Senate File 2269 - Introduced
SENATE FILE
BY COMMITTEE ON AGRICULTURE
(SUCCESSOR TO SSB 3075)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to devices used for weighing and measuring, by
2 providing for the regulation of the devices, motor fuel, and
3 persons who service the devices, and providing for fees and
4 penalties.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 5436SV 81
7 da/gg/14
PAG LIN
1 1 Section 1. Section 214.1, Code 2005, is amended to read as
1 2 follows:
1 3 214.1 DEFINITIONS.
1 4 For the purpose of this chapter:
1 5 1. "Commercial scale" means the same as defined in section
1 6 215.26.
1 7 2. "Commercial weighing and measuring device" or "device"
1 8 means the same as defined in section 215.26.
1 9 1. 3. "Motor vehicle fuel" means a substance or
1 10 combination of substances which is intended to be or is
1 11 capable of being used for the purpose of propelling or running
1 12 by combustion any internal combustion engine and is kept for
1 13 sale or sold for that purpose a substance or combination of
1 14 substances which is intended to be or is capable of being used
1 15 for the purpose of operating an internal combustion engine,
1 16 including but not limited to a motor vehicle, and is kept for
1 17 sale or sold for that purpose.
1 18 2. 4. "Motor vehicle fuel pump" means a stationary pump,
1 19 meter, or similar weighing and measuring device which is used
1 20 for measuring retail to measure motor vehicle fuel.
1 21 3. "Public scale" shall mean any scale or weighing device
1 22 for the use of which a charge is made or compensation is
1 23 derived.
1 24 5. "Retail dealer" means the same as defined in section
1 25 214A.1.
1 26 6. "Wholesale dealer" means the same as defined in section
1 27 214A.1.
1 28 Sec. 2. Section 214.2, Code 2005, is amended to read as
1 29 follows:
1 30 214.2 LICENSE.
1 31 A person who uses or displays for use any a commercial
1 32 weighing and measuring device, as defined in section 215.26,
1 33 shall secure obtain a license from the department.
1 34 Sec. 3. Section 214.3, subsection 1, Code 2005, is amended
1 35 to read as follows:
2 1 1. The A license for the inspection of a commercial
2 2 weighing and measuring device other than for a motor fuel pump
2 3 meter shall expire on December 31 of each year, and. A
2 4 license for the inspection of a motor vehicle fuel pump meter
2 5 shall expire on June 30 of each year. The amount of the fee
2 6 due for each license shall be as provided in subsection 3,
2 7 except that the fee for a motor vehicle fuel pump shall be
2 8 four dollars and fifty cents if paid within one month from the
2 9 date the license is due. A person shall apply to the
2 10 department to be issued a license or to renew a license as
2 11 provided by the department. The person shall pay the
2 12 department a license fee as provided in section 214.3A.
2 13 Sec. 4. Section 214.3, subsection 3, Code 2005, is amended
2 14 by striking the subsection.
2 15 Sec. 5. NEW SECTION. 214.3A LICENSE FEE SCHEDULE.
2 16 The department shall charge a fee for a license that it
2 17 issues or renews pursuant to section 214.3. The fee shall be
2 18 submitted with the license application. The amount of the fee
2 19 is as follows:
2 20 1. For commercial scales, the fee shall be based on its
2 21 capacity as follows:
2 22 a. Five hundred pounds or less, nine dollars.
2 23 b. More than five hundred pounds but not more than five
2 24 thousand pounds, sixteen dollars and fifty cents.
2 25 c. More than five thousand pounds but not more than fifty
2 26 thousand pounds, forty=six dollars and fifty cents.
2 27 d. More than fifty thousand pounds but not more than one
2 28 hundred twenty thousand pounds, eighty=four dollars.
2 29 e. More than one hundred twenty thousand pounds, one
2 30 hundred six dollars and fifty cents.
2 31 2. For meters, the fee shall be based on the type of meter
2 32 as follows:
2 33 a. A motor fuel pump which is used by a retail dealer,
2 34 four dollars and fifty cents if the fee is paid before August
2 35 1 after the date that license expires as provided in section
3 1 214.3. The fee shall be nine dollars if the fee is paid on or
3 2 after August 1.
3 3 b. A mass bulk meter, nine dollars.
