BILL NUMBER: SB 485	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 5, 2013
	AMENDED IN SENATE  MAY 28, 2013
	AMENDED IN SENATE  MAY 14, 2013
	AMENDED IN SENATE  APRIL 8, 2013

INTRODUCED BY   Senator Calderon
   (Coauthors: Senators Berryhill and Galgiani)

                        FEBRUARY 21, 2013

   An act to  amend   amend, repeal, and add
 Sections 12704 and 12709 of, and to  add  
add and repeal  Section 12703.1  to,   of,
 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 
immediately inform the county sealer who is then required to
 make a thorough investigation of all of the information
contained in the application within  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.   specified time periods.  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  a weighmaster
who is  a junk dealer or recycler  who is a weighmaster
 to pay an additional annual fee of $500 to the department
 for each location at which the weighmaster operates, as
specified,  for the administration and enforcement of these
provisions.  By imposing new duties on a county sealer, the
bill would impose a state-mandated local program.   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.  
   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.  
   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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


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) 
    (a)  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) 
    (b)  Because the division and county sealers are
responsible for periodically inspecting and regulating all weighing
and measuring devices utilized by all scrap  metal 
recyclers doing business within the state, they are perfectly suited
to review and verify the  recordkeeping and reporting
requirements for the scrap recycling industry.  
accuracy of the required information provided by the recycler or junk
dealer on the weighmaster license application. 
  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   (1)     On or
before December 31, 2014, upon issuance of a license to a junk
dealer or recycler,  or renewal of such a license,  the
department shall  immediately inform the county sealer who
shall then  make a thorough investigation of all of the
information contained in the application within 90 days.  The
county sealer shall report to the department if the county sealer
determines that the application contains materially inaccurate
information, and, notwithstanding Section   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   a renewal of a
license. 
    (2)     Notwithstanding 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

    (3)     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. 
   (d) The secretary may enter into a cooperative agreement with any
county sealer to carry out the provisions of this section.  

   (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. 
  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 
at which  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) 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.  
   (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:  
   (1) Five hundred dollars ($500) if the weighmaster is operating at
a fixed location.  
   (2) Five hundred dollars ($500) for each additional fixed location
at which the weighmaster is operating.  
   (3) Five hundred dollars ($500) if the weighmaster is operating at
other than a fixed location.  
   (b) 
    (c)  "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   secretary  for expiration of
the license, or yearly intervals after the first renewal. 
   (c) 
    (d)  "Location" means a premise on which weighing,
measuring, or counting devices are used. 
   (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. 
   SEC. 4.    Section 12704 is added to the  
Business and Professions Code   , 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 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. 
   SEC. 4.   SEC. 5.   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)   (b)  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.

   (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.  
  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. 
   SEC. 6.    Section 12709 is added to the  
Business and Professions Code   , 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.
   (b) This section shall become operative on January 1, 2019.