HOUSE BILL NO. 95
INTRODUCED BY G. MATTHEWS
BY REQUEST OF THE DEPARTMENT OF COMMERCE
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING THE LICENSURE OF WEIGHING AND MEASURING DEVICES; REQUIRING THE DEPARTMENT TO ESTABLISH FEES FOR WEIGHING DEVICES BASED ON RATED CAPACITY BY RULE; REQUIRING THAT A NEW OWNER OF A PREVIOUSLY LICENSED MEASURING DEVICE REAPPLY FOR A LICENSE AND PAY THE APPLICABLE LICENSING FEES; AND AMENDING SECTIONS 30-12-203 AND 82-15-105, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 30-12-203, MCA, is amended to read:
"30-12-203. Licensing of weighing devices. (1) A person may not knowingly operate or use an unlicensed weighing device in trade or commerce for ascertaining the weight of any commodity.
(2) A license must be obtained by making application to the department upon blank forms to be provided by the
division bureau of weights and measures. Each license must require at least one inspection per year.
(3) An application must be accompanied by the proper fee as established by this section except that fees may be paid by
credit card and may be discounted for payment processing charges paid by the department to a third party. WEIGHING DEVICESCapacity Fees
499 pounds or less $ 12.00
500 pounds through 1,999 pounds 20.00
2,000 pounds through 7,999 pounds 40.00
8,000 pounds through 60,000 pounds 100.00
60,001 pounds or more 175.00 The department shall adopt rules establishing license fees based on the rated capacity of
the weighing device commensurate with costs. The fees may be paid by credit card and may be discounted for payment
processing charges paid by the department to a third party.
(4) The capacity of a weighing device must be determined by the manufacturer's rated capacity.
(5) (a) All licenses must be Licenses administered according to the provisions of Title 30, chapter 16, part 3, are annual
and expire on the anniversary date established by rule by the board of review established in 30-16-302. There is an
additional charge of 50% of the license fee on all license fees that are not paid within 60 days of the licensee's anniversary
date. If the fee is not paid, the equipment must be sealed and removed from service by the department. It is unlawful for
anyone to use equipment removed from service until all fees have been paid.
(6) (b) Licenses administered by the bureau of weights and measures are annual with the license year beginning January
1 and ending December 31. A late renewal fee equal to 50% of the renewal license fee established in subsection (3) must
be assessed if the fee is not paid before the first day of the sixth month of the year in which the license fee is due July 1 of
the current license year. A person failing to pay the renewal license fee before the first day of the sixth month of the year in
which the license fee is due July 1 of the current license year forfeits the right to use the weighing device for that year, and
it must be taken out of service by the division bureau of weights and measures until the renewal fee and late renewal fee are
paid.
(7)(6) The fees provided for in this section must be deposited to in the state special revenue fund of the department for
use in the administration and enforcement of this part."
Section 2. Section 82-15-105, MCA, is amended to read:
"82-15-105. Licenses and fees -- status of license on transfer of ownership. (1) A petroleum dealer or liquefied
petroleum dealer may not do business in this state until licensed by the department bureau of weights and measures. The
license must be obtained by the dealer by making application to the department upon blank forms provided by the
department bureau of weights and measures. A dealer who has not been issued a license and who is found selling, offering
for sale, delivering, or distributing petroleum products shall upon conviction be punished as provided by this part.
(2) The department shall adopt rules establishing license fees based upon on the rated capacity of the measuring devices
used by the dealer device commensurate with costs. The fees may be paid by credit card and may be discounted for
payment processing charges paid by the department to a third party. The fees must be deposited in the state special revenue
fund of the department for use in administrating and enforcing this part.
(3) All licenses are annual and expire on the anniversary date established by rule by the board of review established in 30-16-302. There is an additional charge of 50% of the license fee on all license fees that are not paid within 60 days of the licensee's anniversary date. If the fee is not paid, the equipment must be sealed and removed from service by the department. It is unlawful for anyone to use a device removed from service or to break the seal until all fees have been paid.
(4) If ownership of a measuring device changes, and the device:
(a) remains at the same location, the license transfers to the new owner and remains in effect until December 31 of that
year;
(b) is moved to a new location, the license is void, and the new owner shall:
(i) apply for a new license that will expire on the anniversary date of that year, as provided in subsection (3); and
(ii) pay the applicable fees the new owner shall apply for a new license and pay the applicable fees.
(5) The fees provided for in this section must be deposited in the state special revenue fund of the department for use in the administration and enforcement of this part."
- END -
Latest Version of HB 95 (HB0095.01)
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