Text: HSB00220 Text: HSB00222 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 214.1, Code 2003, is amended by adding 1 2 the following new subsections: 1 3 NEW SUBSECTION. 0A. "Commercial device" means the same as 1 4 defined in section 215.26. 1 5 NEW SUBSECTION. 0B. "Liquid petroleum gas" means the same 1 6 as defined in section 215.26. 1 7 Sec. 2. Section 214.2, Code 2003, is amended to read as 1 8 follows: 1 9 214.2 LICENSE. 1 10 A person who uses or displays for use any commercial 1 11weighing and measuringdevice, as defined in section 215.26,1 12 shallsecure a license frombe licensed by the department. 1 13 The department may establish different classes of licenses 1 14 based on the type of commercial device used or displayed in 1 15 accordance with standards promulgated by the United States 1 16 national institute of standards and technology. 1 17 Sec. 3. Section 214.3, subsections 1 and 2, Code 2003, are 1 18 amended to read as follows: 1 19 1. a.The license for inspection ofExcept as provided in 1 20 paragraph "b", a license to use or display for use a 1 21 commercialweighing and measuringdeviceshall expireexpires 1 22 on December 31 of each year, and for a. 1 23 b. A license to use or display for use a retail motor 1 24vehiclefuelpumpmeter expires on June 30 of each year. The 1 25 amount of the fee due for each license shall be as provided in 1 26subsection 3, except that the fee for a motor vehicle fuel1 27pump shall be four dollars and fifty cents if paid within one1 28month from the date the license is duesection 214.3A. 1 29 2. The licenseinspectionfeeonfor a commercialweighing1 30and measuringdevice is due the day the device is placed into 1 31 service. A licenseinspectionfee shall be charged to the 1 32 person owning or operating a commercialweighing and measuring1 33 deviceinspected in accordance with the class or section for1 34devices as established by handbook 44 of the United States1 35national institute of standards and technologypursuant to 2 1 section 214.3A. 2 2 2A. An inspection fee on a commercial device shall be due 2 3 upon inspection of the commercial device. 2 4 2B. A person who is licensed pursuant to this chapter may 2 5 transfer the license to another person, according to rules 2 6 adopted by the department. 2 7 Sec. 4. Section 214.3, subsection 3, Code 2003, is amended 2 8 by striking the subsection. 2 9 Sec. 5. NEW SECTION. 214.3A LICENSE FEE SCHEDULE. 2 10 The department shall charge a fee for a license issued or 2 11 renewed pursuant to section 214.3 according to the following 2 12 schedule: 2 13 1. A license fee for each scale shall be charged as 2 14 follows: 2 15 a. Twelve dollars for a scale having a capacity of five 2 16 hundred pounds or less. 2 17 b. Twenty dollars for a scale having a capacity of more 2 18 than five hundred pounds but not more than five thousand 2 19 pounds. 2 20 c. Fifty-five dollars for a scale having a capacity of 2 21 more than five thousand pounds but not more than fifty 2 22 thousand pounds. 2 23 d. Ninety dollars for a scale having a capacity of more 2 24 than fifty thousand pounds but not more than one hundred 2 25 twenty thousand pounds. 2 26 e. One hundred ten dollars for a scale having a capacity 2 27 of more than one hundred twenty thousand pounds. 2 28 2. A license fee for each meter shall be charged as 2 29 follows: 2 30 a. Twenty-four dollars for a grain moisture meter. 2 31 b. Twelve dollars for a mass flow meter. 2 32 c. Twelve dollars for a retail motor fuel meter. 2 33 d. Seventeen dollars and fifty cents for a refined or bulk 2 34 meter. 2 35 e. Thirty-five dollars for a liquid petroleum gas meter. 3 1 3. A license fee for each retail scanner shall be twelve 3 2 dollars. 3 3 4. The fee for a transfer of a license to another person 3 4 shall not exceed fifteen dollars. 3 5 Sec. 6. NEW SECTION. 214.3B INSPECTION FEE RATES. 3 6 1. The department shall charge an inspection fee to 3 7 persons required to be licensed pursuant to section 214.2 for 3 8 the inspection of all of the following: 3 9 a. Livestock scales. 3 10 b. Hopper scales. 3 11 c. Monorail scales. 3 12 d. Mass flow meters. 3 13 e. Onboard weighing systems. 3 14 2. The inspection fee shall be in addition to the license 3 15 fee charged pursuant to section 214.3A. 3 16 3. The inspection fee shall be charged at a rate of 3 17 seventy-five dollars per hour of the inspection. The amount 3 18 of the fee shall be prorated for an inspection taking less 3 19 than an hour. 3 20 Sec. 7. Section 214.4, Code 2003, is amended to read as 3 21 follows: 3 22 214.4 TAGGING OF EQUIPMENT. 3 23 1. a. If the department does not receive payment of the 3 24 license feerequired pursuant to section 214.3within one 3 25 month from the due date as provided in section 214.3, the 3 26 department shall send a notice to the owner or operator of the 3 27 commercial device. The notice shall be delivered by certified 3 28 mail. The notice shall state all of the following: 3 29a.