An Act to increase weights and measures inspection fees charged by the Department of Public Safety.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 34-39-3 be AMENDED:

34-39-3. The department 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 that is inaccurate or that 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 sixty-eight dollar fee of one hundred dollars for each test.

Any inspector employed by the department may enter and examine any liquefied petroleum gas plant for compliance with safety standard purposes standards no more than every two years, except for any reinspection resulting from a deficiency. The department shall charge and collect a ninety-four dollar a fee of one hundred fifty dollars for each inspection.

For the purposes of this section, a "liquefied petroleum gas plant is" means a retail distribution facility with a capacity of at least eight thousand gallons.

Revenue from the fees imposed by this section shall must be deposited into the general fund. It is the intent of the Legislature that one-half of the inspection program funding may be derived from the general fund and the other half from the fees collected pursuant to this section and §§ 37-21-9.1, 37-21A-3, 37-21A-7, and 37-22-10, through the General Appropriations Act.

Section 2. That § 37-21-9.1 be AMENDED:

37-21-9.1. The department shall charge and collect a fee of twenty-eight dollars for each inspection and testing of any weight, measure, and weighing and measuring device up to one thousand pounds. The fee shall be paid upon demand of the department by the person, firm, or corporation owning or operating the weight, measure, or weighing or measuring device inspected or tested. A fee of fourteen dollars shall be charged and collected for each inspection and testing of gasoline and diesel stationary fuel pump meters. A fee of forty-six dollars shall be charged and collected for each inspection and testing of gasoline and diesel high speed stationary fuel pump meters and for refined fuel truck meters. If a special or emergency inspection is requested, a charge, not to exceed the actual cost of the inspection, including costs for personnel, equipment, and mileage, shall be made and assessed against the requesting person or device owner.

The department shall charge and collect the following fees for the services specified:

(1) For each inspection and testing of gasoline and diesel stationary fuel pump meters, thirty-five dollars;

(2) For each inspection and testing of gasoline and diesel high-speed stationary fuel pump meters and for refined fuel truck meters, seventy-five dollars;

(3) For each agricultural chemical or liquid fertilizer meter, one hundred twenty-five dollars; and

(4) For any special or emergency inspection by request, a fee not to exceed the actual cost of inspection, including costs for personnel, equipment, and mileage.

It is the intent of the Legislature that one-half of the inspection program funding may be derived from the general fund and the other half from the fees collected pursuant to this section and §§ 34-39-3, 37-21A-3, 37-21A-7, and 37-22-10, through the General Appropriations Act.

Section 3. That § 37-21A-3 be AMENDED:

37-21A-3. The secretary shall charge and collect an annual registration fee of sixty-nine one hundred dollars for each service agency and ten twenty dollars for each registered service agent to cover administrative costs. The fee shall must be paid when the registration or renewal application is made.

It is the intent of the Legislature that one-half of the inspection program funding may be derived from the general fund and the other half from the fees collected pursuant to this section and §§ 34-39-3, 37-21-9.1, 37-21A-7, and 37-22-10, through the General Appropriations Act.

Section 4. That § 37-21A-7 be AMENDED:

37-21A-7. A registered service agent and a registered service agency shall submit, annually to the secretary, 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 of weighing and measuring devices for which competence is registered. No registered service agent or agency may use, in servicing any commercial weighing or measuring device, any standards or testing equipment that have not been certified by the secretary. The department shall charge and collect a ninety-six dollar per hour fee of one hundred thirty-five dollars per hour for the examination and certification.

It is the intent of the Legislature that one-half of the inspection program funding may be derived from the general fund and the other half from the fees collected pursuant to this section and §§ 34-39-3, 37-21-9.1, 37-21A-3, and 37-22-10, through the General Appropriations Act.

Section 5. That § 37-22-10 be AMENDED:

37-22-10. The department shall charge and collect a fee for each inspection or testing of scales. The fee shall be paid upon demand of the department by from the person owning or operating the scale inspected or tested. The schedule of fees is as follows:

(1) 1,001 to 2,000 pounds capacity, inclusive, twenty-nine dollars;

(2) 2,001 to 5,000 pounds capacity, inclusive, forty-eight dollars;

(3) 5,001 to 40,000 pounds capacity, inclusive, eighty-two dollars;

(4) Over 40,000 pounds capacity, one hundred three dollars;

(5) For a scale under thirty-one pounds capacity, forty-five dollars;

(2) For a scale of thirty-one but less than one thousand one pounds capacity, sixty-five dollars;

(3) For a scale with a capacity of one thousand one pounds and greater, one hundred forty-five dollars; and

(4) All livestock scales, one hundred seventy-three dollarsFor any livestock scale, two hundred fifty dollars.

If a special or emergency inspection is requested, a charge, not to exceed the actual cost of the inspection, including costs for personnel, equipment, and mileage, shall be made and assessed against the requesting person or device owner.

It is the intent of the Legislature that one-half of the inspection program funding may be derived from the general fund and the other half from the fees collected pursuant to this section and §§ 34-39-3, 37-21-9.1, 37-21A-3, and 37-21A-7, through the General Appropriations Act.