Bill Text: CA AB236 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Weighmasters: exemptions: pawnbrokers and secondhand dealers.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2015-07-15 - Chaptered by Secretary of State - Chapter 103, Statutes of 2015. [AB236 Detail]

Download: California-2015-AB236-Amended.html

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BILL NUMBER: AB 236	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 15, 2015

INTRODUCED BY   Assembly Member Lackey

                        FEBRUARY 5, 2015

   An act to amend  Section   Sections 
12701  and 12703.1  of the Business and Professions Code,
relating to weighmasters.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 236, as amended, Lackey. Weighmasters: exemptions: pawnbrokers
and secondhand dealers.
   Existing law requires a person who weighs, measures, or counts a
commodity and issues a statement or memorandum of the weight,
measure, or count that is used as the basis for either the purchase
or sale of that commodity or charge for service, to obtain a license
as a weighmaster from the Department of Food and Agriculture, and
imposes a license fee and various other requirements on weighmasters.
Existing law exempts specified persons from those provisions by
establishing a list of persons who are not weighmasters. 
Existing law, until January 1, 2019, requires the department 
 to require a recycler or junk dealer 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 bill would add licensed pawnbrokers and secondhand dealers to
the list of persons who are not  weighmasters. 
 weighmasters and would specify that pawnbrokers and secondhand
dealers are exempt from the above-described provision applicable to a
junk dealer or recycler who is an applicant for a weighmaster
license. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  (a) The intent of the Legislature in enacting this
measure is to clarify that licensed pawnbrokers and secondhand
dealers are not weighmasters.
   (b) The Legislature finds and declares that this clarification is
necessary following the enactment of Senate Bill 485 of the 2013-14
Regular Session of the Legislature, and the Department of Food and
Agriculture's subsequent administrative interpretation that
pawnbrokers and secondhand dealers are subject to the provisions
regulating weighmasters.
  SEC. 2.  Section 12701 of the Business and Professions Code, as
amended by Section 1 of Chapter 693 of the Statutes of 2012, is
amended to read:
   12701.  The following persons are not weighmasters:
   (a) Retailers weighing, measuring, or counting commodities for
sale by them in retail stores in the presence of, and directly to,
consumers.
   (b) Except for persons subject to Section 12730, producers of
agricultural commodities or livestock, who weigh commodities produced
or purchased by them or by their producer neighbors, when no charge
is made for the weighing, or when no signed or initialed statement or
memorandum is issued of the weight upon which a purchase or sale of
the commodity is based.
   (c) Common carriers issuing bills of lading on which are recorded,
for the purpose of computing transportation charges, the weights of
commodities offered for transportation, including carriers of
household goods when transporting shipments weighing less than 1,000
pounds.
   (d) Milk samplers and weighers licensed pursuant to Article 8
(commencing with Section 35161) of Chapter 12 of Part 1 of Division
15 of the Food and Agricultural Code, when performing the duties for
which they are licensed.
   (e) Persons who measure the amount of oil, gas, or other fuels for
purposes of royalty computation and payment, or other operations of
fuel and oil companies and their retail outlets.
   (f) Newspaper publishers weighing or counting newspapers for sale
to dealers or distributors.
   (g) Textile maintenance establishments weighing, counting, or
measuring any articles in connection with the business of those
establishments.
   (h) County sanitation districts operating pursuant to Chapter 3
(commencing with Section 4700) of Part 3 of Division 5 of the Health
and Safety Code, garbage and refuse disposal districts operating
pursuant to Chapter 2 (commencing with Section 49100) of Part 8 of
Division 30 of the Public Resources Code, and solid waste facilities,
as defined in Section 40194 of the Public Resources Code.
   (i) Facilities that handle medical waste and that report net
weights, and not estimates, to the generator of the medical waste and
the Department of Public Health in accordance with the provisions of
the Medical Waste Management Act (Part 14 (commencing with Section
117600) of Division 104 of the Health and Safety Code).
   (j) Persons who purchase scrap metal or salvage materials pursuant
to a nonprofit recycling program, or recycling centers certified
pursuant to Division 12.1 (commencing with Section 14500) of the
Public Resources Code that purchase empty beverage containers from
the public for recycling.
   (k) Pest control operators licensed pursuant to Chapter 4
(commencing with Section 11701) of Division 6 of the Food and
Agricultural Code.
   (l) Retailers or recycling centers established solely for the
redemption of empty beverage containers, as that phrase is defined in
Section 14512 of the Public Resources Code, who are weighing,
measuring, or counting salvage or returnable materials for purchase
or redemption by them in retail stores, or, in the case of recycling
centers, on the retail store premises or on a parking lot immediately
adjacent to a retail store that is used for the purpose of parking
by the store customers, directly from and in the presence of the
seller. "Retailer" means an entity that derives 90 percent or more of
