Amended in Assembly April 15, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 236


Introduced by Assembly Member Lackey

February 5, 2015


An act to amendbegin delete Sectionend deletebegin insert Sectionsend insert 12701begin insert and 12703.1end insert of the Business and Professions Code, relating to weighmasters.

LEGISLATIVE COUNSEL’S DIGEST

AB 236, as amended, Lackey. Weighmasters: exemptions: pawnbrokers and secondhand dealers.

Existing law requires a person who weighs, measures, or counts a commodity and issues a statement or memorandum of the weight, measure, or count that is used as the basis for either the purchase or sale of that commodity or charge for service, to obtain a license as a weighmaster from the Department of Food and Agriculture, and imposes a license fee and various other requirements on weighmasters. Existing law exempts specified persons from those provisions by establishing a list of persons who are not weighmasters.begin insert Existing law, until January 1, 2019, requires the department end insertbegin insertto require a recycler or junk dealer who is an applicant for a new weighmaster license or a renewal of a weighmaster license to furnish specified additional information on the application. end insert

This bill would add licensed pawnbrokers and secondhand dealers to the list of persons who are notbegin delete weighmasters.end deletebegin insert weighmasters and would specify that pawnbrokers and secondhand dealers are exempt from the above-described provision applicable to a junk dealer or recycler who is an applicant for a weighmaster license.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

(a) The intent of the Legislature in enacting this
2measure is to clarify that licensed pawnbrokers and secondhand
3dealers are not weighmasters.

4(b) The Legislature finds and declares that this clarification is
5necessary following the enactment of Senate Bill 485 of the
62013-14 Regular Session of the Legislature, and the Department
7of Food and Agriculture’s subsequent administrative interpretation
8that pawnbrokers and secondhand dealers are subject to the
9provisions regulating weighmasters.

10

SEC. 2.  

Section 12701 of the Business and Professions Code,
11as amended by Section 1 of Chapter 693 of the Statutes of 2012,
12is amended to read:

13

12701.  

The following persons are not weighmasters:

14(a) Retailers weighing, measuring, or counting commodities for
15sale by them in retail stores in the presence of, and directly to,
16consumers.

17(b) Except for persons subject to Section 12730, producers of
18agricultural commodities or livestock, who weigh commodities
19produced or purchased by them or by their producer neighbors,
20when no charge is made for the weighing, or when no signed or
21 initialed statement or memorandum is issued of the weight upon
22which a purchase or sale of the commodity is based.

23(c) Common carriers issuing bills of lading on which are
24recorded, for the purpose of computing transportation charges, the
25weights of commodities offered for transportation, including
26carriers of household goods when transporting shipments weighing
27less than 1,000 pounds.

28(d) Milk samplers and weighers licensed pursuant to Article 8
29(commencing with Section 35161) of Chapter 12 of Part 1 of
30Division 15 of the Food and Agricultural Code, when performing
31the duties for which they are licensed.

32(e) Persons who measure the amount of oil, gas, or other fuels
33for purposes of royalty computation and payment, or other
34operations of fuel and oil companies and their retail outlets.

P3    1(f) Newspaper publishers weighing or counting newspapers for
2sale to dealers or distributors.

3(g) Textile maintenance establishments weighing, counting, or
4measuring any articles in connection with the business of those
5establishments.

6(h) County sanitation districts operating pursuant to Chapter 3
7(commencing with Section 4700) of Part 3 of Division 5 of the
8Health and Safety Code, garbage and refuse disposal districts
9operating pursuant to Chapter 2 (commencing with Section 49100)
10of Part 8 of Division 30 of the Public Resources Code, and solid
11waste facilities, as defined in Section 40194 of the Public
12Resources Code.

13(i) Facilities that handle medical waste and that report net
14weights, and not estimates, to the generator of the medical waste
15and the Department of Public Health in accordance with the
16provisions of the Medical Waste Management Act (Part 14
17(commencing with Section 117600) of Division 104 of the Health
18and Safety Code).

19(j) Persons who purchase scrap metal or salvage materials
20pursuant to a nonprofit recycling program, or recycling centers
21certified pursuant to Division 12.1 (commencing with Section
2214500) of the Public Resources Code that purchase empty beverage
23containers from the public for recycling.

