert begin insert   end insert begin insert On or before December 31, 2014, upon end insert issuance
of a license to a junk dealer or recycler, begin insert or renewal of such a
license, end insert the department shall begin delete immediately inform the county sealer
who shall then end delete make a thorough investigation of all of the
information contained in the application within 90 days. begin delete The county
sealer shall report to the department if the county sealer determines
that the application contains materially inaccurate information,
and, notwithstanding Section end delete begin insert If the license is issued or renewed
on or after January 1, 2015, the department shall make a thorough
investigation of all the information contained in the application
within 90 days for a new license, and within one calendar year for end insert
begin insert a renewal of a license. end insert

begin insert (2) end insert begin insert   end insert begin insert Notwithstanding Section end insert 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. begin delete A end delete

begin insert (3) end insert begin insert   end insert begin insert A end insert 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.

begin insert

(d) The secretary may enter into a cooperative agreement with
any county sealer to carry out the provisions of this section.

end insert begin insert

(e) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

end insert

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 begin insert at
which end insert the weighmaster is operating begin delete at end delete .

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

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

begin delete

(5) Five hundred dollars ($500) 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.

end delete begin insert

(b) In addition to the license fees set forth in subdivision (a), a
weighmaster who is a recycler or a junk dealer as defined in
Section 21601 or is performing services on behalf of a recycler or
junk dealer shall also pay to the department the following license
fee for each license year as applicable to the operation:

end insert begin insert

(1) Five hundred dollars ($500) if the weighmaster is operating
at a fixed location.

end insert begin insert

(2) Five hundred dollars ($500) for each additional fixed
location at which the weighmaster is operating.

end insert begin insert

(3) Five hundred dollars ($500) if the weighmaster is operating
at other than a fixed location.

end insert begin delete

(b)

end delete

begin insert (c) end insert  “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 begin delete director end delete
begin insert secretary end insert for expiration of the license, or yearly intervals after the
first renewal.

begin delete

(c)

end delete

begin insert (d) end insert  “Location” means a premise on which weighing, measuring,
or counting devices are used.

begin insert

(e) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 12704 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 12704. end insert   

(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 at
which the weighmaster is operating.

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

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

(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 secretary
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.

(d) This section shall become operative on January 1, 2019.

end insert

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

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 begin delete paragraph (5) of end delete
subdivision begin delete (a) end delete begin insert (b) end insert 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.

begin insert

(c) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

end insert

begin delete

SEC. 5.  

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.

end delete

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 12709 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 12709. end insert   

(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.

(b) This section shall become operative on January 1, 2019.

end insert