3 4 c. A refined or bulk meter, nine dollars.
3 5 d. A stationary bulk fuel meter, nine dollars.
3 6 e. A stationary liquid petroleum gas meter, nine dollars.
3 7 f. A moisture meter, twenty=four dollars.
3 8 g. A liquid petroleum bulk truck meter, fifty=two dollars
3 9 and fifty cents.
3 10 Sec. 6. Section 214.4, subsection 1, unnumbered paragraph
3 11 1, Code 2005, is amended to read as follows:
3 12 If the department does not receive payment of the license
3 13 fee required pursuant to section 214.3 214.3A within one month
3 14 from the due date, the department shall send a notice to the
3 15 owner or operator of the device. The notice shall be
3 16 delivered by certified mail. The notice shall state all of
3 17 the following:
3 18 Sec. 7. Section 214.4, subsection 1, paragraph b, Code
3 19 2005, is amended to read as follows:
3 20 b. The owner or operator has fifteen days after receipt of
3 21 the notice to pay the license fee required pursuant to section
3 22 214.3.
3 23 Sec. 8. Section 214.5, Code 2005, is amended to read as
3 24 follows:
3 25 214.5 INSPECTION STICKERS.
3 26 1. For each If the department licenses a commercial
3 27 weighing and measuring device licensed pursuant to section
3 28 214.2, the department shall also issue an inspection sticker,
3 29 which upon its inspection and approval of the device.
3 30 2. The inspection sticker shall not exceed two inches by
3 31 two inches in size. The inspection sticker shall be displayed
3 32 prominently on the front of the commercial weighing and
3 33 measuring device. and the defacing or wrongful removal of the
3 34 3. A person shall not deface or wrongfully remove an
3 35 inspection sticker shall be punished as provided in chapter
4 1 189.
4 2 4. Absence The absence of an inspection sticker on a
4 3 commercial weighing and measuring device is prima facie
4 4 evidence that the commercial weighing and measuring device is
4 5 being operated contrary to law.
4 6 Sec. 9. Section 214.6, Code 2005, is amended to read as
4 7 follows:
4 8 214.6 OATH OF WEIGHMASTERS.
4 9 All persons keeping public scales A person who keeps a
4 10 commercial scale, before entering upon their engaging in the
4 11 person's duties as weighmasters a weighmaster, shall be sworn
4 12 before some a person having authority to administer oaths, to.
4 13 The person who takes the oath shall swear to keep their the
4 14 person's scales correctly balanced, to make true weights, and
4 15 to render a correct account to the person having who requests
4 16 that a weighing done be performed.
4 17 Sec. 10. Section 214.8, Code 2005, is amended to read as
4 18 follows:
4 19 214.8 PENALTY PENALTIES == LIABILITY FOR DAMAGES.
4 20 1. Any weighmaster violating any of the provisions of
4 21 sections 214.6 and 214.7, shall be Except as provided in
4 22 subsection 2, a person who violates a provision of this
4 23 chapter is guilty of a simple misdemeanor, and be. Each day
4 24 that a continuing violation occurs shall be considered a
4 25 separate offense.
4 26 2. The state may proceed against a person who violates
4 27 this chapter by initiating an alternative civil enforcement
4 28 action in lieu of a prosecution. The alternative civil
4 29 enforcement action may be brought against the person as a
4 30 contested case proceeding by the department under chapter 17A
4 31 or as a civil judicial proceeding by the attorney general upon
4 32 referral by the department. The department may impose,
4 33 assess, and collect the civil penalty. The civil penalty
4 34 shall be for at least one hundred dollars but not more than
4 35 one thousand dollars for each violation. Each day that a
5 1 continuing violation occurs shall be considered a separate
5 2 offense.
5 3 a. Except as provided in paragraph "b", the state is
5 4 precluded from prosecuting a violation pursuant to subsection
5 5 1, if the state is a party in the alternative civil
5 6 enforcement action, the department has made a final decision
5 7 in the contested case proceeding, or a court has entered a
5 8 final judgment.
