| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 3531, 3782 | PRINTER'S NO. 4085 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MACKENZIE, HANNA, EVERETT, BAKER, CALTAGIRONE, CONKLIN, GEORGE, GINGRICH, LAWRENCE, MAHER, MARSHALL, MILLARD, MILLER, PICKETT, K. SMITH, GIBBONS, M. K. KELLER, SONNEY AND MURT, MAY 16, 2012 |
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| SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, SEPTEMBER 25, 2012 |
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| AN ACT |
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1 | Amending Title 3 (Agriculture) of the Pennsylvania Consolidated |
2 | Statutes, adding the definitions of "certified parking meter |
3 | inspector" and "local government unit"; further providing for | <-- |
4 | specific powers and duties of department and regulations; and | <-- |
5 | providing for certified parking meter inspectors and for |
6 | general testing and inspections; and making editorial | <-- |
7 | changes. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Section 4102 of Title 3 of the Pennsylvania |
11 | Consolidated Statutes is amended by adding definitions to read: |
12 | § 4102. Definitions. |
13 | The following words and phrases when used in this chapter |
14 | shall have the meanings given to them in this section unless the |
15 | context clearly indicates otherwise: |
16 | * * * |
17 | "Certified parking meter inspector." An individual employee | <-- |
18 | of a local government unit individual who is certified by the | <-- |
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1 | Department of Agriculture to inspect and certify the accuracy of |
2 | parking meters. |
3 | * * * |
4 | "Local government unit." Any city, borough, township or town |
5 | or any home rule municipality, optional charter municipality or |
6 | similar general purpose unit of government which may be created |
7 | or authorized by statute. |
8 | * * * |
9 | Section 1.1. Section 4110(a)(4) of Title 3 is amended to | <-- |
10 | read: |
11 | Section 1.1. Section 4110(a)(4) and (d) of Title 3 are | <-- |
12 | amended to read: |
13 | § 4110. Specific powers and duties of department; regulations. |
14 | (a) Regulations.--The department shall issue from time to |
15 | time regulations for the enforcement and administration of this |
16 | subchapter, which regulations, upon being promulgated pursuant |
17 | to law, shall have the force and effect of law. These |
18 | regulations may include: |
19 | * * * |
20 | (4) Institution of a program containing standards |
21 | whereby individuals shall be department-certified as |
22 | Certified Examiners of Weights and Measures. Certification |
23 | under such program may be for a given category or categories |
24 | of measuring or weighing devices or for a particular type of |
25 | device except for commercially used truck-mounted fuel oil |
26 | meters and retail motor fuel dispensers. The department shall |
27 | certify only such individuals who: |
28 | (i) successfully complete the appropriate training |
29 | course or courses prescribed by the National Institute of |
30 | Standards and Technology for the type of certification |
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1 | sought and who comply with departmental certification |
2 | standards promulgated under this paragraph; and |
3 | (ii) do not have an ownership interest in or are not | <-- |
4 | an employee or agent of a company or business entity |
5 | subject to testing or inspection by a Certified Examiner |
6 | of Weights and Measures under this chapter are not the | <-- |
7 | owner or lessee of the devices tested and inspected, or |
8 | an employee or agent of the owner or lessee of the |
9 | devices tested and inspected. |
10 | Any program instituted under this paragraph shall include |
11 | testing and inspection performance standards, reporting |
12 | procedures, random inspection and testing by [State] | <-- |
13 | inspectors [of weights and measures] of a sample of devices | <-- |
14 | inspected and tested by Certified Examiners of Weights and |
15 | Measures and any other type of standards or procedures the |
16 | department deems necessary to implement the program. |
17 | * * * |
18 | (d) Reports.--On or before March 1 of each year after the | <-- |
19 | effective date of this subsection, the department shall submit a |
20 | report to the Agriculture and Rural Affairs Committee of the |
21 | Senate and the Agriculture and Rural Affairs Committee of the |
22 | House of Representatives which shall describe all relevant |
23 | activities of [State] inspectors [of weights and measures], |
24 | Certified Examiners of Weights and Measures and city and county |
25 | sealers of weights and measures for the preceding calendar year. |
26 | The report shall contain, at a minimum, the following: |
27 | (1) An identification of the regions of this |
28 | Commonwealth served by [State] inspectors and city and county |
29 | sealers of weights and measures and the number of such |
30 | inspectors and city and county sealers of weights and |
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1 | measures in each region. |
2 | (2) The number of inspections made by each [State] |
3 | inspector, Certified Examiners of Weights and Measures and |
4 | city and county sealers of weights and measures. |
5 | (3) The number and nature of enforcement actions |
6 | initiated by each [State] inspector and city and county |
7 | sealers of weights and measures. |
8 | (4) The disposition of each enforcement action, |
9 | including the number and nature of warnings issued by each |
10 | [State] inspector and city and county sealers of weights and |
11 | measures. |
12 | Section 2. Section 4112 4112(b) and (c) of Title 3 are | <-- |
13 | amended and the section is amended by adding a subsection | <-- |
14 | subsections to read: | <-- |
15 | § 4112. General testing and inspections. |
16 | * * * |
