BILL ANALYSIS �
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|Hearing Date:July 2, 2012 |Bill No:AB |
| |1518 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Curren D. Price, Jr., Chair
Bill No: AB 1518Author:Perea
As Amended:June 25, 2012 Fiscal:No
SUBJECT: Weighmasters: automated weighing systems.
SUMMARY: Authorizes any weighmaster weighing any vehicle moving
construction 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.
Existing law:
1)Defines "weighmaster" as any person who weighs, measures, or counts
any commodity and issues a statement of 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. (BPC � 12700)
2)Provides for the licensure of weighmasters. (BPC � 12703)
3)Requires a weighmaster to pay to the California Department of Food
and Agriculture (CDFA) the following license fee for each license
year as applicable to the operation:
a) Seventy-five dollars ($75) if the weighmaster is operating at
a fixed location.
b) Thirty dollars ($30) for each additional fixed location the
weighmaster is operating at.
c) Two hundred dollars ($200) if the weighmaster is operating at
other than a fixed location.
d) Twenty dollars ($20) for each deputy weighmaster. (BPC �
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12704)
1)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. (BPC �
12711)
2)Requires weighmasters to obtain a license with the Division of
Measurement Standards under the CDFA. (BPC � 12714)
3)Requires weighmasters to keep and preserve for four years all copies
of certificates issued and make them available for inspection. (BPC
� 12716)
4) Requires that any weighing, measuring, or counting instrument or
device, as defined, which is used by a weighmaster to be approved,
tested, and sealed. (BPC � 12717)
9)Authorizes the Director to adopt necessary rules and regulations
regarding the accuracy of automated systems for retail commodity
price charging referred to as "scanners."
(BPC � 12736)
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 CDFA.
2) Defines an unattended weighing system as an automated system not
directly under the supervision of a weighmaster that meets the
approval, testing, and sealing requirements specified in existing
law.
3) Specifies that this bill does not impact existing weighing and
ticketing systems.
4) 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.
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5) 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;
c) $300 if the weighmaster is operating at other than a fixed
location; and,
d) $50 for each deputy weighmaster.
6) 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.
7) 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.
8) 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
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weighmaster, as specified; and,
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.
FISCAL EFFECT: None. This bill has not been keyed "fiscal" by
Legislative Counsel.
COMMENTS:
1.Purpose. This measure is sponsored by the California Construction
and Industrial Materials Association (CALCIMA). According to the
Sponsor, "the legal counsel for the Department of Food and
Agriculture has determined that issuance of automated weigh tickets
is not allowed under current law, stating that current law was
written in 1916.
"Technological developments with computers, scanners, sensors,
electronics, lasers, video, etc. provide capabilities for accuracy,
verification, and efficiency that were not previously available. In
essence, technology provides means for remote and/or unattended
systems.
"Nearly every facet of extraction, processing, batching, loading,
weighing, and ticketing of construction materials is or can be
automated to some degree. Individual loader operators even have
computerized information on how much to load in each truck. Load
out processes remain the one operation that cannot be fully
automated due to current law.
"Construction and industrial material operations can load out up to
hundreds of trucks each day during busy times. Automated systems
will allow more efficient dispatch of trucks, which can help reduce
truck queuing and idling, improve timely delivery to projects, and
distribute impacts to local traffic more evenly. It can assist with
the management of vehicles to meet after hour work demands.
"Automated systems can allow for utilization of more plants. In a slow
economy, it is often uneconomical to open or operate certain plants
for small projects due to the lack of automation. This can lead to
materials being hauled longer distances over public roads.
Automated load outs could facilitate optimal use of plants nearest
to projects.
"It brings California standards up to par with other states and allows
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California industry to modernize. In certain locations, imports of
aggregates, cement, and related materials from Canada, Mexico, and
other nations compete with California sources."
2.Background. The Weighmaster program was established in 1916 to
ensure accuracy and fairness in weighing and measuring for
commercial transactions involving commodities. A key component of
the law is that a weighmaster or deputy is present to sign weight
certificates.
Administered by the CDFA, the Weighmaster Enforcement Program assures
that commercial transactions based on quantities certified on a
weighmaster certificate are accurate. The program licenses as
weighmasters, individuals or firms who weigh or measure bulk
commodities and issue certificates of accuracy.
The Weighmaster Enforcement Program seeks to provide customer
confidence when buying or selling bulk products based on quantities
represented on a weighmaster certificate by ensuring uniformity,
objectivity 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.
3.Related Legislation. AB 1623 (Yamada) extends the authority of a
county board of supervisors to charge fees to recover the costs of
the county sealer until January 1, 2018, and establishes or revises
device fee caps. This bill will be heard in this Committee on July
2.
AB 1782 (Hill) exempts medical waste handlers from recording parcel
weight information on weighmaster certificates. This bill is
currently awaiting hearing on the Senate floor.
SB 944 (BP&ED Committee, Chapter 432, Statutes of 2011) a Committee
omnibus bill, as introduced, contained a similar provision to the
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weighmaster exemption for medical waste haulers found in AB 1782.
However, due to opposition from the California Agricultural
Commissioners and Sealers Association, the amendment was removed
from the bill.
4.Arguments in Support. The Sponsor of this bill writes, "AB 1518
would update a 1916 provision in the Business & Professions Code
that prevents modernization of weighing and ticketing functions. In
particular, the code requires the physical presence of a
'weighmaster' to issue a weigh certificate. While nearly every
aspect of extracting, processing, batching, and loading materials
can be automated, the exception is for the issuance of the weigh
certificate.
"While supporting technology adaptations, CALCIMA members are also
equally committed to accuracy and transparency of transactions. Our
members work closely with the Division of Measurement Standards
(DMS) to ensure automated systems meet or exceed transaction
safeguards that prevent fraud or misuse. This legislation
re-iterates authority for DMS to regulate, approve, and test
weighting systems, and retains overall weighmaster function and
responsibility.
"The legislation can provide many benefits, including allowing for
more efficient scheduling of trucks and plant operations, reducing
truck idling and congestion on road ways, allowing use of plants
closer to project sites, and assisting California business to
compete more effectively, while also implementing the technologies
to enhance verification, accuracy and record-keeping."
SUPPORT AND OPPOSITION:
Support:
California Construction and Industrial Materials Association (Sponsor)
CALPORTLAND
California Rock Crushers
DeSilva Gates Construction
Langley Hill Quarry
Teichert Materials
Vulcan Materials Company
West Coast Aggregates, Inc
Western Care Construction Company, Inc.
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Opposition:
None received as of June 27, 2012
Consultant:Michael Lynch