5 9 b. If a party to an alternative civil enforcement action
5 10 fails to pay the civil penalty to the department within thirty
5 11 days after the party has exhausted the party's administrative
5 12 remedies and the party has not sought judicial review in
5 13 accordance with section 17A.19, the department may order that
5 14 its final decision be vacated. When the department's final
5 15 decision is vacated, the state may initiate a criminal
5 16 prosecution, but shall be precluded from bringing an
5 17 alternative civil enforcement action. If a party to an
5 18 alternative civil enforcement action fails to pay the civil
5 19 penalty within thirty days after a court has entered a final
5 20 judgment, the department may request that the attorney general
5 21 petition the court to vacate its final judgment. When the
5 22 court's judgment has been vacated, the state may initiate a
5 23 criminal prosecution, but shall be precluded from bringing an
5 24 alternative civil enforcement action.
5 25 3. A person who violates a provision of this chapter is
5 26 liable to the a person who is injured as a result of the
5 27 violation for all damages sustained.
5 28 Sec. 11. Section 214.9, Code 2005, is amended to read as
5 29 follows:
5 30 214.9 SELF=SERVICE MOTOR VEHICLE FUEL PUMPS.
5 31 Self=service A self=service motor vehicle fuel pumps pump
5 32 located at a motor vehicle fuel stations station may be
5 33 equipped with an automatic latch=open devices device on the
5 34 fuel dispensing hose nozzle only if the nozzle valve is the
5 35 automatic closing type.
6 1 Sec. 12. Section 214.10, Code 2005, is amended to read as
6 2 follows:
6 3 214.10 RULES.
6 4 The department of agriculture and land stewardship may
6 5 promulgate adopt rules pursuant to chapter 17A as necessary to
6 6 promptly and effectively enforce the provisions of this
6 7 chapter.
6 8 Sec. 13. Section 214.11, Code 2005, is amended to read as
6 9 follows:
6 10 214.11 INSPECTIONS == RECALIBRATIONS == PENALTY.
6 11 The department of agriculture and land stewardship shall
6 12 provide for an annual inspections inspection of all each motor
6 13 vehicle fuel pumps pump which is licensed under this chapter.
6 14 Inspections The inspection shall be for the purpose of
6 15 determining determine the accuracy of the pumps' measuring
6 16 mechanisms, and for such purpose the department's inspectors
6 17 meter and the correctness of associated equipment. In order
6 18 to carry out an inspection, the department may enter upon the
6 19 premises of any a wholesale dealer or retail dealer, as they
6 20 are defined in section 214A.1, of motor vehicle fuel or a
6 21 person selling or offering to sell fuel oil within this state.
6 22 Upon completion of an inspection, the inspector shall affix
6 23 the department's seal to the measuring mechanism of the motor
6 24 fuel pump. The seal shall be appropriately marked, dated, and
6 25 recorded by the inspector. If the owner of an inspected and
6 26 sealed motor fuel pump is registered with the department as a
6 27 servicer in accordance with section 215.23, or employs a
6 28 person so registered as a servicer, the owner or other
6 29 servicer may open the motor pump pump's dispenser, break the
6 30 department's seal, recalibrate the measuring mechanism if
6 31 necessary, and reseal the motor fuel pump as long as, if the
6 32 department is notified of the recalibration within forty=
6 33 eight hours, on a form provided by the department. A person
6 34 violating a provision of this section is, upon conviction,
6 35 guilty of a simple misdemeanor.
7 1 Sec. 14. Section 215.1, Code 2005, is amended to read as
7 2 follows:
7 3 215.1 DUTY TO INSPECT.
7 4 The department shall regularly inspect all commercial
7 5 weighing and measuring devices, and when complaint is made to
7 6 the department that any false or incorrect weights weight or
7 7 measures are measure is being made, the department shall
7 8 inspect the commercial weighing and measuring devices which
7 9 caused the complaint. The department may also inspect the
7 10 reliability of a commercial scanner to determine its accuracy.
7 11 The department may conduct a random inspection of prepacked
7 12 goods to determine whether the goods' weight is recorded
7 13 accurately.
7 14 Sec. 15. Section 215.2, Code 2005, is amended to read as
7 15 follows:
7 16 215.2 SPECIAL INSPECTION REQUEST == FEES.
