An Act concerning weights and measures devices; amending K.S.A. 34-2,108, 83-143, 83- 144, 83-145, 83-146, 83-149, 83-154, 83-155, 83-205, 83-208, 83-209, 83-210, 83-212, 83-213, 83-215, 83-216, 83-220, 83-221, 83-222, 83-225, 83-303, 83-307 and 83-311 and K.S.A. 1995 Supp. 74-569, 83-201, 83-202, 83-206, 83-207, 83-214, 83-219, 83-301, 83- 302, 83-304, 83-305, 83-308, 83-321, 83-322, 83-323, 83-324 and 83-325 and repealing the existing sections; also repealing K.S.A. 83-147 and 83-306 and K.S.A. 1995 Supp. 83-211 and 83-310.

Be it enacted by the Legislature of the State of Kansas:

New Section 1. (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, may incur a civil penalty imposed under subsection (b) in the amount, fixed by rules and regulations of the secretary of ag- riculture, of not less than $100 nor more than $5,000 for each such vio- lation and, in the case of a continuing violation, every day 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 viola- tion; (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 to appeal to the secretary. Any such person, within 20 days after notification, may make written request to the secretary for 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 act for judicial review and civil enforcement of agency actions.

(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 sec- tion 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, deposited in the state treasury and credited to the weights and measures fee fund.

Sec. 2. K.S.A. 34-2,108 is hereby amended to read as follows: 34- 2,108. (a) The director of the Kansas state grain inspection department is authorized and empowered to enter into contracts and agreements necessary to cooperate with the United States department of agriculture, the federal grain inspection service and with other appropriate federal agencies, to make uniform the procedures followed in the official sam- pling, inspecting, grading, weighing and analyzing of protein content and the certification of grades, weights and protein content of all grains or commodities and to make available to the United States department of agriculture, the federal grain inspection service, or other federal agencies, the information acquired under the procedures followed by state grain inspection employees.

(b) The director of the Kansas state grain inspection department is authorized and empowered to enter into contracts and agreements nec- essary to cooperate with the Kansas department of agriculture in imple- menting all applicable Kansas laws pertaining to the actual inspection of scales and other weighing and measuring devices.

(b) (c) In addition to the fees collected under K.S.A. 34-103a and amendments thereto, the director shall undertake, by contract, to act as agent for the United States department of agriculture or other federal agencies and to collect the supervision fee established under the provi- sions of subsection (j) of 7 U.S.C.A. 79, from persons requesting services of the Kansas state grain inspection department, except that fees charged for edible bean inspections under K.S.A. 34-103a and amendments thereto include the required supervision fee. The supervision fee shall be remitted under the terms of the contract with the United States depart- ment of agriculture or its appropriate designee.

Sec. 3. K.S.A. 1995 Supp. 74-569 is hereby amended to read as fol- lows: 74-569. (a) The secretary of agriculture may organize the depart- ment of agriculture in the manner the secretary deems most efficient, so long as the same is not in conflict with the provisions of this act or with the provisions of law, and the secretary may establish policies governing the transaction of business of the department and the administration of each of the divisions within the department. Except as provided in K.S.A. 83-205, and amendments thereto, the chief administrative officer of each division of the department shall be within the classified service under the Kansas civil service act and shall perform such duties and exercise such powers as the secretary of agriculture may prescribe and such duties and powers as are prescribed by law. Such chief administrative officers shall act for and exercise the powers of the secretary of agriculture to the extent authority to do so is delegated by the secretary of agriculture.

(b) Except as otherwise provided in this act, and subject to the Kansas civil service act, the chief administrative officer of each division of the department of agriculture shall appoint all subordinate officers and em- ployees of such officer's division, subject to the approval of the secretary, and all such subordinate officers and employees shall be within the clas- sified service of the Kansas civil service act. Personnel of each such di- vision shall perform such duties and exercise such powers as the chief administrative officer of their division to the extent authority to do so is delegated by such administrative officer.

Sec. 4. K.S.A. 83-143 is hereby amended to read as follows: 83-143. It shall be unlawful to sell at retail or offer for sale at retail any liquefied petroleum gas except by avoirdupois weight, specified in pounds or kil- ograms; liquid measure, specified in gallons or liters; or vapor, specified in cubic feet, cubic meters or such other units as may be approved by the state sealer of weights and measures secretary of agriculture.

Sec. 5. K.S.A. 83-144 is hereby amended to read as follows: 83-144. When liquefied petroleum gas is sold at retail or offered for sale at retail by weight, in packages or containers, the tare weight of the container, and the net weight of the contents shall be plainly and conspicuously marked on the outside of the container or on a label firmly attached thereto. Tare weight shall not be construed to include the valve protecting cap, which shall be removed when weighing. It shall be a violation of this act to sell or offer or expose for sale liquefied petroleum gas in packages or containers which do not bear a statement as to tare and net weight as required by this section, or which packages or containers bear a false statement as to weights.

