Legislature(1993 - 1994)

03/22/1994 05:00 PM House TRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
  TAPE 94-13, SIDE B                                                           
  Number 000                                                                   
  REPRESENTATIVE DAVIS asked "Mrs. Mulder" to introduce SB
  SB 152 - WEIGHTS & MEASURES: INSPECTIONS/CITATIONS                           
  Number 003                                                                   
  WENDY MULDER introduced herself as special assistant to                      
  Commissioner Paul Fuhs, Department of Commerce and Economic                  
  Development, adding that there were three components to the                  
  bill:  the air carriers, and weights and measures, or                        
  measuring devices.  She stated that SB 152 would provide for                 
  the reestablishment of the weights and measures officials'                   
  authority allowing for effective administration and                          
  enforcement of the weights and measures regulations and,                     
  specifically, provide the authority to effectively enforce                   
  the registration fee requirements of the regulations.                        
  In addition, MRS. MULDER stated, SB 152 would provide for                    
  the ability to increase program receipts by ensuring that                    
  all who are obliged to register weighing and measuring                       
  devices will register and pay the fee, and that the director                 
  would have the ability to better utilize available resources                 
  and improve the level of coverage of the state with an                       
  increase in the number if devices inspected and registered.                  
  The present law requires twice annual inspection for all                     
  weighing and measuring devices in the state.  She said SB
  152 would allow the director to reduce the frequency of                      
  testing of certain types of devices that, through                            
  experience, do not require such frequent testing.                            
  MRS. MULDER concluded by saying that the proposed changes                    
  would expedite collection of device registration fees and                    
  place basic policy powers in the day-to-day weights and                      
  measures regulatory process.  Reducing the twice annual                      
  field device inspections would put the state and the                         
  division closer to a legal operation, as well as allowing                    
  the director flexibility to efficiently administer the                       
  weights and measures program.                                                
  Number 088                                                                   
  REPRESENTATIVE VEZEY asked for clarification on the                          
  frequency of inspections.                                                    
  MRS. MULDER responded that the current statutory requirement                 
  is that inspections be done semi-annually, but that, because                 
  of the budget constraints, those inspections are only being                  
  done annually, although some inspections are being done                      
  Number 102                                                                   
  REPRESENTATIVE VEZEY asked if the measuring devices drift                    
  considerably more if there is one year between calibrations.                 
  Number 105                                                                   
  MRS. MULDER responded that as long as the devices are tested                 
  and sealed, and the seals are not tampered with, there will                  
  be very little problem with enforcement.                                     
  Number 113                                                                   
  REPRESENTATIVE VEZEY stated that the question was not one of                 
  legality, but of the technical accuracy of the measuring                     
  Number 118                                                                   
  MRS. MULDER responded that the answer was no; there is very                  
  little variation between six months and one year in the                      
  accuracy of the scales, as long as the seal has not been                     
  tampered with.                                                               
  Number 128                                                                   
  REPRESENTATIVE VEZEY asked if there are reports from the                     
  National Standards Institute which indicate that once a year                 
  is a reasonable frequency of calibration.                                    
  Number 131                                                                   
  MRS. MULDER responded in the negative, stating that she only                 
  has the data from her directors.                                             
  Number 141                                                                   
  REPRESENTATIVE VEZEY stated that he had asked because of the                 
  problem with federal oversight, and that the feds require                    
  more frequent calibration, but his understanding from Mrs.                   
  Mulder was that she had data which reassured the department                  
  that the consumers would be at little risk if scales were                    
  only calibrated annually.                                                    
  Number 151                                                                   
  MRS. MULDER responded that Representative Vezey's                            
  understanding was in fact what the DCED believes is the                      
  case.  She added that it must be remembered that the DCED                    
  has, since 1986, only been doing the                                         
  inspections/calibrations once a year, although some places                   
  do get them twice a year.  She also stated that the                          
  department feels that it's not the calibration that is the                   
  biggest concern.                                                             
  Number 160                                                                   
  REPRESENTATIVE VEZEY stated that he could see the truckers                   
  descending upon the legislature en masse if they felt that                   
  any weight was being deprived them due to faulty scales.                     
  MRS. MULDER responded that truck scales are done more often;                 
  the intent here is to not have to go to Nakanak twice a year                 
  to check the fish scales.                                                    
  Number 183                                                                   
  REPRESENTATIVE VEZEY stated that it seems like it would                      
  behoove everyone to have a provision allowing for an                         
  independent agency to perform the inspections.                               
  Number 193                                                                   
  MRS. MULDER responded that she had no problem with that.                     
  Number 197                                                                   
  REPRESENTATIVE DAVIS asked if there were currently contract                  
  operators who do calibration.                                                
  Number 201                                                                   
  MRS. MULDER and REPRESENTATIVE VEZEY both responded in the                   
  Number 207                                                                   
  REPRESENTATIVE DAVIS asked if Section 2 relates to truck                     
  scales, and if the change to annually would also apply to                    
  that statute.                                                                
  Number 223                                                                   
  MRS. MULDER responded that Section 2 just gives the                          
  department the right to enforce this chapter in cases of                     
  Number 236                                                                   
  REPRESENTATIVE DAVIS asked if Section 2 came about like EO                   
  89, and if there was less interest from the administration                   
  in transferring this due to their feelings regarding EO 89.                  
  Number 246                                                                   
  MRS. MULDER responded that EO 89 dealt primarily with the                    
  trucking issue, and the DCED already has enforcement powers                  
  for the trucks; SB 152 would give it enforcement powers for                  
  the other scales.  She concluded that she didn't think this                  
  was a concern for the administration like EO 89 had been.                    
  Number 250                                                                   
  REPRESENTATIVE MULDER asked Mrs. Mulder to explain Section                   
  Number 254                                                                   
  MRS. MULDER explained that Section 2 clarifies offenses and                  
  penalties in cases of violation regarding the use of certain                 
  weighing devices.                                                            
  REPRESENTATIVE VEZEY stated that he hoped we wouldn't be                     
  inadvertently grabbing batch plants in this legislation, and                 
  referred to buying concrete not by the pound but by the                      
  MRS. MULDER said that hadn't been a problem; no one had ever                 
  screamed and yelled about that, and this bill had made it                    
  all the way through the Senate.                                              
  Number 278                                                                   
  REPRESENTATIVE VEZEY responded that we all know the Senate                   
  doesn't understand the problem.                                              
  Number 280                                                                   
  REPRESENTATIVE DAVIS suggested that the next committee look                  
  into Representative Vezey's asphalt concern.                                 
  Number 285                                                                   
  REPRESENTATIVE HUDSON moved that SB 152 be passed from                       
  committee with individual recommendations and the attached                   
  fiscal notes.                                                                
  Number 291                                                                   
  REPRESENTATIVE DAVIS asked if there were any objections.                     
  There were none, and so SB 152 was declared to be moved from                 
  Number 296                                                                   
  REPRESENTATIVE DAVIS adjourned the meeting at 6:15 p.m.                      

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