H. B. 2529


(By Delegates Fragale and Prunty)

[Introduced February 16, 1995; referred to the

Committee on Government Organization then Finance.]





A BILL to amend and reenact sections eight, twenty and twenty-one, article one, chapter forty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the regulation of trade; the voluntary registration of weights and measures service agencies and service persons; weights and measures calibration services provided by the state; registration of weights and measuring devices; and the associated fees therefor.

Be it enacted by the Legislature of West Virginia:
That sections eight, twenty and twenty-one, article one, chapter forty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 1. WEIGHTS AND MEASURES.
§47-1-8. Requirements for the registration of service persons and service agencies for commercial weighing and measuring devices.

The uniform regulation for the voluntary registration of service persons and service agencies for commercial weighing and measuring devices as adopted by the national conference of weights and measures and published in national institute of standards and technology handbook 130, "Uniform Laws and Regulations" and supplements thereto or revisions thereof, shall apply to the registration of service persons and service agencies in the state, except insofar as modified or rejected by legislative rule.
The commissioner shall charge fees for service person and service agency registration of fifteen dollars annually for each service person and thirty dollars annually for each service agency. All fees collected by the commissioner pursuant to this section shall be deposited into a special revenue account to be known as the "Weights and Measures Fund" which the commissioner is authorized to use for enforcement of the provisions for this article. The account shall be without legislative appropriation until the last day of June, one thousand nine hundred ninety-six, after which all expenditures from the account shall be subject to legislative appropriation.
§47-1-20. State measurement laboratory.

The commissioner shall operate and maintain a state measurement laboratory certified and approved by the national institute of standards and technology. The laboratory shall be used to both house and maintain the state primary standards and secondary standards as traceable to the national standards and to test or calibrate any secondary or working standards which are submitted for test as required by this article.
The commissioner shall provide such personnel as required to operate the laboratory in a manner which is consistent with the needs of this article. Personnel shall be trained and certified to perform all such calibrations and tests as required by the national institute of standards and technology to maintain traceability of the state standards to national standards, and to properly maintain the laboratory facility as certified and traceable to the national institute of standards and technology.
The commissioner shall charge fees for laboratory services provided pursuant to this section. All fees collected by the commissioner pursuant to this section shall be deposited into the "Weights and Measures Fund" as established in this article, and used for the purposes stated therein.
Fee Schedule For Laboratory Services

Category of StandardsFee
Class F Wt. Kits (class 5 & 6)
$40.00/hour, to maximum of $80.00
Class F Cast Wt. (class 5 & 6) $40.00/hour, to maximum of $320.00
Weight Buggies (up to 5000 lbs)$75.00/hour, to maximum of $150.00
Class S, S-1, 1, 2, 3, 4$40.00/hour, to maximum of $160.00
Pharmacy Weights$35.00 each
5 Gallon T. M.$15.00 each
25 to 100 Gallon Prover$50.00 each
500 Gallon Prover$150.00 each
1000 to 2000 Gallon Prover$250.00 each
Glassware$10.00 each
Other services not listed in this table will be charged at a flat rate of $40.00 per hour.
§47-1-21. Registration of business.

On or before the first day of October, one thousand nine hundred ninety-four, every commercial business in the state which, in the course of conducting business, utilizes weights, measures and weighing and measuring devices covered by this article shall obtain a certificate of device registration for the commercial devices covered by this article, from the division. After the first day of October, one thousand nine hundred ninety-four, it shall be unlawful in the state to conduct business subject to the provisions of this article without having first obtained a certificate of device registration from the division. Application for a certificate of device registration shall be made on a form provided by the division.
A certificate of device registration is valid for twelve months from the date of issue. The certificate of device registration shall be posted within the place of business.
Application for the renewal of a certificate of device registration shall be made on a form provided by the division at least thirty days prior to the renewal due date. The commissioner may deny the renewal of device registration for cause where the cause is the result of the conviction of the applicant, in a court of competent jurisdiction, for a violation of this article.
The commissioner shall collect an annual registration fee for each weighing or measuring device used at each business location. The fee shall accompany the application for certificate of device registration and renewal. All fees collected by the commissioner pursuant to the provisions of this section shall be deposited into the "Weights and Measures Fund" established in this article, and used for the purposes stated therein.
Weighing and Measuring Device Registration Fee Schedule

DEVICE TYPEDEVICE DESCRIPTIONCATEGORYCHARGE
SCALESSmall Capacity0-70 pounds$15.00
Medium Capacity71-1000 pounds$25.00
Large Capacity> 1000 pounds$75.00
METERSLiquid Motor Fuel< 20 gpm flowrate$25.00
20-100 gpm flowrate$25.00
> 100 gpm flowrate$50.00
Liquid PropaneStationary$25.00
Truck Mounted$50.00
Natural Gas Motor
FuelAll$35.00
OTHERPrice Scanner
SystemsPer location$50.00
Device registration fees in no case may exceed $250.00 per business location. Price Scanner Systems include all integrated scanning devices at each business location. Categories based on inch-pound include their metric equivalent.



NOTE: The purpose of this bill is to provide user fee schedules for: The registration of weights and measures service agencies and service persons; for laboratory calibration services provided by the state measurement laboratory; and for the registration of weights and measures devices. This bill authorizes the use of such fees for providing registration, calibration and inspection services necessary to maintain traceability to the national standards.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.