7 17 The fee for a special tests test, including but not limited
7 18 to, using state inspection equipment, for the calibration,
7 19 testing, certification, or repair of a commercial weighing and
7 20 measuring device shall be paid by the servicer or person
7 21 requesting the special test in accordance with the following
7 22 schedule. The amount of the inspection fee shall be as
7 23 follows:
7 24 1. Class S, scales For a commercial scale, seventy=five
7 25 dollars per hour.
7 26 2. Class M, meters For a meter, fifty=two dollars and
7 27 fifty cents per hour.
7 28 Sec. 16. Section 215.4, Code 2005, is amended to read as
7 29 follows:
7 30 215.4 TAG FOR INACCURATE DEVICE == REINSPECTION == FEE.
7 31 A commercial weighing and measuring device found to be
7 32 inaccurate upon inspection by the department shall be tagged
7 33 "condemned rejected until repaired" repaired and the "licensed
7 34 for commercial use" inspection sticker shall be removed. If
7 35 notice is received by the department that the device has been
8 1 repaired and upon reinspection the device is found to be
8 2 accurate, the license fee shall not be charged for the
8 3 reinspection. However, a second license fee shall be charged
8 4 if upon reinspection the device is found to be inaccurate. If
8 5 at a third reinspection the device is found to be inaccurate,
8 6 the license fee shall be charged and the device shall be
8 7 tagged "condemned" and removed from service.
8 8 Sec. 17. Section 215.9, Code 2005, is amended to read as
8 9 follows:
8 10 215.9 POWER OF CITIES LIMITED.
8 11 Commodities A city ordinance shall not require that a
8 12 commodity be weighed upon any scale bearing the inspection
8 13 card, issued by or measured if the commodity is weighed or
8 14 measured by a commercial weighing and measuring device
8 15 licensed by the department, shall not be required to be
8 16 reweighed by any ordinance of any city, nor shall their. A
8 17 city ordinance shall not restrict the sale, of a commodity at
8 18 the weights so a weight or measure ascertained, and because
8 19 thereof, be, by such ordinance, prohibited or restricted by a
8 20 commercial weighing and measuring device licensed by the
8 21 department.
8 22 Sec. 18. Section 215.10, Code 2005, is amended to read as
8 23 follows:
8 24 215.10 INSTALLATION OF NEW SCALES.
8 25 1. It shall be unlawful to A person shall not install a
8 26 commercial scale, used for commercial purposes in this state,
8 27 unless the commercial scale is so installed that it is easily
8 28 accessible for inspection and testing by equipment of the
8 29 department, and with due regard to the scale's size and
8 30 capacity. The installation shall be made consistent with the
8 31 requirements of section 215.18 and rules adopted by the
8 32 department.
8 33 2. Every A commercial scale manufacturer or dealer shall,
8 34 upon selling a commercial scale of the above types in Iowa,
8 35 submit to the department upon forms provided by the
9 1 department, the make, capacity of the scale, the date of sale,
9 2 and the date and location of its installation.
9 3 Sec. 19. Section 215.15, Code 2005, is amended to read as
9 4 follows:
9 5 215.15 SCALE PIT.
9 6 Scale A scale pit shall have be installed to ensure that
9 7 there is proper room for an inspector or service person to
9 8 repair or inspect the scale. Scale The installation shall be
9 9 made consistent with the requirements of section 215.18 and
9 10 rules adopted by the department. The scale pit shall remain
9 11 dry at all times and adequate drainage shall be provided for
9 12 the purpose of inspecting and cleaning.
9 13 Sec. 20. Section 215.17, Code 2005, is amended to read as
9 14 follows:
9 15 215.17 TEST WEIGHTS TO BE USED.
9 16 1. A person engaged in scale repair work for hire shall
9 17 use only test weights sealed by the department in determining
9 18 the effectiveness of repair work and the test weights shall be
9 19 sealed as to their accuracy once each year. However, a person
9 20 shall not claim to be an official scale inspector and shall
9 21 not use the test weights except to determine the accuracy of
9 22 scale repair work done by the person and the person shall not
9 23 be entitled to a fee for their use.
9 24 2. A fee shall be charged and collected The department
9 25 shall impose and collect fees at the time of inspection for
9 26 the inspection of such weights as follows:
9 27 a. A laboratory fee of seventy=five dollars per hour.
