KS
Kansas House Bill HB2255

Kansas 2025-2026 Regular Session

Kansas House Bill HB2255 Compare Versions

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1+Session of 2025
12 HOUSE BILL No. 2255
2-AN ACT concerning the Kansas department of agriculture; relating to weights and
3-measures; consolidating chapter 83 definitions into a single section; defining device
4-for weighing, measuring or both; increasing the minimum fee per invoice from $50 to
5-$70; authorizing licensed service companies and city or county departments of
6-weights and measures to remove rejection tags for test or repair purposes; requiring
7-any such entity to replace the rejection tag with a substitute if the device or
8-equipment cannot be repaired and notify the secretary; requiring persons desiring to
9-operate as a service company to obtain a license; establishing fees and procedures for
10-such licensure; requiring nonresident service companies to designate a resident agent;
11-requiring technical representatives to be licensed, attend continuing education
12-seminars and pass an examination; authorizing the secretary to charge a fee for
13-continuing education seminars; prohibiting service companies from receiving or
14-renewing a license until their weights or measures, or both, are tested and sealed;
15-authorizing the secretary to accept a calibration certificate in lieu of a test;
16-authorizing the secretary to revoke, suspend, decline to renew or decline to issue a
17-service company or technical representative license after notice and hearing for
18-certain violations; requiring weights or measurers, or both used commercially to be
19-tested and inspected annually by a licensed technical representative, an authorized
20-city or county representative or the secretary; requiring test weights or equipment
21-used in grain elevators to be approved and sealed annually, or every three years for
22-those with a nominal capacity of 250 pounds or greater; requiring reports of tests and
23-inspections to be furnished to the owner or operator and the secretary within 10 days;
24-relating to the Kansas conservation reserve enhancement program; increasing the
25-acreage cap for CREPs from 40,000 to 60,000 acres; clarifying the county acreage
26-cap for CREPs and that the last eligible offer for enrollment exceeding applicable
27-acreage caps may be approved; removing the limitation on acres eligible for CREP
28-enrollment based on expired federal contracts; adding a general ineligibility criterion
29-based on federal ineligibility; allowing CREP contracts for dryland farming or limited
30-irrigation for water quantity goals; removing the prohibition on participation in CREP
31-for government-owned water rights; clarifying current CREP criteria related to water
32-right usage, sanctions and reporting; allowing exceptions to eligibility criteria based
33-on factors such as location in high-priority water conservation areas, high-flow
34-capacity wells, circumstances like bankruptcy or probate and enrollment in other
35-water conservation programs; modifying the reporting requirements to cover the
36-preceding five years; amending K.S.A. 2-1933, 83-201, 83-202, 83-207, 83-208, 83-
37-214, 83-215, 83-216, 83-217, 83-218, 83-219, 83-220, 83-221, 83-222, 83-224, 83-
38-225, 83-304, 83-305, 83-404, 83-405 and 83-501 and repealing the existing sections;
39-also repealing K.S.A. 83-149, 83-154, 83-155, 83-301, 83-302, 83-303, 83-308, 83-
40-311, 83-326, 83-401, 83-402, 83-403, 83-407, 83-409, 83-410, 83-411 and 83-502.
3+By Committee on Agriculture and Natural Resources
4+Requested by Kelsey Olson on behalf of the Kansas Department of Agriculture
5+2-4
6+AN ACT concerning weights and measures; consolidating chapter 83
7+definitions into a single section; defining device for weighing,
8+measuring or both; increasing the minimum fee per invoice from $50 to
9+$70; authorizing licensed service companies and city or county
10+departments of weights and measures to remove rejection tags for test
11+or repair purposes; requiring any such entity to replace the rejection tag
12+with a substitute if the device or equipment cannot be repaired and
13+notify the secretary; requiring persons desiring to operate as a service
14+company to obtain a license; establishing fees and procedures for such
15+licensure; requiring nonresident service companies to designate a
16+resident agent; requiring technical representatives to be licensed, attend
17+continuing education seminars and pass an examination; authorizing
18+the secretary to charge a fee for continuing education seminars;
19+prohibiting service companies from receiving or renewing a license
20+until their weights or measures, or both, are tested and sealed;
21+authorizing the secretary to accept a calibration certificate in lieu of a
22+test; authorizing the secretary to revoke, suspend, decline to renew or
23+decline to issue a service company or technical representative license
24+after notice and hearing for certain violations; requiring weights or
25+measurers, or both used commercially to be tested and inspected
26+annually by a licensed technical representative, an authorized city or
27+county representative or the secretary; requiring test weights or
28+equipment used in grain elevators to be approved and sealed annually,
29+or every three years for those with a nominal capacity of 250 pounds or
30+greater; requiring reports of tests and inspections to be furnished to the
31+owner or operator and the secretary within 10 days; requiring electric
32+vehicle supply equipment used commercially to be tested and inspected
33+annually; requiring reports of tests and inspections of electric vehicle
34+supply equipment to be furnished to the owner or operator and the
35+secretary within 10 days; requiring electric vehicle supply equipment
36+found to be inaccurate to be withdrawn from use until repaired and
37+such equipment has met tolerances and specifications; requiring service
38+companies to keep copies of reports for electric vehicle supply
39+equipment; amending K.S.A. 83-201, 83-202, 83-207, 83-208, 83-214,
40+83-215, 83-216, 83-217, 83-218, 83-219, 83-220, 83-221, 83-222, 83-
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75+35 HB 2255 2
76+224, 83-225, 83-304, 83-305, 83-404, 83-405 and 83-501 and repealing
77+the existing sections; also repealing K.S.A. 83-149, 83-154, 83-155,
78+83-301, 83-302, 83-303, 83-308, 83-311, 83-326, 83-401, 83-402, 83-
79+403, 83-407, 83-409, 83-410, 83-411 and 83-502.
4180 Be it enacted by the Legislature of the State of Kansas:
42-Section 1. K.S.A. 2-1933 is hereby amended to read as follows: 2-
43-1933. (a) As used in this section, "division" means the division of
44-conservation established within the Kansas department of agriculture in
45-K.S.A. 74-5,126, and amendments thereto.
46-(b) The division shall administer the conservation reserve
47-enhancement program (CREP) on behalf of the state of Kansas
48-pursuant to agreements with the United States department of agriculture
49-for the purpose of implementing beneficial water quality and water
50-quantity projects concerning agricultural lands within targeted
51-watersheds to be enrolled in CREP.
52-(c) There is hereby established in the state treasury the Kansas
53-conservation reserve enhancement program fund, which shall be
54-administered by the division. All expenditures from the Kansas
55-conservation reserve enhancement program fund shall be for the
56-implementation of CREP pursuant to agreements between the state of
57-Kansas and the United States department of agriculture. All
58-expenditures from such fund shall be made in accordance with
59-appropriation acts upon warrants of the director of accounts and reports
60-issued pursuant to vouchers approved by the secretary of agriculture or
61-by the secretary's designee.
62-(d) The division may request the assistance of other state agencies,
63-Kansas state university, local governments and private entities in the
64-implementation of CREP.
65-(e) The division may receive and expend moneys from the federal
66-or state government or private sources for the purpose of carrying out
67-the provisions of this section. All moneys received shall be remitted to
68-the state treasurer in accordance with the provisions of K.S.A. 75-4215,
69-and amendments thereto. Upon receipt of each such remittance, the
70-state treasurer shall deposit the entire amount in the state treasury to the
71-credit of the Kansas conservation reserve enhancement program fund.
72-The division shall carry over unexpended moneys in the Kansas HOUSE BILL No. 2255—page 2
73-conservation reserve enhancement program fund from one fiscal year to
74-the next.
75-(f) The division may enter into cost-share contracts with
76-landowners that will result in fulfilling specific objectives of projects
77-approved in agreements between the United States department of
78-agriculture and the state of Kansas.
79-(g) The division shall administer all CREPs in Kansas subject to
80-the following criteria:
81-(1) The aggregate total number of acres enrolled in Kansas in all
82-CREPs shall not exceed 40,000 60,000 acres, except that the last
83-eligible offer for enrollment that will exceed the 60,000-acre cap may
84-be approved;
85-(2) the number of acres eligible for enrollment in CREP in Kansas
86-shall be limited to
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88-/2 of the number of acres represented by federal
89-contracts in the federal conservation reserve program that have expired
90-in the prior year in counties within the particular CREP area, except
91-that if federal law permits the lands enrolled in the CREP program to be
92-used for agricultural purposes, such as planting agricultural
93-commodities, including, but not limited to, grains, cellulosic or biomass
94-materials, alfalfa, grasses or legumes, but not including cover crops,
95-then the number of acres eligible for enrollment shall be limited to the
96-number of acres represented by contracts in the federal conservation
97-reserve program that have expired in the prior year in counties within
98-the specific CREP area;
99-(3) no more than 25% of the acreage in CREP may be in any one
100-county, except that the last eligible offer to exceed the number of acres
101-constituting a 25% acreage cap in any one county shall be approvedthe
102-aggregate total number of acres enrolled in all CREPs in any one
103-Kansas county shall not exceed 20% of the statewide acreage cap set
104-forth in paragraph (1), except that the last eligible offer to exceed such
105-cap in any one county may be approved;
106-(4)(3) no whole-field enrollments shall be accepted into a CREP
107-established for water quality purposes; and
108-(5) lands enrolled in the federal conservation reserve program as
109-of January 1, 2008,
110-(4) an acreage shall not be eligible for enrollment in CREP if it is
111-otherwise ineligible for enrollment under federal law; and
112-(5) not more than 1,600 acres may be enrolled in CREP in one
113-county in the same calendar year unless the secretary of agriculture, in
114-consultation with the chief engineer of the division of water resources,
115-certifies that the chief engineer has determined:
116-(A) That the acreage is in an area where an impairment is
117-occurring and enrolling the acreage in the conservation reserve
118-enhancement program will be responsive to the impairment; or
119-(B) that the acreage is less than five miles from a portion of the
120-aquifer with less than 10 years of usable life.
121-(h) (1) For a CREP established with the purpose of meeting water
122-quantity goals, If approved by the United States department of
123-agriculture, the division may, in accordance with subsection (i),
124-approve a CREP contract that allows for the establishment of native
125-grasses, routine grazing, dryland farming or limited irrigation
126-practices for the purpose of meeting water quantity goals.
127-(i) The division shall administer such each CREP established for
128-the purpose of meeting water quantity goals in accordance with the
129-following additional criteria:(A) No water right that is owned by a
130-governmental entity shall be purchased or retired by the state or federal
131-government pursuant to CREP; and
132-(B) only water rights in good standing are eligible for inclusion
133-under CREP.
134-(2) To be a water right in good standing:
135-(A) At least 50% of the maximum annual quantity authorized to
136-be diverted under the water right that has been used in any three years
137-within the most recent five-year period preceding the submission for
138-which irrigation water use reports are approved and made available by HOUSE BILL No. 2255—page 3
139-the division of water resources of the Kansas department of agriculture;
140-(B) the water rights used for the acreage in CREP during the most
141-recent five-year period preceding the submission for which irrigation
142-water use reports are approved and made available by the division of
143-water resources shall not have: (i) Exceeded the maximum annual
144-quantity authorized to be diverted; and (ii) been the subject of
145-enforcement sanctions by the division of water resources; and
146-(C) the water right holder has submitted the required annual water
147-use report required under K.S.A. 82a-732, and amendments thereto, for
148-each of the most recent 10 years
149-(1) All acreage that is an authorized place of use of an irrigation
150-water right and is proposed to be enrolled in CREP shall have been
151-irrigated at a rate of not less than
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153-/2 acre-foot per acre per year for
154-three out of the five years immediately preceding the year that the
155-acreage is offered for enrollment, as determined by the division;
156-(2) the water right or water rights used for the acreage proposed
157-to be enrolled in CREP shall not have been the subject of any sanctions
158-or penalties by the division of water resources that are in effect or
159-pending determination at the time that the acreage is offered for
160-enrollment; and
161-(3) the owner of the water right or water rights for which the
162-acreage that is proposed to be enrolled in CREP is an authorized place
163-of use or the water use correspondent for such water right shall have
164-submitted the annual water use report required pursuant to K.S.A. 82a-
165-732, and amendments thereto, for each of the most recent 10 years.
166-(i) (1)(j) The secretary, in consultation with the commission and
167-the Kansas farm service agency office, may grant exceptions to the
168-eligibility criteria outlined in subsections (g)(1) and (g)(2) if the
169-acreage proposed to be enrolled in CREP satisfies one or more of the
170-following conditions:
171-(1) Is located in an area designated as a high-priority area for
172-water conservation pursuant to K.S.A. 2024 Supp. 82a-1044, and
173-amendments thereto;
174-(2) is an authorized place of use of a high flow capacity water
175-well;
176-(3) is an authorized place of use of a water right that was not
177-utilized in accordance with subsection (i)(1) within the timeframe
178-referenced in subsection (i)(1) due to circumstances involving
179-bankruptcy, probate or other legal matters, excluding those related to
180-any enforcement sanctions or penalties by the division of water
181-resources that are in effect or pending determination at the time that
182-the acreage is offered for enrollment in CREP; or
183-(4) is an authorized place of use of a water right that is or has
184-been enrolled in a water conservation program, including, but not
185-limited to, the United States department of agriculture environmental
186-quality incentives program or a water conservation area pursuant to
187-K.S.A. 82a-745, and amendments thereto, or has been assigned a water
188-quantity allocation pursuant to an intensive groundwater use control
189-area designated in accordance with K.S.A. 82a-1036, and amendments
190-thereto, or a local enhanced management area designated in
191-accordance with K.S.A. 82a-1041, and amendments thereto.
192-(k) (1) The Kansas department of agriculture shall, at the
193-beginning of each annual regular session of the legislature, submit a
194-CREP report to the senate committee on agriculture and natural
195-resources and the house committee on agriculture at the beginning of
196-each annual regular session of the legislature and natural resources,
197-and any successor committees, containing a description of program
198-activities for each CREP administered in the state and including. Such
199-report shall include:
200-(A) The acreage enrolled in CREP during fiscal year 2008 through
201-the most current fiscal year to date the preceding five years;
202-(B) the dollar amounts received and expended for CREP during
203-fiscal year 2008 through the most current fiscal year to date the
204-preceding five years; and HOUSE BILL No. 2255—page 4
205-(C) an assessment of meeting whether each of the program
206-objectives identified in the agreement with the farm services agency;
207-and
208-(D) such other information specified by the Kansas department of
209-agriculture has been met.
210-(2) For a each CREP established with the purpose of meeting
211-water quantity goals, the following additional information shall be
212-included in such annual report:
213-(A) The total amount of water rights, measured in acre-feet, retired
214-in CREP from fiscal year 2008 through the current fiscal year to date
215-that was permanently retired in CREP during the preceding five years;
216-(B) the change in groundwater water levels in the CREP area
217-during fiscal year 2008 through the most current fiscal year to date the
218-preceding five years;
219-(C) the total annual amount of water usage in the CREP area from
220-fiscal year 2008 through the most current fiscal year to date during the
221-preceding five years; and
222-(D) the average annual water use, measured in acre-feet, for each
223-of the five years preceding enrollment for each water right enrolled
224-under each water right for which an authorized place of use is enrolled
225-in CREP during the preceding five years.
