Bill Text - SB157 (2011)

Relative to the division of weights and measures and fees for licensing weighing devices and the definition of service technician.


Revision: June 17, 2011, midnight

CHAPTER 202

SB 157-FN – FINAL VERSION

27Apr2011… 1478h

2011 SESSION

11-0971

08/05

SENATE BILL 157-FN

AN ACT relative to the division of weights and measures and fees for licensing weighing devices and the definition of service technician.

SPONSORS: Sen. Carson, Dist 14; Sen. Bradley, Dist 3; Sen. Barnes, Jr., Dist 17; Rep. B. Patten, Carr 4

COMMITTEE: Executive Departments and Administration

AMENDED ANALYSIS

This bill:

I. Eliminates the rulemaking authority of the commissioner of the department of agriculture, markets, and food to set fees for licensing weighing devices.

II. Allows service technicians to issue state seals.

III. Sets a fee schedule for licensing weighing devices.

IV. Requires the commissioner of the department of agriculture, markets, and food to make an annual report to the house and senate regarding consumer complaints, inspections, and audits.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

27Apr2011… 1478h

11-0971

08/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to the division of weights and measures and fees for licensing weighing devices and the definition of service technician.

Be it Enacted by the Senate and House of Representatives in General Court convened:

202:1 New Section; Fees for Licensing Commercial Devices. Amend RSA 438 by inserting after section 10 the following new section:

438:10-a Fees for Licensing Commercial Devices. The following annual device license fees shall be charged for the following categories:

I. Scales 100 pounds or less, $18 each;

II. Scales over 100 pounds to 2,000 pounds, $27 each;

III. Scales over 2,000 pounds to 5,000 pounds, $54 each;

IV. Non-vehicle scales over 5,000 pounds, $90 each;

V. Vehicle scales, $180 each;

VI. Lift truck/forklifts, on board weighing systems/scales, $90 each;

VII. On board weighing systems/scales, refuse or recyclable materials collection trucks, $90 each;

VIII. Analytical balances, $36 each;

IX. Retail motor fuel dispensers, except liquefied petroleum gas and natural gas dispensers, $18 per meter;

X. Liquefied petroleum gas retail motor fuel dispensers, $54 per meter;

XI. Natural gas retail motor fuel dispensers, $54 per meter;

XII. Liquid vehicle tank meters, except liquefied petroleum gas and natural gas meters, $54 per meter;

XIII. Liquid bulk storage meters, $90 per meter;

XIV. Liquefied gas meters, $90 per meter;

XV. Taxi meters, $27 per meter; and

XVI. Linear and cordage measures, $18 per meter.

202:2 Service Technicians. Amend RSA 438:1, XIII to read as follows:

XIII. “Registered service technician” means an individual who holds a valid certificate of registration from the department of agriculture, markets, and food who, for hire, installs, services, repairs, reconditions, tests, seals, or calibrates a commercial weighing or measuring device.

202:3 New Paragraph; Commissioner of Agriculture, Markets and Food; Annual Report. Amend RSA 438:7 by inserting after paragraph VIII the following new paragraph:

IX. The commissioner shall make an annual report on October 1 of each year to the house and senate committees on executive departments and administration and to the house and senate clerks including the number of consumer complaints, the number of inspections, and the number of audits during the prior fiscal year for meters, scales, and other devices.

202:4 Service Technicians. Amend RSA 438:14-a to read as follows:

438:14-a Registered Service Technician. A registered service technician who installs, services, repairs, reconditions, tests, or calibrates a commercial weighing or measuring device shall [mark] seal said device in a manner approved by the commissioner. This [mark] seal shall authorize the device owner to use a licensed device unless rejected pursuant to RSA 438:14.

202:5 Repeal. RSA 438:8, I(h)(1)-(2), relative to the authority of the commissioner of the department of agriculture, markets, and food to set fees for the testing and licensing of weighing devices, is repealed.

202:6 Effective Date. This act shall take effect July 1, 2011.

Approved: Enacted in accordance with Article 44, Part II, N.H. Constitution, without signature of the governor, June 16, 2011.

Effective Date: July 1, 2011