HOUSE BILL No. 2255
AN ACT concerning the Kansas department of agriculture; relating to weights and
measures; consolidating chapter 83 definitions into a single section; defining device
for weighing, measuring or both; increasing the minimum fee per invoice from $50 to
$70; authorizing licensed service companies and city or county departments of
weights and measures to remove rejection tags for test or repair purposes; requiring
any such entity to replace the rejection tag with a substitute if the device or
equipment cannot be repaired and notify the secretary; requiring persons desiring to
operate as a service company to obtain a license; establishing fees and procedures for
such licensure; requiring nonresident service companies to designate a resident agent;
requiring technical representatives to be licensed, attend continuing education
seminars and pass an examination; authorizing the secretary to charge a fee for
continuing education seminars; prohibiting service companies from receiving or
renewing a license until their weights or measures, or both, are tested and sealed;
authorizing the secretary to accept a calibration certificate in lieu of a test;
authorizing the secretary to revoke, suspend, decline to renew or decline to issue a
service company or technical representative license after notice and hearing for
certain violations; requiring weights or measurers, or both used commercially to be
tested and inspected annually by a licensed technical representative, an authorized
city or county representative or the secretary; requiring test weights or equipment
used in grain elevators to be approved and sealed annually, or every three years for
those with a nominal capacity of 250 pounds or greater; requiring reports of tests and
inspections to be furnished to the owner or operator and the secretary within 10 days;
relating to the Kansas conservation reserve enhancement program; increasing the
acreage cap for CREPs from 40,000 to 60,000 acres; clarifying the county acreage
cap for CREPs and that the last eligible offer for enrollment exceeding applicable
acreage caps may be approved; removing the limitation on acres eligible for CREP
enrollment based on expired federal contracts; adding a general ineligibility criterion
based on federal ineligibility; allowing CREP contracts for dryland farming or limited
irrigation for water quantity goals; removing the prohibition on participation in CREP
for government-owned water rights; clarifying current CREP criteria related to water
right usage, sanctions and reporting; allowing exceptions to eligibility criteria based
on factors such as location in high-priority water conservation areas, high-flow
capacity wells, circumstances like bankruptcy or probate and enrollment in other
water conservation programs; modifying the reporting requirements to cover the
preceding five years; amending K.S.A. 2-1933, 83-201, 83-202, 83-207, 83-208, 83-
214, 83-215, 83-216, 83-217, 83-218, 83-219, 83-220, 83-221, 83-222, 83-224, 83-
225, 83-304, 83-305, 83-404, 83-405 and 83-501 and repealing the existing sections;
also repealing K.S.A. 83-149, 83-154, 83-155, 83-301, 83-302, 83-303, 83-308, 83-
311, 83-326, 83-401, 83-402, 83-403, 83-407, 83-409, 83-410, 83-411 and 83-502.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2-1933 is hereby amended to read as follows: 2-
1933. (a) As used in this section, "division" means the division of
conservation established within the Kansas department of agriculture in
K.S.A. 74-5,126, and amendments thereto.
(b) The division shall administer the conservation reserve
enhancement program (CREP) on behalf of the state of Kansas
pursuant to agreements with the United States department of agriculture
for the purpose of implementing beneficial water quality and water
quantity projects concerning agricultural lands within targeted
watersheds to be enrolled in CREP.
(c) There is hereby established in the state treasury the Kansas
conservation reserve enhancement program fund, which shall be
administered by the division. All expenditures from the Kansas
conservation reserve enhancement program fund shall be for the
implementation of CREP pursuant to agreements between the state of
Kansas and the United States department of agriculture. All
expenditures from such fund shall be made in accordance with
appropriation acts upon warrants of the director of accounts and reports
issued pursuant to vouchers approved by the secretary of agriculture or
by the secretary's designee.
(d) The division may request the assistance of other state agencies,
Kansas state university, local governments and private entities in the
implementation of CREP.
(e) The division may receive and expend moneys from the federal
or state government or private sources for the purpose of carrying out
the provisions of this section. All moneys received shall be remitted to
the state treasurer in accordance with the provisions of K.S.A. 75-4215,
and amendments thereto. Upon receipt of each such remittance, the
state treasurer shall deposit the entire amount in the state treasury to the
credit of the Kansas conservation reserve enhancement program fund.
The division shall carry over unexpended moneys in the Kansas HOUSE BILL No. 2255—page 2
conservation reserve enhancement program fund from one fiscal year to
the next.
(f) The division may enter into cost-share contracts with
landowners that will result in fulfilling specific objectives of projects
approved in agreements between the United States department of
agriculture and the state of Kansas.
(g) The division shall administer all CREPs in Kansas subject to
the following criteria:
(1) The aggregate total number of acres enrolled in Kansas in all
CREPs shall not exceed 40,000 60,000 acres, except that the last
eligible offer for enrollment that will exceed the 60,000-acre cap may
be approved;
(2) the number of acres eligible for enrollment in CREP in Kansas
shall be limited to
1
/2 of the number of acres represented by federal
contracts in the federal conservation reserve program that have expired
in the prior year in counties within the particular CREP area, except
that if federal law permits the lands enrolled in the CREP program to be
used for agricultural purposes, such as planting agricultural
commodities, including, but not limited to, grains, cellulosic or biomass
materials, alfalfa, grasses or legumes, but not including cover crops,
then the number of acres eligible for enrollment shall be limited to the
number of acres represented by contracts in the federal conservation
reserve program that have expired in the prior year in counties within
the specific CREP area;
(3) no more than 25% of the acreage in CREP may be in any one
county, except that the last eligible offer to exceed the number of acres
constituting a 25% acreage cap in any one county shall be approvedthe
aggregate total number of acres enrolled in all CREPs in any one
Kansas county shall not exceed 20% of the statewide acreage cap set
forth in paragraph (1), except that the last eligible offer to exceed such
cap in any one county may be approved;
(4)(3) no whole-field enrollments shall be accepted into a CREP
established for water quality purposes; and
(5) lands enrolled in the federal conservation reserve program as
of January 1, 2008,
(4) an acreage shall not be eligible for enrollment in CREP if it is
otherwise ineligible for enrollment under federal law; and
(5) not more than 1,600 acres may be enrolled in CREP in one
county in the same calendar year unless the secretary of agriculture, in
consultation with the chief engineer of the division of water resources,
certifies that the chief engineer has determined:
(A) That the acreage is in an area where an impairment is
occurring and enrolling the acreage in the conservation reserve
enhancement program will be responsive to the impairment; or
(B) that the acreage is less than five miles from a portion of the
aquifer with less than 10 years of usable life.
(h) (1) For a CREP established with the purpose of meeting water
quantity goals, If approved by the United States department of
agriculture, the division may, in accordance with subsection (i),
approve a CREP contract that allows for the establishment of native
grasses, routine grazing, dryland farming or limited irrigation
practices for the purpose of meeting water quantity goals.
(i) The division shall administer such each CREP established for
the purpose of meeting water quantity goals in accordance with the
following additional criteria:(A) No water right that is owned by a
governmental entity shall be purchased or retired by the state or federal
government pursuant to CREP; and
(B) only water rights in good standing are eligible for inclusion
under CREP.
