H.B. No. 0097

Weights and measures.

 

Sponsored By: Joint Agriculture, State and Public Lands and Water Resources Interim Committee

 

AN ACT relating to weights and measures; providing definitions; providing for laboratory accreditation or recognition of physical standards; providing for modifications to comply with federal standard requirements; providing exceptions; establishing labeling requirements; providing for field standards; providing for training; providing for fees; modifying requirements on delivery tickets for bulk sales; providing for rulemaking; repealing certain provisions for fees; providing an appropriation; authorizing a full-time position; and providing for an effective date.

 

1/5/2009 Bill Number Assigned

1/13/2009 H Introduced and Referred to H05

1/13/2009 H Received for Introduction

1/27/2009 H05 Recommended Amend and Do Pass

 

ROLL CALL

Ayes: Representative(s) Blake, Carson, Edmonds, Gilmore, Moniz, Semlek, Teeters, Wallis and Zwonitzer, Dn.

Ayes 9 Nays 0 Excused 0 Absent 0 Conflicts 0

 

1/27/2009 H Placed on General File

1/27/2009 H Rereferred to H02

2/2/2009 H02 Recommended Amend and Do Pass

 

ROLL CALL

Ayes: Representative(s) Berger, Hammons, Harshman, Jorgensen, Pedersen, Philp and Steward

Ayes 7 Nays 0 Excused 0 Absent 0 Conflicts 0

 

2/2/2009 H Placed on General File

 

HB0097HS001/ADOPTED (CORRECTED COPY)

Page 1- line 7 After "sales;" insert "providing for rulemaking;".

Page 1-line 9 After "appropriation;" insert "authorizing a full-time position;".

Page 1-line 16 Delete "(xix)" insert "(xx)".

Page 6-line 4 After "government," insert "including, but not limited to, standards adopted by the United States Department of the Interior, Bureau of Land Management applicable to onshore oil and gas leases, the United States Federal Energy Regulatory Commission, the United States Department of Transportation, the state of Wyoming public service commission,".

Page 8-line 23 Delete "property of the" insert "result of a measurement or the value of a standard which can be verified as correct when compared with a national or international standard;".

Page 8-line 24 Delete.

Page 9-lines 1 and 2 Delete.

Page 17-After line 15 Insert:

"(xx)  Establish reasonable laboratory fees for testing, inspection and calibration of standards or weight and measuring devices.".

Page 19-line 14 Strike "or service sold,".

Page 23-lines 13 through 20 Delete entirely and insert:

"(a) Every person who owns or is responsible for a weights, measures weight, measure, weighing or measuring device devices regulated by this act shall obtain an annual license on or before April 1 from the department of agriculture in the amount authorized by W.S. 11-1-104 and pay a fee of no more than seventy-five dollars ($75.00). The fee amount and fee schedule shall be established by rule and regulation. The fees collected by the department under this section shall be deposited in the general fund."

Page 24-line 5 Before "appropriated" insert "authorized one (1) additional full-time position and". SEMLEK, CHAIRMAN

 

HB0097HS002/ADOPTED

Page 24-line 5 Delete "one hundred ninety".

Page 24-line 6 Delete "thousand dollars ($190,000.00)" insert "one hundred forty-five thousand dollars ($145,000.00)". BERGER, CHAIRMAN

 

HB0097HW001/ADOPTED

Page 23-lines 13 through 20 Delete the standing committee amendment (HS0097HS001/A) to these lines and further amend as follows:

Page 23-lines 13 through 20 Delete entirely and insert:

"(a) Every person who owns or is responsible for a weights, measures weight, measure, weighing or measuring device regulated by this act shall obtain an annual license for each establishment on or before April 1 from the department of agriculture in the amount authorized by W.S. 11-1-104 and pay a fee as provided in this subsection. The fees collected by the department under this section shall be deposited in the general fund. Fees shall be set by the department as follows:

(i) Not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00) for establishments with no more than five (5) devices;

(ii) Not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00) for establishments with more than (5) and less than eleven (11) devices;

(iii) Not more than seventy-five dollars ($75.00) for establishments with eleven (11) or more devices.".