(1) The owner or operator is delinquent in the payment 3 30 of the required fee. 3 31b.(2) The owner or operator has fifteen days after 3 32 receipt of the notice to pay the license fee required pursuant 3 33 to section214.3214.3A. 3 34c.(3) If the department does not receive payment of the 3 35 license fee as required, the department may summarily tag and 4 1 remove from service the commercialweighing and measuring4 2 device. 4 32.b. If the license fee is not received by the department 4 4 within fifteen days after receipt of the notice by the owner 4 5 or operator of the commercialweighing and measuringdevice, 4 6 the department may tag and remove from service the device for 4 7 which the license fee has not been paid. 4 8 2. If an inspection fee is not paid by the department as 4 9 provided in section 214.3B, the department may tag and remove 4 10 from service the commercial device for which the inspection 4 11 fee has not been paid. 4 12 Sec. 8. Section 214.5, Code 2003, is amended to read as 4 13 follows: 4 14 214.5 INSPECTION STICKERS. 4 15ForUpon the department's inspection and approval of each 4 16 commercialweighing and measuringdevice licensed under 4 17 section 214.2, the department shall issue an inspection 4 18 sticker, which. The area of the inspection sticker shall not 4 19 exceedtwofour square inchesby two inches in size. The 4 20 inspection sticker shall be displayed prominently onthe front4 21ofthe commercialweighing and measuringdeviceand theas 4 22 required by the department. The defacing or wrongful removal 4 23 of the sticker shall be punished as provided in chapter 189. 4 24AbsenceThe absence of an inspection sticker on a device is 4 25 prima facie evidence that the commercialweighing and4 26measuringdevice is being operated contrary to law. 4 27 Sec. 9. Section 215.1, Code 2003, is amended to read as 4 28 follows: 4 29 215.1 DUTY TO INSPECT. 4 30 1. The department shall regularly inspect all commercial 4 31 weighing and measuring devices, and when. The department 4 32 shall inspect motor vehicle fuel pumps as provided in section 4 33 214.11. The department shall inspect grain moisture meters as 4 34 provided in section 215A.2. The department shall also 4 35 establish a program for the inspection of commercial scanners. 5 1 2. When a complaint is made to the department that any 5 2 false or incorrect weights or measures are being made about a 5 3 commercial weighing and measuring device, the department shall 5 4 inspect the commercial weighing and measuringdevicesdevice 5 5 which caused the complaint. The department shall inspect the 5 6 reliability of commercial scanners regulated by the department 5 7 upon complaint according to procedures established by the 5 8 department. 5 9 Sec. 10. Section 215.3, Code 2003, is amended to read as 5 10 follows: 5 11 215.3 PAYMENT BY PARTY COMPLAINING. 5 12 If an inspection is made upon the complaint of a person 5 13 other than the owner or operator ofthea commercialweighing5 14and measuringdevice, and upon examination the department 5 15 determines that the commercialweighing and measuringdevice 5 16 isfound by the department to beaccuratefor commercial5 17weighing and measuring, the inspection fee for such inspection 5 18 as provided by section 215.17A shall be paid by the person 5 19 making the complaint. 5 20 Sec. 11. Section 215.4, Code 2003, is amended to read as 5 21 follows: 5 22 215.4 TAG FOR INACCURATE COMMERCIAL DEVICE – REINSPECTION 5 23 – FEE. 5 24 A commercialweighing and measuringdevice found to be 5 25 inaccurate upon inspection by the department shall betagged5 26"condemned until repaired"rejected and the"licensedlicensed 5 27 for commercialuse"use inspection sticker shall be removed. 5 28 If notice is received by the department that the commercial 5 29 device has been repaired and upon reinspection the commercial 5 30 device is found to be accurate, thelicenseinspection fee 5 31 provided in section 215.17A shall not be charged for the 5 32 reinspection. However, a secondlicenseinspection fee shall 5 33 be charged if upon reinspection the commercial device is found 5 34 to be inaccurate. 5 35 Sec. 12. Section 215.5, Code 2003, is amended to read as 6 1 follows: 6 2 215.5 CONFISCATION OFSCALESDEVICES OR STANDARDS. 6 3 The department may seize without warrant and confiscate any 6 4 incorrectscales, weights, or measures, or any weighing6 5 standard, device, or related apparatusor part thereof which6 6dothat does not conform to the state standards oruponfor 6 7 whichthe licensea fee has not been paid as required in 6 8 section 215.17A. Ifany weighing or measuringthe department 6 9 determines that an apparatusor part thereof be foundis out 6 10 of order, thesameapparatus may be tagged by the department 6 11"Condemnedas condemned untilrepaired", whichrepaired. The 6 12 tag shall not be altered or removed untilsaidthe apparatus 6 13 is properly repaired. 