(2) To be a water right in good standing:
(A) At least 50% of the maximum annual quantity authorized to
be diverted under the water right that has been used in any three years
within the most recent five-year period preceding the submission for
which irrigation water use reports are approved and made available by HOUSE BILL No. 2255—page 3
the division of water resources of the Kansas department of agriculture;
(B) the water rights used for the acreage in CREP during the most
recent five-year period preceding the submission for which irrigation
water use reports are approved and made available by the division of
water resources shall not have: (i) Exceeded the maximum annual
quantity authorized to be diverted; and (ii) been the subject of
enforcement sanctions by the division of water resources; and
(C) the water right holder has submitted the required annual water
use report required under K.S.A. 82a-732, and amendments thereto, for
each of the most recent 10 years
(1) All acreage that is an authorized place of use of an irrigation
water right and is proposed to be enrolled in CREP shall have been
irrigated at a rate of not less than
1
/2 acre-foot per acre per year for
three out of the five years immediately preceding the year that the
acreage is offered for enrollment, as determined by the division;
(2) the water right or water rights used for the acreage proposed
to be enrolled in CREP shall not have been the subject of any sanctions
or penalties by the division of water resources that are in effect or
pending determination at the time that the acreage is offered for
enrollment; and
(3) the owner of the water right or water rights for which the
acreage that is proposed to be enrolled in CREP is an authorized place
of use or the water use correspondent for such water right shall have
submitted the annual water use report required pursuant to K.S.A. 82a-
732, and amendments thereto, for each of the most recent 10 years.
(i) (1)(j) The secretary, in consultation with the commission and
the Kansas farm service agency office, may grant exceptions to the
eligibility criteria outlined in subsections (g)(1) and (g)(2) if the
acreage proposed to be enrolled in CREP satisfies one or more of the
following conditions:
(1) Is located in an area designated as a high-priority area for
water conservation pursuant to K.S.A. 2024 Supp. 82a-1044, and
amendments thereto;
(2) is an authorized place of use of a high flow capacity water
well;
(3) is an authorized place of use of a water right that was not
utilized in accordance with subsection (i)(1) within the timeframe
referenced in subsection (i)(1) due to circumstances involving
bankruptcy, probate or other legal matters, excluding those related to
any enforcement sanctions or penalties by the division of water
resources that are in effect or pending determination at the time that
the acreage is offered for enrollment in CREP; or
(4) is an authorized place of use of a water right that is or has
been enrolled in a water conservation program, including, but not
limited to, the United States department of agriculture environmental
quality incentives program or a water conservation area pursuant to
K.S.A. 82a-745, and amendments thereto, or has been assigned a water
quantity allocation pursuant to an intensive groundwater use control
area designated in accordance with K.S.A. 82a-1036, and amendments
thereto, or a local enhanced management area designated in
accordance with K.S.A. 82a-1041, and amendments thereto.
(k) (1) The Kansas department of agriculture shall, at the
beginning of each annual regular session of the legislature, submit a
CREP report to the senate committee on agriculture and natural
resources and the house committee on agriculture at the beginning of
each annual regular session of the legislature and natural resources,
and any successor committees, containing a description of program
activities for each CREP administered in the state and including. Such
report shall include:
(A) The acreage enrolled in CREP during fiscal year 2008 through
the most current fiscal year to date the preceding five years;
(B) the dollar amounts received and expended for CREP during
fiscal year 2008 through the most current fiscal year to date the
preceding five years; and HOUSE BILL No. 2255—page 4
(C) an assessment of meeting whether each of the program
objectives identified in the agreement with the farm services agency;
and
(D) such other information specified by the Kansas department of
agriculture has been met.
(2) For a each CREP established with the purpose of meeting
water quantity goals, the following additional information shall be
included in such annual report:
(A) The total amount of water rights, measured in acre-feet, retired
in CREP from fiscal year 2008 through the current fiscal year to date
that was permanently retired in CREP during the preceding five years;
(B) the change in groundwater water levels in the CREP area
during fiscal year 2008 through the most current fiscal year to date the
preceding five years;
(C) the total annual amount of water usage in the CREP area from
fiscal year 2008 through the most current fiscal year to date during the
preceding five years; and
(D) the average annual water use, measured in acre-feet, for each
of the five years preceding enrollment for each water right enrolled
under each water right for which an authorized place of use is enrolled
in CREP during the preceding five years.
(j)(l) The Kansas department of agriculture shall submit a report
on the economic impact of each specific CREP to the senate committee
on agriculture and natural resources and the house of representatives
committee on agriculture and natural resources, and any successor
committees, every five years, beginning in 2017. The report shall
include economic impacts to businesses located within each specific
CREP region.
Sec. 2. K.S.A. 83-201 is hereby amended to read as follows: 83-
201. As used in article 2 of chapter 83 of the Kansas Statutes Annotated
and K.S.A. 83-502, and amendments thereto:
(a) "Weights and measures" means all commercial weights or
measures of every kind, instruments and devices for weighing and
measuring, and any appliance and accessories associated with any or all
such instruments and devices and any point-of-sale system.
(b) "Weight" as used in connection with any commodity means net
weight, except if the label declares that the product is sold by drained
weight, the term means net drained weight.
(c) "Correct" as used in connection with weights and measures
means conformance to all applicable tolerances, specifications and
requirements as established by the secretary and those established
within article 2 of chapter 83 of Kansas Statutes Annotated, and
amendments thereto or any rules and regulations adopted thereunder.
(d) "Primary standards" means the physical standards of the state
which serve as the legal reference from which all other standards and
weights and measures are derived.
(e) "Secondary standards" means the physical standards which are
traceable to the primary standards through comparisons, using
acceptable laboratory procedures, and used in the enforcement of
weights and measures laws and rules and regulations.
(f) "Person" means an individual, agent or employee of a service
company, partnerships, corporations, companies, societies and
associations.
(g) "Sale from bulk" means the sale of commodities when the
quantity is determined at the time of sale.
(h) "Package" means any commodity put up or packaged in any
manner in advance of sale in units suitable for either wholesale or retail
sale.
(i) "Drained weight" means the weight of the solid or semisolid
product representing the contents of a package or container obtained
after a prescribed method for excluding the liquid has been employed.
(j) "Secretary" means the secretary of agriculture or the secretary's
authorized representative.
(k) "Measuring device" includes all weights, scales, beams, HOUSE BILL No. 2255—page 5
measures of every kind, instruments and mechanical devices for
weighing or measuring, and any appliances and accessories connected
with any or all such instruments.
(l) "Point-of-sale system" means any combination of a cash
register or other devices, or system, such as a scanner, capable of
recovering stored information related to the price or computing the
price of any individual item which is sold or offered for sale at retail. A
point-of-sale system may also include or be attached or connected to a
weighing or measuring device.
(m) "Scanner" means any electronic system that employs a laser-
bar code reader to retrieve product identity, price or other information
stored in a computer memory.
(n) "Service company" means a company which is in the business
of examining, calibrating, testing, repairing and adjusting weighing and
measuring devices but such term does not include a technical
representative unless the technical representative is the owner of such
service company.
(o) "Technical representative" means an individual who installs,
repairs, adjusts or calibrates the weighing and measuring devices and
certifies the accuracy of the weighing and measuring devices. this
chapter:
(a) "Chapter" means chapter 83 of the Kansas statutes annotated,
and amendments thereto, and rules and regulations adopted
thereunder.
(b) "Correct," as used in connection with weights and measures,
means conformance to all applicable tolerances, specifications and
requirements as established by the secretary and those established
within this chapter.
(c) "Device used for weighing, measuring or both" means any
weight, scale, beam, liquefied petroleum gas meter, vehicle tank meter,
measures of every kind, instruments and mechanical or electronic
devices for commercial weighing or measuring, and any appliances
and accessories connected with any or all such instruments. "Device
used for weighing, measuring or both" does not include dispensing
devices.
(d) "Dispensing device" means a motor-vehicle fuel or liquid fuel
dispensing pump, meter or other similar measuring device and
includes any device that dispenses refined or blended gasoline or diesel
fuel product. "Dispensing device" does not include liquefied petroleum
gas meters or vehicle tank meters.
(e) "Drained weight" means the weight of the solid or semisolid
product representing the contents of a package or container obtained
after a prescribed method for excluding the liquid has been employed.
