Bill Text: CA SB485 | 2013-2014 | Regular Session | Chaptered
Bill Title: Weighmasters: junk dealers and recyclers.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2013-10-03 - Chaptered by Secretary of State. Chapter 518, Statutes of 2013. [SB485 Detail]
Download: California-2013-SB485-Chaptered.html
BILL NUMBER: SB 485 CHAPTERED
BILL TEXT
CHAPTER 518
FILED WITH SECRETARY OF STATE OCTOBER 3, 2013
APPROVED BY GOVERNOR OCTOBER 3, 2013
PASSED THE SENATE SEPTEMBER 10, 2013
PASSED THE ASSEMBLY SEPTEMBER 9, 2013
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, repeal, and add Sections 12704 and 12709 of, and
to add and repeal Section 12703.1 of, the Business and Professions
Code, relating to weighmasters.
LEGISLATIVE COUNSEL'S DIGEST
SB 485, 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 make a thorough
investigation of all of the information contained in the application
within 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 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. 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 PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(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.
(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
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) (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 make a thorough investigation of all of the
information contained in the application within 90 days. 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.
(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.
(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) 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.
(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 secretary for
expiration of the license, or yearly intervals after the first
renewal.
(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. 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 subdivision (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. 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.
