SB1177 - 451R - House Bill Summary

House of Representatives

SB 1177

department of weights and measures

Sponsors: Bennett, Bowers, Hamilton, et. al.

DP	Committee on Energy Utilities and Technology
DPA	Committee on Commerce and Economic Development
x	Caucus and COW	This bill as introduced contains *a PROP 108 clause.*
	As Passed the House

SB 1177 expands the authority of registered service agencies to test vapor recovery systems and components, the authority of the Department to test metering devices beyond those owned by utility companies, licensing mechanical counting devices, as well as codifying Deputy Weigh Masters in statute.

History

The Department of Weights and Measures is primarily responsible for insuring the accuracy of commercial devices used for the sales of commodities sold by weight, measure or count, the proper labeling of such products, as well as regulating reformulated gasoline and the vapor recovery program. The Department also licenses weigh masters responsible for weight certification.

Currently, for the inspection of metering devices, the Department is limited only to utility meters. SB 1177 would broaden the Department’s authority to include all metering devices, including but not limited to devices utilized to measure usage of electricity, natural gas or water by a consumer. Additionally, current law does not allow the Department to license mechanical counting devices such as coin counting machines, SB 1177 would allow the Department to license such devices and charge a twelve dollar licensing fee.

Provisions

· Expands the definition of registered service agency and service representative to include tests or repairs of vapor recovery systems and vapor recovery components.

· Modifies the definition of retail seller to mean a person whose business purpose is to sell, expose or offer for sale or use any package or commodity by weight, measure or count.

· Expands the authority of the Department of Weights and Measures to include the inspection of all metering devices.

· States that any vapor recovery system, weight or measuring device that is found to be defective must not be repaired by a service agency without first obtaining the permission of the Department of Weights and Measures.

· Requires mechanical counting devices to be licensed by the Department and includes a twelve-dollar licensing fee.

· Establishes the position of Deputy Weigh Master.

· States the qualifications that must be met in order to be licensed as a Weigh Master or Deputy Weigh Master.

· Outlines the criteria for licensure as a registered service agency or service representative.

· States that licenses issued by the Department of Weights and Measures to registered service representatives must indicate the type of service the representative is qualified to perform.

· Authorizes service representatives to perform the following functions:

· Remove registration tags placed on commercial devices.

· Temporarily place in service a vapor recovery device that has been placed out of service until an official examination can be conducted.

· Place in service a commercial device for which an application has been submitted to the Department until the examination of the device is complete.

· Includes a Proposition 108 clause.

SB 1177 was amended in the Committee on Commerce and Development as follows:

· States that the Department of Weights and Measures shall not inspect meters at federal, state and local agencies unless requested to do so.

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· 45th Legislature