Senate File 2211

                                       SENATE FILE       
                                       BY  COMMITTEE ON AGRICULTURE

                                       (SUCCESSOR TO SSB 3133)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to technical requirements applicable to weights
  2    and measures, and providing an effective date and for
  3    retroactive applicability.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 6670SV 80
  6 da/sh/8

PAG LIN

  1  1    Section 1.  Section 215.18, Code 2003, is amended to read
  1  2 as follows:
  1  3    215.18  SPECIFICATIONS AND TOLERANCES.
  1  4    1.  The specifications, tolerances, and or other technical
  1  5 requirements for commercial, law enforcement, data gathering,
  1  6 and other weighing and measuring devices, as adopted by the
  1  7 national conference on weights and measures and published in
  1  8 the United States department of commerce national institute of
  1  9 standards and technology handbook 44, specifications,
  1 10 tolerances, and other technical requirements for weighing and
  1 11 measuring devices, shall apply to weighing and measuring
  1 12 devices in this state, except insofar as modified or rejected
  1 13 by rule and shall be observed in all inspections and tests.
  1 14    2.  The specifications, tolerances, or other technical
  1 15 requirements as adopted in handbook 44 or by rule that apply
  1 16 to the commercial weighing and measuring device on the date
  1 17 that the commercial weighing and measuring device is installed
  1 18 shall continue to apply to that commercial weighing and
  1 19 measuring device.  Any subsequently adopted specifications,
  1 20 tolerances, or other technical requirements shall not apply to
  1 21 the commercial weighing and measuring device until it is
  1 22 replaced.
  1 23    Sec. 2.  RETROACTIVE APPLICABILITY.  This section of this
  1 24 Act applies to a commercial weighing and measuring device
  1 25 installed on a date prior to the effective date of this Act.
  1 26 The specifications, tolerances, or other technical
  1 27 requirements applying to that commercial weighing and
  1 28 measuring device as provided by state law, including as
  1 29 provided in section 215.18, which applied to the commercial
  1 30 weighing and measuring device on the date that it was
  1 31 installed, shall continue to apply to the commercial weighing
  1 32 and measuring device.  Any subsequently adopted
  1 33 specifications, tolerances, or other technical requirements
  1 34 shall not apply to the commercial weighing and measuring
  1 35 device until it is replaced.
  2  1    Sec. 3.  EFFECTIVE DATE.  This Act, being deemed of
  2  2 immediate importance, takes effect upon enactment.
  2  3                           EXPLANATION
  2  4    Code section 215.18 provides that the state adopts
  2  5 requirements for commercial weighing and measuring devices as
  2  6 published by the United States department of commerce national
  2  7 institute of standards and technology handbook 44, unless
  2  8 departmental rule provides otherwise.
  2  9    This bill provides that when a commercial weighing and
  2 10 measuring device is installed, the requirements that applied
  2 11 to the device at that time continue to apply until it is
  2 12 replaced, regardless of any subsequently adopted requirements.
  2 13    The provision is made retroactively applicable.
  2 14    The bill takes effect upon enactment.
  2 15 LSB 6670SV 80
  2 16 da/sh/8