(f) "Electric vehicle supply equipment" means a device with one
or more charging ports and connectors for charging electric vehicles.
"Electric vehicle supply equipment" includes all charging ports and
supporting equipment necessary for the operation thereof and the area
in the immediate vicinity of the same, including adjacent parking areas
and lanes for vehicle ingress and egress.
(g) "Liquefied petroleum gas" means commercial propane and
such commercial butane as is used for heating fuel.
(h) "Package" means any commodity put up or packaged in any
manner in advance of sale in units suitable for either wholesale or
retail sale.
(i) "Person" means an individual or a company, partnership,
corporation, society association or governmental agency and any
authorized agent thereof. "Person" does not include the secretary.
(j) "Place of business" means any location from which a testing
service or company, or one or more representatives or employees
thereof, sells and performs services for the purpose of testing,
repairing, adjusting or calibrating devices used for weighing,
measuring or both, dispensing devices or electric vehicle supply
equipment.
(k) "Point-of-sale system" means any combination of a cash HOUSE BILL No. 2255—page 6
register or other devices, electronic applications, software, online
purchasing systems or other systems, such as a scanner, capable of
recovering stored information related to the price or computing the
price of any individual item that is sold or offered for sale at retail. A
"point-of-sale system" may include or be attached or connected to a
weighing or measuring device.
(l) "Primary standards" means the physical standards of the state
that serve as the legal reference from which all other standards and
weights and measures are derived.
(m) "Sale from bulk" means the sale of commodities when the
quantity is determined at the time of sale.
(n) "Scanner" means any electronic system that employs a laser-
bar code reader to retrieve product identity, price or other information
stored in a computer memory.
(o) "Secondary standards" means the physical standards that are
traceable to the primary standards through comparisons, using
acceptable laboratory procedures, and used in the enforcement of
weights and measures laws and rules and regulations.
(p) "Secretary" means the secretary of the Kansas department of
agriculture or the secretary's designee.
(q) "Service company" means a company that is in the business of
examining, calibrating, testing, repairing and adjusting devices used
for weighing, measuring or both, dispensing devices or electric vehicle
supply equipment. "Service company" does not include a technical
representative unless the technical representative is the owner of such
service company.
(r) "Technical representative" means an individual who performs
the proper installation, repair, adjustment or calibration and
certification of the accuracy of a device used for weighing, measuring
or both, dispensing devices or electric vehicle supply equipment.
(s) "Vehicle tank meter" means those meters mounted on vehicle
tanks used for the measurement and delivery of petroleum products.
(t) "Weight," as used in connection with any commodity means net
weight, except that if the label declares that the product is sold by
drained weight, then the term means net drained weight.
(u) "Weights and measures" means all commercial weights or
measures of every kind.
Sec. 3. K.S.A. 83-202 is hereby amended to read as follows: 83-
202. (a) Except as provided further:
(1) The system of weights and measures in customary use in the
United States and the metric system of weights and measures are jointly
recognized, and either one or both of these systems shall be used for all
commercial purposes in the state.
(2) The following standards and requirements shall apply to
commercial devices used for weighing and, measuring devices or both:
(A) "The standards of the national conference on weights and
measures" published in the national institute of standards and
technology handbook 44, entitled specifications, tolerances, and other
technical requirements for weighing and measuring devices, as
published on in October, 1994, or later versions as established in rules
and regulations adopted by the secretary, except that a mechanical
vehicle scale used solely to sell aggregate products shall be allowed a
minimum tolerance of +/- 100 pounds. Such scale shall not be sold or
moved to another location for use in commercial applications unless it
complies with all applicable tolerances of the national institute of
standards and technology handbook 44, entitled specifications,
tolerances, and other technical requirements for weighing and
measuring devices, as published in October, 1994, or later versions as
established in rules and regulations adopted by the secretary;
(B) "the uniform laws and regulations of the national conference
on weights and measures" published in the national institute of
standards and technology handbook 130 regarding packaging and
labeling, the method of sale of commodities, national type evaluation
regulation, motor fuel inspection and motor fuel regulation, as HOUSE BILL No. 2255—page 7
published on in December, 1994, or later versions as established in
rules and regulations adopted by the secretary;
(C) "checking the net contents of packaged goods" published in
the national institute of standards and technology handbook 133, third
edition, as published on in September, 1988, or later versions as
established in rules and regulations adopted by the secretary;
(D) "checking the net contents of packaged goods" published in
the national institute of standards and technology handbook 133, third
edition, supplement 4, as published on in October, 1994, or later
versions as established in rules and regulations adopted by the
secretary; and
(E) any other handbooks or sections thereof as adopted by the
secretary by rules and regulations.
(b) Whenever there exists an inconsistency between the provisions
of chapter 83 of the Kansas Statutes Annotated, and amendments
thereto, this chapter and any of the handbooks adopted by reference,
the requirements of chapter 83 of the Kansas Statutes Annotated, and
amendments thereto, this chapter shall control.
Sec. 4. K.S.A. 83-207 is hereby amended to read as follows: 83-
207. (a) The secretary of agriculture may adopt rules and regulations
necessary for the administration and enforcement of the provisions of
chapter 83 of the Kansas Statutes Annotated, and amendments thereto
this chapter. As a part of such rules and regulations, the secretary of
agriculture shall adopt standards setting forth specifications, tolerances
and other technical requirements for all weights, measures and
weighing and measuring devices, and point-of-sale systems. These
specifications, tolerances and other technical requirements shall
conform, insofar as practicable, to the specifications, tolerances and
other technical requirements for weights, measures and weighing and
measuring devices established by the national institute of standards and
technology. The secretary of agriculture shall prescribe by rules and
regulations the appropriate term or unit of weight or measure to be used
whenever the secretary determines in the case of a specific commodity
that an existing practice of declaring the quantity by weight, measure,
or numerical count, or combination thereof, does not facilitate value
comparisons by consumers, or that such practice offers an opportunity
for consumer confusion.
(b) The secretary may adopt rules and regulations concerning:
(1) Standards of workmanship for technical representatives and
service companies;
(2) requirements for contractual responsibilities and fulfillment of
agreements by service companies; and
(3) maintenance and furnishing of reports and information
necessary for the secretary to carry out the provisions of this act.
Sec. 5. K.S.A. 83-208 is hereby amended to read as follows: 83-
208. The secretary, or an authorized representative of the secretary,
may, during normal business hours, enter any premises or vehicle in or
on which any weights, measures, balances or, devices used for
weighing, measuring devices or both, dispensing devices or electric
vehicle supply equipment, subject to the requirements of this chapter or
any related records required pursuant thereto may be located or used
for the purposes of trade, for the purpose of inspecting, testing and
sealing or rejecting the same or as otherwise necessary for the
administration of this chapter. Whoever hinders, obstructs, or in any
way interferes with the secretary or an authorized representative of the
secretary, while in the performance of the inspection, or whoever fails
to produce, upon demand by such secretary or authorized
representative, all weights, measures, balances or measuring devices in
or upon the premises or vehicle of such person or in the possession of
such person for use in manufacture or trade, shall be deemed guilty of a
class A, nonperson misdemeanor.
Sec. 6. K.S.A. 83-214 is hereby amended to read as follows: 83-
214. (a) The secretary may try and prove weights, measures, balances
and other measuring devices on request for any person, corporation or HOUSE BILL No. 2255—page 8
institution, and when the same are found or made to conform to the
state standards, and otherwise fulfill such reasonable requirements as
the secretary may make, the secretary, or an authorized representative
of the secretary, may seal the same with a seal which that is kept for
that purpose.