Sec. 6. K.S.A. 83-145 is hereby amended to read as follows: 83-145. The state sealer of weights and measures secretary of agriculture, or the secretary's authorized representative, is authorized to test all weighing and measuring devices used in the retail sale of liquefied petroleum gas, and shall condemn reject all such devices which are found (a) to be in- accurate and (b) to not clearly indicate the quantity of liquefied petroleum gas in kilograms or pounds, liters or gallons, or cubic feet or cubic meters or other unit approved by the state sealer of weights and measures sec- retary of agriculture, or the secretary's authorized representative. It shall be unlawful to use a weighing or measuring device for determining quan- tities of liquefied petroleum gas which has been condemned rejected by the state sealer of weights and measures secretary of agriculture, or the secretary's authorized representative. The state sealer of weights and measures secretary of agriculture, or the secretary's authorized represen- tative, shall conspicuously mark all condemned rejected devices, which mark shall not be removed or defaced except upon authorization of the said state sealer of weights and measures or his or her secretary of agri- culture or the secretary's authorized representatives. It shall be unlawful to use a vapor meter dial which is not equipped with a cubic foot indicator for testing the accuracy of the meter.

It shall be unlawful to use a liquid meter for measuring the volume, in gallons, of liquefied petroleum gas for retail sale from delivery vehicles unless such meter is equipped with a ticket printer for use in issuance of printed tickets showing the volume, in gallons, of the liquefied petroleum gas delivered.

Sec. 7. K.S.A. 83-146 is hereby amended to read as follows: 83-146. An invoice shall be submitted to the purchaser showing the quantity of liquefied petroleum gas sold, expressed in pounds, or gallons, or cubic feet, or other units approved by the state sealer of weights and measures secretary of agriculture. When vapor meters reading in approved units other than cubic feet are used, the invoice shall clearly indicate to the purchaser a factor to convert to cubic feet or gallons.

When liquid liquefied petroleum gas is sold at retail by liquid volume from a delivery vehicle, a ticket issued by a liquid meter shall be used to show the quantity delivered in gallons; and the printed ticket shall clearly indicate to the purchaser the gallons of liquefied petroleum gas sold and delivered.

Sec. 8. K.S.A. 83-149 is hereby amended to read as follows: 83-149. Any person who violates any of the provisions of this act or any of the provisions of the act of which this act is amendatory or fails to comply with its requirements article 1 of chapter 83 of the Kansas Statutes An- notated, and amendments thereto, or any of the rules and regulations issued hereunder, shall be deemed guilty of a class A, nonperson mis- demeanor and upon conviction shall be fined in a sum of not more than five hundred dollars ($500).

Sec. 9. K.S.A. 83-154 is hereby amended to read as follows: 83-154. Every person who, with intent to defraud, shall falsely make or alter or cause or procure to be falsely made or altered any scale ticket or other written record evidencing or relating to the weight of any personal prop- erty or who shall, with intent to defraud, falsely make or alter or cause or procure to be falsely made or altered any entry or item on any such scale ticket or written record shall, upon conviction thereof, shall be adjudged deemed guilty of a class A, nonperson misdemeanor and upon conviction thereof shall be subject to the penalties described by K.S.A. 21-112.

Sec. 10. K.S.A. 83-155 is hereby amended to read as follows: 83-155. It shall be unlawful for any person who shall for hire weigh any vehicle at a an attended public scale to 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 shall show the following: (a) The date and time of the weighing; (b) the place of the weighing; and (c) the signature of the weigher. Any person violating any of the provisions of this section shall be guilty of a class A, nonperson misdemeanor and upon conviction thereof shall be subject to the penalties prescribed by K.S.A. 21-112.

Sec. 11. K.S.A. 1995 Supp. 83-201 is hereby amended to read as follows: 83-201. As used in this act article 2 of chapter 83 of the Kansas Statutes Annotated and section 1, and amendments thereto:

(a) ``Weights and measures'' means all commercial weights and or measures of every kind, instruments and devices for weighing and meas- uring, 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 requirements of this act tolerances, speci- fications and requirements as established by the secretary and those es- tablished 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 meas- ures laws and rules and regulations.

(f) ``Person'' means individuals an individual, agent or employee of a service company, partnerships, corporations, companies, societies and as- sociations.

(g) ``Sale from bulk'' means the sale of commodities when the quan- tity is determined at the time of sale.

(h) ``Package'' means any commodity put up or packaged in any man- ner in advance of sale in units suitable for either wholesale or retail sale.

(i) ``Drained weight'' means the weight of the solid or semisolid prod- uct 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 the state board of agriculture or the secretary's authorized representative.

(k) ``Measuring device'' includes all weights, scales, beams, measures of every kind, instruments and mechanical devices for weighing or meas- uring, 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 represen- tative unless the technical representative is the owner of such service company.

(o) ``Technical representative'' means an individual who installs, re- pairs, adjusts or calibrates the weighing and measuring devices and cer- tifies the accuracy of the weighing and measuring devices.

Sec./007006/K.S.A. 1995 Supp. 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 definitions of basic units of weight and measure, the tables of weight and measure and weights and measures equivalents as pub- lished on January 1, 1991, by the national institute of standards and tech- nology are recognized and shall govern weighing and measuring equip- ment and transactions in the state.