9 28 b. A service fee which shall be as follows:
9 29 (1) All weights up to and including 25
9 30 pounds............................................. $ 1.10 each
9 31 (2) Over twenty=five pounds capacity,
9 32 up to and including 50 pounds...................... 2.25 each
9 33 (3) Over 50 pounds capacity, up to and
9 34 including 100 pounds............................... 3.00 each
9 35 (4) Over 100 pounds capacity, up to
10 1 and including 500 pounds........................... 4.50 each
10 2 (5) Over 500 pounds capacity, up to
10 3 and including 1,000 pounds......................... 7.50 each
10 4 (6) The fee for all tank calibrations shall be as follows:
10 5 (a) 100 gallons up to and including
10 6 300 gallons ............................................ $ 4.50
10 7 (b) 301 gallons up to and including
10 8 500 gallons ............................................ 7.50
10 9 (c) 501 gallons up to and including
10 10 1,000 gallons .......................................... 11.25
10 11 (d) 1,001 gallons up to and including
10 12 2,000 gallons .......................................... 15.00
10 13 (e) 2,001 gallons up to and including
10 14 3,000 gallons .......................................... 18.00
10 15 (f) 3,001 gallons up to and including
10 16 4,000 gallons .......................................... 21.00
10 17 (g) 4,001 gallons up to and including
10 18 5,000 gallons .......................................... 24.00
10 19 (h) 5,001 gallons up to and including
10 20 6,000 gallons .......................................... 27.00
10 21 (i) 6,001 gallons up to and including
10 22 7,000 gallons .......................................... 30.00
10 23 (j) 7,001 gallons and up ........................... 37.50
10 24 3. Calibration shall not be required of for a tank which
10 25 is not used for the purpose of measuring, or which is equipped
10 26 with a meter, and vehicle tanks loaded from meters and
10 27 carrying a printed ticket showing gallonage shall not be
10 28 required to be calibrated.
10 29 4. The department shall deposit moneys collected in fees
10 30 which are imposed under this section into the metrology fund
10 31 created in section 215.17A.
10 32 Sec. 21. NEW SECTION. 215.17A METROLOGY FUND.
10 33 1. A metrology fund is created in the state treasury under
10 34 the control of the department. The fund is composed of moneys
10 35 collected in fees required to be paid to the department
11 1 pursuant to section 215.17. The fund may also include moneys
11 2 appropriated by the general assembly and moneys available to
11 3 and obtained or accepted by the department from the United
11 4 States or private sources for placement in the fund.
11 5 2. Moneys in the fund are subject to an annual audit by
11 6 the auditor of state. The metrology fund is subject to
11 7 warrants written by the director of the department of
11 8 administrative services, drawn upon the written requisition of
11 9 the department.
11 10 3. Moneys in the fund are appropriated exclusively to the
11 11 department for the exclusive purpose of maintaining,
11 12 replacing, and upgrading equipment used in the department's
11 13 metrology laboratory.
11 14 4. The department may adopt rules pursuant to chapter 17A
11 15 which are necessary to administer this section.
11 16 5. Section 8.33 shall not apply to moneys in the fund.
11 17 Notwithstanding section 12C.7, moneys earned as income or
11 18 interest from the fund shall remain in the fund until expended
11 19 as provided in this section.
11 20 Sec. 22. Section 215.26, Code 2005, is amended by adding
11 21 the following new subsections:
11 22 NEW SUBSECTION. 0A. "Commercial scale" means a weighing
11 23 and measuring device which is used to determine the mass of a
11 24 body by using the effect of gravity on that body, if the
11 25 device is in the possession of a person who uses the device as
11 26 part of a business.
11 27 NEW SUBSECTION. 0B. "Commercial scanner" means an
11 28 electronic system that uses a laser bar code reader to
11 29 retrieve product identity, price, or other information stored
11 30 in the memory of a computer as defined in section 22.3A.
11 31 Sec. 23. Section 215.26, subsection 1, Code 2005, is
11 32 amended to read as follows:
11 33 1. "Commercial weighing and measuring device" or "device"
11 34 means a weight or measure or weighing or measuring device used
11 35 to establish size, quantity, area or other quantitative
12 1 measurement of a commodity sold by weight or measurement, or
12 2 where the price to be paid for producing the commodity is
12 3 based upon the weight or measurement of the commodity. The
12 4 term includes an accessory attached to or used in connection
12 5 with a commercial weighing or measuring device when the
12 6 accessory is so designed or installed that its operation may
12 7 affect the accuracy of the device. Commercial weighing and
12 8 measuring device includes a public commercial scale as defined
12 9 under section 214.1.