(b) (1) Except as otherwise provided by statute, the secretary, or
the authorized representative of the secretary, may charge for services
provided by the department and other necessary and incidental
expenses, or both, incurred in conjunction with the testing and proving
of weights, measures or both and other devices at rates prescribed
pursuant to this section. An in-state rate shall be charged to licensed
service companies that have licensed technical representatives
performing service work in Kansas. An additional fee for adjustment of
any weight, measure or other device may be assessed. The rates
charged by the secretary shall be as follows: HOUSE BILL No. 2255—page 9 HOUSE BILL No. 2255—page 10
(2) The secretary may charge the following additional fees for
preparing items for shipment:
Category Rate
Large Mass (≤ 1,250 lbs through ≥ 100 lbs, 500 kg through 50 ≥ kg)$20
Medium Mass (< 100 lbs through ≥ 20 lbs, < 50 kg through ≥ 10 kg)
.............................................................................................................$30
Small Mass (< 20 lbs through ≥ 0.001 lbs, < 10 kg through 1 mg) ....$20
Small Mass Set (≤ 10 lbs through ≥ 0.001 lbs, ≤ 5 kg through ≥ 1 mg)
.............................................................................................................$20
Precision Mass (1,000 lbs through 0.001 lbs, 30 kg through 1 mg) ...$10
Precision Mass Set (1,000 lbs through 0.001 lbs, 30 kg through 1 mg)
.............................................................................................................$20
Extra Large Headhouse Weights (3,000 lbs through > 1,250 lbs) ......$40
Weight Carts (8,000 lbs through 2,000 lbs) ......................................$100
Large Volume (1,000 gal through 20 gal) .........................................$100
Large Volume LPG (1,000 gal through 20 gal) .................................$100
Small Volume (5 gal) ...........................................................................$20
Gravimetric Volume (5 gal) .................................................................$20
Thermometry (-35°C through 150°C)(Based on a 2 point calibration)
.............................................................................................................$20
Calibration Types and RangesCalibrationAdjustment
Fee Fee
Mass Echelon IIIWeight Set, up to 10 lb,$120.00/set$20.00/pc
(ASTM Class: 5, 6, 7) up to 5kg in the set
(NIST Class: F)up to 10 lb, up to 5 kg $10.00/pc $20.00/pc
(OIML Class: M1, over 10 lb up to 50 lb, over$25.00/pc $50.00/pc
M1-2, M2, M2-3, M3) 5 kg up to 30 kg
over 50 lb up to 1250 lb, over$35.00/pc $70.00/pc
30 kg up to 500 kg
over 1250 lb up to 3000 lb$70.00/pc $45.00/pc
Weight Cart, 2500 lb $250.00/pc$170.00/pc
up to 6000 lb
Weight Cart, over 6000 lb$350.00/pc$225.00/pc
up to 8000 lb
Mass Echelon II (ASTMup to 1000 lb, up $40.00/pc $80.00/pc
Class: 2, 3, 4) (OIML to 500 kg
Class: F1, F2)
Mass Echelon I (ASTM Class:500 lb, up to 30 kg $75.00/pc $75.00/pc
0, 1) (OIML Class: E1, E2)
Volume Echelon II 5 gal $70.00/pc Due to the
over 5 gal up to 100 gal$240.00/pccalibration
over 100 gal up to 200 gal$300.00/pcprocedure,
over 200 gal up to 500 gal$500.00/pcadjustment
over 500 gal up to 1000 gal$900.00/pcis included
over 1000 gal up to 1500 gal$1200.00/pcin the cost
LPG, 20 gal up to 100 gal$460.00/pcof calibration.
Volume Echelon I Up to 5 gal $310.00/pc$310.00/pc
Thermometry Echelon IV-35 °C up to 150 °C $90.00/point$90.00/point
(3)(2) Service that is not part of a routine calibration, including,
but not limited to, cleaning or repairing a standard or performing non-
routine calibration procedures, shall be charged at a rate of $120 per
hour. For any service provided pursuant to this subsection that is not
listed in the fee schedules in subsections subsection (b)(1) and (b)(2),
the secretary shall determine that the fee to be charged.
(4)(3) For any service provided pursuant to this subsection, the
secretary may charge a minimum fee of $50 $70 per invoice. The
secretary may charge for subsistence and transportation of personnel
and equipment to such point and return. Such charges shall be set by
rules and regulations adopted by the secretary of agriculture.
(5)(4) The secretary may fix the manner in which any charges
made pursuant to this subsection are collected.
(c) The secretary shall remit all moneys received under subsection
(b) to the state treasurer in accordance with the provisions of K.S.A.
75-4215, and amendments thereto. Upon receipt of each such
remittance, the state treasurer shall deposit the entire amount in the
state treasury to the credit of the weights and measures fee fund which
is hereby created. All expenditures from the weights and measures fee
fund shall be made in accordance with appropriation acts upon warrants
of the director of accounts and reports issued pursuant to vouchers HOUSE BILL No. 2255—page 11
approved by the secretary or by a person designated by the secretary.
(d) Except as otherwise provided in K.S.A. 83-301 through 83-
311, and amendments thereto, nothing in article 2 of chapter 83 of the
Kansas Statutes Annotated, and amendments thereto this chapter,
nothing shall prohibit the owner of a weighing or measuring device or
the owner's employee or agent from servicing or repairing such device.
However, If such device is found out of tolerance and is rejected by the
department of agriculture secretary, the owner is responsible for
repairing the device within the time specified on the rejection tag and
notifying the department secretary when the device is repaired and in
operation. The owner shall pay a fee commensurate with the expense
incurred by the secretary in performing the follow-up inspections or
tests.
Sec. 7. K.S.A. 83-215 is hereby amended to read as follows: 83-
215. (a) The secretary is hereby authorized and empowered to reject
and take out of service any device used for weighing or, measuring
device which or both that is found not to conform to state standards or
which that is found not to weigh or measure within authorized
tolerances.
(b) Service companiesA service company and city or county
department of weights and measures or any agent or employee thereof,
shall be prohibited from condemning or rejecting a device used to
weighing, measuring or both or taking a weighing or measuring such
device out of service.
(c) Any weighing or measuring device that has been rejected and
taken out of service under authority of the secretary shall remain
subject to the control of the secretary until such time as that suitable
and acceptable repair has been made of the same, or an authorized
disposition of the same has been approved. An authorized repair period
of use not longer than 30 days for purposes of obtaining a repair of the
device used for weighing or, measuring device or both by the owner, or
a reasonable extension of that period, may be given by the secretary
when it is determined that the immediate cessation of use of such
weighing or measuring device will work an undue hardship on the
person using such device or the patrons of such person. The owner of
such rejected weighing or measuring device shall cause the same to be
repaired and corrected to weigh or measure within authorized
tolerances within 30 days after being rejected, or within such extension
as may be authorized, or in lieu thereof, the owner of the same may
dispose of or destroy such weighing or measuring device or any
rejected weight or measure under specific authority from the secretary.
Sec. 8. K.S.A. 83-216 is hereby amended to read as follows: 83-
216. (a) Any weight, measure or device used for weighing or,
measuring device which or both that has been rejected by the secretary
and which has not been repaired or restored to weigh or measure within
approved tolerances, during any authorized repair period, is hereby
declared to be a common nuisance and a contraband device. The
secretary may seal the beam or mechanism out of service on any device
used for weighing or, measuring device, or both or may take possession
of any contraband weight or measure. The secretary shall deliver to the
owner or person found in possession of any contraband weight,
measure or device used for weighing or, measuring device or both a
statement giving the location and description of the weight, measure or
device used for weighing or, measuring device or both so sealed or
taken.