6 14 Sec. 13. Section 215.12, Code 2003, is amended by striking 6 15 the section and inserting in lieu thereof the following: 6 16 215.12 BOND FOR SERVICE AGENCIES. 6 17 A service agency shall not engage in the work of 6 18 installing, servicing, or repairing a commercial device in 6 19 this state, unless the service agency files a bond with the 6 20 department in a manner provided by the department. The form 6 21 of the bond shall be the same as required by chapter 64. The 6 22 bond shall be conditioned upon a guarantee for quality and 6 23 faithful performance of the work and shall provide for 6 24 liquidated damages upon the failure to perform such work. The 6 25 department shall establish by rule the amount of the bond 6 26 based on the type of commercial devices being installed, 6 27 serviced, or repaired by the service agency. In general the 6 28 amount of the bond shall not exceed five thousand dollars 6 29 unless the work involves the installation, service, or repair 6 30 of major pit scales. In that case, the amount of the bond 6 31 shall not exceed thirty thousand dollars. On depositing the 6 32 bond with the department, the department shall provide the 6 33 service agency with a certificate authorizing the service 6 34 agency to engage in the work of installing, servicing, or 6 35 repairing commercial devices in this state. The certificate 7 1 shall be valid until revoked by the department. 7 2 Sec. 14. Section 215.14, Code 2003, is amended to read as 7 3 follows: 7 4 215.14 APPROVAL BY DEPARTMENT. 7 5 A commercialweighing and measuringdevice shall not be 7 6 installed in this state unless approved by the department. 7 7 All livestock scales and pit type scales, regardless of 7 8 capacity, installed on or after July 1, 1990, shall have a 7 9 clearance of not less than four feet from the finished floor 7 10 line of the scale to the bottom of the "I" beam of the scale 7 11 bridge. Livestock shall not be weighed on any scale other 7 12 than a livestock scale or pit type scale. An electronic 7 13 pitless scale shall be placed on concrete footings with a 7 14 concrete floor. After approval by the department, the 7 15 specifications for a commercialweighing and measuringdevice 7 16 shall be furnished to the purchaser of the commercial device 7 17 by the manufacturer. The approval shall be based upon the 7 18 recommendation of the United States national institute of 7 19 standards and technology. 7 20 Sec. 15. Section 215.17, Code 2003, is amended by striking 7 21 the section and inserting in lieu thereof the following: 7 22 215.17 TEST STANDARDS REQUIRED. 7 23 A service agency shall not engage in the work of 7 24 installing, servicing, or repairing a commercial device in 7 25 this state, unless the service agency uses test standards 7 26 sealed by the department in determining the effectiveness of 7 27 work. The standards shall be sealed as to their accuracy once 7 28 each year. However, a person shall not claim to be an 7 29 official inspector and shall not use the test standards except 7 30 to determine the accuracy of the service agency's work. The 7 31 service agency shall not be entitled to a fee for the 7 32 inspector's use of the test standards. 7 33 Sec. 16. NEW SECTION. 215.17A FEES. 7 34 1. The department shall charge an annual fee for the 7 35 issuance or renewal of a license required in section 215.23. 8 1 The amount of the fee shall not exceed fifteen dollars. 8 2 2. The department shall charge an inspection fee to a 8 3 service agency required to be licensed under section 215.23 8 4 for the inspection of test standards sealed by the department 8 5 pursuant to section 215.17. The inspection fee shall be 8 6 charged at a rate of seventy-five dollars per hour for each 8 7 inspection. However, a minimum of twenty-five dollars shall 8 8 be charged for each inspection. 8 9 Sec. 17. Section 215.23, Code 2003, is amended to read as 8 10 follows: 8 11 215.23 SERVICER'S LICENSE. 8 12 A person who is a service agency or a servicer shall not do 8 13 business in this state, unless the person possesses a current 8 14 license issued by the department. A servicer shall not 8 15 install, service, or repair a commercial weighing or measuring 8 16 device until the servicer has demonstrated that the servicer 8 17 has available adequate testing equipment, and that the 8 18 servicer possesses a working knowledge of all devices the 8 19 servicer intends to install, service, or repair and of all 8 20 appropriate weights, measures, statutes, and rules, as 8 21 evidenced by passing a qualifying examination to be conducted 8 22 by the departmentand obtaining a license. The secretary of8 23agriculturedepartment shall establish by rule pursuant to 8 24 chapter 17A, requirements for and contents of the examination. 