226-(j)(l) The Kansas department of agriculture shall submit a report
227-on the economic impact of each specific CREP to the senate committee
228-on agriculture and natural resources and the house of representatives
229-committee on agriculture and natural resources, and any successor
230-committees, every five years, beginning in 2017. The report shall
231-include economic impacts to businesses located within each specific
232-CREP region.
233-Sec. 2. K.S.A. 83-201 is hereby amended to read as follows: 83-
81+Section 1. K.S.A. 83-201 is hereby amended to read as follows: 83-
23482 201. As used in article 2 of chapter 83 of the Kansas Statutes Annotated
23583 and K.S.A. 83-502, and amendments thereto:
23684 (a) "Weights and measures" means all commercial weights or
23785 measures of every kind, instruments and devices for weighing and
23886 measuring, and any appliance and accessories associated with any or all
23987 such instruments and devices and any point-of-sale system.
24088 (b) "Weight" as used in connection with any commodity means net
24189 weight, except if the label declares that the product is sold by drained
24290 weight, the term means net drained weight.
243-(c) "Correct" as used in connection with weights and measures
244-means conformance to all applicable tolerances, specifications and
245-requirements as established by the secretary and those established
246-within article 2 of chapter 83 of Kansas Statutes Annotated, and
247-amendments thereto or any rules and regulations adopted thereunder.
91+(c) "Correct" as used in connection with weights and measures means
92+conformance to all applicable tolerances, specifications and requirements
93+as established by the secretary and those established within article 2 of
94+chapter 83 of Kansas Statutes Annotated, and amendments thereto or any
95+rules and regulations adopted thereunder.
24896 (d) "Primary standards" means the physical standards of the state
24997 which serve as the legal reference from which all other standards and
25098 weights and measures are derived.
25199 (e) "Secondary standards" means the physical standards which are
252-traceable to the primary standards through comparisons, using
253-acceptable laboratory procedures, and used in the enforcement of
254-weights and measures laws and rules and regulations.
100+traceable to the primary standards through comparisons, using acceptable
101+laboratory procedures, and used in the enforcement of weights and
102+measures laws and rules and regulations.
255103 (f) "Person" means an individual, agent or employee of a service
256104 company, partnerships, corporations, companies, societies and
257105 associations.
258106 (g) "Sale from bulk" means the sale of commodities when the
259107 quantity is determined at the time of sale.
260108 (h) "Package" means any commodity put up or packaged in any
261109 manner in advance of sale in units suitable for either wholesale or retail
262110 sale.
263111 (i) "Drained weight" means the weight of the solid or semisolid
264-product representing the contents of a package or container obtained
265-after a prescribed method for excluding the liquid has been employed.
112+product representing the contents of a package or container obtained after
113+a prescribed method for excluding the liquid has been employed.
266114 (j) "Secretary" means the secretary of agriculture or the secretary's
267115 authorized representative.
268-(k) "Measuring device" includes all weights, scales, beams, HOUSE BILL No. 2255—page 5
269-measures of every kind, instruments and mechanical devices for
270-weighing or measuring, and any appliances and accessories connected
271-with any or all such instruments.
272-(l) "Point-of-sale system" means any combination of a cash
273-register or other devices, or system, such as a scanner, capable of
274-recovering stored information related to the price or computing the
275-price of any individual item which is sold or offered for sale at retail. A
276-point-of-sale system may also include or be attached or connected to a
277-weighing or measuring device.
278-(m) "Scanner" means any electronic system that employs a laser-
279-bar code reader to retrieve product identity, price or other information
280-stored in a computer memory.
281-(n) "Service company" means a company which is in the business
282-of examining, calibrating, testing, repairing and adjusting weighing and
116+(k) "Measuring device" includes all weights, scales, beams, measures
117+of every kind, instruments and mechanical devices for weighing or
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161+measuring, and any appliances and accessories connected with any or all
162+such instruments.
163+(l) "Point-of-sale system" means any combination of a cash register
164+or other devices, or system, such as a scanner, capable of recovering stored
165+information related to the price or computing the price of any individual
166+item which is sold or offered for sale at retail. A point-of-sale system may
167+also include or be attached or connected to a weighing or measuring
168+device.
169+(m) "Scanner" means any electronic system that employs a laser-bar
170+code reader to retrieve product identity, price or other information stored in
171+a computer memory.
172+(n) "Service company" means a company which is in the business of
173+examining, calibrating, testing, repairing and adjusting weighing and
283174 measuring devices but such term does not include a technical
284175 representative unless the technical representative is the owner of such
285176 service company.
286177 (o) "Technical representative" means an individual who installs,
287178 repairs, adjusts or calibrates the weighing and measuring devices and
288-certifies the accuracy of the weighing and measuring devices. this
289-chapter:
179+certifies the accuracy of the weighing and measuring devices. this chapter:
290180 (a) "Chapter" means chapter 83 of the Kansas statutes annotated,
291-and amendments thereto, and rules and regulations adopted
292-thereunder.
181+and amendments thereto, and rules and regulations adopted thereunder.
293182 (b) "Correct," as used in connection with weights and measures,
294183 means conformance to all applicable tolerances, specifications and
295-requirements as established by the secretary and those established
296-within this chapter.
297-(c) "Device used for weighing, measuring or both" means any
298-weight, scale, beam, liquefied petroleum gas meter, vehicle tank meter,
299-measures of every kind, instruments and mechanical or electronic
300-devices for commercial weighing or measuring, and any appliances
301-and accessories connected with any or all such instruments. "Device
302-used for weighing, measuring or both" does not include dispensing
303-devices.
184+requirements as established by the secretary and those established within
185+this chapter.
186+(c) "Device used for weighing, measuring or both" means any weight,
187+scale, beam, liquefied petroleum gas meter, vehicle tank meter, measures
188+of every kind, instruments and mechanical or electronic devices for
189+commercial weighing or measuring, and any appliances and accessories
190+connected with any or all such instruments. "Device used for weighing,
191+measuring or both" does not include dispensing devices.
304192 (d) "Dispensing device" means a motor-vehicle fuel or liquid fuel
305-dispensing pump, meter or other similar measuring device and
306-includes any device that dispenses refined or blended gasoline or diesel
307-fuel product. "Dispensing device" does not include liquefied petroleum
308-gas meters or vehicle tank meters.
193+dispensing pump, meter or other similar measuring device and includes
194+any device that dispenses refined or blended gasoline or diesel fuel
195+product. "Dispensing device" does not include liquefied petroleum gas
196+meters or vehicle tank meters.
309197 (e) "Drained weight" means the weight of the solid or semisolid
310-product representing the contents of a package or container obtained
311-after a prescribed method for excluding the liquid has been employed.
312-(f) "Electric vehicle supply equipment" means a device with one
313-or more charging ports and connectors for charging electric vehicles.
198+product representing the contents of a package or container obtained after
199+a prescribed method for excluding the liquid has been employed.
200+(f) "Electric vehicle supply equipment" means a device with one or
201+more charging ports and connectors for charging electric vehicles.
314202 "Electric vehicle supply equipment" includes all charging ports and
315-supporting equipment necessary for the operation thereof and the area
316-in the immediate vicinity of the same, including adjacent parking areas
317-and lanes for vehicle ingress and egress.
318-(g) "Liquefied petroleum gas" means commercial propane and
319-such commercial butane as is used for heating fuel.
203+supporting equipment necessary for the operation thereof and the area in
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247+the immediate vicinity of the same, including adjacent parking areas and
248+lanes for vehicle ingress and egress.
249+(g) "Liquefied petroleum gas" means commercial propane and such
250+commercial butane as is used for heating fuel.
320251 (h) "Package" means any commodity put up or packaged in any
321-manner in advance of sale in units suitable for either wholesale or
322-retail sale.
252+manner in advance of sale in units suitable for either wholesale or retail
253+sale.
323254 (i) "Person" means an individual or a company, partnership,
324255 corporation, society association or governmental agency and any
325256 authorized agent thereof. "Person" does not include the secretary.
326257 (j) "Place of business" means any location from which a testing
327-service or company, or one or more representatives or employees
328-thereof, sells and performs services for the purpose of testing,
329-repairing, adjusting or calibrating devices used for weighing,
330-measuring or both, dispensing devices or electric vehicle supply
331-equipment.
332-(k) "Point-of-sale system" means any combination of a cash HOUSE BILL No. 2255—page 6
333-register or other devices, electronic applications, software, online
334-purchasing systems or other systems, such as a scanner, capable of
335-recovering stored information related to the price or computing the
336-price of any individual item that is sold or offered for sale at retail. A
337-"point-of-sale system" may include or be attached or connected to a
338-weighing or measuring device.
258+service or company, or one or more representatives or employees thereof,
259+sells and performs services for the purpose of testing, repairing, adjusting
260+or calibrating devices used for weighing, measuring or both, dispensing
261+devices or electric vehicle supply equipment.
262+(k) "Point-of-sale system" means any combination of a cash register
263+or other devices, or system, such as a scanner, capable of recovering
264+stored information related to the price or computing the price of any
265+individual item that is sold or offered for sale at retail. A "point-of-sale
266+system" may include or be attached or connected to a weighing or
267+measuring device.
339268 (l) "Primary standards" means the physical standards of the state
340269 that serve as the legal reference from which all other standards and
341270 weights and measures are derived.
342271 (m) "Sale from bulk" means the sale of commodities when the
343272 quantity is determined at the time of sale.
344-(n) "Scanner" means any electronic system that employs a laser-
345-bar code reader to retrieve product identity, price or other information
346-stored in a computer memory.
273+(n) "Scanner" means any electronic system that employs a laser-bar
274+code reader to retrieve product identity, price or other information stored
275+in a computer memory.
347276 (o) "Secondary standards" means the physical standards that are
348-traceable to the primary standards through comparisons, using
349-acceptable laboratory procedures, and used in the enforcement of
350-weights and measures laws and rules and regulations.
277+traceable to the primary standards through comparisons, using acceptable
278+laboratory procedures, and used in the enforcement of weights and
279+measures laws and rules and regulations.
351280 (p) "Secretary" means the secretary of the Kansas department of
352281 agriculture or the secretary's designee.
353282 (q) "Service company" means a company that is in the business of
354-examining, calibrating, testing, repairing and adjusting devices used
355-for weighing, measuring or both, dispensing devices or electric vehicle
356-supply equipment. "Service company" does not include a technical
357-representative unless the technical representative is the owner of such
358-service company.
359-(r) "Technical representative" means an individual who performs
360-the proper installation, repair, adjustment or calibration and
361-certification of the accuracy of a device used for weighing, measuring
362-or both, dispensing devices or electric vehicle supply equipment.
283+examining, calibrating, testing, repairing and adjusting devices used for
284+weighing, measuring or both, dispensing devices or electric vehicle supply
285+equipment. "Service company" does not include a technical representative
286+unless the technical representative is the owner of such service company.
287+(r) "Technical representative" means an individual who performs the
288+proper installation, repair, adjustment or calibration and certification of
289+the accuracy of a device used for weighing, measuring or both, dispensing
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333+devices or electric vehicle supply equipment.
363334 (s) "Vehicle tank meter" means those meters mounted on vehicle
364335 tanks used for the measurement and delivery of petroleum products.
365336 (t) "Weight," as used in connection with any commodity means net
366-weight, except that if the label declares that the product is sold by
367-drained weight, then the term means net drained weight.
337+weight, except that if the label declares that the product is sold by drained
338+weight, then the term means net drained weight.
368339 (u) "Weights and measures" means all commercial weights or
369340 measures of every kind.
370-Sec. 3. K.S.A. 83-202 is hereby amended to read as follows: 83-
371-202. (a) Except as provided further:
341+Sec. 2. K.S.A. 83-202 is hereby amended to read as follows: 83-202.
342+(a) Except as provided further:
372343 (1) The system of weights and measures in customary use in the
373344 United States and the metric system of weights and measures are jointly
374345 recognized, and either one or both of these systems shall be used for all
375346 commercial purposes in the state.
376347 (2) The following standards and requirements shall apply to
377-commercial devices used for weighing and, measuring devices or both:
348+commercial devices used for weighing and
349+, measuring devices or both:
378350 (A) "The standards of the national conference on weights and
379-measures" published in the national institute of standards and
380-technology handbook 44, entitled specifications, tolerances, and other
381-technical requirements for weighing and measuring devices, as
382-published on in October, 1994, or later versions as established in rules
383-and regulations adopted by the secretary, except that a mechanical
384-vehicle scale used solely to sell aggregate products shall be allowed a
385-minimum tolerance of +/- 100 pounds. Such scale shall not be sold or
386-moved to another location for use in commercial applications unless it
387-complies with all applicable tolerances of the national institute of
388-standards and technology handbook 44, entitled specifications,
389-tolerances, and other technical requirements for weighing and
390-measuring devices, as published in October, 1994, or later versions as
391-established in rules and regulations adopted by the secretary;
392-(B) "the uniform laws and regulations of the national conference
393-on weights and measures" published in the national institute of
394-standards and technology handbook 130 regarding packaging and
395-labeling, the method of sale of commodities, national type evaluation
396-regulation, motor fuel inspection and motor fuel regulation, as HOUSE BILL No. 2255—page 7
397-published on in December, 1994, or later versions as established in
351+measures" published in the national institute of standards and technology
352+handbook 44, entitled specifications, tolerances, and other technical
353+requirements for weighing and measuring devices, as published on in
354+October, 1994, or later versions as established in rules and regulations
355+adopted by the secretary, except that a mechanical vehicle scale used
356+solely to sell aggregate products shall be allowed a minimum tolerance of
357++/- 100 pounds. Such scale shall not be sold or moved to another location
358+for use in commercial applications unless it complies with all applicable
359+tolerances of the national institute of standards and technology handbook
360+44, entitled specifications, tolerances, and other technical requirements for
361+weighing and measuring devices, as published in October,
362+ 1994, or later
363+versions as established in rules and regulations adopted by the secretary;
364+(B) "the uniform laws and regulations of the national conference on
365+weights and measures" published in the national institute of standards and
366+technology handbook 130 regarding packaging and labeling, the method of
367+sale of commodities, national type evaluation regulation, motor fuel
368+inspection and motor fuel regulation, as published on
369+ in December, 1994,
370+or later versions as established in rules and regulations adopted by the
371+secretary;
372+(C) "checking the net contents of packaged goods" published in the
373+national institute of standards and technology handbook 133, third edition,
374+as published on
375+ in September, 1988, or later versions as established in
398376 rules and regulations adopted by the secretary;
399-(C) "checking the net contents of packaged goods" published in
400-the national institute of standards and technology handbook 133, third
401-edition, as published on in September, 1988, or later versions as
402-established in rules and regulations adopted by the secretary;
403-(D) "checking the net contents of packaged goods" published in
404-the national institute of standards and technology handbook 133, third
405-edition, supplement 4, as published on in October, 1994, or later
406-versions as established in rules and regulations adopted by the
407-secretary; and
377+(D) "checking the net contents of packaged goods" published in the
378+national institute of standards and technology handbook 133, third edition,
379+supplement 4, as published on in October, 1994, or later versions as
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423+established in rules and regulations adopted by the secretary; and
408424 (E) any other handbooks or sections thereof as adopted by the
409425 secretary by rules and regulations.