(b) Any device used for weighing or, measuring device which or
both that has been sealed out of service by the secretary and which that
has not been repaired or restored and made to weigh or measure within
approved tolerances within 90 days following the date of sealing, or an
authorized extension thereof, may be proceeded against by an action,
instituted in Shawnee county district court or in the county where such
weighing or measuring device is located, in a district court of
competent jurisdiction for an order for the disposal of such device.
(c) Procedure in regard to the prevention of the maintenance of a HOUSE BILL No. 2255—page 12
common nuisance and procedure for the disposal of any device used for
weighing or, measuring device or both may be had conducted in
accordance with and in the manner provided for under K.S.A. 41-805
and 41-806, and amendments thereto, and as otherwise authorized by
statute.
Sec. 9. K.S.A. 83-217 is hereby amended to read as follows: 83-
217. Any person who is liable to an injured person by reason of any
inaccurate, false or rejected device used for weighing or, measuring
device or both shall be assessed and adjudged to pay damages in
double the amount of the property wrongfully taken or not given, and,
in addition thereto, for punitive damages, the additional sum of $25,
and reasonable attorney fees, to be recovered in any court of competent
jurisdiction. The selling and delivery of a stated quantity of any
commodity shall be prima facie evidence of representations on the part
of the vendor that the quantity sold and delivered was the quantity
bought by the vendee. A slight variation from the stated weight,
measure or quantity, within authorized tolerances, is permissible for
individually packaged commodities if such variation is as often over, as
it is under, the correct weight, measure or quantity stated.
Sec. 10. K.S.A. 83-218 is hereby amended to read as follows: 83-
218. For the purposes of this act, proof of the existence of a weight,
measure or a device used for weighing or, measuring device or both, in
or about any building, enclosure, stand or vehicle in which or from
which it is shown that buying or selling is commonly carried on, in the
absence of conclusive evidence to the contrary, shall be presumptive
proof of the regular use of such weight, measure or device used for
weighing or, measuring device or both for commercial purposes and of
such use by the person in charge of such building, enclosure, stand or
vehicle.
Sec. 11. K.S.A. 83-219 is hereby amended to read as follows: 83-
219. (a) It shall be unlawful for any person to:
(1) To Offer or expose for sale, or to sell any weight, measure or
weighing or measuring device that does not meet the tolerances and
specifications required by this chapter 83 of the Kansas Statutes
Annotated, and amendments thereto, or which that has been rejected
without first obtaining the written authorization of the secretary;
(2) to use a weight, measure or weighing or measuring device for
commercial purposes which that does not meet the tolerance and
specifications required by this chapter 83 of the Kansas Statutes
Annotated, and amendments thereto, or that does not conform to the
standard authorized by the secretary for determining the quantity of any
commodity or article of merchandise, for the purpose of:
(A) Buying or selling any commodity or article of merchandise;
(B) computation of any charge for services rendered on the basis
of weight or measure; or
(C) determining weight or measure, either when a charge is made
for such determination or where no charge is made for use of such
weight, measure, weighing or measuring device;
(3) except as allowed in K.S.A. 83-225, and amendments thereto,
to break or remove any tag, mark or seal placed on any weighing or
measuring device by the secretary or a county or city inspector of
weights and measures, without specific written authorization from the
proper authority or to use a weighing or measuring device after the
lapse of the authorized period following the placing of a rejection tag
thereon by the secretary, unless further extension of time for any repair
purposes is first obtained from the secretary to;
(4) to sell, offer or expose for sale, less than the represented
quantity of any commodity, thing or service;
(5) to take or attempt to take more of the represented quantity of
any commodity, thing or service when the buyer furnishes the weight,
measure or weighing or measuring device by which the amount of any
commodity, thing or service is determined;
(6) to keep for the purpose of sale, or to offer or expose for sale, or
to sell any commodity in a manner contrary to the law or contrary to HOUSE BILL No. 2255—page 13
any rule and regulation;
(7) to use in retail trade, except in preparation of packages of
merchandise put up in advance of sale, a weighing or measuring device
that is not so positioned that its indications may be accurately read and
the weighing or measuring operation observed from a reasonable
customer position;
(8) to violate any of the provisions of this chapter 83 of the Kansas
Statutes Annotated, and amendments thereto, or rules and regulations
adopted thereunder, for which a specific penalty is not provided;
(9) to sell or offer for sale, or use or possess for the purpose of
selling or using any device or instrument to be used or calculated to
falsify any weight or measure;
(10) to dispose of any rejected weight or measure in a manner
contrary to law or rules and regulations;
(11) to expose for sale, offer for sale or sell any commodity in
package form, without it such commodity being so wrapped, or the
container so made, formed or filled, that it will not mislead the
purchaser as to the quantity of the contents of the package;
(12) to expose for sale, offer for sale or sell any commodity in any
container where in which the contents of the container fall below such
reasonable standard of fill as may have been prescribed for the
commodity in question by the secretary;
(13) to misrepresent the price of any commodity or service sold,
offered, exposed or advertised for sale by weight, measure or count, nor
or represent the price in any manner calculated or tending to mislead or
in any way deceive any person;
(14) to misrepresent, or represent in a manner calculated or
tending to mislead or deceive an actual or prospective purchaser, the
price of an item offered, exposed or advertised for sale at retail;
(15) to limit, exclude or otherwise fail to provide access to
generic, store brand or less costly versions of products on electronic
and online ordering applications or similar systems unless such items
are out of stock or unavailable for in-store purchase;
(16) compute or attempt to compute at the time of sale of an item,
a value which that is not a true extension of a price per unit which that
is then advertised, posted or quoted;
(16)(17) to charge or attempt to charge, at the time of the sale of
an item or commodity, a value which that is more than the price which
that is advertised, posted or quoted;
(17)(18) to alter a weight certificate, use or attempt to use any
such certificate for any load or part of a load or for articles or things
other than for which the certificate is given, or, after weighing and
before the delivery of any articles or things so weighted, alter or
diminish the quantity thereof;
(18)(19) to hinder or obstruct the secretary in any way the
secretary or any of the secretary's authorized agents in the performance
of the secretary's official duties under this chapter 83 of the Kansas
Statutes Annotated, and amendments thereto, or any rules and
regulations adopted thereunder or to fail to produce, upon demand by
the secretary, all weights, measures, balances, devices used for
weighing, measuring or both, dispensing devices or electric vehicle
supply equipment that are subject to the provisions of this chapter;
(19)(20) to fail to follow the standards and requirements
established in K.S.A. 83-202, and amendments thereto, or any rules and
regulations adopted thereunder;
(20)(21) to fail to pay all fees and penalties as prescribed by this
chapter 83 of the Kansas Statutes Annotated, and amendments thereto,
and the rules and regulations adopted thereunder;
(21)(22) to fail to keep or make available for examination or
provide to the secretary all inspection reports, test reports and any other
service reports or other information on any device owned or operated
by the owner or any agent or employee of the owner and other
information necessary for the enforcement of this chapter 83 of the
Kansas Statutes Annotated, and amendments thereto, or any rules and HOUSE BILL No. 2255—page 14
regulations adopted thereunder, and as required by the secretary;
(22)(23) to fail to have any commercial weight, measure or device
used for weighing and, measuring device or both tested as required by
this chapter 83 of the Kansas Statutes Annotated, and amendments
thereto, or any rules and regulations adopted thereunder;
(23)(24) to sell or offer or expose for sale liquefied petroleum gas
in packages or containers which that do not bear a statement as to tare
and net weight as required by this chapter 83 of the Kansas Statutes
Annotated, and amendments thereto, or any rules and regulations
adopted thereunder, or packages or containers which that bear a false
statement as to weights;
(24)(25) to sell, use, remove, or otherwise dispose of, or fail to
remove from the premises specified, any weighing or measuring device
or package or commodity contrary to the terms of any order issued by
the secretary;
(25)(26) to violate any order issued by the secretary pursuant to
this chapter 83 of the Kansas Statutes Annotated, and amendments
thereto; and
(26)(27) to prohibit a buyer or seller from observing the weighing
or operation of any transaction to which such buyer or seller is a party;
(28) falsely make or alter or cause or procure to be falsely made
or altered with intent to defraud, any scale ticket or other written
record evidencing or relating to the weight of any personal property or
any entry or item thereon; and
(29) for hire, weigh any vehicle at an attended public scale or
issue any scale ticket or other written record evidencing or relating to
the weight of such vehicle or the load thereon, unless such scale ticket
or written record shows the date, time and place of the weighing and
the signature of the weigher.