24(k) Pest control operators licensed pursuant to Chapter 4
25(commencing with Section 11701) of Division 6 of the Food and
26Agricultural Code.

27(l) Retailers or recycling centers established solely for the
28redemption of empty beverage containers, as that phrase is defined
29in Section 14512 of the Public Resources Code, who are weighing,
30measuring, or counting salvage or returnable materials for purchase
31or redemption by them in retail stores, or, in the case of recycling
32centers, on the retail store premises or on a parking lot immediately
33adjacent to a retail store that is used for the purpose of parking by
34the store customers, directly from and in the presence of the seller.
35“Retailer” means an entity that derives 90 percent or more of its
36income from the sale of small quantities of food or nonfood items,
37or both, directly to consumers. “Salvage materials” means used
38paper products and used containers made of aluminum, tin, glass,
39or plastic.

P4    1(m) Any log scaler who performs log scaling functions, except
2weighing, as defined in the United States Forest Service Handbook,
3Supplement No. 4 of March 1987.

4(n) Pawnbrokers licensed pursuant to Chapter 3 (commencing
5with Section 21300) of Division 8 of the Financial Code, and
6secondhand dealers licensed pursuant to Article 4 (commencing
7with Section 21625) of Chapter 9 of Division 8, whenbegin delete performing
8the duties for which they are licensed.end delete
begin insert the pawnbroker or
9secondhand dealer weighs property that it acquires and reports
10the acquisition of the property pursuant to Section 21208 of the
11Financial Code or Article 4 (commencing with Section 21625) of
12Chapter 9 of Division 8, respectively.end insert

13(o) This section shall remain in effect only until January 1, 2017,
14and as of that date is repealed, unless a later enacted statute, that
15is enacted before January 1, 2017, deletes or extends that date.

16

SEC. 3.  

Section 12701 of the Business and Professions Code,
17as added by Section 2 of Chapter 693 of the Statutes of 2012, is
18amended to read:

19

12701.  

The following persons are not weighmasters:

20(a) Retailers weighing, measuring, or counting commodities for
21sale by them in retail stores in the presence of, and directly to,
22consumers.

23(b) Except for persons subject to Section 12730, producers of
24agricultural commodities or livestock, who weigh commodities
25produced or purchased by them or by their producer neighbors,
26when no charge is made for the weighing, or when no signed or
27initialed statement or memorandum is issued of the weight upon
28which a purchase or sale of the commodity is based.

29(c) Common carriers issuing bills of lading on which are
30recorded, for the purpose of computing transportation charges, the
31weights of commodities offered for transportation, including
32carriers of household goods when transporting shipments weighing
33less than 1,000 pounds.

34(d) Milk samplers and weighers licensed pursuant to Article 8
35(commencing with Section 35161) of Chapter 12 of Part 1 of
36Division 15 of the Food and Agricultural Code, when performing
37the duties for which they are licensed.

38(e) Persons who measure the amount of oil, gas, or other fuels
39for purposes of royalty computation and payment, or other
40operations of fuel and oil companies and their retail outlets.

P5    1(f) Newspaper publishers weighing or counting newspapers for
2sale to dealers or distributors.

3(g) Textile maintenance establishments weighing, counting, or
4measuring any articles in connection with the business of those
5establishments.

6(h) County sanitation districts operating pursuant to Chapter 3
7(commencing with Section 4700) of Part 3 of Division 5 of the
8Health and Safety Code, garbage and refuse disposal districts
9operating pursuant to Chapter 2 (commencing with Section 49100)
10of Part 8 of Division 30 of the Public Resources Code, and solid
11waste facilities, as defined in Section 40194 of the Public
12Resources Code.

13(i) Persons who purchase scrap metal or salvage materials
14pursuant to a nonprofit recycling program, or recycling centers
15certified pursuant to Division 12.1 (commencing with Section
1614500) of the Public Resources Code that purchase empty beverage
17containers from the public for recycling.

18(j) Pest control operators licensed pursuant to Chapter 4
19(commencing with Section 11701) of Division 6 of the Food and
20Agricultural Code.

