State of South Dakota
|
EIGHTY-SECOND SESSION LEGISLATIVE ASSEMBLY, 2007 |
400N0316 |
SENATE BILL
NO.
14
|
Introduced by:
The Committee on Commerce at the request of the Department of Public
Safety
|
FOR AN ACT ENTITLED, An Act to
increase the maximum fees for conducting certain
weights and measures inspections and testing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 37-21-9.1 be amended to read as follows:
37-21-9.1. The Division of Commercial Inspection and Licensing shall charge and collect a maximum
ten
thirty
dollar fee for each inspection and testing of any weight, measure, and
weighing and measuring device. The fee shall be paid upon demand of the division by the
person, firm, or corporation owning or operating the weight, measure, or weighing or measuring
device inspected or tested. A maximum fee of
five
fifteen
dollars shall be charged and collected
for each inspection and testing of gasoline and diesel stationary fuel pump meters. A maximum
fee of
fifteen
fifty
dollars shall be charged and collected for each inspection and testing of
gasoline and diesel high speed stationary fuel pump meters. A maximum fee of
fifteen
fifty
dollars shall be collected for refined fuel truck meters. If a special or emergency inspection is
requested, a charge, not to exceed the actual cost of such inspection, including costs for
personnel, equipment, and mileage, shall be made and assessed against the requesting individual
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 37-21-9.1 be amended to read as follows:
37-21-9.1. The Division of Commercial Inspection and Licensing shall charge and collect a maximum
or device owner. All fees, except those for special or emergency inspection, shall be
promulgated by the secretary of the Department of Public Safety pursuant to chapter 1-26.
Section
2.
That
§
37-22-10
be amended to read as follows:
37-22-10.
The Division of Commercial Inspection and Licensing shall charge and collect
a fee for each inspection or testing of scales. The fee shall be paid upon demand of the division
by the person, firm, or corporation owning or operating the scale inspected or tested. The
maximum schedule of fees is as follows:
(1)
Up to and including 2,000 pounds capacity --
fifteen
thirty
dollars;
(2)
2,001 to 5,000 pounds capacity, inclusive --
twenty-five
fifty
dollars;
(3)
5,001 to 40,000 pounds capacity, inclusive --
sixty
eighty
dollars;
(4)
Over 40,000 pounds capacity --
seventy-five
one hundred
dollars;
(5)
All livestock scales --one hundred
seventy-five
dollars.
If a special or emergency inspection is requested, a charge, not to exceed the actual cost of
such inspection, including costs for personnel, equipment, and mileage, shall be made and
assessed against the requesting individual or device owner.
Section 3. That § 34-39-3 be amended to read as follows:
34-39-3. The Department of Public Safety may test all weighing and measuring devices used in the wholesale or retail sale of liquefied petroleum gas, either in liquid or vapor form, and shall condemn or reject for repair, any device which is found either to be inaccurate or does not clearly state the quantity of liquefied petroleum gas, either in liquid or vapor form, in pounds, gallons, cubic feet, or other unit approved by the department.
Section 3. That § 34-39-3 be amended to read as follows:
34-39-3. The Department of Public Safety may test all weighing and measuring devices used in the wholesale or retail sale of liquefied petroleum gas, either in liquid or vapor form, and shall condemn or reject for repair, any device which is found either to be inaccurate or does not clearly state the quantity of liquefied petroleum gas, either in liquid or vapor form, in pounds, gallons, cubic feet, or other unit approved by the department.
The department shall charge and collect a maximum
twenty-
seventy-five
dollar fee for each
test. The fee shall be promulgated by the secretary of public safety pursuant to chapter 1-26.
Revenue from the fee shall be deposited into the state general fund.
Any inspector employed by the department may enter and examine any liquefied petroleum
gas plant for safety standard purposes no more than every two years, except for any reinspection
resulting from a deficiency. The department shall charge and collect a maximum one hundred
dollar fee for each inspection. The fee shall be promulgated by the secretary of public safety
pursuant to chapter 1-26.
For the purposes of this section, a liquefied petroleum gas plant is a retail distribution
facility with a capacity of at least eight thousand gallons.
Section 4. That § 37-21A-3 be amended to read as follows:
37-21A-3. The director shall charge an annual registration fee of
twenty-five
seventy-five
dollars per service agency plus
five
ten
dollars per registered serviceman to cover administrative
costs. The fee shall be paid when the registration or renewal application is made.
Section 5. That § 37-21A-7 be amended to read as follows:
37-21A-7. A registered serviceman and a registered service agency shall submit, annually to the director, for examination and certification, any standards and testing equipment that are used, or are to be used, in the performance of the service and testing functions with respect to weighing and measuring devices for which competence is registered. No registered service person or agency may use in servicing any commercial weighing or measuring device any standards or testing equipment that have not been certified by the director. The Department of Public Safety shall charge a maximum fee
not to exceed the actual cost
of
one hundred dollars
per hour for
such examination and certification
, including costs for personnel, equipment, and
mileage
.
Section 4. That § 37-21A-3 be amended to read as follows:
37-21A-3. The director shall charge an annual registration fee of
Section 5. That § 37-21A-7 be amended to read as follows:
37-21A-7. A registered serviceman and a registered service agency shall submit, annually to the director, for examination and certification, any standards and testing equipment that are used, or are to be used, in the performance of the service and testing functions with respect to weighing and measuring devices for which competence is registered. No registered service person or agency may use in servicing any commercial weighing or measuring device any standards or testing equipment that have not been certified by the director. The Department of Public Safety shall charge a maximum fee