(b) It shall be unlawful for any service company or technical
representative to knowingly:
(1) Act as or represent such person's self to be a technical
representative without having a valid license issued by the Kansas
department of agriculture;
(2) certify a device as correct unless the device meets the
tolerances and specifications as required by this chapter 83 of the
Kansas Statutes Annotated, and amendments thereto, or any rules and
regulations adopted thereunder;
(3) hinder or obstruct in any way the secretary in the performance
of the secretary's official duties under this chapter 83 of the Kansas
Statutes Annotated, and amendments thereto, or any rules and
regulations adopted thereunder;
(4) fail to follow the standards and requirements set forth in
K.S.A. 83-202, and amendments thereto, or any rules and regulations
adopted thereunder;
(5) fail to complete the testing or placing-in-service report in its
entirety and to report the accurate description of the parts replaced,
adjusted, reconditioned or work performed;
(6) file a false or fraudulent service company or technical
representative application or reports to the secretary;
(7) fail to pay all fees and penalties as prescribed by this chapter
83 of the Kansas Statutes Annotated, and amendments thereto, and the
rules and regulations adopted thereunder;
(8) fail to keep or make available for examination in an accessible
and legible manner or provide to the secretary in a legible manner all
inspection reports, test reports, and any other service or report work
information on any device which that the service company or an agent
or employee performed work on and other information necessary for
the enforcement of this chapter 83 of the Kansas Statutes Annotated,
and amendments thereto, or any rules and regulations adopted
thereunder; or
(9) sell, offer or expose for sale a device used for weighing or,
measuring device or both intended to be used commercially, which that
is not traceable to a national type evaluation program certificate of HOUSE BILL No. 2255—page 15
conformance.
(c) For the purpose of subsection (a)(4), the selling and delivery of
a stated quantity of any commodity shall be prima facie evidence of
representations on the part of the seller that the quantity sold and
delivered was the quantity bought by the purchaser.
(d) Violation of this section shall be deemed a deceptive act and
practice as defined by K.S.A. 50-626, and amendments thereto.
Violations of the provisions of K.S.A. 83-219, and amendments thereto,
may be enforced by the secretary under the administrative provisions of
this chapter 83 of the Kansas Statutes Annotated, and amendments
thereto, or by the attorney general or a county or district attorney under
the Kansas consumer protection act.
Sec. 12. K.S.A. 83-220 is hereby amended to read as follows: 83-
220. Any person violating any of the provisions of article 2 of this
chapter 83 of the Kansas Statutes Annotated, and amendments thereto,
or violating any rules and regulations adopted thereunder shall be guilty
of a class A, a nonperson misdemeanor. Each separate violation shall
be a separate misdemeanor.
Sec. 13. K.S.A. 83-221 is hereby amended to read as follows: 83-
221. All inspections and tests to inspect, test and seal, certify or reject
any dispensing device, as defined in K.S.A. 83-401, and amendments
thereto, or the capacity of any vehicle tank used in the transportation of
liquefied petroleum gas, motor-vehicle fuels or liquid fuels shall be
made in compliance with the provisions of this chapter 83 of the
Kansas Statutes Annotated, and amendments thereto, and the rules and
regulations promulgated thereunder.
Sec. 14. K.S.A. 83-222 is hereby amended to read as follows: 83-
222. Except as otherwise provided in article 2 of this chapter 83 of the
Kansas Statutes Annotated, and amendments thereto, all rules and
regulations adopted under the provisions of article 1 of this chapter 83
of the Kansas Statutes Annotated in existence immediately prior to July
1, 1985, shall continue to be effective and shall be deemed to be the
rules and regulations of the secretary of agriculture until revised,
amended, repealed or nullified pursuant to law.
Sec. 15. K.S.A. 83-224 is hereby amended to read as follows: 83-
224. If any part or parts of this act chapter are held to be invalid or
unconstitutional by any court, it shall be conclusively presumed that the
legislature would have enacted the remainder of this act without such
invalid or unconstitutional part or parts.
Sec. 16. K.S.A. 83-225 is hereby amended to read as follows: 83-
225. (a) A licensed service company or a city or county department of
weights and measures shall be authorized to remove an official
rejection tag or other mark placed on a scale device used for weighing,
measuring or both, a dispensing device or electric vehicle supply
equipment by authority of the secretary for the purpose of testing or
repairing any scale such device or equipment.
(b) After the test is conducted and necessary repairs are
completed, the service company or city or county department of
weights and measures shall place the weighing and measuring device
or equipment in service and shall notify the secretary of such within the
time periods established by the secretary pursuant to rules and
regulations adopted hereunder.
(c) When a scale device or equipment cannot be repaired properly,
the service company or city or county department of weights and
measures shall replace the rejection tag or other mark with a substitute
rejection tag or other mark supplied by the department secretary and
shall notify the secretary within the time period as established by the
secretary pursuant to rules and regulations adopted hereunder.
(d) This section shall apply to new and used scales devices used
for weighing, measuring or both, dispensing devices and electric
vehicle supply equipment.
(e) This section shall be supplemental to and part of the act
appearing in article 2 of chapter 83 of Kansas Statutes Annotated.
Administrative or civil penalties specified in K.S.A. 83-220, and HOUSE BILL No. 2255—page 16
amendments thereto, shall apply to violations of this section.
New Sec. 17. (a) Each person, other than an authorized
representative of the secretary or an authorized representative of a city
or county department of public inspection of weights and measures
established pursuant to K.S.A. 83-210, and amendments thereto,
desiring to operate and perform testing and other services as a service
company in Kansas shall apply to the secretary for a service company
license on a form to be supplied by the secretary and shall obtain such
license from the secretary before operating and performing testing or
other services as a service company.
(b) Each service company shall obtain a separate license for each
place of business maintained in Kansas by paying a license application
fee not to exceed $200 for each license sought. The secretary may set
the application fee by order. Each service company license shall expire
on June 30 following issuance, shall be void unless renewed prior to
the expiration and shall not be transferable. The license renewal fee for
each place of business shall be equal to the license application fee as
provided in this section.
(c) If any service company maintains any out-of-state places of
business that the company operates in serving Kansas patrons, the
service company seeking to obtain or renew a license under this section
shall list in the application such places of business and the firm names
under which the company operates at each such place of business. If
any out-of-state place of business is established by a service company
after being licensed under this section, the licensee shall supply such
information to the secretary before any work is performed in Kansas
from such out-of-state location. Each nonresident service company
shall designate a resident agent upon whom service of notice or process
may be made to enforce the provisions of this chapter or any liabilities
arising from operations thereunder. Each nonresident service company
that does not maintain an established place of business in Kansas shall
obtain a license under this section for each out-of-state place of
business and list on the application the firm name or names for each
place of business from which the service company intends to operate.
(d) Each technical representative shall be licensed annually by the
secretary. Except as provided in subsection (e), each technical
representative shall be required to attend continuing education seminars
on an annual basis as required by rules and regulations adopted by the
secretary and pass a reasonable examination prescribed by the secretary
each year prior to being licensed. Each technical representative's
license shall expire on June 30 following the issuance of the license and
shall be void unless renewed prior to the expiration.