its income from the sale of small quantities of food or nonfood
items, or both, directly to consumers. "Salvage materials" means used
paper products and used containers made of aluminum, tin, glass, or
plastic.
   (m) Any log scaler who performs log scaling functions, except
weighing, as defined in the United States Forest Service Handbook,
Supplement No. 4 of March 1987.
   (n) Pawnbrokers licensed pursuant to Chapter 3 (commencing with
Section 21300) of Division 8 of the Financial Code, and secondhand
dealers licensed pursuant to Article 4 (commencing with Section
21625) of Chapter 9 of Division 8, when  performing the
duties for which they are licensed.   the pawnbroker or
secondhand dealer weighs property that it acqu   ires and
reports the acquisition of the property pursuant to Section 21208 of
the Financial Code or Article 4 (commencing with Section 21625) of
Chapter 9 of Division 8, respectively. 
   (o) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
  SEC. 3.  Section 12701 of the Business and Professions Code, as
added by Section 2 of Chapter 693 of the Statutes of 2012, is amended
to read:
   12701.  The following persons are not weighmasters:
   (a) Retailers weighing, measuring, or counting commodities for
sale by them in retail stores in the presence of, and directly to,
consumers.
   (b) Except for persons subject to Section 12730, producers of
agricultural commodities or livestock, who weigh commodities produced
or purchased by them or by their producer neighbors, when no charge
is made for the weighing, or when no signed or initialed statement or
memorandum is issued of the weight upon which a purchase or sale of
the commodity is based.
   (c) Common carriers issuing bills of lading on which are recorded,
for the purpose of computing transportation charges, the weights of
commodities offered for transportation, including carriers of
household goods when transporting shipments weighing less than 1,000
pounds.
   (d) Milk samplers and weighers licensed pursuant to Article 8
(commencing with Section 35161) of Chapter 12 of Part 1 of Division
15 of the Food and Agricultural Code, when performing the duties for
which they are licensed.
   (e) Persons who measure the amount of oil, gas, or other fuels for
purposes of royalty computation and payment, or other operations of
fuel and oil companies and their retail outlets.
   (f) Newspaper publishers weighing or counting newspapers for sale
to dealers or distributors.
   (g) Textile maintenance establishments weighing, counting, or
measuring any articles in connection with the business of those
establishments.
   (h) County sanitation districts operating pursuant to Chapter 3
(commencing with Section 4700) of Part 3 of Division 5 of the Health
and Safety Code, garbage and refuse disposal districts operating
pursuant to Chapter 2 (commencing with Section 49100) of Part 8 of
Division 30 of the Public Resources Code, and solid waste facilities,
as defined in Section 40194 of the Public Resources Code.
   (i) Persons who purchase scrap metal or salvage materials pursuant
to a nonprofit recycling program, or recycling centers certified
pursuant to Division 12.1 (commencing with Section 14500) of the
Public Resources Code that purchase empty beverage containers from
the public for recycling.
   (j) Pest control operators licensed pursuant to Chapter 4
(commencing with Section 11701) of Division 6 of the Food and
Agricultural Code.
   (k) Retailers, or recycling centers established solely for the
redemption of empty beverage containers, as that phrase is defined in
Section 14512 of the Public Resources Code, who are weighing,
measuring, or counting salvage or returnable materials for purchase
or redemption by them in retail stores, or, in the case of recycling
centers, on the retail store premises or on a parking lot immediately
adjacent to a retail store that is used for the purpose of parking
by the store customers, directly from and in the presence of the
seller. "Retailer" means an entity that derives 90 percent or more of
its income from the sale of small quantities of food or nonfood
items, or both, directly to consumers. "Salvage materials" means used
paper products and used containers made of aluminum, tin, glass, or
plastic.
   (  l  ) Any log scaler who performs log scaling
functions, except weighing, as defined in the United States Forest
Service Handbook, Supplement No. 4 of March 1987.
   (m) Pawnbrokers licensed pursuant to Chapter 3 (commencing with
Section 21300) of Division 8 of the Financial Code, and secondhand
dealers licensed pursuant to Article 4 (commencing with Section
21625) of Chapter 9 of Division 8, when  performing the
duties for which they are licensed.   the pawnbroker or
secondhand dealer weighs property that it acquires and reports the
acquisition of the property pursuant to Section 21208 of the
Financial Code or Article 4 (commencing with Section 21625) of
Chapter 9 of Division 8, respectively. 
   (n) This section shall become operative on January 1, 2017.
   SEC. 4.    Section 12703.1 of the   Business
and Professions Code   is amended 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) A statement indicating that the applicant has requested to
receive theft alert notifications pursuant to subdivision (a) of
Section 21608.7, unless that requirement does not apply pursuant to
subdivision (b) of that section.
   (5) 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 not apply to a pawnbroker licensed pursuant
to Chapter 3 (commencing with Section 21300) of Division 8 of the
Financial Code and a secondhand dealer licensed pursuant to Article 4
(commencing with Section 21625) of Chapter 9 of Division 8. 

   (e) 
    (   f) 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.