410-(b) Whenever there exists an inconsistency between the provisions
411-of chapter 83 of the Kansas Statutes Annotated, and amendments
412-thereto, this chapter and any of the handbooks adopted by reference,
413-the requirements of chapter 83 of the Kansas Statutes Annotated, and
414-amendments thereto, this chapter shall control.
415-Sec. 4. K.S.A. 83-207 is hereby amended to read as follows: 83-
416-207. (a) The secretary of agriculture may adopt rules and regulations
417-necessary for the administration and enforcement of the provisions of
418-chapter 83 of the Kansas Statutes Annotated, and amendments thereto
419-this chapter. As a part of such rules and regulations, the secretary of
420-agriculture shall adopt standards setting forth specifications, tolerances
421-and other technical requirements for all weights, measures and
422-weighing and measuring devices, and point-of-sale systems. These
423-specifications, tolerances and other technical requirements shall
424-conform, insofar as practicable, to the specifications, tolerances and
425-other technical requirements for weights, measures and weighing and
426-measuring devices established by the national institute of standards and
427-technology. The secretary of agriculture shall prescribe by rules and
428-regulations the appropriate term or unit of weight or measure to be used
429-whenever the secretary determines in the case of a specific commodity
430-that an existing practice of declaring the quantity by weight, measure,
431-or numerical count, or combination thereof, does not facilitate value
432-comparisons by consumers, or that such practice offers an opportunity
433-for consumer confusion.
426+(b) Whenever there exists an inconsistency between the provisions of
427+chapter 83 of the Kansas Statutes Annotated, and amendments thereto, this
428+chapter and any of the handbooks adopted by reference, the requirements
429+of chapter 83 of the Kansas Statutes Annotated, and amendments thereto,
430+this chapter shall control.
431+Sec. 3. K.S.A. 83-207 is hereby amended to read as follows: 83-207.
432+(a) The secretary of agriculture may adopt rules and regulations necessary
433+for the administration and enforcement of the provisions of chapter 83 of
434+the Kansas Statutes Annotated, and amendments thereto this chapter. As a
435+part of such rules and regulations, the secretary of agriculture shall adopt
436+standards setting forth specifications, tolerances and other technical
437+requirements for all weights, measures and weighing and measuring
438+devices, and point-of-sale systems. These specifications, tolerances and
439+other technical requirements shall conform, insofar as practicable, to the
440+specifications, tolerances and other technical requirements for weights,
441+measures and weighing and measuring devices established by the national
442+institute of standards and technology. The secretary of agriculture shall
443+prescribe by rules and regulations the appropriate term or unit of weight or
444+measure to be used whenever the secretary determines in the case of a
445+specific commodity that an existing practice of declaring the quantity by
446+weight, measure,
447+ or numerical count, or combination thereof, does not
448+facilitate value comparisons by consumers, or that such practice offers an
449+opportunity for consumer confusion.
434450 (b) The secretary may adopt rules and regulations concerning:
435451 (1) Standards of workmanship for technical representatives and
436452 service companies;
437453 (2) requirements for contractual responsibilities and fulfillment of
438454 agreements by service companies; and
439-(3) maintenance and furnishing of reports and information
440-necessary for the secretary to carry out the provisions of this act.
441-Sec. 5. K.S.A. 83-208 is hereby amended to read as follows: 83-
442-208. The secretary, or an authorized representative of the secretary,
443-may, during normal business hours, enter any premises or vehicle in or
444-on which any weights, measures, balances or, devices used for
445-weighing, measuring devices or both, dispensing devices or electric
446-vehicle supply equipment, subject to the requirements of this chapter or
447-any related records required pursuant thereto may be located or used
448-for the purposes of trade, for the purpose of inspecting, testing and
449-sealing or rejecting the same or as otherwise necessary for the
450-administration of this chapter. Whoever hinders, obstructs, or in any
451-way interferes with the secretary or an authorized representative of the
452-secretary, while in the performance of the inspection, or whoever fails
453-to produce, upon demand by such secretary or authorized
454-representative, all weights, measures, balances or measuring devices in
455-or upon the premises or vehicle of such person or in the possession of
456-such person for use in manufacture or trade, shall be deemed guilty of a
457-class A, nonperson misdemeanor.
458-Sec. 6. K.S.A. 83-214 is hereby amended to read as follows: 83-
459-214. (a) The secretary may try and prove weights, measures, balances
460-and other measuring devices on request for any person, corporation or HOUSE BILL No. 2255—page 8
461-institution, and when the same are found or made to conform to the
462-state standards, and otherwise fulfill such reasonable requirements as
463-the secretary may make, the secretary, or an authorized representative
464-of the secretary, may seal the same with a seal which that is kept for
465-that purpose.
466-(b) (1) Except as otherwise provided by statute, the secretary, or
467-the authorized representative of the secretary, may charge for services
468-provided by the department and other necessary and incidental
469-expenses, or both, incurred in conjunction with the testing and proving
470-of weights, measures or both and other devices at rates prescribed
471-pursuant to this section. An in-state rate shall be charged to licensed
472-service companies that have licensed technical representatives
473-performing service work in Kansas. An additional fee for adjustment of
474-any weight, measure or other device may be assessed. The rates
475-charged by the secretary shall be as follows: HOUSE BILL No. 2255—page 9 HOUSE BILL No. 2255—page 10
455+(3) maintenance and furnishing of reports and information necessary
456+for the secretary to carry out the provisions of this act.
457+Sec. 4. K.S.A. 83-208 is hereby amended to read as follows: 83-208.
458+The secretary, or an authorized representative of the secretary, may, during
459+normal business hours, enter any premises or vehicle in or on which any
460+weights, measures, balances or, devices used for weighing, measuring
461+devices or both, dispensing devices or electric vehicle supply equipment,
462+subject to the requirements of this chapter or any related records required
463+pursuant thereto may be located or used for the purposes of trade, for the
464+purpose of inspecting, testing and sealing or rejecting the same or as
465+otherwise necessary for the administration of this chapter. Whoever
466+hinders, obstructs, or in any way interferes with the secretary or an
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510+authorized representative of the secretary, while in the performance of the
511+inspection, or whoever fails to produce, upon demand by such secretary or
512+authorized representative, all weights, measures, balances or measuring
513+devices in or upon the premises or vehicle of such person or in the
514+possession of such person for use in manufacture or trade, shall be deemed
515+guilty of a class A, nonperson misdemeanor.
516+Sec. 5. K.S.A. 83-214 is hereby amended to read as follows: 83-214.
517+(a) The secretary may try and prove weights, measures, balances and other
518+measuring devices on request for any person, corporation or institution,
519+and when the same are found or made to conform to the state standards,
520+and otherwise fulfill such reasonable requirements as the secretary may
521+make, the secretary, or an authorized representative of the secretary, may
522+seal the same with a seal which
523+ that is kept for that purpose.
524+(b) (1) Except as otherwise provided by statute, the secretary, or the
525+authorized representative of the secretary, may charge for services
526+provided by the department and other necessary and incidental expenses,
527+or both, incurred in conjunction with the testing and proving of weights,
528+measures or both and other devices at rates prescribed pursuant to this
529+section. An in-state rate shall be charged to licensed service companies that
530+have licensed technical representatives performing service work in Kansas.
531+An additional fee for adjustment of any weight, measure or other device
532+may be assessed. The rates charged by the secretary shall be as follows:
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476556 (2) The secretary may charge the following additional fees for
477557 preparing items for shipment:
478558 Category Rate
479-Large Mass (≤ 1,250 lbs through ≥ 100 lbs, 500 kg through 50 ≥ kg)$20
480-Medium Mass (< 100 lbs through ≥ 20 lbs, < 50 kg through ≥ 10 kg)
481- .............................................................................................................$30
482-Small Mass (< 20 lbs through ≥ 0.001 lbs, < 10 kg through 1 mg) ....$20
483-Small Mass Set (≤ 10 lbs through ≥ 0.001 lbs, ≤ 5 kg through ≥ 1 mg)
484- .............................................................................................................$20
485-Precision Mass (1,000 lbs through 0.001 lbs, 30 kg through 1 mg) ...$10
486-Precision Mass Set (1,000 lbs through 0.001 lbs, 30 kg through 1 mg)
487- .............................................................................................................$20
488-Extra Large Headhouse Weights (3,000 lbs through > 1,250 lbs) ......$40
489-Weight Carts (8,000 lbs through 2,000 lbs) ......................................$100
490-Large Volume (1,000 gal through 20 gal) .........................................$100
491-Large Volume LPG (1,000 gal through 20 gal) .................................$100
492-Small Volume (5 gal) ...........................................................................$20
493-Gravimetric Volume (5 gal) .................................................................$20
494-Thermometry (-35°C through 150°C)(Based on a 2 point calibration)
495- .............................................................................................................$20
559+Large Mass (≤ 1,250 lbs through ≥ 100 lbs, 500 kg through 50 ≥ kg) .....$20
560+Medium Mass (< 100 lbs through ≥ 20 lbs, < 50 kg through ≥ 10 kg) ....$30
561+Small Mass (< 20 lbs through ≥ 0.001 lbs, < 10 kg through 1 mg) .........$20
562+Small Mass Set (≤ 10 lbs through ≥ 0.001 lbs, ≤ 5 kg through ≥ 1 mg) ..$20
563+Precision Mass (1,000 lbs through 0.001 lbs, 30 kg through 1 mg) .........$10
564+Precision Mass Set (1,000 lbs through 0.001 lbs, 30 kg through 1 mg) ..$20
565+Extra Large Headhouse Weights (3,000 lbs through > 1,250 lbs) ............$40
566+Weight Carts (8,000 lbs through 2,000 lbs) ............................................$100
567+Large Volume (1,000 gal through 20 gal) ..............................................$100
568+Large Volume LPG (1,000 gal through 20 gal) ......................................$100
569+Small Volume (5 gal) ................................................................................$20
570+Gravimetric Volume (5 gal) ......................................................................$20
571+Thermometry (-35°C through 150°C)(Based on a 2 point calibration) ...$20
496572 Calibration Types and Ranges Calibration Adjustment
497573 Fee Fee
498574 Mass Echelon III Weight Set, up to 10 lb, $120.00/set $20.00/pc
499575 (ASTM Class: 5, 6, 7) up to 5kg in the set
500576 (NIST Class: F) up to 10 lb, up to 5 kg $10.00/pc $20.00/pc
501577 (OIML Class: M1, over 10 lb up to 50 lb, over $25.00/pc $50.00/pc
502578 M1-2, M2, M2-3, M3) 5 kg up to 30 kg
503579 over 50 lb up to 1250 lb, over $35.00/pc $70.00/pc
504580 30 kg up to 500 kg
505581 over 1250 lb up to 3000 lb $70.00/pc $45.00/pc
506582 Weight Cart, 2500 lb $250.00/pc $170.00/pc
507583 up to 6000 lb
508584 Weight Cart, over 6000 lb $350.00/pc $225.00/pc
509585 up to 8000 lb
510586 Mass Echelon II (ASTM up to 1000 lb, up $40.00/pc $80.00/pc
511587 Class: 2, 3, 4) (OIML to 500 kg
512588 Class: F1, F2)
513589 Mass Echelon I (ASTM Class:500 lb, up to 30 kg $75.00/pc $75.00/pc
514590 0, 1) (OIML Class: E1, E2)
515591 Volume Echelon II 5 gal $70.00/pc Due to the
516592 over 5 gal up to 100 gal $240.00/pc calibration
517593 over 100 gal up to 200 gal $300.00/pc procedure,
518594 over 200 gal up to 500 gal $500.00/pc adjustment
519595 over 500 gal up to 1000 gal $900.00/pc is included
520596 over 1000 gal up to 1500 gal $1200.00/pc in the cost
521597 LPG, 20 gal up to 100 gal $460.00/pc of calibration.
522598 Volume Echelon I Up to 5 gal $310.00/pc $310.00/pc
523599 Thermometry Echelon IV -35 °C up to 150 °C $90.00/point $90.00/point
524-(3)(2) Service that is not part of a routine calibration, including,
525-but not limited to, cleaning or repairing a standard or performing non-
526-routine calibration procedures, shall be charged at a rate of $120 per
527-hour. For any service provided pursuant to this subsection that is not
528-listed in the fee schedules in subsections subsection (b)(1) and (b)(2),
529-the secretary shall determine that the fee to be charged.
600+(3)
601+(2) Service that is not part of a routine calibration, including, but
602+not limited to, cleaning or repairing a standard or performing non-routine
603+calibration procedures, shall be charged at a rate of $120 per hour. For
604+any service provided pursuant to this subsection that is not listed in the fee
605+schedules in subsections
606+ subsection (b)(1) and (b)(2), the secretary shall
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656+determine that the fee to be charged.
530657 (4)(3) For any service provided pursuant to this subsection, the
531-secretary may charge a minimum fee of $50 $70 per invoice. The
532-secretary may charge for subsistence and transportation of personnel
533-and equipment to such point and return. Such charges shall be set by
534-rules and regulations adopted by the secretary of agriculture.
535-(5)(4) The secretary may fix the manner in which any charges
536-made pursuant to this subsection are collected.
537-(c) The secretary shall remit all moneys received under subsection
538-(b) to the state treasurer in accordance with the provisions of K.S.A.
539-75-4215, and amendments thereto. Upon receipt of each such
540-remittance, the state treasurer shall deposit the entire amount in the
541-state treasury to the credit of the weights and measures fee fund which
542-is hereby created. All expenditures from the weights and measures fee
543-fund shall be made in accordance with appropriation acts upon warrants
544-of the director of accounts and reports issued pursuant to vouchers HOUSE BILL No. 2255—page 11
545-approved by the secretary or by a person designated by the secretary.
546-(d) Except as otherwise provided in K.S.A. 83-301 through 83-
547-311, and amendments thereto, nothing in article 2 of chapter 83 of the
548-Kansas Statutes Annotated, and amendments thereto this chapter,
549-nothing shall prohibit the owner of a weighing or measuring device or
550-the owner's employee or agent from servicing or repairing such device.
551-However, If such device is found out of tolerance and is rejected by the
552-department of agriculture secretary, the owner is responsible for
553-repairing the device within the time specified on the rejection tag and
554-notifying the department secretary when the device is repaired and in
555-operation. The owner shall pay a fee commensurate with the expense
556-incurred by the secretary in performing the follow-up inspections or
557-tests.
