BILL ANALYSIS �
AB 1518
Page 1
ASSEMBLY THIRD READING
AB 1518 (Perea)
As Amended May 25, 2012
Majority vote
BUSINESS & PROFESSIONS 9-0 APPROPRIATIONS 12-0
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|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 |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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;
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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,
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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
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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