SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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

SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, SEPTEMBER 25, 2012   

AN ACT

Amending Title 3 (Agriculture) of the Pennsylvania Consolidated

Statutes, adding the definitions of "certified parking meter

inspector" and "local government unit"; further providing for

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specific powers and duties of department and regulations; and 

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providing for certified parking meter inspectors and for 

general testing and inspections; and making editorial

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changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 4102 of Title 3 of the Pennsylvania

Consolidated Statutes is amended by adding definitions to read:

§ 4102.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

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"Certified parking meter inspector."  An individual employee

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of a local government unit individual who is certified by the

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Department of Agriculture to inspect and certify the accuracy of

parking meters.

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"Local government unit."  Any city, borough, township or town

or any home rule municipality, optional charter municipality or

similar general purpose unit of government which may be created

or authorized by statute.

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Section 1.1.  Section 4110(a)(4) of Title 3 is amended to

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read:

Section 1.1.  Section 4110(a)(4) and (d) of Title 3 are

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amended to read:

§ 4110.  Specific powers and duties of department; regulations.

(a)  Regulations.--The department shall issue from time to

time regulations for the enforcement and administration of this

subchapter, which regulations, upon being promulgated pursuant

to law, shall have the force and effect of law. These

regulations may include:

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(4)  Institution of a program containing standards

whereby individuals shall be department-certified as

Certified Examiners of Weights and Measures. Certification

under such program may be for a given category or categories

of measuring or weighing devices or for a particular type of

device except for commercially used truck-mounted fuel oil

meters and retail motor fuel dispensers. The department shall

certify only such individuals who:

(i)  successfully complete the appropriate training

course or courses prescribed by the National Institute of

Standards and Technology for the type of certification

sought and who comply with departmental certification

standards promulgated under this paragraph; and

(ii)  do not have an ownership interest in or are not

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an employee or agent of a company or business entity

subject to testing or inspection by a Certified Examiner

of Weights and Measures under this chapter are not the

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owner or lessee of the devices tested and inspected, or

an employee or agent of the owner or lessee of the

devices tested and inspected.

Any program instituted under this paragraph shall include

testing and inspection performance standards, reporting

procedures, random inspection and testing by [State] 

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inspectors [of weights and measures] of a sample of devices

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inspected and tested by Certified Examiners of Weights and

Measures and any other type of standards or procedures the

department deems necessary to implement the program.

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(d)  Reports.--On or before March 1 of each year after the

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effective date of this subsection, the department shall submit a

report to the Agriculture and Rural Affairs Committee of the

Senate and the Agriculture and Rural Affairs Committee of the

House of Representatives which shall describe all relevant

activities of [State] inspectors [of weights and measures],

Certified Examiners of Weights and Measures and city and county

sealers of weights and measures for the preceding calendar year.

The report shall contain, at a minimum, the following:

(1)  An identification of the regions of this

Commonwealth served by [State] inspectors and city and county

sealers of weights and measures and the number of such

inspectors and city and county sealers of weights and

measures in each region.

(2)  The number of inspections made by each [State]

inspector, Certified Examiners of Weights and Measures and

city and county sealers of weights and measures.

(3)  The number and nature of enforcement actions

initiated by each [State] inspector and city and county

sealers of weights and measures.

(4)  The disposition of each enforcement action,

including the number and nature of warnings issued by each

[State] inspector and city and county sealers of weights and

measures.

Section 2.  Section 4112 4112(b) and (c) of Title 3 are

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amended and the section is amended by adding a subsection 

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subsections to read:

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§ 4112.  General testing and inspections.

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(b)  [Annual inspections] Inspections.--Notwithstanding

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subsection (a), it shall be the duty of the department at [least

once within a 12-month period, or more frequently if deemed

necessary] intervals not greater than 18 months, to assure that

all commercially used [small capacity retail computing scales,

retail package shipping scales,] vehicle scales, [small platform

scales which weigh items to 1,000 pounds,] truck-mounted fuel

oil meters, truck-mounted liquid petroleum gas meters,

compressed natural gas meters and retail motor fuel dispensers

are inspected and tested to ascertain if they are correct. The

department may accept reports of Certified Examiners of Weights

and Measures as sufficient to meet the inspection and testing

[requirements of this subsection] regulations promulgated under

section 4110(a)(4) (relating to specific powers and duties of

department; regulations), provided such inspection and testing

is performed in accordance with all applicable standards and

procedures adopted under section 4110(a)(4) [(relating to

specific powers and duties of department; regulations)],

provided that [State] inspectors [of weights and measures] shall

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conduct inspection and testing of a sample of devices inspected

and tested by Certified Examiners of Weights and Measures.

(b.1)  Time.--Unless the department is responding to a

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consumer complaint, the department shall conduct inspections of

truck-mounted fuel oil meters at a mutually agreed upon time.

The mutually agreed upon time shall not unreasonably interfere

with the delivery of fuel oil during winter months. Both parties

shall make a good faith effort to schedule the inspections.

(b.1)  Local government unit inspection (b.2)  Inspection of

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parking meters.--Notwithstanding subsections (a) and (b), (b)

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and (c) and (b), if a local government unit or, authority

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organized by a local government unit or person makes use of

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parking meters, it shall be the duty of the local government

unit or, the appropriate authority at least once within a 60-

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month period, or more frequently if deemed necessary by the

local government unit or authority responsible for conducting

the inspections or the person at intervals not greater than 60

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months, to assure that all such parking meters are inspected and

tested to ascertain if they are correct. The local government

unit or, appropriate authority or person may accept reports of

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certified parking meter inspectors as sufficient to meet the

inspection and testing requirements of this subsection if an

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inspector conducts inspection and testing of a sample of devices

inspected and tested by certified parking meter inspectors. The

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department shall make investigations of parking meters under

section 4116 (relating to investigations).

(c)  General testing and inspection of scanning devices.--

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Notwithstanding any other provision of this chapter to the

contrary, [within the 12-month period ending on June 30, 1999,

and every 12-month period thereafter,] the department shall test

and inspect [to ascertain if they are correct] all commercially

used Universal Product Code scanning systems and Price Look Up

devices at intervals not greater than 36 months to ascertain if

they are correct. A city or county may test and inspect such

devices and systems if specified in its memorandum of

understanding entered into with the department in accordance

with section 4125 (relating to division of responsibilities).

Such devices and systems shall be exempt from the [annual] 

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triennial testing and inspection requirements of this subsection

if the device or system is inspected at least annually on an

unannounced basis as part of a private certification program

which conforms with the examination procedures for price

verification as adopted by the National Conference of Weights

and Measures.

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Section 3.  Section 4115 of Title 3 is amended to read:

§ 4115.  Training program.

(a)  Inspectors and county and city sealers.--The department

shall establish by regulation minimum training which shall be

required to be met by all inspectors and county and city

sealers. The department shall adopt the training program

prescribed by the National Institute of Standards and Technology

for inspectors and sealers of weights and measures.

(b)  Certified parking meter inspectors.--The department

shall have the authority to promulgate regulations that

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establish training and certification requirements and procedures

for certified parking meter inspectors. Prior to the

promulgation of regulations under this subsection, the

department may issue a temporary order establishing training and

certification requirements and procedures for certified parking

meter inspectors. A temporary order shall not be effective until

on or after it is published in the Pennsylvania Bulletin and

shall remain in effect for no more than one year, unless

reissued or supplanted sooner by regulations.

Section 4.  All acts and parts of acts are repealed insofar

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as they are inconsistent with this act.

Section 4 5.  This act shall take effect in 90 days 

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immediately.

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