PRINTER'S NO. 1105
No. 970 Session of 1989
INTRODUCED BY LLOYD, BOYES, BURD, HESS, CORRIGAN, PETRARCA,
DISTLER, GIGLIOTTI, ROBINSON, DIETTERICK, MORRIS, TIGUE,
FAIRCHILD, HERSHEY, FARGO, TRELLO, ITKIN, PISTELLA, HALUSKA,
WILLIAMS, STABACK, RICHARDSON, TANGRETTI, JOHNSON, WOZNIAK,
CAWLEY, BELARDI, HERMAN, SEMMEL AND BATTISTO, APRIL 4, 1989
REFERRED TO COMMITTEE ON BUSINESS AND COMMERCE, APRIL 4, 1989
AN ACT
1 Amending the act of July 19, 1935 (P.L.1356, No.427), entitled,
2 as amended, "An act to regulate the sale and delivery of
3 solid fuel, as herein defined; providing for appointment of
4 licensed weighmasters; prescribing their powers and duties;
5 authorizing substitute licensed weighmasters; imposing
6 certain duties on the Department of Justice; and providing
7 penalties," further providing for the weighmaster's
8 certificate, for application for a license and for suspension
9 or revocation of a license.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 3(3) of the act of July 19, 1935
13 (P.L.1356, No.427), referred to as the Solid Fuel Weight
14 Regulation Law, amended April 21, 1949 (P.L.681, No.160), is
15 amended to read:
16 Section 3. * * *
17 (3) The original weighmaster's certificate shall be
18 typewritten or made out in ink or indelible pencil, and the
19 original and each copy thereof shall show:
20 (a) The kind, and size of the solid fuel;
1 (b) The name and address of the seller of the solid fuel;
2 (c) The name and address of the purchaser;
3 (d) The license number of the vehicle and trailer;
4 (e) The signature and license number of the licensed
5 weighmaster by whom weighed and who issued the weighmaster's
6 certificate;
7 (f) The date and hour when weighed and the address of the
8 scale on which weighed;
9 (g) The gross weight in avoirdupois pounds of vehicle and
10 loan; the tare weight and the net weight of the solid fuel, and
11 where the load is divided into lots, the net weight of each lot,
12 all of which must be determined by the same weighmaster in
13 accordance with the rules and regulations of the department,
14 except where reweighing is required by ordinance within the
15 limits of a city, borough, town or township of the first class
16 in which delivery is made, in which case the gross weight of the
17 vehicle and load shall first be determined without dumping, and
18 after the delivery of the entire load of solid fuel the vehicle
19 shall immediately return to the same scale for the determination
20 of the tare weight.
21 * * *
22 Section 2. Section 6 of the act, amended May 1, 1945
23 (P.L.355, No.148), is amended to read:
24 Section 6. (1) No person shall make or issue a
25 weighmaster's certificate of solid fuel unless licensed by the
26 department, except as otherwise provided in this act.
27 Application for such license shall be made upon a form,
28 prescribed by the department and shall show the place or places
29 where the weighmaster shall perform this function, and the type
30 and capacity of the scale or scales to be used by the applicant.
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1 The applicant shall furnish satisfactory evidence that he owns
2 or leases a scale or scales suitable for weighing the tare and
3 gross weight of a vehicle or vehicle and trailer transporting
4 solid fuel, or that he is regularly employed by the owner or
5 owners or lessee or lessees of such a scale or scales, and that
6 he is of good moral character, and of ability to weigh
7 accurately, and to make correct weight certificates. The
8 department may refer any application for a license as a
9 weighmaster to any city or county inspector of weights and
10 measures for report as to the accuracy of the statements made
11 therein, the suitability of the scale, the moral character of
12 the applicant and such other information as the department may
13 require. The applicant shall pay a license fee of five dollars
14 ($5.00) to the department, for remittance to the State Treasurer
15 through the Department of Revenue, and the State Treasurer shall
16 return annually two dollars and fifty cents ($2.50) of each such
17 fee to the treasurer of the city or county wherein such scale is
18 located. The license shall be for a period of one year from the
19 date of issue. A license may be renewed in the discretion of the
20 department for successive periods of not exceeding one year
21 each, upon payment of a license fee of five dollars ($5.00) to
22 the department for remittance to the State Treasurer through the
23 Department of Revenue, and the State Treasurer shall return
24 annually two dollars and fifty cents ($2.50) of each such fee to
25 the treasurer of the city or county wherein such scale is
26 located. In all cases where the county inspector of weights and
27 measures also serves as such in any city, the two dollars and
28 fifty cents ($2.50) required to be returned to the city, or
29 county, either for a new license or a renewal license, shall be
30 paid to the county notwithstanding the fact that the scale is
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1 located in such city, and in all cases where there is an
2 agreement between any county and any city for the inspection of
3 weights and measures in such city, such payment shall be divided
4 between the county and the city in such proportions, as under
5 such agreement, the county and the city share the cost of
6 inspection.
7 (1.1) Each license shall be kept conspicuously displayed at
8 the place where the weighmaster is engaged in weighing. In the
9 event of the change of any name or address appearing on any
10 application the licensed weighmaster shall notify the department
11 of such change within forty-eight hours.
12 A license may be suspended or revoked by the department after
13 hearing, upon due notice to the licensee, for dishonesty,
14 incompetency, inaccuracy, or failure to notify the department of
15 any change of name or address stated in his application, and may
16 be revoked by the department without hearing, if the licensed
17 weighmaster has been found guilty of any violation of the
18 provisions of this act, or where the licensed weighmaster has
19 ceased to be employed at the place or places of weighing for
20 which the license has been issued. Upon the revocation of a
21 weighmaster's license the forms of weighmaster's certificates in
22 his possession shall immediately be surrendered to the
23 department.
24 (2) Where a license has been suspended or revoked, another
25 licensed weighmaster shall be authorized to substitute, at the
26 place for which said suspension, or revocation was made, for
27 five successive days pending disposition by the department of a
28 new application for license of a new applicant as weighmaster,
29 at the place for which the license has been suspended or
30 revoked.
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1 (3) In case of the decease, absence or inability to act of a
2 licensed weighmaster the owner of the scales may substitute for
3 such deceased, absent or disabled weighmaster, another
4 weighmaster in his employ, and duly certified as such under the
5 provisions of this act: Provided, That immediate notice of such
6 substitution be reported by said owner to the department: And
7 further provided, That any such substituted weighmaster shall
8 not be authorized to continue as weighmaster at the place of
9 substitution for a period in excess of thirty days without the
10 written consent of the department.
11 Whenever any bordering state requiring licenses and weight
12 certificates for solid fuel recognizes licenses and accepts
13 weight certificates issued by licensees of this Commonwealth,
14 such licenses and weight certificates of such state shall be
15 recognized and accepted in this Commonwealth.
16 Section 3. This act shall take effect in 60 days.
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