17 | (b) [Annual inspections] Inspections.--Notwithstanding | <-- |
18 | subsection (a), it shall be the duty of the department at [least |
19 | once within a 12-month period, or more frequently if deemed |
20 | necessary] intervals not greater than 18 months, to assure that |
21 | all commercially used [small capacity retail computing scales, |
22 | retail package shipping scales,] vehicle scales, [small platform |
23 | scales which weigh items to 1,000 pounds,] truck-mounted fuel |
24 | oil meters, truck-mounted liquid petroleum gas meters, |
25 | compressed natural gas meters and retail motor fuel dispensers |
26 | are inspected and tested to ascertain if they are correct. The |
27 | department may accept reports of Certified Examiners of Weights |
28 | and Measures as sufficient to meet the inspection and testing |
29 | [requirements of this subsection] regulations promulgated under |
30 | section 4110(a)(4) (relating to specific powers and duties of |
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1 | department; regulations), provided such inspection and testing |
2 | is performed in accordance with all applicable standards and |
3 | procedures adopted under section 4110(a)(4) [(relating to |
4 | specific powers and duties of department; regulations)], |
5 | provided that [State] inspectors [of weights and measures] shall | <-- |
6 | conduct inspection and testing of a sample of devices inspected |
7 | and tested by Certified Examiners of Weights and Measures. |
8 | (b.1) Time.--Unless the department is responding to a | <-- |
9 | consumer complaint, the department shall conduct inspections of |
10 | truck-mounted fuel oil meters at a mutually agreed upon time. |
11 | The mutually agreed upon time shall not unreasonably interfere |
12 | with the delivery of fuel oil during winter months. Both parties |
13 | shall make a good faith effort to schedule the inspections. |
14 | (b.1) Local government unit inspection (b.2) Inspection of | <-- |
15 | parking meters.--Notwithstanding subsections (a) and (b), (b) | <-- |
16 | and (c) and (b), if a local government unit or, authority | <-- |
17 | organized by a local government unit or person makes use of | <-- |
18 | parking meters, it shall be the duty of the local government |
19 | unit or, the appropriate authority at least once within a 60- | <-- |
20 | month period, or more frequently if deemed necessary by the |
21 | local government unit or authority responsible for conducting |
22 | the inspections or the person at intervals not greater than 60 | <-- |
23 | months, to assure that all such parking meters are inspected and |
24 | tested to ascertain if they are correct. The local government |
25 | unit or, appropriate authority or person may accept reports of | <-- |
26 | certified parking meter inspectors as sufficient to meet the |
27 | inspection and testing requirements of this subsection if an | <-- |
28 | inspector conducts inspection and testing of a sample of devices |
29 | inspected and tested by certified parking meter inspectors. The | <-- |
30 | department shall make investigations of parking meters under |
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1 | section 4116 (relating to investigations). |
2 | (c) General testing and inspection of scanning devices.-- | <-- |
3 | Notwithstanding any other provision of this chapter to the |
4 | contrary, [within the 12-month period ending on June 30, 1999, |
5 | and every 12-month period thereafter,] the department shall test |
6 | and inspect [to ascertain if they are correct] all commercially |
7 | used Universal Product Code scanning systems and Price Look Up |
8 | devices at intervals not greater than 36 months to ascertain if |
9 | they are correct. A city or county may test and inspect such |
10 | devices and systems if specified in its memorandum of |
11 | understanding entered into with the department in accordance |
12 | with section 4125 (relating to division of responsibilities). |
13 | Such devices and systems shall be exempt from the [annual] | <-- |
14 | triennial testing and inspection requirements of this subsection |
15 | if the device or system is inspected at least annually on an |
16 | unannounced basis as part of a private certification program |
17 | which conforms with the examination procedures for price |
18 | verification as adopted by the National Conference of Weights |
19 | and Measures. |
20 | * * * |
21 | Section 3. Section 4115 of Title 3 is amended to read: |
22 | § 4115. Training program. |
23 | (a) Inspectors and county and city sealers.--The department |
24 | shall establish by regulation minimum training which shall be |
25 | required to be met by all inspectors and county and city |
26 | sealers. The department shall adopt the training program |
27 | prescribed by the National Institute of Standards and Technology |
28 | for inspectors and sealers of weights and measures. |
29 | (b) Certified parking meter inspectors.--The department |
30 | shall have the authority to promulgate regulations that | <-- |
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1 | establish training and certification requirements and procedures |
2 | for certified parking meter inspectors. Prior to the |
3 | promulgation of regulations under this subsection, the |
4 | department may issue a temporary order establishing training and |
5 | certification requirements and procedures for certified parking |
6 | meter inspectors. A temporary order shall not be effective until |
7 | on or after it is published in the Pennsylvania Bulletin and |
8 | shall remain in effect for no more than one year, unless |
9 | reissued or supplanted sooner by regulations. |
10 | Section 4. All acts and parts of acts are repealed insofar | <-- |
11 | as they are inconsistent with this act. |
12 | Section 4 5. This act shall take effect in 90 days | <-- |
13 | immediately. | <-- |
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