(b) A dispensing device used to dispense compressed natural gas for use as a motor vehicle fuel may display the measurement of natural gas in gallon equivalent units or fractions thereof, and may compute the sales price in such units or fractions thereof, so long as the volume of natural gas measured as a gallon equivalent unit contains not less than 120 cubic feet. If such dispensing device is used, such device shall be the exclusive display and sales price measurement and shall not be subject to further requirements by any state agency. The following standards and require- ments shall apply to commercial weighing and measuring devices:

(A) ``The standards of the national conference on weights and meas- ures'' 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 Octo- ber, 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 published on 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 edi- tion, as published on 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 edi- tion, supplement 4, as published on 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 sec- retary by rules and regulations.

(b) Whenever there exists an inconsistency between the provisions of chapter 83 of the Kansas Statutes Annotated, and amendments thereto, and any of the handbooks adopted by reference, the requirements of chap- ter 83 of the Kansas Statutes Annotated, and amendments thereto, shall control.

Sec./007006/K.S.A. 83-205 is hereby amended to read as follows: 83-205. (a) There is hereby established in the state board department of agricul- ture a weights and measures inspection program to enforce the provisions of this act chapter 83 of the Kansas Statutes Annotated, and amendments thereto or any rules and regulations adopted thereunder. The program shall be under the supervision of the secretary, and the secretary shall employ a state sealer an administrator of the program and appoint such personnel as may be necessary for the proper administration of this act chapter 83 of the Kansas Statutes Annotated, and amendments thereto. The administrator shall be in the unclassified service of the Kansas civil service act.

(b) The weights and measures inspection program shall perform the following functions:

(1) Assure that weights and measures in commercial service within the state are suitable for their intended use, properly installed, accurate and are so maintained by their owner or user;

(2) prevent unfair or deceptive dealing by weight or measure in any commodity or service advertised, packaged, sold or purchased within this state;

(3) make available to all users of physical standards or weighing and measuring equipment the precision calibration and related metrological certification capabilities of the weights and measures facilities of the state board department of agriculture;

(4) promote uniformity, to the extent such conformance is practicable and desirable, between weights and measures requirements of this state and those of other states and federal agencies;

(5) encourage desirable economic growth while protecting the con- sumer through the adoption by rule and regulation of weights and meas- ures requirements as necessary to assure equity among buyers and sellers; and

(6) such other functions as may be specified by law or deemed nec- essary by the secretary to carry out the duties and functions of chapter 83 of the Kansas Statutes Annotated, and amendments thereto or any rules and regulations adopted thereunder.

Sec./007006/K.S.A. 1995 Supp. 83-206 is hereby amended to read as follows: 83-206. In the administration of the weights and measures in- spection program, the secretary shall:

(a) Administer and enforce the provisions of this act chapter 83 of the Kansas Statutes Annotated, and amendments thereto or any rules and regulations adopted thereunder.

(b) Conduct investigations to ensure compliance with this act chapter 83 of the Kansas Statutes Annotated, and amendments thereto or any rules and regulations adopted thereunder.

(c) Delegate to appropriate personnel individuals or private or public entities any of these responsibilities for the proper administration of this act chapter 83 of the Kansas Statutes Annotated, and amendments thereto or any rules and regulations adopted thereunder.

(d) Test annually the standards of weight and measure used by any city or county within the state, and approve the same when found to be correct.

(e) Inspect and test weights and measures kept, offered or exposed for sale.

(f) Inspect and test, to ascertain if they are correct, weights and meas- ures and point-of-sale systems commercially used: (1) In determining the weight, measure or count of commodities or things sold, or offered or exposed for sale, on the basis of weight, measure or count; (2) in com- puting the basic charge or payment for services rendered on the basis of weight, measure or count; or (3) in recovering stored information related to the price of any item or commodity which is sold or offered for sale at retail.

(g) Approve for use, and may mark, such weights and measures and point-of-sale systems as the secretary finds to be correct, and reject and mark as rejected such weights and measures and point-of-sale systems as the secretary finds to be incorrect. Weights and measures and point-of- sale systems that have been rejected may be seized if not corrected within the time specified by the secretary or if used or disposed of in a manner not specifically authorized. The secretary shall reject and may seize the weights and measures and point-of-sale systems found to be incorrect that are not capable of being made correct.

(h) Weigh, measure or inspect packaged commodities kept, offered or exposed for sale, sold, or in the process of delivery, to determine whether they contain the amounts represented and whether they are kept, offered or exposed for sale in accordance with this act chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or rules and regulations promulgated pursuant thereto. In carrying out the provisions of this section, the secretary shall employ recognized sampling procedures as adopted by rules and regulations by incorporating applicable proce- dures designated in the national institute of standards and technology handbooks.

(i) Allow reasonable variations from the stated quantity of contents, which shall include those caused by loss or gain of moisture during the course of good distribution practice.

(j) Perform such other duties as may be necessary to carry out the provisions of this act chapter 83 of the Kansas Statutes Annotated, and amendments thereto or any rules and regulations adopted thereunder, or as may be otherwise authorized by law.

(k) Be authorized to enter into such contracts and agreements with individuals or private or public entities as may be necessary, in the judg- ment of the secretary, to fulfill the duties and responsibilities established in chapter 83 of the Kansas Statutes Annotated, and amendments thereto or any rules and regulations adopted thereunder. Any contract entered into by the secretary pursuant to this section shall not be subject to K.S.A. 75-3739, or amendments thereto.