21(k) Retailers, or recycling centers established solely for the
22redemption of empty beverage containers, as that phrase is defined
23in Section 14512 of the Public Resources Code, who are weighing,
24measuring, or counting salvage or returnable materials for purchase
25or redemption by them in retail stores, or, in the case of recycling
26centers, on the retail store premises or on a parking lot immediately
27adjacent to a retail store that is used for the purpose of parking by
28the store customers, directly from and in the presence of the seller.
29“Retailer” means an entity that derives 90 percent or more of its
30income from the sale of small quantities of food or nonfood items,
31or both, directly to consumers. “Salvage materials” means used
32paper products and used containers made of aluminum, tin, glass,
33or plastic.

34(l) Any log scaler who performs log scaling functions, except
35weighing, as defined in the United States Forest Service Handbook,
36Supplement No. 4 of March 1987.

37(m) Pawnbrokers licensed pursuant to Chapter 3 (commencing
38with Section 21300) of Division 8 of the Financial Code, and
39secondhand dealers licensed pursuant to Article 4 (commencing
40with Section 21625) of Chapter 9 of Division 8, whenbegin delete performing
P6    1the duties for which they are licensed. end delete
begin insert the pawnbroker or
2secondhand dealer weighs property that it acquires and reports
3the acquisition of the property pursuant to Section 21208 of the
4Financial Code or Article 4 (commencing with Section 21625) of
5Chapter 9 of Division 8, respectively.end insert

6(n) This section shall become operative on January 1, 2017.

7begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 12703.1 of the end insertbegin insertBusiness and Professions Codeend insert
8begin insert is amended to read:end insert

9

12703.1.  

(a) In addition to any other requirements for issuance
10of a license pursuant to this chapter, if the applicant is a recycler
11or junk dealer as defined in Section 21601, the department shall
12require the applicant to furnish all of the following information
13accurately on any application for a new license or the renewal of
14a license issued pursuant to this chapter:

15(1) A copy of the applicant’s current business license.

16(2) A statement indicating that the applicant has either filed an
17application for a stormwater permit or is not required to obtain a
18stormwater permit.

19(3) A statement indicating that the applicant has the equipment
20 necessary to comply with the photographic and thumbprinting
21requirements for the purchase and sale of nonferrous materials
22pursuant to Section 21608.5 or a statement indicating that the
23applicant will not be purchasing or selling nonferrous materials
24and is not required to comply with Section 21608.5.

25(4) A statement indicating that the applicant has requested to
26receive theft alert notifications pursuant to subdivision (a) of
27Section 21608.7, unless that requirement does not apply pursuant
28to subdivision (b) of that section.

29(5) The name or names of any deputy weighmasters.

30(b) The department shall issue a license to a junk dealer or
31recycler upon receipt of an application for a new license or renewal
32of a license that contains the information required by subdivision
33(a) and that is accompanied by the appropriate fee.

34(c) (1) On or before December 31, 2014, upon issuance of a
35license to a junk dealer or recycler, or renewal of such a license,
36the department shall make a thorough investigation of all of the
37information contained in the application within 90 days. If the
38license is issued or renewed on or after January 1, 2015, the
39department shall make a thorough investigation of all the
P7    1information contained in the application within 90 days for a new
2license, and within one calendar year for a renewal of a license.

3(2) Notwithstanding Section 12708, if the department determines
4that the information submitted pursuant to subdivision (a) is
5materially inaccurate, the department shall revoke the license issued
6to a junk dealer or recycler unless the junk dealer or recycler
7complies with the requirements of subdivision (a) within 14 days
8of notice from the department of a proposed revocation pursuant
9to this subdivision.

10(3) A junk dealer or recycler whose license has been revoked
11pursuant to this subdivision is entitled to a hearing conducted
12pursuant to Chapter 5 (commencing with Section 11500) of Part
131 of Division 3 of Title 2 of the Government Code.

14(d) The secretary may enter into a cooperative agreement with
15any county sealer to carry out the provisions of this section.

begin insert

16(e) This section shall not apply to a pawnbroker licensed
17pursuant to Chapter 3 (commencing with Section 21300) of
18Division 8 of the Financial Code and a secondhand dealer licensed
19pursuant to Article 4 (commencing with Section 21625) of Chapter
209 of Division 8.

end insert
begin delete

21(e)

end delete

22begin insert(end insertbegin insertf)end insert This section shall remain in effect only until January 1, 2019,
23and as of that date is repealed, unless a later enacted statute, that
24is enacted before January 1, 2019, deletes or extends that date.



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