68th Legislature SB 53.1
1 SENATE BILL NO. 53
2 INTRODUCED BY M. LANG
3 BY REQUEST OF THE DEPARTMENT OF LABOR AND INDUSTRY
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS RELATING TO WEIGHTS AND MEASURES
6 FEES COLLECTED BY THE DEPARTMENT OF LABOR AND INDUSTRY; PROVIDING RULEMAKING
7 AUTHORITY TO THE DEPARTMENT OF LABOR AND INDUSTRY ON FEES FOR WEIGHTS AND
8 MEASURES; REQUIRING A ONE-TIME-ONLY TRANSFER OF FUNDS; AMENDING SECTIONS 30-12-202
9 AND 30-12-203, MCA; AND PROVIDING EFFECTIVE DATES.”
10
11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
12
13 Section 1. Section 30-12-202, MCA, is amended to read:
14 "30-12-202. Specific powers and duties of department -- rules. (1) The department shall adopt
15 from time to time reasonable rules for the enforcement of parts 1 through 5, and the rules have the effect of law.
16 These rules may include:
17 (a) schedules of fees for licensing, testing, and certification;
18 (b) standards of net weight, measure, or count and reasonable standards of fill for any commodity
19 in package form;
20 (c) rules governing the technical and reporting procedures to be followed and the report and
21 record forms and marks of approval and rejection to be used by the department in the discharge of its official
22 duties;
23 (d) exemptions from the sealing or marking requirements of 30-12-209 with respect to weights and
24 measures of a character or size that sealing or marking would be inappropriate, impracticable, or damaging to
25 the apparatus involved; and
26 (e) rules governing the voluntary registration of service providers and service agencies.
27 (2) The rules described in subsection (1) must include specifications, tolerances, and other
28 technical requirements for weights and measures subject to inspection and testing under 30-12-205, designed
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68th Legislature SB 53.1
1 to eliminate from use, without prejudice to apparatus that conforms as closely as practicable to the official
2 standards, those:
3 (a) that are not accurate;
4 (b) that are not reasonably permanent in their adjustment or will not repeat their indications
5 correctly; or
6 (c) that facilitate the perpetration of fraud.
7 (3) The specifications, tolerances, and other technical requirements for commercial weighing and
8 measuring devices, together with amendments to the specifications, as recommended by the national institute
9 of standards and technology and published in national institute of standards and technology Handbook 44 and
10 supplements to that handbook or in any publication revising or superseding Handbook 44, are the
11 specifications, tolerances, and other technical requirements for commercial weighing and measuring devices of
12 this state, except as specifically modified, amended, or rejected by a rule issued by the department.
13 (4) An apparatus is considered to be "correct" when it conforms to all applicable requirements
14 adopted as specified in this section. Other apparatus are considered to be "incorrect"."
15
16 Section 2. Section 30-12-203, MCA, is amended to read:
17 "30-12-203. Licensing of weighing devices. (1) A person may not knowingly operate or use an
18 unlicensed weighing device in trade or commerce for ascertaining the weight of any commodity.
19 (2) A license must be obtained by applying to the department upon on a form provided by the
20 department. Each license must require at least one inspection a year.
21 (3) An application must be accompanied by the proper fee. as established by this section, except
22 that fees may be paid by credit card and may be discounted for payment processing charges paid by the
23 department to a third party.
24 WEIGHING DEVICES
25 Capacity Fees
26 499 pounds or less $20
27 500 pounds through 1,999 pounds $33
28 2,000 pounds through 7,999 pounds $64
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68th Legislature SB 53.1
1 8,000 pounds through 60,000 pounds $165
2 60,001 pounds or more $280
3 (4) The capacity of a weighing device must be determined by the manufacturer's rated capacity.
4 (5) (a) All licenses are annual and, except for those described in subsection (5)(b), expire on the
5 anniversary date established by rule by the board of review established in 30-16-302.
6 (b) Licenses for on-farm scales expire at the end of the calendar year.
7 (6) (a) A late renewal fee equal to 50% of the renewal license fee established in subsection (3)
8 must be assessed if the fee is not paid:
9 (i) for on-farm scales, before the first day of the sixth month of the year in which the license fee is
10 due; or
11 (ii) for all other licenses, within 60 days of the anniversary date.
12 (b) If the fee is not paid by the respective due date listed in subsection (6)(a), the weighing device
13 may be sealed and removed from service by the department.
14 (c) A person may not use a weighing device that has been removed from service or break the seal
15 on a device removed from service until all fees have been paid.
16 (7) The fees must be deposited to the state special revenue fund of the department for use in the
17 administration and enforcement of this part."
18
19 NEW SECTION. Section 3. Transfer of funds. Before June 30, 2023, the department shall transfer
20 not more than $2.3 million from fees collected pursuant to 50-60-104 into the fund designated in 30-12-203(7).
21
22 NEW SECTION. Section 4. Effective dates. (1) Except as provided in subsection (2), [this act] is
23 effective January 1, 2024.
24 (2) [Section 3] and this section are effective on passage and approval.
25 - END -
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Statutes affected: SB0053_1.pdf: 30-12-202, 30-12-203
SB0053_2.pdf: 30-12-202, 30-12-203
SB0053_X.pdf: 30-12-202, 30-12-203
Amended: 30-12-202, 30-12-203
Introduced: 30-12-202, 30-12-203