Sec./007006/K.S.A. 1995 Supp. 83-207 is hereby amended to read as follows: 83-207. The state board secretary of agriculture may adopt rules and regulations necessary for the administration and enforcement of the provisions of article 2 of chapter 83 of the Kansas Statutes Annotated, and amendments thereto. As a part of such rules and regulations, the state board 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 meas- uring devices established by the national institute of standards and tech- nology. The state board secretary of agriculture shall prescribe by rule and regulation 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, numerical count, or combination thereof, does not facilitate value comparisons by consumers, or that such practice offers an opportunity for consumer confusion.

Sec./007006/K.S.A. 83-208 is hereby amended to read as follows: 83-208. The secretary, or an inspector of weights and measures authorized by representative of the secretary, may enter any premises or vehicle in or on which any weights, measures, balances or measuring devices may be located or used for the purposes of trade, for the purpose of inspecting, testing and sealing or rejecting the same. Whoever hinders, obstructs, or in any way interferes with the secretary or an inspector of weights and measures authorized by representative of the secretary, while in the per- formance of the inspection, or whoever fails to produce, upon demand by such secretary or authorized inspector representative, all weights, measures, balances or measuring devices in or upon the premises or ve- hicle of such person or in the possession of such person for use in man- ufacture or trade, shall be deemed guilty of a class A, nonperson misde- meanor.

Sec./007006/K.S.A. 83-209 is hereby amended to read as follows: 83-209. (a) If the secretary finds that any package or amount of any commodity is held, offered or exposed for sale in violation of law, the secretary may order them off-sale and may mark or tag them to show they are illegal.

(b) Whenever the secretary finds that any violation of this act chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or any rule and regulation rules and regulations adopted under it has occurred, the secretary may issue a stop-use order, stop-sale order, stop-removal order and or removal order or any combination of such orders with respect to weights and measures being, or capable of being, commercially used. The secretary may issue stop-sale orders, stop-removal orders or removal or- ders, or any combination of such orders, with respect to any package or amount of any commodity held, offered or exposed for sale, sold or being delivered if the secretary deems it necessary for the protection of the public.

(c) No person may sell, use, remove, otherwise dispose of, or fail to remove from the premises specified, any weight, measure or package or any amount of any commodity contrary to the terms of any order issued under this section.

(d) This section does not limit the right of the secretary to proceed as authorized by other sections of this act chapter 83 of the Kansas Stat- utes Annotated, and amendments thereto or any rules and regulations adopted thereunder.

Sec./007006/K.S.A. 83-210 is hereby amended to read as follows: 83-210. (a) Any county or city in the state may establish a department of public inspection of weights and measures, appoint inspectors of weights and measures and fix their compensation and pass such ordinances relating to weights and measures not in conflict with the state laws as may be deemed necessary. If a county or city establishes such a department it shall provide the department with suitable quarters, a set of secondary standards and all other equipment for the proper performance of duties. All county and city standards shall be tried, proved and sealed under the direction of the secretary, and shall be returned to the secretary for ver- ification at least once in every year.

(b) Any weights and measures official appointed for a county or city shall have the duties enumerated in subsections (e) to (h), inclusive, of K.S.A. 1985 Supp. 83-206, and amendments thereto, and the powers enu- merated in K.S.A. 1985 Supp. 83-208 and 83-209, and amendments thereto. These powers and duties shall extend to their respective juris- dictions, except that the jurisdiction of a county official shall not extend to any city for which a weights and measures official has been appointed. Weights and measures officials appointed for a county or city shall exer- cise such additional powers as may be granted by the governing body of such county or city, but such additional powers shall not be less than the powers granted to state inspectors of weights and measures under this act chapter 83 of the Kansas Statutes Annotated, and amendments thereto, and shall not be in conflict with powers granted to the secretary under this act chapter 83 of the Kansas Statutes Annotated, and amendments thereto.

(c) All departments of public inspection of weights and measures es- tablished by cities or counties prior to the effective date of this act July 1, 1985, are hereby specifically continued in existence.

Sec. 19. K.S.A. 83-212 is hereby amended to read as follows: 83-212. All bulk sales in which the buyer and seller are not both present to witness the measurement, all bulk deliveries of heating fuel and all other bulk sales specified by rule and regulation of the state board rules and regu- lations of the secretary of agriculture, shall be accompanied by a delivery ticket containing the following information:

(a) The names and addresses of the buyer and seller;

(b) the date of delivery of the product or commodity;

(c) the quantity delivered and the quantity upon which the price is based, if this differs from the delivered quantity;

(d) the identity of the commodity or product being sold in the most descriptive terms commercially practicable, including any quality repre- sentation made in connection with the sale; and

(e) the count of individually wrapped packages, if more than one.; and

(f) the unit price, unless otherwise agreed on by both the buyer and seller.

Sec. 20. K.S.A. 83-213 is hereby amended to read as follows: 83-213. (a) Except as otherwise provided in this act chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or by rules and regulations adopted pursuant thereto, any package kept for the purpose of sale or offered or exposed for sale shall bear on the outside of the package a definite, plain and conspicuous declaration of:

(1) The identity of the commodity in the package, unless the same can easily be identified through the wrapper or container;

(2) the quantity of contents in terms of weight, measure or count; and

(3) the name and place of business of the manufacturer, packer or distributor, in the case of any package kept, offered or exposed for sale, or sold in any place other than on the premises where packed.