(e) Each technical representative who has had 10 years of
continuous licensure with no administrative enforcement action
adjudicated against such technical representative during such 10-year
period shall be eligible to obtain a five-year license. The secretary shall
implement, by order, the fee for such five-year license. Such license fee
shall be an amount of not to exceed $500. Each technical representative
holding a five-year license shall be required to complete continuing
education as described in subsection (d) at a frequency of not to exceed
once per five-year period. The secretary may promulgate rules and
regulations to require any technical representative who has been
adjudicated in violation of this act or any rules and regulations
promulgated by the secretary to seek renewal of a license on an annual
basis, and the secretary may establish criteria for the reinstatement of
eligibility for a five-year license.
(f) The secretary is authorized to charge a fee to the attendees of
continuing education seminars sponsored by the Kansas department of
agriculture. The amount of such fee shall be not more than is necessary
to cover the expenses incurred in providing the seminar.
(g) No service company license may be issued or renewed under
this section until the applicant's weights or measures, or both, have
been tested for accuracy and sealed by the secretary. The secretary is
authorized to accept a calibration certificate for the applicant's weights HOUSE BILL No. 2255—page 17
or measures issued by the national institute of standards and technology
or by a metrology laboratory certified by the national institute of
standards and technology in lieu of a test by the secretary, if such
certificate shows that the weights or measures have been tested within
the last 365 days preceding the license application.
(h) The secretary shall remit all moneys received under this
section to the state treasurer in accordance with the provisions of
K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
remittance, the state treasurer shall deposit the entire amount in the
state treasury to the credit of the weights and measures fee fund.
New Sec. 18. (a) At any time after notice and opportunity for a
hearing are given accordance with the provisions of the Kansas
administrative procedure act, the secretary may revoke, suspend,
decline to renew or decline to issue a service company license or
technical representative's license, when the service company or
technical representative has:
(1) Refused to provide the secretary with reasonably complete and
accurate information regarding methods used, materials used or work
performed as required by the secretary;
(2) failed to comply with any provision or requirement of this
chapter;
(3) failed to perform work in a manner consistent with the
standards set forth in this chapter; or
(4) committed an unlawful act as established in K.S.A. 83-219,
and amendments thereto, or any other provision of this chapter.
Sec. 19. K.S.A. 83-304 is hereby amended to read as follows: 83-
304. (a) Except as provided by subsection (e), the owner or operator of
a device used for weighing and, measuring device which or both that is
used commercially shall have such weighing and measuring device
tested and inspected at least annually for accuracy. The test and
inspection shall be conducted by either a licensed technical
representative employed by a licensed service company or by an
authorized representative of any city or county which that has
established a department of public inspection of weights and measures
pursuant to K.S.A. 83-210, and amendments thereto, or by the
secretary, which inspects such weighing and measuring device. Such
tests and inspections shall be conducted in accordance with the rules
and regulations adopted by the secretary. If, upon such testing and
inspection by the secretary or an authorized representative of the
secretary, it is found that the weighing and measuring device has not
been tested and inspected for accuracy and approved within the
preceding 365 days, the secretary or the authorized representative of
the secretary shall take the weighing and measuring device out of
service pursuant to the provisions of K.S.A. 83-215, and amendments
thereto. Except as provided further, the test weights or equipment used
by the service company shall have been approved and sealed by the
secretary pursuant to K.S.A. 83-214, and amendments thereto, within
365 days preceding the date of the tests. Test weights or equipment
which has that have the nominal capacity of 250 pounds or greater, are
housed in a grain elevator or similar structure and are used to test scales
in grain elevators or similar facilities shall have been approved and
sealed by the secretary pursuant to K.S.A. 83-214, and amendments
thereto, within three calendar years preceding the date of the test.
Except at the option of the a city or county which that has an
established department of public inspection of weights and measures,
tests and inspections shall be at the expense of the owner or operator of
the device used for weighing and, measuring device or both. In any city
or county which that has a department of public inspection which that
inspects such device used for weighing and, measuring device or both,
the test may be conducted by an authorized representative of the city or
county weights and measures department. Farmers or ranchers who
own and operate a weighing and measuring device used in private
treaty transactions are exempt from the annual testing requirements.
Volumetric provers which that are stationary or which exceed the HOUSE BILL No. 2255—page 18
testing capacity of the state metrology lab labratory due to engineering
design or the capacity of the prover are exempt from the annual testing
requirement.
(b) A service company or the city or county department of public
inspection of weights and measures or an authorized representative of
the secretary which conducts tests pursuant to this section shall, at the
time of testing and inspection, promptly furnish to the owner or
operator of the weighing and measuring device a report showing the
results of the tests and inspection. The city or county department of
public inspection of weights and measures and service company reports
shall also be sent to the secretary, as required by rules and regulations
adopted by the secretary. No report shall be furnished later than 10 days
after the test or inspection of the device has occurredWhen tests or
inspections are conducted pursuant to this section, a report showing
the results of the tests or inspections shall be promptly furnished to the
owner or operator. If the tests or inspections were not performed by the
secretary, such reports shall also be sent to the secretary as required by
rules and regulations adopted by the secretary and not later than 10
days after the test or inspection of such device has occurred.
(c) Subject to the provisions of K.S.A. 83-215, and amendments
thereto, the owner or operator of a device used for weighing and,
measuring device which or both that is found to be out of
noncompliant with the tolerances or specifications required by this
chapter 83 of the Kansas Statutes Annotated, and amendments thereto,
or any rules and regulations adopted thereunder shall, immediately at
the time of testing shall, withdraw immediately the weighing and
measuring device from further use until the necessary corrections,
adjustments or repairs are made and the weighing and measuring
device is determined to be accurate by a service company or the, a city
or county department of public inspection of weights and measures or
an authorized representative of the secretary. Weighing and measuring
devices which that have been repaired or serviced shall meet the
tolerances and specifications established in this chapter 83 of the
Kansas Statutes Annotated, and amendments thereto, and those rules
and regulations adopted by the secretary prior to being placed or
returned to service. The service company or the city or county
department of public inspection of weights and measures shall notify
the secretary of any weighing and measuring devices which that are
found not to comply with such tolerances and specifications and are
thus inaccurate and cannot be adjusted, repaired or serviced so as to
comply with the standards and tolerances established in this chapter 83
of the Kansas Statutes Annotated, and amendments thereto. Such
notification shall be as required by the secretary, pursuant to rules and
regulations. Such notification shall be furnished to the department no
not later than 10 days after the service company or city or county
department of public inspection of weights and measures has found the
weighing and measuring device to be in noncompliance with the
tolerance and specifications required for such weighing and measuring
device. A copy of the report prepared by the service company or city or
county department of public inspection of weights and measures or the
secretary showing the results of the weighing and measuring device test
and the work done to correct any deficiencies shall be filed with the
secretary by the service company party who prepared the report.
(d) Each service company shall be required to keep at such
company's corporate headquarters or at such company's resident agent's
office a copy of all reports regarding the installation, repair, calibration
and other work that the service company or the technical
representatives employed by the service company performed on the
commercial weighing and or measuring devices. Such reports shall be
legible and maintained in an accessible manner and for a period of time
as established by the secretary pursuant to rules and regulations. The
owner or operator of a device used for weighing and, measuring device
or both shall also be required to retain copies of all reports regarding
the installation, repair or adjustment or any of the aforementioned done HOUSE BILL No. 2255—page 19
to the weighing and measuring device at the site where the measuring
and weighing device is used. Such reports shall be legible and
maintained in an accessible manner and for a period of time as
established by the secretary pursuant to rules and regulations.