558-Sec. 7. K.S.A. 83-215 is hereby amended to read as follows: 83-
559-215. (a) The secretary is hereby authorized and empowered to reject
560-and take out of service any device used for weighing or, measuring
561-device which or both that is found not to conform to state standards or
562-which that is found not to weigh or measure within authorized
563-tolerances.
658+secretary may charge a minimum fee of $50 $70 per invoice. The secretary
659+may charge for subsistence and transportation of personnel and equipment
660+to such point and return. Such charges shall be set by rules and regulations
661+adopted by the secretary of agriculture.
662+(5)
663+(4) The secretary may fix the manner in which any charges made
664+pursuant to this subsection are collected.
665+(c) The secretary shall remit all moneys received under subsection (b)
666+to the state treasurer in accordance with the provisions of K.S.A. 75-4215,
667+and amendments thereto. Upon receipt of each such remittance, the state
668+treasurer shall deposit the entire amount in the state treasury to the credit
669+of the weights and measures fee fund which is hereby created. All
670+expenditures from the weights and measures fee fund shall be made in
671+accordance with appropriation acts upon warrants of the director of
672+accounts and reports issued pursuant to vouchers approved by the
673+secretary or by a person designated by the secretary.
674+(d) Except as otherwise provided in K.S.A. 83-301 through 83-311,
675+and amendments thereto, nothing in article 2 of chapter 83 of the Kansas
676+Statutes Annotated, and amendments thereto this chapter, nothing shall
677+prohibit the owner of a weighing or measuring device or the owner's
678+employee or agent from servicing or repairing such device. However, If
679+such device is found out of tolerance and is rejected by the department of
680+agriculture secretary, the owner is responsible for repairing the device
681+within the time specified on the rejection tag and notifying the department
682+secretary when the device is repaired and in operation. The owner shall
683+pay a fee commensurate with the expense incurred by the secretary in
684+performing the follow-up inspections or tests.
685+Sec. 6. K.S.A. 83-215 is hereby amended to read as follows: 83-215.
686+(a) The secretary is hereby authorized and empowered to reject and take
687+out of service any device used for weighing or, measuring device which or
688+both that is found not to conform to state standards or which that is found
689+not to weigh or measure within authorized tolerances.
564690 (b) Service companiesA service company and city or county
565691 department of weights and measures or any agent or employee thereof,
566692 shall be prohibited from condemning or rejecting a device used to
567693 weighing, measuring or both or taking a weighing or measuring such
568694 device out of service.
569695 (c) Any weighing or measuring device that has been rejected and
570-taken out of service under authority of the secretary shall remain
571-subject to the control of the secretary until such time as that suitable
572-and acceptable repair has been made of the same, or an authorized
573-disposition of the same has been approved. An authorized repair period
574-of use not longer than 30 days for purposes of obtaining a repair of the
575-device used for weighing or, measuring device or both by the owner, or
576-a reasonable extension of that period, may be given by the secretary
577-when it is determined that the immediate cessation of use of such
578-weighing or measuring device will work an undue hardship on the
579-person using such device or the patrons of such person. The owner of
580-such rejected weighing or measuring device shall cause the same to be
581-repaired and corrected to weigh or measure within authorized
582-tolerances within 30 days after being rejected, or within such extension
583-as may be authorized, or in lieu thereof, the owner of the same may
584-dispose of or destroy such weighing or measuring device or any
696+taken out of service under authority of the secretary shall remain subject to
697+the control of the secretary until such time as that suitable and acceptable
698+repair has been made of the same, or an authorized disposition of the same
699+has been approved. An authorized repair period of use not longer than 30
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743+days for purposes of obtaining a repair of the device used for weighing or,
744+measuring device or both by the owner, or a reasonable extension of that
745+period, may be given by the secretary when it is determined that the
746+immediate cessation of use of such weighing or measuring device will
747+work an undue hardship on the person using such device or the patrons of
748+such person. The owner of such rejected weighing or measuring
749+ device
750+shall cause the same to be repaired and corrected to weigh or measure
751+within authorized tolerances within 30 days after being rejected, or within
752+such extension as may be authorized, or in lieu thereof, the owner of the
753+same may dispose of or destroy such weighing or measuring device or any
585754 rejected weight or measure under specific authority from the secretary.
586-Sec. 8. K.S.A. 83-216 is hereby amended to read as follows: 83-
587-216. (a) Any weight, measure or device used for weighing or,
588-measuring device which or both that has been rejected by the secretary
589-and which has not been repaired or restored to weigh or measure within
590-approved tolerances, during any authorized repair period, is hereby
591-declared to be a common nuisance and a contraband device. The
592-secretary may seal the beam or mechanism out of service on any device
593-used for weighing or, measuring device, or both or may take possession
594-of any contraband weight or measure. The secretary shall deliver to the
595-owner or person found in possession of any contraband weight,
596-measure or device used for weighing or, measuring device or both a
597-statement giving the location and description of the weight, measure or
598-device used for weighing or, measuring device or both so sealed or
599-taken.
600-(b) Any device used for weighing or, measuring device which or
601-both that has been sealed out of service by the secretary and which that
602-has not been repaired or restored and made to weigh or measure within
603-approved tolerances within 90 days following the date of sealing, or an
604-authorized extension thereof, may be proceeded against by an action,
605-instituted in Shawnee county district court or in the county where such
606-weighing or measuring device is located, in a district court of
607-competent jurisdiction for an order for the disposal of such device.
608-(c) Procedure in regard to the prevention of the maintenance of a HOUSE BILL No. 2255—page 12
755+Sec. 7. K.S.A. 83-216 is hereby amended to read as follows: 83-216.
756+(a) Any weight, measure or device used for weighing or
757+, measuring device
758+which or both that has been rejected by the secretary and which has not
759+been repaired or restored to weigh or measure within approved tolerances,
760+during any authorized repair period, is hereby declared to be a common
761+nuisance and a contraband device. The secretary may seal the beam or
762+mechanism out of service on any device used for weighing or
763+, measuring
764+device, or both or may take possession of any contraband weight or
765+measure. The secretary shall deliver to the owner or person found in
766+possession of any contraband weight, measure or device used for weighing
767+or
768+, measuring device or both a statement giving the location and
769+description of the weight, measure or device used for weighing or,
770+measuring device or both so sealed or taken.
771+(b) Any device used for weighing or, measuring device which or both
772+that has been sealed out of service by the secretary and which that has not
773+been repaired or restored and made to weigh or measure within approved
774+tolerances within 90 days following the date of sealing, or an authorized
775+extension thereof, may be proceeded against by an action, instituted in
776+Shawnee county district court or in the county where such weighing or
777+measuring device is located, in a district court of competent jurisdiction
778+for an order for the disposal of such device.
779+(c) Procedure in regard to the prevention of the maintenance of a
609780 common nuisance and procedure for the disposal of any device used for
610781 weighing or, measuring device or both may be had conducted in
611-accordance with and in the manner provided for under K.S.A. 41-805
612-and 41-806, and amendments thereto, and as otherwise authorized by
613-statute.
614-Sec. 9. K.S.A. 83-217 is hereby amended to read as follows: 83-
615-217. Any person who is liable to an injured person by reason of any
616-inaccurate, false or rejected device used for weighing or, measuring
617-device or both shall be assessed and adjudged to pay damages in
618-double the amount of the property wrongfully taken or not given, and,
619-in addition thereto, for punitive damages, the additional sum of $25,
620-and reasonable attorney fees, to be recovered in any court of competent
621-jurisdiction. The selling and delivery of a stated quantity of any
622-commodity shall be prima facie evidence of representations on the part
623-of the vendor that the quantity sold and delivered was the quantity
624-bought by the vendee. A slight variation from the stated weight,
625-measure or quantity, within authorized tolerances, is permissible for
626-individually packaged commodities if such variation is as often over, as
627-it is under, the correct weight, measure or quantity stated.
628-Sec. 10. K.S.A. 83-218 is hereby amended to read as follows: 83-
629-218. For the purposes of this act, proof of the existence of a weight,
630-measure or a device used for weighing or, measuring device or both, in
631-or about any building, enclosure, stand or vehicle in which or from
632-which it is shown that buying or selling is commonly carried on, in the
633-absence of conclusive evidence to the contrary, shall be presumptive
634-proof of the regular use of such weight, measure or device used for
635-weighing or, measuring device or both for commercial purposes and of
636-such use by the person in charge of such building, enclosure, stand or
637-vehicle.
638-Sec. 11. K.S.A. 83-219 is hereby amended to read as follows: 83-
639-219. (a) It shall be unlawful for any person to:
782+accordance with and in the manner provided for under K.S.A. 41-805 and
783+41-806, and amendments thereto, and as otherwise authorized by statute.
784+Sec. 8. K.S.A. 83-217 is hereby amended to read as follows: 83-217.
785+Any person who is liable to an injured person by reason of any inaccurate,
786+false or rejected device used for weighing or, measuring device or both
787+shall be assessed and adjudged to pay damages in double the amount of
788+the property wrongfully taken or not given,
789+ and, in addition thereto, for
790+punitive damages, the additional sum of $25, and reasonable attorney fees,
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834+to be recovered in any court of competent jurisdiction. The selling and
835+delivery of a stated quantity of any commodity shall be prima facie
836+evidence of representations on the part of the vendor that the quantity sold
837+and delivered was the quantity bought by the vendee. A slight variation
838+from the stated weight, measure or quantity, within authorized tolerances,
839+is permissible for individually packaged commodities if such variation is
840+as often over, as it is under, the correct weight, measure or quantity stated.
841+Sec. 9. K.S.A. 83-218 is hereby amended to read as follows: 83-218.
842+For the purposes of this act, proof of the existence of a weight, measure or
843+a device used for weighing or
844+, measuring device or both, in or about any
845+building, enclosure, stand or vehicle in which or from which it is shown
846+that buying or selling is commonly carried on, in the absence of conclusive
847+evidence to the contrary, shall be presumptive proof of the regular use of
848+such weight, measure or device used for weighing or
849+, measuring device or
850+both for commercial purposes and of such use by the person in charge of
851+such building, enclosure, stand or vehicle.
852+Sec. 10. K.S.A. 83-219 is hereby amended to read as follows: 83-219.
853+(a) It shall be unlawful for any person to:
640854 (1) To Offer or expose for sale, or to sell any weight, measure or
641855 weighing or measuring device that does not meet the tolerances and
642856 specifications required by this chapter 83 of the Kansas Statutes
643857 Annotated, and amendments thereto, or which that has been rejected
644858 without first obtaining the written authorization of the secretary;
645859 (2) to use a weight, measure or weighing or measuring device for
646860 commercial purposes which that does not meet the tolerance and
647861 specifications required by this chapter 83 of the Kansas Statutes
648862 Annotated, and amendments thereto, or that does not conform to the
649863 standard authorized by the secretary for determining the quantity of any
650864 commodity or article of merchandise, for the purpose of:
651865 (A) Buying or selling any commodity or article of merchandise;
652-(B) computation of any charge for services rendered on the basis
653-of weight or measure; or
654-(C) determining weight or measure, either when a charge is made
655-for such determination or where no charge is made for use of such
656-weight, measure, weighing or measuring device;
657-(3) except as allowed in K.S.A. 83-225, and amendments thereto,
658-to break or remove any tag, mark or seal placed on any weighing or
659-measuring device by the secretary or a county or city inspector of
660-weights and measures, without specific written authorization from the
661-proper authority or to use a weighing or measuring device after the
662-lapse of the authorized period following the placing of a rejection tag
663-thereon by the secretary, unless further extension of time for any repair
664-purposes is first obtained from the secretary to;
665-(4) to sell, offer or expose for sale, less than the represented
666-quantity of any commodity, thing or service;
667-(5) to take or attempt to take more of the represented quantity of
668-any commodity, thing or service when the buyer furnishes the weight,
669-measure or weighing or measuring device by which the amount of any
670-commodity, thing or service is determined;
671-(6) to keep for the purpose of sale, or to offer or expose for sale, or
672-to sell any commodity in a manner contrary to the law or contrary to HOUSE BILL No. 2255—page 13
673-any rule and regulation;
674-(7) to use in retail trade, except in preparation of packages of
866+(B) computation of any charge for services rendered on the basis of
867+weight or measure; or
868+(C) determining weight or measure, either when a charge is made for
869+such determination or where no charge is made for use of such weight,
870+measure, weighing or measuring device;
871+(3) except as allowed in K.S.A. 83-225, and amendments thereto, to
872+break or remove any tag, mark or seal placed on any weighing or
873+measuring device by the secretary or a county or city inspector of weights
874+and measures,
875+ without specific written authorization from the proper
876+authority or to use a weighing or measuring device after the lapse of the
877+authorized period following the placing of a rejection tag thereon by the
878+secretary, unless further extension of time for any repair purposes is first
879+obtained from the secretary to;
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923+(4) to sell, offer or expose for sale, less than the represented quantity
924+of any commodity, thing or service;
925+(5) to take or attempt to take more of the represented quantity of any
926+commodity, thing or service when the buyer furnishes the weight, measure
927+or weighing or measuring device by which the amount of any commodity,
928+thing or service is determined;
929+(6) to
930+keep for the purpose of sale, or to offer or expose for sale, or to
931+sell any commodity in a manner contrary to the law or contrary to any rule
932+and regulation;
933+(7) to
934+use in retail trade, except in preparation of packages of
675935 merchandise put up in advance of sale, a weighing or measuring device
676-that is not so positioned that its indications may be accurately read and
677-the weighing or measuring operation observed from a reasonable
678-customer position;
679-(8) to violate any of the provisions of this chapter 83 of the Kansas
936+that is not so positioned that its indications may be accurately read and the
937+weighing or measuring operation observed from a reasonable customer
938+position;
939+(8) to
940+violate any of the provisions of this chapter 83 of the Kansas
680941 Statutes Annotated, and amendments thereto, or rules and regulations
681942 adopted thereunder, for which a specific penalty is not provided;
682-(9) to sell or offer for sale, or use or possess for the purpose of
683-selling or using any device or instrument to be used or calculated to
684-falsify any weight or measure;
943+(9) to sell or offer for sale, or use or possess for the purpose of selling
944+or using any device or instrument to be used or calculated to falsify any
945+weight or measure;
685946 (10) to dispose of any rejected weight or measure in a manner
686947 contrary to law or rules and regulations;
687948 (11) to expose for sale, offer for sale or sell any commodity in
688949 package form, without it such commodity being so wrapped, or the
689-container so made, formed or filled, that it will not mislead the
690-purchaser as to the quantity of the contents of the package;
950+container so made, formed or filled, that it will not mislead the purchaser
951+as to the quantity of the contents of the package;
691952 (12) to expose for sale, offer for sale or sell any commodity in any
692953 container where in which the contents of the container fall below such
693-reasonable standard of fill as may have been prescribed for the
694-commodity in question by the secretary;
695-(13) to misrepresent the price of any commodity or service sold,
696-offered, exposed or advertised for sale by weight, measure or count, nor
697-or represent the price in any manner calculated or tending to mislead or
698-in any way deceive any person;
699-(14) to misrepresent, or represent in a manner calculated or
700-tending to mislead or deceive an actual or prospective purchaser, the
701-price of an item offered, exposed or advertised for sale at retail;
702-(15) to limit, exclude or otherwise fail to provide access to
703-generic, store brand or less costly versions of products on electronic
704-and online ordering applications or similar systems unless such items
705-are out of stock or unavailable for in-store purchase;
706-(16) compute or attempt to compute at the time of sale of an item,
707-a value which that is not a true extension of a price per unit which that
708-is then advertised, posted or quoted;
709-(16)(17) to charge or attempt to charge, at the time of the sale of
710-an item or commodity, a value which that is more than the price which
711-that is advertised, posted or quoted;
712-(17)(18) to alter a weight certificate, use or attempt to use any
713-such certificate for any load or part of a load or for articles or things
714-other than for which the certificate is given, or, after weighing and
715-before the delivery of any articles or things so weighted, alter or
716-diminish the quantity thereof;
717-(18)(19) to hinder or obstruct the secretary in any way the
718-secretary or any of the secretary's authorized agents in the performance
719-of the secretary's official duties under this chapter 83 of the Kansas
720-Statutes Annotated, and amendments thereto, or any rules and
721-regulations adopted thereunder or to fail to produce, upon demand by
722-the secretary, all weights, measures, balances, devices used for
723-weighing, measuring or both, dispensing devices or electric vehicle
724-supply equipment that are subject to the provisions of this chapter;
725-(19)(20) to fail to follow the standards and requirements
726-established in K.S.A. 83-202, and amendments thereto, or any rules and
727-regulations adopted thereunder;
728-(20)(21) to fail to pay all fees and penalties as prescribed by this
729-chapter 83 of the Kansas Statutes Annotated, and amendments thereto,
730-and the rules and regulations adopted thereunder;
731-(21)(22) to fail to keep or make available for examination or
732-provide to the secretary all inspection reports, test reports and any other
733-service reports or other information on any device owned or operated
734-by the owner or any agent or employee of the owner and other
735-information necessary for the enforcement of this chapter 83 of the
736-Kansas Statutes Annotated, and amendments thereto, or any rules and HOUSE BILL No. 2255—page 14
737-regulations adopted thereunder, and as required by the secretary;
738-(22)(23) to fail to have any commercial weight, measure or device
739-used for weighing and, measuring device or both tested as required by
740-this chapter 83 of the Kansas Statutes Annotated, and amendments
741-thereto, or any rules and regulations adopted thereunder;
742-(23)(24) to sell or offer or expose for sale liquefied petroleum gas
743-in packages or containers which that do not bear a statement as to tare
744-and net weight as required by this chapter 83 of the Kansas Statutes
745-Annotated, and amendments thereto, or any rules and regulations
746-adopted thereunder, or packages or containers which that bear a false
747-statement as to weights;
748-(24)(25) to sell, use, remove, or otherwise dispose of, or fail to
749-remove from the premises specified, any weighing or measuring device
750-or package or commodity contrary to the terms of any order issued by
751-the secretary;
752-(25)(26) to violate any order issued by the secretary pursuant to
753-this chapter 83 of the Kansas Statutes Annotated, and amendments
754-thereto; and
755-(26)(27) to prohibit a buyer or seller from observing the weighing
756-or operation of any transaction to which such buyer or seller is a party;
757-(28) falsely make or alter or cause or procure to be falsely made
758-or altered with intent to defraud, any scale ticket or other written
759-record evidencing or relating to the weight of any personal property or
760-any entry or item thereon; and
761-(29) for hire, weigh any vehicle at an attended public scale or
762-issue any scale ticket or other written record evidencing or relating to
763-the weight of such vehicle or the load thereon, unless such scale ticket
764-or written record shows the date, time and place of the weighing and
765-the signature of the weigher.