8 25 In determining these qualifications, thesecretarydepartment 8 26 shall consider the specifications of the United States 8 27 national institute of standards and technology, handbook 8 28 forty-four, "Specifications, tolerances, and technical8 29requirements for commercial weighing and measuring devices",8 30or the current successor or equivalent specifications adopted8 31by the United States national institute of standards and8 32technology.The secretary shall require an annualThe 8 33 department shall charge a license fee of not more thanfive8 34 fifteen dollars for eachlicenseservice agency and fifteen 8 35 dollars for each servicer. Each license shall expireone year9 1from date of issuanceon December 31 of each year. 9 2 Sec. 18. Section 215.26, Code 2003, is amended by adding 9 3 the following new subsections: 9 4 NEW SUBSECTION. 0A. "Commercial device" means a 9 5 commercial weighing and measuring device or a commercial 9 6 scanner. 9 7 NEW SUBSECTION. 0B. "Commercial scanner" means an 9 8 electronic system that employs a laser bar code reader to 9 9 retrieve information about a product including but not limited 9 10 to product identity and price stored in computer memory. 9 11 Sec. 19. Section 215A.9, Code 2003, is amended to read as 9 12 follows: 9 13 215A.9 INSPECTION FEE. 9 14 The department shall charge, assess, andcause to be9 15collected at the time of inspectioncollect an inspection fee 9 16in accordance with the fee schedule establishedpursuant to 9 17section 214.3, subsection 3chapter 214. 9 18A fee of fifteen dollars shall be charged for each device9 19subject to reinspection under section 215A.5.All moneys 9 20 received by the department under the provisions of this 9 21 chapter shall be handled in the same manner as "repayment 9 22 receipts" as defined in chapter 8, and shall be used for the 9 23 administration and enforcement of the provisions of this 9 24 chapter. 9 25 Sec. 20. CODE EDITOR AUTHORITY. The Code editor may 9 26 transfer section 215.26 to the beginning of chapter 215. 9 27 Sec. 21. Sections 215.2 and 215.11, Code 2003, are 9 28 repealed. 9 29 EXPLANATION 9 30 This bill amends two closely related Code chapters, 214 and 9 31 215. The two chapters regulate commercial weighing and 9 32 measuring devices such as scales and meters, and also the 9 33 inspection of weights and measures, by the department of 9 34 agriculture and land stewardship. In general, Code chapter 9 35 214 regulates devices and Code chapter 215 regulates service 10 1 agencies engaged in the business of installing, servicing, or 10 2 repairing these devices. However, the Code chapters contain a 10 3 certain amount of overlapping provisions. 10 4 The bill defines the term "commercial device" to mean 10 5 traditional commercial weighing and measuring devices and also 10 6 includes commercial scanners used to read product information. 10 7 The bill requires the department to establish a program for 10 8 the inspection of commercial scanners. The bill amends 10 9 provisions in both Code chapters to change references from 10 10 "commercial weighing and measuring device" to "commercial 10 11 device", which expands the scope of the department's authority 10 12 to regulate scanners. 10 13 Many of the provisions in the two Code chapters amended 10 14 relate to licensure and inspection requirements. The bill 10 15 amends both Code chapters to increase the fees charged for 10 16 both issuing and renewing licenses and for performing 10 17 inspections. Under the bill, licensees under both Code 10 18 chapters must pay a fee for a license. Under Code chapter 10 19 214, the license fee is generally based on the size or 10 20 specialty of the commercial device. Under Code chapter 215, 10 21 the license fee is flat. The bill also amends both Code 10 22 chapters to provide for an inspection fee based on an hourly 10 23 rate. 10 24 The bill also amends provisions in Code section 215.12 by 10 25 increasing the bond amount required to be posted by service 10 26 agencies engaged in the work of installing, servicing, or 10 27 repairing a commercial device. The amount of the bond differs 10 28 depending upon the type of work performed by the service 10 29 agency. The bill also amends provisions regulating test 10 30 standards required to be used by service agencies, and related 10 31 inspection requirements. 10 32 The bill eliminates a section which provides for the 10 33 display of information relating to the weight of articles. 10 34 Finally, the bill makes a number of changes in order to 10 35 enhance the readability of its provisions. 11 1 In general, a person violating the provisions of either 11 2 Code chapter is guilty of a simple misdemeanor. A simple 11 3 misdemeanor is punishable by confinement for no more than 30 11 4 days or a fine of at least $50 but not more than $500, or by 11 5 both. 11 6 LSB 1229DP 80 11 7 da/pj/5
Text: HSB00220 Text: HSB00222 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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