BILL NUMBER: SB 485	AMENDED
	BILL TEXT

	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 Sections 12704 and 12709 of, and to add Section
12703.1 to, 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.  This 
 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,  this
 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.  If the department determines that information
submitted in the application is materially inaccurate,  this
  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.  This  
The  bill would provide that a junk dealer or recycler whose
weighmaster license has been revoked is entitled to a hearing.
 This   The  bill would require a junk
dealer or recycler who is a weighmaster to pay an additional annual
fee of  $250   $500  to the department 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 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:  no   yes  .


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) 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) Because the division and county sealers are responsible for
periodically inspecting and regulating all weighing and measuring
devices utilized by all scrap recyclers doing business within the
state, they are perfectly suited to review and verify the
recordkeeping and reporting requirements for the scrap recycling
industry.
  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 issuance of a license to a junk dealer or recycler, 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.  Notwithstanding
  The county sealer shall report to the department if
the county sealer determines that the application contains materially
inaccurate information, and, 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 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.
  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 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)  Two hundred fifty dollars ($250)   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) "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 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.
  SEC. 4.  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) 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. 
  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.