954+reasonable standard of fill as may have been prescribed for the commodity
955+in question by the secretary;
956+(13) to
957+misrepresent the price of any commodity or service sold,
958+offered, exposed or advertised for sale by weight, measure or count, nor or
959+represent the price in any manner calculated or tending to mislead or in
960+any way deceive any person;
961+(14) to misrepresent, or represent in a manner calculated or tending to
962+mislead or deceive an actual or prospective purchaser, the price of an item
963+offered, exposed or advertised for sale at retail;
964+(15) to compute or attempt to compute at the time of sale of an item, a
965+value which that is not a true extension of a price per unit which that is
966+then advertised, posted or quoted;
967+(16) to charge or attempt to charge, at the time of the sale of an item
968+or commodity, a value which that is more than the price which that is
969+advertised, posted or quoted;
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1013+(17) to alter a weight certificate, use or attempt to use any such
1014+certificate for any load or part of a load or for articles or things other than
1015+for which the certificate is given, or, after weighing and before the delivery
1016+of any articles or things so weighted, alter or diminish the quantity thereof;
1017+(18) to
1018+hinder or obstruct the secretary in any way the secretary or
1019+any of the secretary's authorized agents in the performance of the
1020+secretary's official duties under this chapter 83 of the Kansas Statutes
1021+Annotated, and amendments thereto, or any rules and regulations adopted
1022+thereunder or to fail to produce, upon demand by the secretary, all
1023+weights, measures, balances, devices used for weighing, measuring or
1024+both, dispensing devices or electric vehicle supply equipment that are
1025+subject to the provisions of this chapter;
1026+(19) to
1027+fail to follow the standards and requirements established in
1028+K.S.A. 83-202, and amendments thereto, or any rules and regulations
1029+adopted thereunder;
1030+(20) to fail to pay all fees and penalties as prescribed by this chapter
1031+83 of the Kansas Statutes Annotated, and amendments thereto, and the
1032+rules and regulations adopted thereunder;
1033+(21) to fail to keep or make available for examination or provide to
1034+the secretary all inspection reports, test reports and any other service
1035+reports or other information on any device owned or operated by the
1036+owner or any agent or employee of the owner and other information
1037+necessary for the enforcement of this chapter 83 of the Kansas Statutes
1038+Annotated, and amendments thereto, or any rules and regulations adopted
1039+thereunder, and as required by the secretary;
1040+(22) to fail to have any commercial weight, measure or device used
1041+for weighing and, measuring device or both tested as required by this
1042+chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or
1043+any rules and regulations adopted thereunder;
1044+(23) to sell or offer or expose for sale liquefied petroleum gas in
1045+packages or containers which that do not bear a statement as to tare and
1046+net weight as required by this chapter 83 of the Kansas Statutes Annotated,
1047+and amendments thereto, or any rules and regulations adopted thereunder,
1048+or packages or containers which that bear a false statement as to weights;
1049+(24) to sell, use, remove, or otherwise dispose of, or fail to remove
1050+from the premises specified, any weighing or measuring device or package
1051+or commodity contrary to the terms of any order issued by the secretary;
1052+(25) to violate any order issued by the secretary pursuant to this
1053+chapter 83 of the Kansas Statutes Annotated, and amendments thereto; and
1054+(26) to prohibit a buyer or seller from observing the weighing or
1055+operation of any transaction to which such buyer or seller is a party;
1056+(27) falsely make or alter or cause or procure to be falsely made or
1057+altered with intent to defraud, any scale ticket or other written record
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1101+evidencing or relating to the weight of any personal property or any entry
1102+or item thereon; and
1103+(28) weigh any vehicle at an attended public scale or issue any scale
1104+ticket or other written record evidencing or relating to the weight of such
1105+vehicle or the load thereon, unless such scale ticket or written record
1106+shows the date, time and place of the weighing and the signature of the
1107+weigher.
7661108 (b) It shall be unlawful for any service company or technical
7671109 representative to knowingly:
7681110 (1) Act as or represent such person's self to be a technical
7691111 representative without having a valid license issued by the Kansas
7701112 department of agriculture;
771-(2) certify a device as correct unless the device meets the
772-tolerances and specifications as required by this chapter 83 of the
773-Kansas Statutes Annotated, and amendments thereto, or any rules and
774-regulations adopted thereunder;
775-(3) hinder or obstruct in any way the secretary in the performance
776-of the secretary's official duties under this chapter 83 of the Kansas
777-Statutes Annotated, and amendments thereto, or any rules and
778-regulations adopted thereunder;
779-(4) fail to follow the standards and requirements set forth in
780-K.S.A. 83-202, and amendments thereto, or any rules and regulations
781-adopted thereunder;
1113+(2) certify a device as correct unless the device meets the tolerances
1114+and specifications as required by this chapter 83 of the Kansas Statutes
1115+Annotated, and amendments thereto, or any rules and regulations adopted
1116+thereunder;
1117+(3) hinder or obstruct in any way the secretary in the performance of
1118+the secretary's official duties under this chapter 83 of the Kansas Statutes
1119+Annotated, and amendments thereto, or any rules and regulations adopted
1120+thereunder;
1121+(4) fail to follow the standards and requirements set forth in K.S.A.
1122+83-202, and amendments thereto, or any rules and regulations adopted
1123+thereunder;
7821124 (5) fail to complete the testing or placing-in-service report in its
7831125 entirety and to report the accurate description of the parts replaced,
7841126 adjusted, reconditioned or work performed;
7851127 (6) file a false or fraudulent service company or technical
7861128 representative application or reports to the secretary;
787-(7) fail to pay all fees and penalties as prescribed by this chapter
788-83 of the Kansas Statutes Annotated, and amendments thereto, and the
789-rules and regulations adopted thereunder;
1129+(7) fail to pay all fees and penalties as prescribed by this chapter 83
1130+of the Kansas Statutes Annotated, and amendments thereto, and the rules
1131+and regulations adopted thereunder;
7901132 (8) fail to keep or make available for examination in an accessible
7911133 and legible manner or provide to the secretary in a legible manner all
7921134 inspection reports, test reports, and any other service or report work
793-information on any device which that the service company or an agent
794-or employee performed work on and other information necessary for
795-the enforcement of this chapter 83 of the Kansas Statutes Annotated,
796-and amendments thereto, or any rules and regulations adopted
797-thereunder; or
1135+information on any device which that the service company or an agent or
1136+employee performed work on and other information necessary for the
1137+enforcement of this chapter 83 of the Kansas Statutes Annotated, and
1138+amendments thereto, or any rules and regulations adopted thereunder; or
7981139 (9) sell, offer or expose for sale a device used for weighing or,
799-measuring device or both intended to be used commercially, which that
800-is not traceable to a national type evaluation program certificate of HOUSE BILL No. 2255—page 15
1140+measuring device or both intended to be used commercially, which that is
1141+not traceable to a national type evaluation program certificate of
8011142 conformance.
802-(c) For the purpose of subsection (a)(4), the selling and delivery of
803-a stated quantity of any commodity shall be prima facie evidence of
804-representations on the part of the seller that the quantity sold and
805-delivered was the quantity bought by the purchaser.
1143+(c) For the purpose of subsection (a)(4), the selling and delivery of a
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1187+stated quantity of any commodity shall be prima facie evidence of
1188+representations on the part of the seller that the quantity sold and delivered
1189+was the quantity bought by the purchaser.
8061190 (d) Violation of this section shall be deemed a deceptive act and
807-practice as defined by K.S.A. 50-626, and amendments thereto.
808-Violations of the provisions of K.S.A. 83-219, and amendments thereto,
809-may be enforced by the secretary under the administrative provisions of
810-this chapter 83 of the Kansas Statutes Annotated, and amendments
811-thereto, or by the attorney general or a county or district attorney under
812-the Kansas consumer protection act.
813-Sec. 12. K.S.A. 83-220 is hereby amended to read as follows: 83-
814-220. Any person violating any of the provisions of article 2 of this
1191+practice as defined by K.S.A. 50-626, and amendments thereto. Violations
1192+of the provisions of K.S.A. 83-219, and amendments thereto, may be
1193+enforced by the secretary under the administrative provisions of this
8151194 chapter 83 of the Kansas Statutes Annotated, and amendments thereto,
816-or violating any rules and regulations adopted thereunder shall be guilty
817-of a class A, a nonperson misdemeanor. Each separate violation shall
818-be a separate misdemeanor.
819-Sec. 13. K.S.A. 83-221 is hereby amended to read as follows: 83-
820-221. All inspections and tests to inspect, test and seal, certify or reject
821-any dispensing device, as defined in K.S.A. 83-401, and amendments
822-thereto, or the capacity of any vehicle tank used in the transportation of
823-liquefied petroleum gas, motor-vehicle fuels or liquid fuels shall be
824-made in compliance with the provisions of this chapter 83 of the
825-Kansas Statutes Annotated, and amendments thereto, and the rules and
826-regulations promulgated thereunder.
827-Sec. 14. K.S.A. 83-222 is hereby amended to read as follows: 83-
828-222. Except as otherwise provided in article 2 of this chapter 83 of the
829-Kansas Statutes Annotated, and amendments thereto, all rules and
830-regulations adopted under the provisions of article 1 of this chapter 83
831-of the Kansas Statutes Annotated in existence immediately prior to July
832-1, 1985, shall continue to be effective and shall be deemed to be the
833-rules and regulations of the secretary of agriculture until revised,
834-amended, repealed or nullified pursuant to law.
835-Sec. 15. K.S.A. 83-224 is hereby amended to read as follows: 83-
836-224. If any part or parts of this act chapter are held to be invalid or
1195+ or
1196+by the attorney general or a county or district attorney under the Kansas
1197+consumer protection act.
1198+Sec. 11. K.S.A. 83-220 is hereby amended to read as follows: 83-220.
1199+Any person violating any of the provisions of article 2 of this chapter 83 of
1200+the Kansas Statutes Annotated, and amendments thereto, or violating any
1201+rules and regulations adopted thereunder shall be guilty of a class A, a
1202+nonperson misdemeanor. Each separate violation shall be a separate
1203+misdemeanor.
1204+Sec. 12. K.S.A. 83-221 is hereby amended to read as follows: 83-221.
1205+All inspections and tests to inspect, test and seal, certify or reject any
1206+dispensing device, as defined in K.S.A. 83-401, and amendments thereto,
1207+or the capacity of any vehicle tank used in the transportation of liquefied
1208+petroleum gas, motor-vehicle fuels or liquid fuels shall be made in
1209+compliance with the provisions of this chapter 83 of the Kansas Statutes
1210+Annotated, and amendments thereto, and the rules and regulations
1211+promulgated thereunder.
1212+Sec. 13. K.S.A. 83-222 is hereby amended to read as follows: 83-222.