Page 23-After line 24 Insert:

"(c) For purposes of this section, "establishment" means a place of business under one (1) management at one (1) physical location.". WALLIS

 

HB0097HW002/ADOPTED

Page 18-line 22 After "." delete balance of the line.

Page 18-line 23 Delete entirely. TEETERS

 

2/5/2009 H Passed CoW

2/6/2009 H Passed 2nd Reading

2/9/2009 H Passed 3rd Reading

 

ROLL CALL

Ayes: Representative(s) Anderson, R., Bagby, Barbuto, Berger, Blake, Bonner, Brechtel, Brown, Buchanan, Byrd, Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds, Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hallinan, Hammons, Harshman, Harvey, Illoway, Jaggi, Jorgensen, Landon, Lockhart, Lubnau, Madden, McKim, McOmie, Mercer, Meyer, Miller, Millin, Moniz, Patton, Peasley, Pedersen, Petersen, Philp, Quarberg, Roscoe, Semlek, Shepperson, Simpson, Steward, Stubson, Teeters, Thompson, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.

Ayes 60 Nays 0 Excused 0 Absent 0 Conflicts 0

 

2/10/2009 S Received for Introduction

2/10/2009 S Introduced and Referred to S05

2/13/2009 S05 Recommended Amend and Do Pass

 

ROLL CALL

Ayes: Senator(s) Bebout, Geis, Jennings, Johnson and Vasey

Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0

 

2/13/2009 S Placed on General File

2/17/2009 S Rereferred to S02

2/20/2009 S02 Recommended Amend and Do Pass

 

ROLL CALL

Ayes: Senator(s) Massie, Meier, Nicholas, Peterson and Townsend

Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0

 

2/20/2009 S Placed on General File

 

HB0097SS001/ADOPTED (TO ENGROSSED COPY)

Page 1僕ine 4 After "requirements;" insert "providing an exception;".

Page 1僕ine 15 After "40‑10‑120," insert "40‑10‑121 by creating a new subsection (b),".

Page 12紡fter line 13 Insert:

"40‑10‑121.  Department of agriculture duties and powers.

 

(b)  Unless requested by the operator of the weighing or measuring equipment, the department shall have no authority over weights and measures used in activities subject to the authority of the United Stated department of the interior associated with on shore oil and gas, the United States federal energy regulatory commission, the Wyoming public service commission associated with pipelines and utilities or the Wyoming oil and gas conservation commission.". GEIS, CHAIRMAN

 

HB0097SS002/FAILED (TO ENGROSSED COPY)

Page 1僕ine 9 Delete "authorizing a full-time".

Page 1僕ine 10 Delete "position;".

Page 25僕ine 5 Delete "authorized one (1) additional" insert "appropriated forty‑six thousand dollars ($46,000.00)".

Page 25僕ine 6 Delete.

Page 25僕ine 7 Delete "thousand dollars ($145,000.00)".

Page 25僕ine 11 Delete "to manage" insert "for the purpose of". NICHOLAS, CHAIRMAN

 

HB0097SW001/ADOPTED (TO ENGROSSED COPY)

Page 1僕ine 4 Delete the First Senate Standing Committee Amendment (HB0097SS001/AE) to this line and further amend as follows: after "requirements;" insert "providing exceptions;".

Page 1僕ine 15 Delete the First Senate Standing Committee Amendment (HB0097SS001/AE) to this line and further amend as follows: after "40‑10‑120," insert "40‑10‑121 by creating new subsections (b) and (c),".

