2018 -- S 2327

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LC003423

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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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 15, 2018

     Referred To: Senate Commerce

     It is enacted by the General Assembly as follows:

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

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

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

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balances.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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to the complainant. All the fees received by any sealer of weights and measures of any town or

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

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

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sealer of weights and measures of the town or city, and in that case the fees received by him or

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

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by any ordinance of the town or city.

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

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

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

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

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

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

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

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their use forbidden as hereinbefore provided.

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

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Petroleum Products" is hereby amended to read as follows:

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     47-8-1. Testing of measuring devices -- Forbidding use -- Fee.

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     (a) The director of the department of labor and training is hereby authorized and directed

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to have tested all gasoline measuring devices used in the sale of gasoline, from time to time, as in

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his or her judgment it may be deemed necessary, to prevent fraud or deception in the use of these

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devices or to insure the accurate measurement of gasoline in the sale.

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

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

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

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

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

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accurate measurement.

 

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     (c) For the testing and sealing of a gasoline measuring device, a fee of five dollars ($5.00)

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shall be paid unless otherwise stated in § 47-1-5.1, The sealer of weights and measures in any

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town or city shall receive the same fee as any state sealer, appointed by the state, as stated in §

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

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

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dollars ($5.00) for that service.

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     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 and towns

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

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services.

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     This act would take effect upon passage.

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