1213+Except as otherwise provided in article 2 of this chapter 83 of the Kansas
1214+Statutes Annotated, and amendments thereto, all rules and regulations
1215+adopted under the provisions of article 1 of this chapter 83 of the Kansas
1216+Statutes Annotated in existence immediately prior to July 1, 1985, shall
1217+continue to be effective and shall be deemed to be the rules and regulations
1218+of the secretary of agriculture until revised, amended, repealed or nullified
1219+pursuant to law.
1220+Sec. 14. K.S.A. 83-224 is hereby amended to read as follows: 83-224.
1221+If any part or parts of this act chapter are held to be invalid or
8371222 unconstitutional by any court, it shall be conclusively presumed that the
8381223 legislature would have enacted the remainder of this act without such
8391224 invalid or unconstitutional part or parts.
840-Sec. 16. K.S.A. 83-225 is hereby amended to read as follows: 83-
841-225. (a) A licensed service company or a city or county department of
842-weights and measures shall be authorized to remove an official
843-rejection tag or other mark placed on a scale device used for weighing,
844-measuring or both, a dispensing device or electric vehicle supply
845-equipment by authority of the secretary for the purpose of testing or
846-repairing any scale such device or equipment.
847-(b) After the test is conducted and necessary repairs are
848-completed, the service company or city or county department of
849-weights and measures shall place the weighing and measuring device
850-or equipment in service and shall notify the secretary of such within the
851-time periods established by the secretary pursuant to rules and
852-regulations adopted hereunder.
853-(c) When a scale device or equipment cannot be repaired properly,
854-the service company or city or county department of weights and
855-measures shall replace the rejection tag or other mark with a substitute
856-rejection tag or other mark supplied by the department secretary and
857-shall notify the secretary within the time period as established by the
1225+Sec. 15. K.S.A. 83-225 is hereby amended to read as follows: 83-225.
1226+(a) A licensed service company or a city or county department of weights
1227+and measures shall be authorized to remove an official rejection tag or
1228+other mark placed on a scale
1229+ device used for weighing, measuring or both,
1230+a dispensing device or electric vehicle supply equipment by authority of
1231+the secretary for the purpose of testing or repairing any scale such device
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1275+or equipment.
1276+(b) After the test is conducted and necessary repairs are completed,
1277+the service company or city or county department of weights and measures
1278+shall place the weighing and measuring device or equipment in service and
1279+shall notify the secretary of such within the time periods established by the
8581280 secretary pursuant to rules and regulations adopted hereunder.
859-(d) This section shall apply to new and used scales devices used
860-for weighing, measuring or both, dispensing devices and electric
861-vehicle supply equipment.
862-(e) This section shall be supplemental to and part of the act
863-appearing in article 2 of chapter 83 of Kansas Statutes Annotated.
864-Administrative or civil penalties specified in K.S.A. 83-220, and HOUSE BILL No. 2255—page 16
865-amendments thereto, shall apply to violations of this section.
866-New Sec. 17. (a) Each person, other than an authorized
867-representative of the secretary or an authorized representative of a city
868-or county department of public inspection of weights and measures
869-established pursuant to K.S.A. 83-210, and amendments thereto,
870-desiring to operate and perform testing and other services as a service
871-company in Kansas shall apply to the secretary for a service company
872-license on a form to be supplied by the secretary and shall obtain such
873-license from the secretary before operating and performing testing or
874-other services as a service company.
1281+(c) When a scale
1282+ device or equipment cannot be repaired properly, the
1283+service company or city or county department of weights and measures
1284+shall replace the rejection tag or other mark with a substitute rejection tag
1285+or other mark supplied by the department secretary and shall notify the
1286+secretary within the time period as established by the secretary pursuant to
1287+rules and regulations adopted hereunder.
1288+(d) This section shall apply to new and used scales
1289+ devices used for
1290+weighing, measuring or both, dispensing devices and electric vehicle
1291+supply equipment.
1292+(e) This section shall be supplemental to and part of the act appearing
1293+in article 2 of chapter 83 of Kansas Statutes Annotated. Administrative or
1294+civil penalties specified in K.S.A. 83-220, and amendments thereto, shall
1295+apply to violations of this section.
1296+New Sec. 16. (a) Each person, other than an authorized representative
1297+of the secretary or an authorized representative of a city or county
1298+department of public inspection of weights and measures established
1299+pursuant to K.S.A. 83-210, and amendments thereto, desiring to operate
1300+and perform testing and other services as a service company in Kansas
1301+shall apply to the secretary for a service company license on a form to be
1302+supplied by the secretary and shall obtain such license from the secretary
1303+before operating and performing testing or other services as a service
1304+company.
8751305 (b) Each service company shall obtain a separate license for each
876-place of business maintained in Kansas by paying a license application
877-fee not to exceed $200 for each license sought. The secretary may set
878-the application fee by order. Each service company license shall expire
879-on June 30 following issuance, shall be void unless renewed prior to
880-the expiration and shall not be transferable. The license renewal fee for
881-each place of business shall be equal to the license application fee as
882-provided in this section.
1306+place of business maintained in Kansas by paying a license application fee
1307+not to exceed $200 for each license sought. The secretary may set the
1308+application fee by order. Each service company license shall expire on
1309+June 30 following issuance, shall be void unless renewed prior to the
1310+expiration and shall not be transferable. The license renewal fee for each
1311+place of business shall be equal to the license application fee as provided
1312+in this section.
8831313 (c) If any service company maintains any out-of-state places of
884-business that the company operates in serving Kansas patrons, the
885-service company seeking to obtain or renew a license under this section
886-shall list in the application such places of business and the firm names
887-under which the company operates at each such place of business. If
888-any out-of-state place of business is established by a service company
889-after being licensed under this section, the licensee shall supply such
890-information to the secretary before any work is performed in Kansas
891-from such out-of-state location. Each nonresident service company
892-shall designate a resident agent upon whom service of notice or process
893-may be made to enforce the provisions of this chapter or any liabilities
894-arising from operations thereunder. Each nonresident service company
895-that does not maintain an established place of business in Kansas shall
896-obtain a license under this section for each out-of-state place of
897-business and list on the application the firm name or names for each
898-place of business from which the service company intends to operate.
1314+business that the company operates in serving Kansas patrons, the service
1315+company seeking to obtain or renew a license under this section shall list
1316+in the application such places of business and the firm names under which
1317+the company operates at each such place of business. If any out-of-state
1318+place of business is established by a service company after being licensed
1319+under this section, the licensee shall supply such information to the
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1363+secretary before any work is performed in Kansas from such out-of-state
1364+location. Each nonresident service company shall designate a resident
1365+agent upon whom service of notice or process may be made to enforce the
1366+provisions of this chapter or any liabilities arising from operations
1367+thereunder. Each nonresident service company that does not maintain an
1368+established place of business in Kansas shall obtain a license under this
1369+section for each out-of-state place of business and list on the application
1370+the firm name or names for each place of business from which the service
1371+company intends to operate.
8991372 (d) Each technical representative shall be licensed annually by the
9001373 secretary. Except as provided in subsection (e), each technical
901-representative shall be required to attend continuing education seminars
902-on an annual basis as required by rules and regulations adopted by the
1374+representative shall be required to attend continuing education seminars on
1375+an annual basis as required by rules and regulations adopted by the
9031376 secretary and pass a reasonable examination prescribed by the secretary
904-each year prior to being licensed. Each technical representative's
905-license shall expire on June 30 following the issuance of the license and
906-shall be void unless renewed prior to the expiration.
907-(e) Each technical representative who has had 10 years of
908-continuous licensure with no administrative enforcement action
909-adjudicated against such technical representative during such 10-year
910-period shall be eligible to obtain a five-year license. The secretary shall
911-implement, by order, the fee for such five-year license. Such license fee
912-shall be an amount of not to exceed $500. Each technical representative
913-holding a five-year license shall be required to complete continuing
914-education as described in subsection (d) at a frequency of not to exceed
915-once per five-year period. The secretary may promulgate rules and
916-regulations to require any technical representative who has been
917-adjudicated in violation of this act or any rules and regulations
918-promulgated by the secretary to seek renewal of a license on an annual
919-basis, and the secretary may establish criteria for the reinstatement of
920-eligibility for a five-year license.
1377+each year prior to being licensed. Each technical representative's license
1378+shall expire on June 30 following the issuance of the license and shall be
1379+void unless renewed prior to the expiration.
1380+(e) Each technical representative who has had 10 years of continuous
1381+licensure with no administrative enforcement action adjudicated against
1382+such technical representative during such 10-year period shall be eligible
1383+to obtain a five-year license. The secretary shall implement, by order, the
1384+fee for such five-year license. Such license fee shall be an amount of not to
1385+exceed $500. Each technical representative holding a five-year license
1386+shall be required to complete continuing education as described in
1387+subsection (d) at a frequency of not to exceed once per five-year period.
1388+The secretary may promulgate rules and regulations to require any
1389+technical representative who has been adjudicated in violation of this act
1390+or any rules and regulations promulgated by the secretary to seek renewal
1391+of a license on an annual basis, and the secretary may establish criteria for
1392+the reinstatement of eligibility for a five-year license.
9211393 (f) The secretary is authorized to charge a fee to the attendees of
9221394 continuing education seminars sponsored by the Kansas department of
923-agriculture. The amount of such fee shall be not more than is necessary
924-to cover the expenses incurred in providing the seminar.
925-(g) No service company license may be issued or renewed under
926-this section until the applicant's weights or measures, or both, have
927-been tested for accuracy and sealed by the secretary. The secretary is
928-authorized to accept a calibration certificate for the applicant's weights HOUSE BILL No. 2255—page 17
929-or measures issued by the national institute of standards and technology
930-or by a metrology laboratory certified by the national institute of
931-standards and technology in lieu of a test by the secretary, if such
932-certificate shows that the weights or measures have been tested within
933-the last 365 days preceding the license application.
934-(h) The secretary shall remit all moneys received under this
935-section to the state treasurer in accordance with the provisions of
936-K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
937-remittance, the state treasurer shall deposit the entire amount in the
938-state treasury to the credit of the weights and measures fee fund.
939-New Sec. 18. (a) At any time after notice and opportunity for a
1395+agriculture. The amount of such fee shall be not more than is necessary to
1396+cover the expenses incurred in providing the seminar.
1397+(g) No service company license may be issued or renewed under this
1398+section until the applicant's weights or measures, or both, have been tested
1399+for accuracy and sealed by the secretary. The secretary is authorized to
1400+accept a calibration certificate for the applicant's weights or measures
1401+issued by the national institute of standards and technology or by a
1402+metrology laboratory certified by the national institute of standards and
1403+technology in lieu of a test by the secretary, if such certificate shows that
1404+the weights or measures have been tested within the last 365 days
1405+preceding the license application.
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1449+(h) The secretary shall remit all moneys received under this section to
1450+the state treasurer in accordance with the provisions of K.S.A. 75-4215,
1451+and amendments thereto. Upon receipt of each such remittance, the state
1452+treasurer shall deposit the entire amount in the state treasury to the credit
1453+of the weights and measures fee fund.
1454+New Sec. 17. (a) At any time after notice and opportunity for a
9401455 hearing are given accordance with the provisions of the Kansas
941-administrative procedure act, the secretary may revoke, suspend,
942-decline to renew or decline to issue a service company license or
943-technical representative's license, when the service company or
944-technical representative has:
1456+administrative procedure act, the secretary may revoke, suspend, decline to
1457+renew or decline to issue a service company license or technical
1458+representative's license, when the service company or technical
1459+representative has:
9451460 (1) Refused to provide the secretary with reasonably complete and
9461461 accurate information regarding methods used, materials used or work
9471462 performed as required by the secretary;
9481463 (2) failed to comply with any provision or requirement of this
9491464 chapter;
950-(3) failed to perform work in a manner consistent with the
951-standards set forth in this chapter; or
952-(4) committed an unlawful act as established in K.S.A. 83-219,
953-and amendments thereto, or any other provision of this chapter.
954-Sec. 19. K.S.A. 83-304 is hereby amended to read as follows: 83-
955-304. (a) Except as provided by subsection (e), the owner or operator of
956-a device used for weighing and, measuring device which or both that is
957-used commercially shall have such weighing and measuring device
958-tested and inspected at least annually for accuracy. The test and
959-inspection shall be conducted by either a licensed technical
960-representative employed by a licensed service company or by an
961-authorized representative of any city or county which that has
962-established a department of public inspection of weights and measures
963-pursuant to K.S.A. 83-210, and amendments thereto, or by the
964-secretary, which inspects such weighing and measuring device. Such
965-tests and inspections shall be conducted in accordance with the rules
966-and regulations adopted by the secretary. If, upon such testing and
967-inspection by the secretary or an authorized representative of the
968-secretary, it is found that the weighing and measuring device has not
969-been tested and inspected for accuracy and approved within the
970-preceding 365 days, the secretary or the authorized representative of
971-the secretary shall take the weighing and measuring device out of
972-service pursuant to the provisions of K.S.A. 83-215, and amendments
973-thereto. Except as provided further, the test weights or equipment used
974-by the service company shall have been approved and sealed by the
975-secretary pursuant to K.S.A. 83-214, and amendments thereto, within
976-365 days preceding the date of the tests. Test weights or equipment
977-which has that have the nominal capacity of 250 pounds or greater, are
978-housed in a grain elevator or similar structure and are used to test scales
979-in grain elevators or similar facilities shall have been approved and
980-sealed by the secretary pursuant to K.S.A. 83-214, and amendments
981-thereto, within three calendar years preceding the date of the test.
982-Except at the option of the a city or county which that has an
983-established department of public inspection of weights and measures,
984-tests and inspections shall be at the expense of the owner or operator of
985-the device used for weighing and, measuring device or both. In any city
986-or county which that has a department of public inspection which that
987-inspects such device used for weighing and, measuring device or both,
988-the test may be conducted by an authorized representative of the city or
989-county weights and measures department. Farmers or ranchers who
990-own and operate a weighing and measuring device used in private
991-treaty transactions are exempt from the annual testing requirements.
992-Volumetric provers which that are stationary or which exceed the HOUSE BILL No. 2255—page 18
993-testing capacity of the state metrology lab labratory due to engineering
994-design or the capacity of the prover are exempt from the annual testing
995-requirement.
1465+(3) failed to perform work in a manner consistent with the standards
1466+set forth in this chapter; or
1467+(4) committed an unlawful act as established in K.S.A. 83-219, and
1468+amendments thereto, or any other provision of this chapter.
1469+Sec. 18. K.S.A. 83-304 is hereby amended to read as follows: 83-304.