(e) The secretary may adopt rules and regulations providing for
inspection of vapor meters at intervals less frequently than annually if
the secretary determines that annual inspections are not necessary to
protect the public interest. In adopting any such rules and regulations,
the secretary shall take into consideration the standard for inspections
of vapor meters adopted by the national institute of standards and
technology of the United States department of commerce.
Sec. 20. K.S.A. 83-305 is hereby amended to read as follows: 83-
305. When the secretary has been finds or is notified by a licensed
service company, by an authorized representative of the secretary or by
a city or county department of public inspection of weights and
measures established pursuant to K.S.A. 83-210, and amendments
thereto, that a device used for weighing and, measuring device or both
does not comply with tolerances and specifications adopted by the
secretary, by rule and regulation, then the secretary may test the
weighing and measuring device for accuracy after repairs have been
made.
Sec. 21. K.S.A. 83-404 is hereby amended to read as follows: 83-
404. (a) The owner or operator of a dispensing device which that is
used for commercial purposes shall have such device tested and
inspected at least once within every 18-month period. The test shall be
conducted by either an authorized representative of any city or county
which that has established a department of public inspection of weights
and measures pursuant to K.S.A. 83-210, and amendments thereto, or
by the secretary, which inspects such dispensing devices. Such
inspections shall be conducted in accordance with rules and regulations
adopted by the secretary. If, upon inspection by the secretary, it is found
that the dispensing device has not been tested and inspected for
accuracy and approved within the preceding 18 months, the secretary
shall take the dispensing device out of service pursuant to the
provisions of K.S.A. 83-215, and amendments thereto. The test weights
and measures used by the service company shall have been approved
and sealed by the secretary pursuant to K.S.A. 83-214, and
amendments thereto, every 365 days. Except at the option of the city or
county which that has an established department of public inspection of
weights and measures, annual tests and inspections shall be at the
expense of the owner or operator. In any city or county which that has a
department of public inspection of weights and measures which that
annually inspects such dispensing devices, the tests may be conducted
by an authorized representative of such city or county weights and
measures department. Farmers or ranchers who own and operate a
dispensing device used in private treaty transactions are exempt from
the annual testing requirements.
(b) The city or county department of public inspection of weights
and measures or the secretary which conducts tests pursuant to this
section, at the time of testing and inspection, shall promptly furnish to
the owner or operator a report showing the results of the tests and
inspection. Such reports shall also be sent to the secretary, as required
by rules and regulations adopted by the secretary, however, no report
shall be furnished later than 10 days after the test or inspection of such
device has occurred.When tests or inspections are conducted pursuant
to this section, a report showing the results of the tests or inspections
shall be promptly furnished to the owner or operator. If the tests or
inspections were not performed by the secretary, such reports shall also
be sent to the secretary as required by rules and regulations adopted by
the secretary and not later than 10 days after the test or inspection of
such device has occurred.
(c) Subject to the provisions of K.S.A. 83-215, and amendments
thereto, the owner and or operator of a dispensing device which that is
found to be inaccurate at the time of testing shall immediately withdraw HOUSE BILL No. 2255—page 20
immediately the device from further use until the necessary corrections,
adjustments or repairs are made and the device is determined to be
accurate by a service company or the, a city or county weights and
measures department or an authorized representative of the secretary.
The devices which Dispensing devices that have been repaired or
serviced shall meet the tolerances and specifications adopted by the
secretary by rules and regulations. The A service company or the city or
county shall notify the secretary of any devices which that are found
not to comply with such tolerances and specifications and those which
that are not able to be serviced or repaired so as to comply with such
tolerances and specifications. The service company shall and report to
the secretary within the time frames and in a manner established in
rules and regulations adopted by the secretary of any dispensing device
which that has been installed, repaired, calibrated or fails to comply
with the required tolerances and specifications.
(d) Each service company shall be required to keep at such
company's corporate headquarters or at such company's resident agent's
office a copy of all reports regarding the installation, repair, calibration
and other work that the service company or the technical
representatives employed by the service company performed on the
commercial dispensing devices. Such reports shall be legible and
maintained in an accessible manner and for a period of time as
established by the secretary pursuant to rules and regulations. The
owner or operator of a dispensing device shall also be required to retain
copies of all reports regarding installation, repair or adjustment or any
of the aforementioned done to the dispensing device at the site where
the dispensing device is used. Such reports shall be legible and
maintained in an accessible manner and for a period of time as
established by the secretary pursuant to rules and regulations.
Sec. 22. K.S.A. 83-405 is hereby amended to read as follows: 83-
405. When the secretary finds or is notified by a licensed service
company, an authorized representative of the secretary or by a city or
county department of public inspection of weights and measures
established pursuant to K.S.A. 83-210, and amendments thereto, that a
dispensing device does not comply with tolerances and specifications
adopted by the secretary, by rules and regulations, the secretary may
test the dispensing device for accuracy after repairs have been made.
Sec. 23. K.S.A. 83-501 is hereby amended to read as follows: 83-
501. (a) In addition to any other penalty provided by law, any person
who violates any provision of chapter 83 of the Kansas Statutes
Annotated, and amendments thereto, or any rules and regulations
adopted thereunder, this chapter may incur a civil penalty imposed
under subsection (b) in the amount, fixed by rules and regulations of
the secretary of agriculture, of not less than $100 nor more than $5,000
for each such violation, and, in the case of a continuing violation, every
day that such violation continues shall be deemed a separate violation.
(b) In determining the amount of the civil penalty, the following
shall be taken into consideration: (1) The extent of harm caused by the
violation; (2) the nature and persistence of the violation; (3) the length
of time over which the violation occurs; (4) any corrective actions
taken; and (5) any and all relevant circumstances.
(c) All civil penalties assessed shall be due and payable within 10
days after written notice of assessment is served on the person, unless a
longer period of time is granted by the secretary. If a civil penalty is not
paid within the applicable time period, the secretary may file a certified
copy of the notice of assessment with the clerk of the district court in
the county where the weighing and measuring device or dispensing
device is located. The notice of assessment shall be enforced in the
same manner as a judgment of the district court.
(d) No civil penalty shall be imposed pursuant to this section
except upon the written order of the duly authorized agent of the
secretary to the person who committed the violation or to the person
whose agent or employee committed the violation. Such order shall
state the violation, the penalty to be imposed and the right of the person HOUSE BILL No. 2255—page 21
to appeal to the secretary. Any such person, within 20 days after
notification, may make written request to the secretary for a be subject
to notice and a hearing in accordance with the provisions of the Kansas
administrative procedure act. The secretary shall affirm, reverse or
modify the order and shall specify the reasons therefor.
(e) Any person aggrieved by an order of the secretary made under
this section may appeal such order to the district court in the manner
provided by the Kansas judicial review act.
(f) An appeal to the district court or to an appellate court shall not
stay the payment of the civil penalty.
(g) Any civil penalty recovered pursuant to the provisions of this
section or recovered under the consumer protection act for violations of
any provision of K.S.A. 83-219, and amendments thereto, shall be
remitted to the state treasurer in accordance with the provisions of
K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
remittance, the state treasurer shall deposit the entire amount in the
state treasury to the credit of the weights and measures fee fund.
Sec. 24. K.S.A. 2-1933, 83-149, 83-154, 83-155, 83-201, 83-202,
83-207, 83-208, 83-214, 83-215, 83-216, 83-217, 83-218, 83-219, 83-
220, 83-221, 83-222, 83-224, 83-225, 83-301, 83-302, 83-303, 83-304,
83-305, 83-308, 83-311, 83-326, 83-401, 83-402, 83-403, 83-404, 83-
405, 83-407, 83-409, 83-410, 83-411, 83-501 and 83-502 are hereby
repealed.
Sec. 25. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and was
adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.