ENROLLED
H. B. 4709
(By Delegates Tucker, Kuhn, Varner,
Stemple, Staton, Yost and G. White)
[Passed March 13, 2004; in effect ninety days from passage.]
AN ACT to amend and reenact §47-1-20 of the code of West Virginia,
1931, as amended, relating to allowing the commissioner of
labor to charge fees for laboratory services and calibrations
by rule; establishing a special revenue account to be used by
the division of labor for the enforcement of weights and
measures statutes.
Be it enacted by the Legislature of West Virginia:
That §47-1-20 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. WEIGHTS AND MEASURES.
§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 promulgate rules, pursuant to chapter
twenty-nine-a of this code to assess fees for weights and measures
laboratory calibration and testing.
All fees collected by the
commissioner under the provisions of this section shall be
deposited into a special revenue account in the state treasury to
be known as the "Weights and Measures Fund." The moneys in the
fund shall be used by the commissioner solely for the enforcement
of this article. The commissioner is hereby authorized to allocate
moneys from the weights and measures fund
to enforce the provisions
of this article without legislative appropriation of moneys from
the fund until the last day of June, two thousand six. Effective
the first day of July, two thousand six, no moneys may be expended
from the fund except by legislative appropriation.
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.
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