1470+(a) Except as provided by subsection (e), the owner or operator of a device
1471+used for weighing and
1472+, measuring device which or both that is used
1473+commercially shall have such weighing and measuring device tested and
1474+inspected at least annually for accuracy. The test and inspection shall be
1475+conducted by either a licensed technical representative employed by a
1476+licensed service company or by an authorized representative of any city or
1477+county which
1478+ that has established a department of public inspection of
1479+weights and measures pursuant to K.S.A. 83-210, and amendments
1480+thereto, or by the secretary, which inspects such weighing and measuring
1481+device. Such tests and inspections shall be conducted in accordance with
1482+the rules and regulations adopted by the secretary. If, upon such testing
1483+and inspection by the secretary or an authorized representative of the
1484+secretary, it is found that the weighing and measuring device has not been
1485+tested and inspected for accuracy and approved within the preceding 365
1486+days, the secretary or the authorized representative of the secretary
1487+ shall
1488+take the weighing and measuring device out of service pursuant to the
1489+provisions of K.S.A. 83-215, and amendments thereto. Except as provided
1490+further, the test weights or equipment used by the service company shall
1491+have been approved and sealed by the secretary pursuant to K.S.A. 83-214,
1492+and amendments thereto, within 365 days preceding the date of the tests.
1493+Test weights or equipment which has
1494+ that have the nominal capacity of
1495+250 pounds or greater, are housed in a grain elevator or similar structure
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1539+and are used to test scales in grain elevators or similar facilities shall have
1540+been approved and sealed by the secretary pursuant to K.S.A. 83-214, and
1541+amendments thereto, within three calendar years preceding the date of the
1542+test. Except at the option of the
1543+ a city or county which that has an
1544+established department of public inspection of weights and measures, tests
1545+and inspections shall be at the expense of the owner or operator of the
1546+device used for weighing and
1547+, measuring device or both. In any city or
1548+county which that has a department of public inspection which that
1549+inspects such device used for weighing and, measuring device or both, the
1550+test may be conducted by an authorized representative of the city or county
1551+weights and measures department. Farmers or ranchers who own and
1552+operate a weighing and measuring device used in private treaty
1553+transactions are exempt from the annual testing requirements. Volumetric
1554+provers which
1555+ that are stationary or which exceed the testing capacity of
1556+the state metrology lab labratory due to engineering design or the capacity
1557+of the prover are exempt from the annual testing requirement.
9961558 (b) A service company or the city or county department of public
997-inspection of weights and measures or an authorized representative of
998-the secretary which conducts tests pursuant to this section shall, at the
999-time of testing and inspection, promptly furnish to the owner or
1000-operator of the weighing and measuring device a report showing the
1001-results of the tests and inspection. The city or county department of
1002-public inspection of weights and measures and service company reports
1003-shall also be sent to the secretary, as required by rules and regulations
1004-adopted by the secretary. No report shall be furnished later than 10 days
1005-after the test or inspection of the device has occurredWhen tests or
1006-inspections are conducted pursuant to this section, a report showing
1007-the results of the tests or inspections shall be promptly furnished to the
1008-owner or operator. If the tests or inspections were not performed by the
1009-secretary, such reports shall also be sent to the secretary as required by
1010-rules and regulations adopted by the secretary and not later than 10
1011-days after the test or inspection of such device has occurred.
1559+inspection of weights and measures or an authorized representative of the
1560+secretary which conducts tests pursuant to this section shall, at the time of
1561+testing and inspection, promptly furnish to the owner or operator of the
1562+weighing and measuring device a report showing the results of the tests
1563+and inspection. The city or county department of public inspection of
1564+weights and measures and service company reports shall also be sent to the
1565+secretary, as required by rules and regulations adopted by the secretary. No
1566+report shall be furnished later than 10 days after the test or inspection of
1567+the device has occurredWhen tests or inspections are conducted pursuant
1568+to this section, a report showing the results of the tests or inspections shall
1569+be promptly furnished to the owner or operator. If the tests or inspections
1570+were not performed by the secretary, such reports shall also be sent to the
1571+secretary as required by rules and regulations adopted by the secretary
1572+and not later than 10 days after the test or inspection of such device has
1573+occurred.
10121574 (c) Subject to the provisions of K.S.A. 83-215, and amendments
1013-thereto, the owner or operator of a device used for weighing and,
1014-measuring device which or both that is found to be out of
1015-noncompliant with the tolerances or specifications required by this
1016-chapter 83 of the Kansas Statutes Annotated, and amendments thereto,
1017-or any rules and regulations adopted thereunder shall, immediately at
1018-the time of testing shall, withdraw immediately the weighing and
1019-measuring device from further use until the necessary corrections,
1020-adjustments or repairs are made and the weighing and measuring
1021-device is determined to be accurate by a service company or the, a city
1022-or county department of public inspection of weights and measures or
1023-an authorized representative of the secretary. Weighing and measuring
1024-devices which that have been repaired or serviced shall meet the
1025-tolerances and specifications established in this chapter 83 of the
1026-Kansas Statutes Annotated, and amendments thereto, and those rules
1027-and regulations adopted by the secretary prior to being placed or
1028-returned to service. The service company or the city or county
1029-department of public inspection of weights and measures shall notify
1030-the secretary of any weighing and measuring devices which that are
1031-found not to comply with such tolerances and specifications and are
1032-thus inaccurate and cannot be adjusted, repaired or serviced so as to
1033-comply with the standards and tolerances established in this chapter 83
1034-of the Kansas Statutes Annotated, and amendments thereto. Such
1035-notification shall be as required by the secretary, pursuant to rules and
1036-regulations. Such notification shall be furnished to the department no
1037-not later than 10 days after the service company or city or county
1038-department of public inspection of weights and measures has found the
1039-weighing and measuring device to be in noncompliance with the
1040-tolerance and specifications required for such weighing and measuring
1041-device. A copy of the report prepared by the service company or city or
1042-county department of public inspection of weights and measures or the
1043-secretary showing the results of the weighing and measuring device test
1044-and the work done to correct any deficiencies shall be filed with the
1045-secretary by the service company party who prepared the report.
1046-(d) Each service company shall be required to keep at such
1047-company's corporate headquarters or at such company's resident agent's
1048-office a copy of all reports regarding the installation, repair, calibration
1049-and other work that the service company or the technical
1050-representatives employed by the service company performed on the
1051-commercial weighing and or measuring devices. Such reports shall be
1052-legible and maintained in an accessible manner and for a period of time
1053-as established by the secretary pursuant to rules and regulations. The
1054-owner or operator of a device used for weighing and, measuring device
1055-or both shall also be required to retain copies of all reports regarding
1056-the installation, repair or adjustment or any of the aforementioned done HOUSE BILL No. 2255—page 19
1057-to the weighing and measuring device at the site where the measuring
1058-and weighing device is used. Such reports shall be legible and
1059-maintained in an accessible manner and for a period of time as
1575+thereto, the owner or operator of a device used for weighing and
1576+,
1577+measuring device which or both that is found to be out of noncompliant
1578+with the tolerances or specifications required by this chapter 83 of the
1579+Kansas Statutes Annotated, and amendments thereto, or any rules and
1580+regulations adopted thereunder shall, immediately at the time of testing
1581+shall, withdraw immediately the weighing and measuring device from
1582+further use until the necessary corrections, adjustments or repairs are made
1583+and the weighing and measuring device is determined to be accurate by a
1584+service company or the, a city or county department of public inspection
1585+of weights and measures or an authorized representative of the secretary.
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1629+Weighing and measuring devices which that have been repaired or
1630+serviced shall meet the tolerances and specifications established in this
1631+chapter 83 of the Kansas Statutes Annotated, and amendments thereto, and
1632+those rules and regulations adopted by the secretary prior to being placed
1633+or returned to service. The service company or the city or county
1634+department of public inspection of weights and measures shall notify the
1635+secretary of any weighing and measuring devices which
1636+ that are found not
1637+to comply with such tolerances and specifications and are thus inaccurate
1638+and cannot be adjusted, repaired or serviced so as to comply with the
1639+standards and tolerances established in this chapter 83 of the Kansas
1640+Statutes Annotated, and amendments thereto. Such notification shall be as
1641+required by the secretary, pursuant to rules and regulations. Such
1642+notification shall be furnished to the department no not later than 10 days
1643+after the service company or city or county department of public
1644+inspection of weights and measures has found the weighing and measuring
1645+device to be in noncompliance with the tolerance and specifications
1646+required for such weighing and measuring device. A copy of the report
1647+prepared by the service company or city or county department of public
1648+inspection of weights and measures or the secretary showing the results of
1649+the weighing and measuring device test and the work done to correct any
1650+deficiencies shall be filed with the secretary by the service
1651+company party
1652+who prepared the report.
1653+(d) Each service company shall be required to keep at such company's
1654+corporate headquarters or at such company's resident agent's office a copy
1655+of all reports regarding the installation, repair, calibration and other work
1656+that the service company or the technical representatives employed by the
1657+service company performed on the commercial weighing and or measuring
1658+devices. Such reports shall be legible and maintained in an accessible
1659+manner and for a period of time as established by the secretary pursuant to
1660+rules and regulations. The owner or operator of a device used for weighing
1661+and
1662+, measuring device or both shall also be required to retain copies of all
1663+reports regarding the installation, repair or adjustment or any of the
1664+aforementioned done to the weighing and measuring
1665+ device at the site
1666+where the measuring and weighing device is used. Such reports shall be
1667+legible and maintained in an accessible manner and for a period of time as
10601668 established by the secretary pursuant to rules and regulations.
10611669 (e) The secretary may adopt rules and regulations providing for
1062-inspection of vapor meters at intervals less frequently than annually if
1063-the secretary determines that annual inspections are not necessary to
1064-protect the public interest. In adopting any such rules and regulations,
1065-the secretary shall take into consideration the standard for inspections
1066-of vapor meters adopted by the national institute of standards and
1067-technology of the United States department of commerce.
1068-Sec. 20. K.S.A. 83-305 is hereby amended to read as follows: 83-
1069-305. When the secretary has been finds or is notified by a licensed
1070-service company, by an authorized representative of the secretary or by
1071-a city or county department of public inspection of weights and
1072-measures established pursuant to K.S.A. 83-210, and amendments
1073-thereto, that a device used for weighing and, measuring device or both
1074-does not comply with tolerances and specifications adopted by the
1075-secretary, by rule and regulation, then the secretary may test the
1076-weighing and measuring device for accuracy after repairs have been
1077-made.
1078-Sec. 21. K.S.A. 83-404 is hereby amended to read as follows: 83-
1079-404. (a) The owner or operator of a dispensing device which that is
1080-used for commercial purposes shall have such device tested and
1081-inspected at least once within every 18-month period. The test shall be
1082-conducted by either an authorized representative of any city or county
1083-which that has established a department of public inspection of weights
1084-and measures pursuant to K.S.A. 83-210, and amendments thereto, or
1085-by the secretary, which inspects such dispensing devices. Such
1086-inspections shall be conducted in accordance with rules and regulations
1087-adopted by the secretary. If, upon inspection by the secretary, it is found
1088-that the dispensing device has not been tested and inspected for
1089-accuracy and approved within the preceding 18 months, the secretary
1090-shall take the dispensing device out of service pursuant to the
1091-provisions of K.S.A. 83-215, and amendments thereto. The test weights
1092-and measures used by the service company shall have been approved
1093-and sealed by the secretary pursuant to K.S.A. 83-214, and
1094-amendments thereto, every 365 days. Except at the option of the city or
1095-county which that has an established department of public inspection of
1096-weights and measures, annual tests and inspections shall be at the
1097-expense of the owner or operator. In any city or county which that has a
1098-department of public inspection of weights and measures which that
1099-annually inspects such dispensing devices, the tests may be conducted
1100-by an authorized representative of such city or county weights and
1101-measures department. Farmers or ranchers who own and operate a
1102-dispensing device used in private treaty transactions are exempt from
1103-the annual testing requirements.
1104-(b) The city or county department of public inspection of weights
1105-and measures or the secretary which conducts tests pursuant to this
1106-section, at the time of testing and inspection, shall promptly furnish to
1107-the owner or operator a report showing the results of the tests and
1108-inspection. Such reports shall also be sent to the secretary, as required
1109-by rules and regulations adopted by the secretary, however, no report
1110-shall be furnished later than 10 days after the test or inspection of such
1111-device has occurred.When tests or inspections are conducted pursuant
1112-to this section, a report showing the results of the tests or inspections
1113-shall be promptly furnished to the owner or operator. If the tests or
1114-inspections were not performed by the secretary, such reports shall also
1115-be sent to the secretary as required by rules and regulations adopted by
1116-the secretary and not later than 10 days after the test or inspection of
1117-such device has occurred.
1670+inspection of vapor meters at intervals less frequently than annually if the
1671+secretary determines that annual inspections are not necessary to protect
1672+the public interest. In adopting any such rules and regulations, the
1673+secretary shall take into consideration the standard for inspections of vapor
1674+meters adopted by the national institute of standards and technology of the
1675+United States department of commerce.
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1719+Sec. 19. K.S.A. 83-305 is hereby amended to read as follows: 83-305.
1720+When the secretary has been finds or is notified by a licensed service
1721+company, by an authorized representative of the secretary or by a city or
1722+county department of public inspection of weights and measures
1723+established pursuant to K.S.A. 83-210, and amendments thereto, that a
1724+device used for weighing and
1725+, measuring device or both does not comply
1726+with tolerances and specifications adopted by the secretary, by rule and
1727+regulation, then the secretary may test the weighing and measuring device
1728+for accuracy after repairs have been made.
1729+Sec. 20. K.S.A. 83-404 is hereby amended to read as follows: 83-404.
1730+(a) The owner or operator of a dispensing device which that is used for
1731+commercial purposes shall have such device tested and inspected at least
1732+once within every 18-month period. The test shall be conducted by either
1733+an authorized representative of any city or county which that has
1734+established a department of public inspection of weights and measures
1735+pursuant to K.S.A. 83-210, and amendments thereto, or by the secretary,
1736+which inspects such dispensing devices. Such inspections shall be
1737+conducted in accordance with rules and regulations adopted by the
1738+secretary. If, upon inspection by the secretary, it is found that the
1739+dispensing device has not been tested and inspected for accuracy and
1740+approved within the preceding 18 months, the secretary shall take the
1741+dispensing device out of service pursuant to the provisions of K.S.A. 83-
1742+215, and amendments thereto. The test weights and measures used by the
1743+service company shall have been approved and sealed by the secretary
1744+pursuant to K.S.A. 83-214, and amendments thereto, every 365 days.
1745+Except at the option of the city or county which
1746+ that has an established
1747+department of public inspection of weights and measures, annual tests and
1748+inspections shall be at the expense of the owner or operator. In any city or
1749+county which that has a department of public inspection of weights and
1750+measures which that annually inspects such dispensing devices, the tests
1751+may be conducted by an authorized representative of such city or county
1752+weights and measures department. Farmers or ranchers who own and
1753+operate a dispensing device used in private treaty transactions are exempt
1754+from the annual testing requirements.
1755+(b) The city or county department of public inspection of weights and
1756+measures or the secretary which conducts tests pursuant to this section, at
1757+the time of testing and inspection, shall promptly furnish to the owner or
1758+operator a report showing the results of the tests and inspection. Such
1759+reports shall also be sent to the secretary, as required by rules and
1760+regulations adopted by the secretary, however, no report shall be furnished
1761+later than 10 days after the test or inspection of such device has
1762+occurred.When tests or inspections are conducted pursuant to this section,
1763+a report showing the results of the tests or inspections shall be promptly
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1807+furnished to the owner or operator. If the tests or inspections were not
1808+performed by the secretary, such reports shall also be sent to the secretary
1809+as required by rules and regulations adopted by the secretary and not later
1810+than 10 days after the test or inspection of such device has occurred.