(b) The state board secretary of agriculture may adopt rules and reg- ulations which establish reasonable variations or tolerances, prescribe the size of printing of the labeling required and prescribe exemptions of small packages.

Sec. 21. K.S.A. 1995 Supp. 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, corpo- ration or 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 is kept for that purpose.

(b) Except as otherwise provided by statute, the secretary, or the authorized representative of the secretary, may charge for services pro- vided by the agency department and other necessary and incidental ex- penses or both incurred in conjunction with the testing and proving of weights, measures and other devices as provided in subsection (a) at a rate per hour or fraction thereof and other necessary and incidental ex- penses which is are fixed by rules and regulations adopted by the state board secretary of agriculture, except that (1) except as otherwise pro- vided for the head house scale program during the period from July 1, 1994, through June 30, 1995, such charge for services the charges for services provided by the metrology lab shall not exceed $50 per hour or fraction thereof, and (2) in the case of the head house scale program during the period from July 1, 1994, through June 30, 1995, such rate such charges shall not exceed $100 per hour or fraction thereof with a minimum service time of three hours per call. In addition to these charges, where the state board of agriculture does not regularly maintain an inspection station under the weights and measures program,. The sec- retary 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 state board secretary of agriculture. 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 at least monthly. Upon receipt of any such re- mittance, the state treasurer shall deposit the entire amount thereof in the state treasury and the same shall be credited to the weights and meas- ures 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 approved by the secretary or by a person designated by the secretary.

(d) Except as provided in K.S.A. 83-301 through 83-311, and amend- ments thereto, nothing in article 2 of chapter 83 of the Kansas Statutes Annotated, and amendments thereto, shall prohibit the owner of a weigh- ing 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, the owner is responsible for repairing the device within the time specified on the rejection tag and notifying the department 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. 22. K.S.A. 83-215 is hereby amended to read as follows: 83-215. (a) The secretary and authorized representatives and inspectors of the secretary are is hereby authorized and empowered to reject any weighing or measuring device which is found not to conform to state standards or which is found not to weigh or measure within authorized tolerances.

(b) Service companies or any agent or employee thereof, shall be pro- hibited from condemning or taking a weighing or measuring device out of service.

(b) (c) Any weighing or measuring device that has been rejected un- der authority of the secretary, or an authorized representative of the sec- retary, shall remain subject to the control of the secretary until such time as suitable and acceptable repair has been made of the same, or an au- thorized disposition of the same has been approved. A thirty-day An au- thorized repair period of use not longer than 30 days for purposes of obtaining a repair of the weighing or measuring device by the owner, or a reasonable extension of that period, may be given by the secretary or the authorized representative or inspector of the secretary when it is determined that the immediate cessation of use of such weighing or meas- uring device will work an undue hardship on the owner thereof person using such device or the patrons of the owner 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. 23. K.S.A. 83-216 is hereby amended to read as follows: 83-216. (a) Any weight, measure or weighing or measuring device which has been rejected by the secretary, or by an authorized representative or inspector, and which has not been repaired or restored to weigh or measure within approved tolerances, during any authorized repair period, is hereby de- clared to be a common nuisance and a contraband device. The secretary, or any authorized representative, may seal the beam or mechanism out of service on any weighing or measuring device, or may take possession of any contraband weight or measure. The secretary, or any authorized representative, shall deliver to the owner or person found in possession of any contraband weight, measure or weighing or measuring device a statement giving the location and description of the weight, measure or weighing or measuring device so sealed or taken.

(b) Any weighing or measuring device which has been sealed out of service by the secretary, or by an authorized representative, and which 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, for an order for the disposal of such device.

(c) Procedure in regard to the prevention of the maintenance of a common nuisance and procedure for the disposal of any weighing or measuring device may be had in accordance with and in the manner provided for under K.S.A. 41-805 and 41-806, and amendments to these sections thereto, and as otherwise authorized by statute.

Sec. 24. K.S.A. 1995 Supp. 83-219 is hereby amended to read as follows: 83-219. (a) It shall be unlawful for any person owner of a com- mercial weighing or measuring device:

(1) To offer or expose for sale, or to sell or otherwise dispose of any weight, measure or weighing or measuring device that is false does not meet the tolerances and specifications required by chapter 83 of the Kan- sas Statutes Annotated, and amendments thereto, or which has been re- jected except under without first obtaining the written authorization of the secretary or an authorized inspector;

(2) to use or possess a weight, measure or weighing or measuring device that is false used for or intended to be used for commercial purposes which does not meet the tolerance and specifications required by chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or that does not conform to the authorized 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 thing, article of merchandise;

(B) computation of any charge for services rendered on the basis of weight or measure,;

(C) determining of 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 meas- uring device by the secretary, an authorized representative of the secre- tary, an authorized inspector or a county or city inspector of weights and measures, without specific written authorization from the proper author- ity or to use a weighing or measuring device after the lapse of 30 days the authorized period following the placing of a rejection tag thereon by the secretary, or an authorized representative of the secretary or any authorized inspector, unless further extension of time for any repair pur- poses is first obtained from the secretary;