12 10 Sec. 24. NEW SECTION. 215.27 PENALTIES.
12 11 1. Except as provided in subsection 2, a person who
12 12 violates a provision of this chapter commits a simple
12 13 misdemeanor. Each day that a continuing violation occurs
12 14 shall be considered a separate offense.
12 15 2. The state may proceed against a person who violates
12 16 this chapter by initiating an alternative civil enforcement
12 17 action in lieu of a prosecution. The alternative civil
12 18 enforcement action may be brought against the person as a
12 19 contested case proceeding by the department under chapter 17A
12 20 or as a civil judicial proceeding by the attorney general upon
12 21 referral by the department. The department may impose,
12 22 assess, and collect the civil penalty. The civil penalty
12 23 shall be for at least one hundred dollars but not more than
12 24 one thousand dollars for each violation. Each day that a
12 25 continuing violation occurs shall be considered a separate
12 26 offense.
12 27 a. Except as provided in paragraph "b", the state is
12 28 precluded from prosecuting a violation pursuant to subsection
12 29 1, if the state is a party in the alternative civil
12 30 enforcement action, the department has made a final decision
12 31 in the contested case proceeding, or a court has entered a
12 32 final judgment.
12 33 b. If a party to an alternative civil enforcement action
12 34 fails to pay the civil penalty to the department within thirty
12 35 days after the party has exhausted the party's administrative
13 1 remedies and the party has not sought judicial review in
13 2 accordance with section 17A.19, the department may order that
13 3 its final decision be vacated. When the department's final
13 4 decision is vacated, the state may initiate a criminal
13 5 prosecution, but shall be precluded from bringing an
13 6 alternative civil enforcement action. If a party to an
13 7 alternative civil enforcement action fails to pay the civil
13 8 penalty within thirty days after a court has entered a final
13 9 judgment, the department may request that the attorney general
13 10 petition the court to vacate its final judgment. When the
13 11 court's judgment has been vacated, the state may initiate a
13 12 criminal prosecution, but shall be precluded from bringing an
13 13 alternative civil enforcement action.
13 14 Sec. 25. Section 215A.10, Code 2005, is amended to read as
13 15 follows:
13 16 215A.10 PENALTY.
13 17 1. Every Except as provided in subsection 2, a person who
13 18 uses or causes to be used a moisture=measuring device in
13 19 commerce with knowledge that such the moisture=measuring
13 20 device has not been inspected and approved by the department
13 21 in accordance with the provisions of as provided in this
13 22 chapter shall be is guilty of a simple misdemeanor.
13 23 2. The state may proceed against a person who violates
13 24 this chapter by initiating an alternative civil enforcement
13 25 action in lieu of a prosecution. The alternative civil
13 26 enforcement action may be brought against the person as a
13 27 contested case proceeding by the department under chapter 17A
13 28 or as a civil judicial proceeding by the attorney general upon
13 29 referral by the department. The department may impose,
13 30 assess, and collect the civil penalty. The civil penalty
13 31 shall be for at least one hundred dollars but not more than
13 32 one thousand dollars for each violation. Each day that a
13 33 continuing violation occurs shall be considered a separate
13 34 offense.
13 35 a. Except as provided in paragraph "b", the state is
14 1 precluded from prosecuting a violation pursuant to subsection
14 2 1, if the state is a party in the alternative civil
14 3 enforcement action, the department has made a final decision
14 4 in the contested case proceeding, or a court has entered a
14 5 final judgment.
14 6 b. If a party to an alternative civil enforcement action
14 7 fails to pay the civil penalty to the department within thirty
14 8 days after the party has exhausted the party's administrative
14 9 remedies and the party has not sought judicial review in
14 10 accordance with section 17A.19, the department may order that
14 11 its final decision be vacated. When the department's final
14 12 decision is vacated, the state may initiate a criminal
14 13 prosecution, but shall be precluded from bringing an
14 14 alternative civil enforcement action. If a party to an
14 15 alternative civil enforcement action fails to pay the civil
14 16 penalty within thirty days after a court has entered a final
14 17 judgment, the department may request that the attorney general
14 18 petition the court to vacate its final judgment. When the
14 19 court's judgment has been vacated, the state may initiate a
14 20 criminal prosecution, but shall be precluded from bringing an
14 21 alternative civil enforcement action.