11181811 (c) Subject to the provisions of K.S.A. 83-215, and amendments
1119-thereto, the owner and or operator of a dispensing device which that is
1120-found to be inaccurate at the time of testing shall immediately withdraw HOUSE BILL No. 2255—page 20
1812+thereto, the owner and
1813+ or operator of a dispensing device which that is
1814+found to be inaccurate at the time of testing shall immediately withdraw
11211815 immediately the device from further use until the necessary corrections,
11221816 adjustments or repairs are made and the device is determined to be
11231817 accurate by a service company or the, a city or county weights and
1124-measures department or an authorized representative of the secretary.
1125-The devices which Dispensing devices that have been repaired or
1126-serviced shall meet the tolerances and specifications adopted by the
1127-secretary by rules and regulations. The A service company or the city or
1128-county shall notify the secretary of any devices which that are found
1129-not to comply with such tolerances and specifications and those which
1130-that are not able to be serviced or repaired so as to comply with such
1131-tolerances and specifications. The service company shall and report to
1132-the secretary within the time frames and in a manner established in
1133-rules and regulations adopted by the secretary of any dispensing device
1134-which that has been installed, repaired, calibrated or fails to comply
1135-with the required tolerances and specifications.
1136-(d) Each service company shall be required to keep at such
1137-company's corporate headquarters or at such company's resident agent's
1138-office a copy of all reports regarding the installation, repair, calibration
1139-and other work that the service company or the technical
1140-representatives employed by the service company performed on the
1141-commercial dispensing devices. Such reports shall be legible and
1142-maintained in an accessible manner and for a period of time as
1143-established by the secretary pursuant to rules and regulations. The
1144-owner or operator of a dispensing device shall also be required to retain
1145-copies of all reports regarding installation, repair or adjustment or any
1146-of the aforementioned done to the dispensing device at the site where
1147-the dispensing device is used. Such reports shall be legible and
1148-maintained in an accessible manner and for a period of time as
1818+measures department or an authorized representative of the secretary. The
1819+devices which Dispensing devices that have been repaired or serviced shall
1820+meet the tolerances and specifications adopted by the secretary by rules
1821+and regulations. The A service company or the city or county shall notify
1822+the secretary of any devices which that are found not to comply with such
1823+tolerances and specifications and those which that are not able to be
1824+serviced or repaired so as to comply with such tolerances and
1825+specifications. The service company shall
1826+ and report to the secretary
1827+within the time frames and in a manner established in rules and regulations
1828+adopted by the secretary of any dispensing device which that has been
1829+installed, repaired, calibrated or fails to comply with the required
1830+tolerances and specifications.
1831+(d) Each service company shall be required to keep at such company's
1832+corporate headquarters or at such company's resident agent's office a copy
1833+of all reports regarding the installation, repair, calibration and other work
1834+that the service company or the technical representatives employed by the
1835+service company performed on the commercial dispensing devices. Such
1836+reports shall be legible and maintained in an accessible manner and for a
1837+period of time as established by the secretary pursuant to rules and
1838+regulations. The owner or operator of a dispensing device shall also be
1839+required to retain copies of all reports regarding installation, repair or
1840+adjustment or any of the aforementioned done to the dispensing device at
1841+the site where the dispensing device is used. Such reports shall be legible
1842+and maintained in an accessible manner and for a period of time as
11491843 established by the secretary pursuant to rules and regulations.
1150-Sec. 22. K.S.A. 83-405 is hereby amended to read as follows: 83-
1151-405. When the secretary finds or is notified by a licensed service
1152-company, an authorized representative of the secretary or by a city or
1153-county department of public inspection of weights and measures
1154-established pursuant to K.S.A. 83-210, and amendments thereto, that a
1155-dispensing device does not comply with tolerances and specifications
1156-adopted by the secretary, by rules and regulations, the secretary may
1157-test the dispensing device for accuracy after repairs have been made.
1158-Sec. 23. K.S.A. 83-501 is hereby amended to read as follows: 83-
1159-501. (a) In addition to any other penalty provided by law, any person
1160-who violates any provision of chapter 83 of the Kansas Statutes
1161-Annotated, and amendments thereto, or any rules and regulations
1162-adopted thereunder, this chapter may incur a civil penalty imposed
1163-under subsection (b) in the amount, fixed by rules and regulations of
1164-the secretary of agriculture, of not less than $100 nor more than $5,000
1165-for each such violation, and, in the case of a continuing violation, every
1166-day that such violation continues shall be deemed a separate violation.
1167-(b) In determining the amount of the civil penalty, the following
1168-shall be taken into consideration: (1) The extent of harm caused by the
1169-violation; (2) the nature and persistence of the violation; (3) the length
1170-of time over which the violation occurs; (4) any corrective actions
1171-taken; and (5) any and all relevant circumstances.
1844+Sec. 21. K.S.A. 83-405 is hereby amended to read as follows: 83-405.
1845+When the secretary finds or is notified by a licensed service company, an
1846+authorized representative of the secretary or by a city or county department
1847+of public inspection of weights and measures established pursuant to
1848+K.S.A. 83-210, and amendments thereto, that a dispensing device does not
1849+comply with tolerances and specifications adopted by the secretary, by
1850+rules and regulations, the secretary may test the dispensing device for
1851+accuracy after repairs have been made.
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1895+Sec. 22. K.S.A. 83-501 is hereby amended to read as follows: 83-501.
1896+(a) In addition to any other penalty provided by law, any person who
1897+violates any provision of chapter 83 of the Kansas Statutes Annotated, and
1898+amendments thereto, or any rules and regulations adopted thereunder, this
1899+chapter may incur a civil penalty imposed under subsection (b) in the
1900+amount, fixed by rules and regulations of the secretary of agriculture, of
1901+not less than $100 nor more than $5,000 for each such violation, and, in
1902+the case of a continuing violation, every day that such violation continues
1903+shall be deemed a separate violation.
1904+(b) In determining the amount of the civil penalty, the following shall
1905+be taken into consideration: (1) The extent of harm caused by the
1906+violation; (2) the nature and persistence of the violation; (3) the length of
1907+time over which the violation occurs; (4) any corrective actions taken; and
1908+(5) any and all relevant circumstances.
11721909 (c) All civil penalties assessed shall be due and payable within 10
11731910 days after written notice of assessment is served on the person, unless a
11741911 longer period of time is granted by the secretary. If a civil penalty is not
11751912 paid within the applicable time period, the secretary may file a certified
1176-copy of the notice of assessment with the clerk of the district court in
1177-the county where the weighing and measuring device or dispensing
1178-device is located. The notice of assessment shall be enforced in the
1179-same manner as a judgment of the district court.
1180-(d) No civil penalty shall be imposed pursuant to this section
1181-except upon the written order of the duly authorized agent of the
1182-secretary to the person who committed the violation or to the person
1183-whose agent or employee committed the violation. Such order shall
1184-state the violation, the penalty to be imposed and the right of the person HOUSE BILL No. 2255—page 21
1185-to appeal to the secretary. Any such person, within 20 days after
1186-notification, may make written request to the secretary for a be subject
1187-to notice and a hearing in accordance with the provisions of the Kansas
1188-administrative procedure act. The secretary shall affirm, reverse or
1189-modify the order and shall specify the reasons therefor.
1190-(e) Any person aggrieved by an order of the secretary made under
1191-this section may appeal such order to the district court in the manner
1192-provided by the Kansas judicial review act.
1913+copy of the notice of assessment with the clerk of the district court in the
1914+county where the weighing and measuring device or dispensing device is
1915+located. The notice of assessment shall be enforced in the same manner as
1916+a judgment of the district court.
1917+(d) No civil penalty shall be imposed pursuant to this section except
1918+upon the written order of the duly authorized agent of the
1919+ secretary to the
1920+person who committed the violation or to the person whose agent or
1921+employee committed the violation. Such order shall state the violation, the
1922+penalty to be imposed and the right of the person to appeal to the secretary.
1923+Any such person, within 20 days after notification, may make written
1924+request to the secretary for a be subject to notice and a hearing in
1925+accordance with the provisions of the Kansas administrative procedure act.
1926+The secretary shall affirm, reverse or modify the order and shall specify
1927+the reasons therefor.
1928+(e) Any person aggrieved by an order of the secretary made under this
1929+section may appeal such order to the district court in the manner provided
1930+by the Kansas judicial review act.
11931931 (f) An appeal to the district court or to an appellate court shall not
11941932 stay the payment of the civil penalty.
11951933 (g) Any civil penalty recovered pursuant to the provisions of this
11961934 section or recovered under the consumer protection act for violations of
1197-any provision of K.S.A. 83-219, and amendments thereto, shall be
1198-remitted to the state treasurer in accordance with the provisions of
1199-K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
1200-remittance, the state treasurer shall deposit the entire amount in the
1201-state treasury to the credit of the weights and measures fee fund.
1202-Sec. 24. K.S.A. 2-1933, 83-149, 83-154, 83-155, 83-201, 83-202,
1203-83-207, 83-208, 83-214, 83-215, 83-216, 83-217, 83-218, 83-219, 83-
1204-220, 83-221, 83-222, 83-224, 83-225, 83-301, 83-302, 83-303, 83-304,
1205-83-305, 83-308, 83-311, 83-326, 83-401, 83-402, 83-403, 83-404, 83-
1206-405, 83-407, 83-409, 83-410, 83-411, 83-501 and 83-502 are hereby
1207-repealed.
1208-Sec. 25. This act shall take effect and be in force from and after its
1935+any provision of K.S.A. 83-219, and amendments thereto, shall be remitted
1936+to the state treasurer in accordance with the provisions of K.S.A. 75-4215,
1937+and amendments thereto. Upon receipt of each such remittance, the state
1938+treasurer shall deposit the entire amount in the state treasury to the credit
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1981+43 HB 2255 25
1982+of the weights and measures fee fund.
1983+New Sec. 23. (a) The owner or operator of electric vehicle supply
1984+equipment that is used for commercial purposes shall have such device
1985+tested and inspected at least once annually. The testing and inspection shall
1986+be conducted by either a licensed technical representative employed by a
1987+licensed service company, by an authorized representative of any city or
1988+county that has established a department of public inspection of weights
1989+and measures pursuant to K.S.A. 83-210, and amendments thereto, or by
1990+the secretary. Such testing and inspection shall be conducted in accordance
1991+with the rules and regulations adopted by the secretary. If, upon such
1992+testing and inspection, it is found that the electric vehicle supply
1993+equipment has not been tested and inspected for accuracy and approved
1994+within the preceding 365 days, the secretary shall take the electric vehicle
1995+supply equipment out of service pursuant to the provisions of K.S.A. 83-
1996+215, and amendments thereto. Test weights and measures used by a
1997+technical representative employed by a licensed service company pursuant
1998+to this subsection shall have been approved and sealed by the secretary
1999+pursuant to K.S.A. 83-214, and amendments thereto, within the preceding
2000+365 days. Except at the option of a city or county that has an established
2001+department of public inspection of weights and measures, annual tests and
2002+inspections shall be at the expense of the owner or operator.
2003+(b) When tests or inspections are conducted pursuant to this section, a
2004+report showing the results of the tests or inspections shall be promptly
2005+furnished to the owner or operator. If the tests or inspections were not
2006+performed by the secretary, such reports shall also be sent to the secretary
2007+as required by rules and regulations adopted by the secretary and not later
2008+than 10 days after the test or inspection of such device has occurred.
2009+(c) The owner or operator of electric vehicle supply equipment that is
2010+found to be inaccurate at the time of testing required by this subsection
2011+shall immediately withdraw the electric vehicle supply equipment from
2012+further use until the necessary corrections, adjustments or repairs are made
2013+and the secretary, a technical representative employed by a licensed
2014+service company, or a representative of a city or county weights and
2015+measures department determines that the electric vehicle supply equipment
2016+is accurate. All electric vehicle supply equipment that has been repaired or
2017+serviced shall meet the tolerances and specifications adopted by the
2018+secretary by rules and regulations. Each service company and each city or
2019+county that performs tests and inspections pursuant to this subsection shall,
2020+within the timeframe and in the manner established in rules and
2021+regulations adopted by the secretary, notify the secretary of all electric
2022+vehicle supply equipment that has been installed, repaired, calibrated or
2023+found not to comply with such tolerances and specifications and of all
2024+electric vehicle supply equipment that is not able to be serviced or repaired
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2067+43 HB 2255 26
2068+so as to comply with such tolerances and specifications.
2069+(d) Each service company shall be required to maintain at such
2070+service company's corporate headquarters or resident agent's office a copy
2071+of all reports regarding all installation, repair, calibration, adjustment or
2072+other work that the service company or any technical representative
2073+employed by the service company has performed on electric vehicle
2074+supply equipment, including installation, repair, calibration, adjustment or
2075+other work performed at the site where the electric vehicle supply
2076+equipment is used. Such reports shall be legible and maintained in an
2077+accessible manner and for a period of time as established by the secretary
2078+pursuant to rules and regulations.
2079+New Sec. 24. When the secretary finds or is notified by a licensed
2080+service company, an authorized representative of the secretary or by or a
2081+city or county department of public inspection of weights and measures
2082+established pursuant to K.S.A. 83-210, and amendments thereto, that an
2083+electric vehicle supply equipment does not comply with tolerances and
2084+specifications adopted by the secretary, by rules and regulations, the
2085+secretary may test the electric vehicle supply equipment for accuracy after
2086+repairs have been made.
2087+Sec. 25. K.S.A. 83-149, 83-154, 83-155, 83-201, 83-202, 83-207, 83-
2088+208, 83-214, 83-215, 83-216, 83-217, 83-218, 83-219, 83-220, 83-221, 83-
2089+222, 83-224, 83-225, 83-301, 83-302, 83-303, 83-304, 83-305, 83-308, 83-
2090+311, 83-326, 83-401, 83-402, 83-403, 83-404, 83-405, 83-407, 83-409, 83-
2091+410, 83-411, 83-501 and 83-502 are hereby repealed.
2092+Sec. 26. This act shall take effect and be in force from and after its
12092093 publication in the statute book.
1210-I hereby certify that the above BILL originated in the HOUSE, and was
1211-adopted by that body
1212-
1213-HOUSE adopted
1214-Conference Committee Report
1215-
1216-Speaker of the House.
1217-
1218-Chief Clerk of the House.
1219-Passed the SENATE
1220- as amended
1221-SENATE adopted
1222-Conference Committee Report
1223-
1224-President of the Senate.
1225-
1226-Secretary of the Senate.
1227-APPROVED
1228-
1229-
1230-Governor.
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