(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, meas- ure or weighing or measuring device by which the amount of any com- modity, 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 any rule and regulation;

(7) to use in retail trade, except in preparation of packages of mer- chandise 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 some a reasonable cus- tomer position that may reasonably be assumed by a customer;

(8) to violate any of the provisions of this act 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 con- trary to law or rules and regulations;

(11) to expose for sale, offer for sale or sell any commodity in package form, without it 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 the contents of the container fall below such reasonable standard of fill as may have been prescribed for the commodity in ques- tion by the secretary;

(13) to misrepresent the price of any commodity or service sold, of- fered, exposed or advertised for sale by weight, measure or count, nor 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 compute or attempt to compute at the time of sale of an item, a value which is not a true extension of a price per unit which is then advertised, posted or quoted; and

(16) to charge or attempt to charge, at the time of the sale of an item or commodity, a value which is more than the price which is advertised, posted or quoted.;

(17) to alter a weight certificate, use or attempt to use any such cer- tificate 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) to hinder or obstruct in any way the secretary or any of the secretary's authorized agents in the performance of the secretary's official duties under chapter 83 of the Kansas Statutes Annotated, and amend- ments thereto or any rules and regulations adopted thereunder;

(19) 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) to fail to pay all fees and penalties as prescribed by chapter 83 of the Kansas Statutes Annotated, and amendments thereto, and the rules and regulations adopted thereunder;

(21) 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 chapter 83 of the Kansas Statutes An- notated, and amendments thereto or any rules and regulations adopted thereunder, and as required by the secretary;

(22) to fail to have any commercial weight, measure or weighing and measuring device tested as required by chapter 83 of the Kansas Statutes Annotated, and amendments thereto or any rules and regulations adopted thereunder;

(23) to sell or offer or expose for sale liquefied petroleum gas in pack- ages or containers which do not bear a statement as to tare and net weight as required by chapter 83 of the Kansas Statutes Annotated, and amend- ments thereto or any rules and regulations adopted thereunder, or pack- ages or containers which bear a false statement as to weights;

(24) 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; and

(25) to violate any order issued by the secretary pursuant to chapter 83 of the Kansas Statutes Annotated, and amendments thereto.

(b) It shall be unlawful for any service company or technical repre- sentative to:

(1) Act as or represent such person's self to be a technical represen- tative without having a valid license issued by the department of agri- culture;

(2) certify a device as correct unless the device meets the tolerances and specifications as required by chapter 83 of the Kansas Statutes An- notated, 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 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 en- tirety and to report the accurate description of the parts replaced, ad- justed, reconditioned or work performed;

(6) file a false or fraudulent service company or technical represen- tative application or reports to the secretary;

(7) fail to pay all fees and penalties as prescribed by 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 inspec- tion reports, test reports, and any other service or report work informa- tion on any device which the service company or an agent or employee performed work on and other information necessary for the enforcement of chapter 83 of the Kansas Statutes Annotated, and amendments thereto or any rules and regulations adopted thereunder.

(b) (c) For the purpose of paragraph (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 deliv- ered was the quantity bought by the purchaser. For the purposes of par- agraphs (a)(4) and (5), 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.

(d) Violation of this section shall be deemed a deceptive act and prac- tice 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 en- forced by the secretary under the administrative provisions of chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or by the attorney general or a county or district attorney under the Kansas con- sumer protection act.

Sec. 25. K.S.A. 83-220 is hereby amended to read as follows: 83-220. Any person violating any of the provisions of this act article 2 of chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or violating any rule and regulation of the state board of agriculture adopted under this act rules and regulations adopted thereunder shall be guilty of a class A, a nonperson misdemeanor.

Sec. 26. 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 or the capacity of any vehicle tank used in the trans- portation of liquefied petroleum gas, motor-vehicle fuels or liquid fuels shall be made in compliance with the provisions of this act chapter 83 of the Kansas Statutes Annotated, and amendments thereto, and the rules and regulations promulgated thereunder. As used in this section, the term ``dispensing device'' shall have the meaning ascribed to such term in K.S.A. 83-401 and amendments thereto.

Sec. 27. K.S.A. 83-222 is hereby amended to read as follows: 83-222. Except as otherwise provided in this act article 2 of chapter 83 of the Kansas Statutes Annotated, and amendments thereto, all rules and regu- lations adopted under the provisions of article 1 of chapter 83 of the Kansas Statutes Annotated in existence immediately prior to the effective date of this act July 1, 1985, shall continue to be effective and shall be deemed to be the rules and regulations of the state board secretary of agriculture until revised, amended, repealed or nullified pursuant to law.

Sec. 28. K.S.A. 83-225 is hereby amended to read as follows: 83-225. (a) A licensed scale testing and service company shall be authorized to remove an official rejection tag or other mark placed on a scale by au- thority of the state sealer secretary for the purpose of testing or repairing any scale.

(b) After the test is conducted and necessary repairs are completed, the service company shall place the weighing and measuring device in service and shall notify the secretary of such within the time periods established by the secretary pursuant to rules and regulations adopted hereunder.