Page 12紡fter line 13 After the First Senate Standing Committee Amendment (HB0097SS001/AE) to this line, further amend as follows: Insert:

"(c)  The department shall have no authority over weights and measures used for weighing livestock when the livestock are weighed pursuant to a written agreement between the parties using the weighing device.". GEIS

 

2/24/2009 S Passed CoW

2/25/2009 S Passed 2nd Reading

2/26/2009 S Passed 3rd Reading

 

ROLL CALL

Ayes: Senator(s) Anderson, J., Bebout, Burns, Case, Coe, Cooper, Decaria, Dockstader, Esquibel, F., Geis, Hastert, Hines, Hunnicutt, Jennings, Johnson, Landen, Larson, Martin, Massie, Nicholas, Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern

Nays: Senator(s) Meier

Ayes 29 Nays 1 Excused 0 Absent 0 Conflicts 0

 

2/26/2009 H Received for Concurrence

2/27/2009 H Did Not Concur

 

ROLL CALL

Nays: Representative(s) Anderson, R., Bagby, Barbuto, Berger, Blake, Bonner, Brechtel, Brown, Buchanan, Byrd, Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds, Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hallinan, Hammons, Harvey, Illoway, Jaggi, Jorgensen, Landon, Lockhart, Lubnau, Madden, McKim, McOmie, Mercer, Meyer, Millin, Moniz, Patton, Peasley, Pedersen, Petersen, Philp, Quarberg, Roscoe, Semlek, Shepperson, Simpson, Steward, Stubson, Teeters, Thompson, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.

Excused: Representative(s) Harshman and Miller

Ayes 0 Nays 58 Excused 2 Absent 0 Conflicts 0

 

2/27/2009 H Appointed JCC01 Members

Representative(s) Wallis, Carson, Moniz

2/27/2009 S Appointed JCC01 Members

Senator(s) Perkins, Geis, Vasey

3/4/2009 H Adopted HB0097JC01

 

ROLL CALL

Ayes: Representative(s) Anderson, R., Bagby, Barbuto, Berger, Blake, Bonner, Brechtel, Brown, Buchanan, Byrd, Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds, Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hallinan, Hammons, Harshman, Harvey, Illoway, Jaggi, Landon, Lockhart, Lubnau, Madden, McKim, McOmie, Mercer, Meyer, Miller, Millin, Moniz, Patton, Peasley, Pedersen, Petersen, Philp, Quarberg, Roscoe, Semlek, Shepperson, Simpson, Steward, Stubson, Teeters, Thompson, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.

Excused: Representative(s) Jorgensen

Ayes 59 Nays 0 Excused 1 Absent 0 Conflicts 0

 

3/5/2009 S Adopted HB0097JC01

 

ROLL CALL

Ayes: Senator(s) Anderson, J., Bebout, Burns, Case, Coe, Cooper, Decaria, Dockstader, Esquibel, F., Geis, Hastert, Hines, Hunnicutt, Jennings, Johnson, Landen, Larson, Martin, Massie, Nicholas, Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern

Nays: Senator(s) Meier

Ayes 29 Nays 1 Excused 0 Absent 0 Conflicts 0

 

HB0097JC01/AA ADOPTED

Delete the following Senate amendments:

HB0097SS001/AE

HB0097SW001/AE

Further amend the ENGROSSED COPY as follows:

Page 1僕ine 4 After "requirements;" insert "providing exceptions;".

Page 1僕ine 15 After "40‑10‑120," insert "40‑10‑121 by creating new subsections (b) and (c),".

Page 12紡fter line 13 Insert:

"40‑10‑121.  Department of agriculture duties and powers.

(b)  Unless requested by the operator of the weighing or measuring equipment, the department shall have no authority over weights and measures used in activities subject to the authority of the United States department of the interior associated with on shore oil and gas, the United States federal energy regulatory commission, the Wyoming public service commission associated with pipelines and utilities or the Wyoming oil and gas conservation commission.

(c) Except as otherwise required by law, rule, regulation or third party agreement, the department shall have no authority over weights and measures used pursuant to a written agreement between the parties using the weighing device.".

WALLIS, CARSON, MONIZ, PERKINS, GEIS, VASEY

 

3/5/2009 Assigned Number HEA No. 0125

3/5/2009 H Speaker Signed HEA No. 0125

3/5/2009 S President Signed HEA No. 0125

3/12/2009 Governor Signed HEA No. 0125

3/12/2009 Assigned Chapter Number

 

Chapter No. 0191 Session Laws of Wyoming 2009.