| SENATE AMENDED |
| PRIOR PRINTER'S NO. 3531 | PRINTER'S NO. 3782 |
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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 VOGEL, AGRICULTURE AND RURAL AFFAIRS, IN SENATE, AS AMENDED, JUNE 19, 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. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Section 4102 of Title 3 of the Pennsylvania |
10 | Consolidated Statutes is amended by adding definitions to read: |
11 | § 4102. Definitions. |
12 | The following words and phrases when used in this chapter |
13 | shall have the meanings given to them in this section unless the |
14 | context clearly indicates otherwise: |
15 | * * * |
16 | "Certified parking meter inspector." An individual employee | <-- |
17 | of a local government unit who is certified by the Department of |
18 | Agriculture to inspect and certify the accuracy of parking |
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1 | meters. |
2 | * * * |
3 | "Local government unit." Any city, borough, township or town |
4 | or any home rule municipality, optional charter municipality or |
5 | similar general purpose unit of government which may be created |
6 | or authorized by statute. |
7 | * * * |
8 | Section 1.1. Section 4110(a)(4) of Title 3 is amended to | <-- |
9 | read: |
10 | § 4110. Specific powers and duties of department; regulations. |
11 | (a) Regulations.--The department shall issue from time to |
12 | time regulations for the enforcement and administration of this |
13 | subchapter, which regulations, upon being promulgated pursuant |
14 | to law, shall have the force and effect of law. These |
15 | regulations may include: |
16 | * * * |
17 | (4) Institution of a program containing standards |
18 | whereby individuals shall be department-certified as |
19 | Certified Examiners of Weights and Measures. Certification |
20 | under such program may be for a given category or categories |
21 | of measuring or weighing devices or for a particular type of |
22 | device except for commercially used truck-mounted fuel oil |
23 | meters and retail motor fuel dispensers. The department shall |
24 | certify only such individuals who: |
25 | (i) successfully complete the appropriate training |
26 | course or courses prescribed by the National Institute of |
27 | Standards and Technology for the type of certification |
28 | sought and who comply with departmental certification |
29 | standards promulgated under this paragraph; and |
30 | (ii) do not have an ownership interest in or are not |
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1 | an employee or agent of a company or business entity |
2 | subject to testing or inspection by a Certified Examiner |
3 | of Weights and Measures under this chapter. |
4 | Any program instituted under this paragraph shall include |
5 | testing and inspection performance standards, reporting |
6 | procedures, random inspection and testing by State inspectors |
7 | of weights and measures of a sample of devices inspected and |
8 | tested by Certified Examiners of Weights and Measures and any |
9 | other type of standards or procedures the department deems |
10 | necessary to implement the program. |
11 | * * * |
12 | Section 2. Section 4112 4112(b) and (c) of Title 3 are | <-- |
13 | amended and the section is amended by adding a subsection to |
14 | 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) Local government unit inspection of parking meters.-- |
9 | Notwithstanding subsections (a) and (b), (b) and (c), if a local | <-- |
10 | government unit or authority organized by a local government |
11 | unit makes use of parking meters, it shall be the duty of the |
12 | local government unit or the appropriate authority at least once | <-- |
13 | within a 60-month period, or more frequently if deemed necessary |
14 | by the local government unit or authority responsible for |
15 | conducting the inspections at intervals not greater than 60 | <-- |
16 | months, to assure that all such parking meters are inspected and |
17 | tested to ascertain if they are correct. The local government |
18 | unit or appropriate authority may accept reports of certified |
19 | parking meter inspectors as sufficient to meet the inspection |
20 | and testing requirements of this subsection if an inspector |
21 | conducts inspection and testing of a sample of devices inspected |
22 | and tested by certified parking meter inspectors. |
23 | (c) General testing and inspection of scanning devices.-- | <-- |
24 | Notwithstanding any other provision of this chapter to the |
25 | contrary, [within the 12-month period ending on June 30, 1999, |
26 | and every 12-month period thereafter,] the department shall test |
27 | and inspect [to ascertain if they are correct] all commercially |
28 | used Universal Product Code scanning systems and Price Look Up |
29 | devices at intervals not greater than 36 months to ascertain if |
30 | they are correct. A city or county may test and inspect such |
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1 | devices and systems if specified in its memorandum of |
2 | understanding entered into with the department in accordance |
3 | with section 4125 (relating to division of responsibilities). |
4 | Such devices and systems shall be exempt from the annual testing |
5 | and inspection requirements of this subsection if the device or |
6 | system is inspected at least annually on an unannounced basis as |
7 | part of a private certification program which conforms with the |
8 | examination procedures for price verification as adopted by the |
9 | National Conference of Weights and Measures. |
10 | * * * |
11 | Section 3. Section 4115 of Title 3 is amended to read: |
12 | § 4115. Training program. |
13 | (a) Inspectors and county and city sealers.--The department |
14 | shall establish by regulation minimum training which shall be |
15 | required to be met by all inspectors and county and city |
16 | sealers. The department shall adopt the training program |
17 | prescribed by the National Institute of Standards and Technology |
18 | for inspectors and sealers of weights and measures. |
19 | (b) Certified parking meter inspectors.--The department |
20 | shall have the authority to promulgate regulations that |
21 | establish training and certification requirements and procedures |
22 | for certified parking meter inspectors. Prior to the |
23 | promulgation of regulations under this subsection, the |
24 | department may issue a temporary order establishing training and |
25 | certification requirements and procedures for certified parking |
26 | meter inspectors. A temporary order shall not be effective until |
27 | on or after it is published in the Pennsylvania Bulletin and |
28 | shall remain in effect for no more than one year, unless |
29 | reissued or supplanted sooner by regulations. |
30 | Section 4. All acts and parts of acts are repealed insofar | <-- |
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1 | as they are inconsistent with this act. |
2 | Section 4 5. This act shall take effect in 90 days | <-- |
3 | immediately. | <-- |
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