(b) (c) When a scale cannot be repaired properly, the scale testing and service company shall replace the rejection tag or other mark with a substitute rejection tag or other mark supplied by the state sealer de- partment and shall notify the secretary within the time period as estab- lished by the secretary pursuant to rules and regulations adopted hereun- [chder.

(c) (d) This section shall apply to new and used scales.

(d) (e) This section shall be supplemental to and part of the act ap- pearing in article 2 of chapter 83 of Kansas Statutes Annotated. Admin- istrative or civil penalties specified in K.S.A. 1987 Supp. 83-220, and amendments thereto, shall apply to violations of this section.

Sec. 29. K.S.A. 1995 Supp. 83-301 is hereby amended to read as follows: 83-301. As used in K.S.A. 83-301 to 83-311, inclusive through 83-325, and amendments thereto:

(a) ``Scale'' ``Weighing and measuring device'' means any device scales, liquefied petroleum gas meter or vehicle tank meter used for com- mercial weighing or measuring of commodities;

(b) ``person'' means any individual, agent or employee of a service company, partnership, association, corporation or governmental agency;

(c) ``State sealer'' means the state sealer of weights and measures;

(d) (c) ``place of business'' means any location from which a scale testing and service company, or one or more representatives or employees thereof, sell and perform services for the purpose of testing, repairing, adjusting or calibrating scales;

(e) (d) ``technical representative'' means an individual who is em- ployed by a scale testing and service company and who is responsible for the proper repair, adjustment or calibration of scales by the scale testing and service company at a place of business. installs, repairs, adjusts or calibrates weighing and measuring devices and certifies the accuracy of the weighing and measuring device;

(e) ``secretary'' means the secretary of agriculture or an authorized representative of the secretary;

(f) ``service company'' means a company which is in the business of installing, examining, calibrating, testing, repairing, adjusting weighing and measuring devices but such term does not include a technical rep- resentative unless the technical representative is the owner of such service company;

(g) ``vehicle tank meter'' means those meters mounted on vehicle tanks used for the measurement and delivery of petroleum products; and

(h) ``liquefied petroleum gas'' means commercial propane and such commercial butane as is used for heating fuel.

Sec. 30. K.S.A. 1995 Supp. 83-302 is hereby amended to read as follows: 83-302. (a) Each person, other than an authorized representative of the state sealer secretary or an authorized representative of a city or county department of public inspection of weights and measures estab- lished pursuant to K.S.A. 83-210, and amendments thereto, desiring to operate and perform testing and other services as a scale testing and service company in Kansas shall apply to the state sealer secretary for a scale testing and service company license, on a form to be supplied by the state sealer secretary, and shall obtain such license from the state sealer secretary before operating and performing testing or other services as a scale testing and service company. Each scale testing and service company shall obtain a license for each place of business maintained in Kansas and shall pay a license application fee of $50 and thereafter an annual license renewal application fee of $50 for each place of business. Each scale testing and service company license shall expire on June 30 following issuance, shall be void unless renewed prior to the expiration and shall not be transferable.

(b) If any scale testing and service company maintains any out-of- state places of business which the company operates in serving Kansas patrons, the applicant service company seeking to obtain or renew a li- cense 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 scale testing and service company after being licensed under this section, the licensee shall supply such information to the state sealer secretary before any work is performed in Kansas from such out-of-state location. Each nonresident scale testing and service company shall designate a resident agent upon whom service of notice or process may be made to enforce the provisions of K.S.A. 83-301 to 83-311, inclusive chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or any liabilities arising from operations thereunder. Each nonresident scale testing and service company which maintains no established place of business in Kan- sas shall obtain a license under this section for each out-of-state place of business and shall list on the application the firm name or names for each place of business from which the scale testing and service company in- tends to operate.

(c) Each scale testing and service company shall have each of their technical representatives registered annually by the state sealer Each technical representative shall be licensed annually by the secretary. The Each technical representative shall be required to attend continuing ed- ucation seminars on an annual basis as required by rules and regulations adopted by the secretary and to pass a reasonable examination prescribed by the state sealer before being registered. Each scale testing and service company shall have at least one registered technical representative in its employ at each licensed place of business. secretary each year prior to being licensed. The department of agriculture shall be authorized to charge a fee to the attendees of the continuing education seminars spon- sored by the agency. The amount charged shall be no more than is nec- essary to cover the expenses incurred in providing the seminar. 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 ex- piration.

(d) No scale testing and 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 state sealer secre- tary. The state sealer secretary is authorized to accept a certification of the accuracy of the applicant's weights or measures issued by the national institute of standards and technology or by a weights and measures lab- oratory certified by the national institute of standards and technology in lieu of a test by the state sealer secretary, if such certificate shows that the weights or measures have been tested within the 12 calendar months next last 365 days preceding the license application.

(e) The state sealer secretary shall remit all moneys received under this section to the state treasurer at least monthly. Upon receipt of any such remittance, the state treasurer shall deposit the entire amount thereof in the state treasury and the same shall be credited to the weights and measures fee fund.

