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–line 4           After "requirements;" insert "providing an exception;".

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

Page 12–after 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–line 9           Delete "authorizing a full-time".

Page 1–line 10          Delete "position;".

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

Page 25–line 6          Delete.

Page 25–line 7          Delete "thousand dollars ($145,000.00)".

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

HB0097SW001/ADOPTED  (TO ENGROSSED COPY)

Page 1–line 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–line 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–after 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–line 4           After "requirements;" insert "providing exceptions;".

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

Page 12–after 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.