14 22 Sec. 26. NAME CHANGE. Sections 214A.16 and 422.11C, Code
14 23 2005, are amended by striking the words "motor vehicle fuel
14 24 pump" or "motor vehicle fuel pumps" and inserting the
14 25 following: "motor fuel pump" or "motor fuel pumps".
14 26 Sec. 27. CODE EDITOR DIRECTIVE. The Code editor shall
14 27 transfer section 215.26 to the beginning of chapter 215.
14 28 Sec. 28. Section 214A.12, Code 2005, is repealed.
14 29 EXPLANATION
14 30 This bill amends Code chapters 214, 215, and 215A, which
14 31 regulate commercial weighing and measuring devices such as
14 32 scales and meters, and also provide for the inspection of
14 33 weights and measures, by the department of agriculture and
14 34 land stewardship. In general, Code chapters 214 and 215A
14 35 regulate devices and Code chapter 215 regulates service
15 1 agencies engaged in the business of installing, servicing, or
15 2 repairing these devices. There are references to Code chapter
15 3 214A, which regulates motor vehicle fuel. The Code chapters
15 4 contain some overlapping provisions.
15 5 The bill changes the names of terms used in the Code
15 6 chapters. It changes the term "motor vehicle fuel pump" to
15 7 "motor fuel pump" and "public scale" to "commercial scale".
15 8 The bill defines these terms and makes the use of terms
15 9 consistent throughout all three Code chapters. It also
15 10 rewrites language in the chapters for consistency and
15 11 readability.
15 12 Many of the provisions in Code chapters 214, 215, and 215A
15 13 relate to licensure and inspection requirements. The bill
15 14 rewrites a provision in Code chapter 214 which provides for
15 15 fees charged for both issuing and renewing a license. Under
15 16 Code section 214.3, the license fee is generally based on the
15 17 capacity of the device or the type of device in service. The
15 18 bill eliminates a number of names for specific scales (counter
15 19 scales, portable platform scales, livestock monorail scales,
15 20 single animal scales, grain test scales, and precious metal
15 21 and gems scales). It amends provisions in Code section 215.17
15 22 to establish an hourly laboratory fee. It also provides that
15 23 all inspection fees enumerated in that section must be
15 24 deposited into a trust fund under the control of the
15 25 department for its use in maintaining, replacing, and
15 26 upgrading equipment used in the metrology laboratory.
15 27 The bill includes special penalty provisions in each of the
15 28 Code chapters. These chapters are codified in Title V,
15 29 subtitle 4, of the Code. Code section 189.21 provides a
15 30 general penalty for a violation of a provision in the
15 31 subtitle. The penalty is a simple misdemeanor. Code sections
15 32 214.8 and 214A.11 have duplicative penalty provisions. A
15 33 simple misdemeanor is punishable by confinement for no more
15 34 than 30 days or a fine of at least $50 but not more than $500
15 35 or by both. The bill provides that the state may proceed
16 1 against a person who violates a provision in one of these
16 2 chapters by initiating an alternative civil enforcement action
16 3 in lieu of a criminal prosecution. The amount of the civil
16 4 penalty ranges from $100 to $1,000. An alternative civil
16 5 enforcement action may be brought as a contested case
16 6 proceeding within the department under the Iowa administrative
16 7 procedure Act (Code chapter 17A) or as a court case by the
16 8 attorney general. If the state brings an alternative civil
16 9 enforcement action, it is precluded from bringing a criminal
16 10 prosecution. There is one exception. If the party found in
16 11 violation of the law fails to pay the civil penalty to the
16 12 department within a 30=day period, the department may take
16 13 steps to vacate the administrative order or court judgment
16 14 which imposed the civil penalty and the state may initiate the
16 15 criminal prosecution, but is precluded from bringing a new
16 16 alternative civil enforcement action.
16 17 LSB 5436SV 81
16 18 da:nh/gg/14