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.