2015 -- S 0200 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO WEIGHTS AND MEASURES - PRODUCE SCALES IN MARKETS

     Introduced By: Senators Kettle, and Morgan

     Date Introduced: February 11, 2015

     Referred To: Senate Commerce

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 47-2-7 of the General Laws in Chapter 47-2 entitled "Produce

Scales in Markets" is hereby amended to read as follows:

     47-2-7. Fees and compensation of sealer -- Condemnation of incorrect scales or

balances. -- (a) The sealer of weights and measures, in any town or city, shall receive a the same

fee as any state sealer appointed by the state and no less than a fee of twenty-five cents (25/c) for

every weight, wine, or dry measure, sealed by him or her at his or her office; the sealer shall

receive a fee of twenty-five cents (25/c) for every yardstick or yard measure sealed by him or her;

for sealing every spring balance of a capacity less than one hundred pounds (100 lbs.) the sealer

shall receive a fee of two dollars ($2.00), for every spring balance of a capacity of one hundred

(100) and less than five hundred pounds (500 lbs.), three dollars ($3.00); for every platform scale

of a capacity of five thousand pounds (5,000 lbs.) or more, five dollars ($5.00); for every balance

of a capacity of less than five thousand pounds (5,000 lbs.), two dollars ($2.00); for every steel

yard of a capacity of fifty pounds (50 lbs.) or less, one dollar ($1.00); and for every steel yard of a

capacity over fifty pounds (50 lbs.), two dollars ($2.00); every scale or balance used for weighing

people shall be tested, and if found correct shall be sealed, by the sealer, and he or she shall

receive a fee of two dollars ($2.00) for each and every scale or balance so sealed. If any of the

scales or balances are found to be incorrect, then they shall be condemned and their use forbidden

as hereinbefore provided. For proving and sealing coal and wood baskets, he or she shall receive

a fee of fifty cents (50/c) each, and for every charcoal basket so sealed, sixty cents (60/c); he or

she shall also have a reasonable compensation for all repairs, alterations, and adjustments which it

may be necessary for the sealer to make, made by him or her, and for the expenses incurred in

visiting any place, as provided for in section 47-2-5. These fees and compensation shall be paid to

the sealer by the person owning or using the weights, measures, or balances so adjusted and

sealed. Every person violating the provisions of this section shall be fined not exceeding one

hundred dollars ($100) for each offense, one-half (1/2) thereof to go to the town or city and one-

half ( 1/2) to the complainant. All the fees received by any sealer of weights and measures of any

town or city shall be retained by him or her as compensation for his or her services except as

hereinafter provided. Any town or city council may, at any time, by ordinance fix an annual

salary for the sealer of weights and measures of the town or city, and in that case the fees received

by him or her shall be paid over by him or her to the town or city treasurer, at the time or times

prescribed by any ordinance of the town or city.

      (b) (1) For every spring balance or balance scale of a capacity of less than ten pounds (10

lbs.), he or she shall receive a fee of five dollars ($5.00); for every spring balance or balance scale

of a capacity of more than ten pounds (10 lbs.) and less than one hundred pounds (100 lbs.), he or

she shall receive a fee of six dollars ($6.00); for every spring balance, balance scale, or platform

scale of a capacity of more than one hundred pounds (100 lbs.) and less than one thousand pounds

(1,000 lbs.), he or she shall receive a fee of ten dollars ($10.00).

      (2) If any of the scales or balances are found to be incorrect, they shall be condemned

and their use forbidden as hereinbefore provided.

     SECTION 2. Section 47-8-1 of the General Laws in Chapter 47-8 entitled "Gasoline and

Petroleum Products" is hereby amended to read as follows:

     47-8-1. Testing of measuring devices -- Forbidding use -- Fee. -- (a) The director of

the department of labor and training is hereby authorized and directed to have tested all gasoline

measuring devices used in the sale of gasoline, from time to time, as in his or her judgment it may

be deemed necessary, to prevent fraud or deception in the use of these devices or to insure the

accurate measurement of gasoline in the sale.

      (b) Any town or city sealer of weights, measures, and balances shall have authority to

condemn and forbid the use of any gasoline measuring device for the sale of gasoline in his or her

respective town or city, or until the device has been duly tried and sealed, or until the gasoline

measuring device has been equipped with such an attachment, contrivance, or apparatus as will

insure the correct and proper functioning of the measuring device for the sale of the gasoline by

accurate measurement.

      (c) The sealer of weights and measures in any town or city shall receive the same fee as

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any state sealer, appointed by the state, as stated in § 47-1-5.1, For the testing and sealing of a

gasoline measuring device, a fee of five dollars ($5.00) shall be paid unless otherwise stated in §

47-1-5.1, except in the city of Providence where the sealer shall have the authority to remove and

replace any lead seal on any gasoline measuring device and to charge an additional fee of five

dollars ($5.00) for that service.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO WEIGHTS AND MEASURES - PRODUCE SCALES IN MARKETS

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     This act would require sealers of weights and measures appointed by the cities or towns

to receive the same fees as charged by state sealers who perform the same inspecting/testing

services.

     This act would take effect upon passage.

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