Sec. 31. K.S.A. 83-303 is hereby amended to read as follows: 83-303. (a) The state board secretary of agriculture with the recommendation of the state sealer may adopt, amend and revoke reasonable rules and reg- ulations concerning:

(1) Standards of workmanship for scale testing technical representa- tives and service companies;

(2) requirements for contractual responsibilities and fulfillment of agreements by scale testing and service companies;

(3) maintenance and furnishing of reports and information necessary for the state sealer secretary to carry out the provisions of K.S.A. 1987 Supp. 83-301 to 83-311, inclusive chapter 83 of the Kansas Statutes An- notated, and amendments thereto or any rules and regulations adopted thereunder; and

(4) other matters necessary for the administration of the provisions of K.S.A. 1987 Supp. 83-301 to 83-311, inclusive chapter 83 of the Kansas Statutes Annotated, and amendments thereto or any rules and regulations adopted thereunder.

(b) For purposes of inspection, the state sealer or authorized repre- sentatives of the state sealer secretary may enter upon private premises with consent of the occupant. during normal business hours so as to in- spect a weights and measures device or to inspect the installation, or repair or service reports the owner of the device or the service company is required to keep pursuant to chapter 83 of the Kansas Statutes Anno- tated, and amendments thereto, or rules and regulations adopted there- under or to perform any other lawful act as set out in chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or rules and regu- lations adopted thereunder.

Sec. 32. K.S.A. 1995 Supp. 83-304 is hereby amended to read as follows: 83-304. (a) The owner or operator of a scale weighing and meas- uring device which is used for the commercial weighing of commodities commercially shall have the scale such weighing and measuring device tested and inspected at least annually for accuracy. The test shall be con- ducted by either a registered licensed technical representative employed by a licensed scale testing and service company or by an authorized rep- resentative of any city or county which has established a department of public inspection of weights and measures pursuant to K.S.A. 83-210, and amendments thereto, or by the state sealer or an authorized representa- tive of the state sealer secretary, which inspects such scales weighing and measuring device in accordance with rules and regulations adopted by the state sealer secretary. If upon inspection by the state sealer secretary or an authorized representative of the state sealer secretary, it is found that the scale weighing and measuring device has not been tested and inspected for accuracy and approved within the preceding 12 calendar months 365 days, the state sealer secretary or the authorized represen- tative of the state sealer secretary shall take the scale weighing and meas- uring device out of service pursuant to the provisions of K.S.A. 83-215, and amendments thereto. The test weights or equipment used by the scale testing and service company shall have been approved and sealed by the state sealer secretary pursuant to K.S.A. 83-214, and amendments thereto, within the 12 calendar months 365 days preceding the date of the test. Except at the option of the city or county which has an estab- lished department of public inspection of weights and measures, annual tests and inspections shall be at the expense of the owner or operator of the scale weighing and measuring device. In any city or county which has a department of public inspection which annually inspects such scales weighing and measuring device, the test may be conducted by an au- thorized representative of the city or county weights and measures de- partment. Farmers or ranchers who own and operate scales a weighing and measuring device used in private treaty transactions are exempt from the annual testing requirements.

(b) A scale testing and service company or the city or county depart- ment of public inspection of weights and measures or an authorized rep- resentative of the state sealer 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 scale weighing and measuring device a report showing the results of the tests and inspection. Within 10 calendar days thereafter, the scale testing and service company or the city or county department of public inspection of weights and measures or an authorized representative of the state sealer shall furnish a copy of such report to the state sealer. The city or county department of public inspection of weights and measures reports shall also be sent to the secretary, as re- quired by rules and regulations adopted by the secretary, however, no report shall be furnished later than 10 days after the test or inspection of the device has occurred.

(c) Subject to the provisions of K.S.A. 83-215, and amendments thereto, the owner and or operator of a scale weighing and measuring device which is found to be inaccurate out of the tolerances or specifica- tions required by chapter 83 of the Kansas Statutes Annotated, and amendments thereto or any rules and regulations adopted thereunder, at the time of testing shall withdraw immediately the scale weighing and measuring device from further use until the necessary corrections, ad- justments or repairs are made and the scale weighing and measuring device is determined to be accurate by a scale testing and service company or the city or county department of public inspection of weights and measures or an authorized representative of the state sealer secretary. Scales Weighing and measuring devices which have been repaired or serv- iced shall meet the tolerances and specifications established in chapter 83 of the Kansas Statutes Annotated, and amendments thereto, and those rules and regulations adopted by the state sealer secretary by rule and regulation prior to being placed or returned to service. The scale testing and service company or the city or county department of public inspection of weights and measures shall notify the state sealer secretary of any scales weighing and measuring devices which are found not to comply with such tolerances and specifications. and are thus inaccurate and cannot be ad- justed, repaired or serviced so as to comply with the standards and tol- erances established in chapter 83 of the Kansas Statutes Annotated, and amendments thereto. Such notification shall be as required by the secre- tary, pursuant to rules and regulations, however, such notification shall be furnished to the department no 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 noncom- pliance with the tolerance and specifications required for such weighing and measuring device. A copy of the report prepared by the scale testing and service company or city or county department of public inspection of weights and measures or an authorized representative of the state sealer the secretary showing the results of the scale weighing and meas- uring device test and the work done to correct any deficiencies shall be filed with the state sealer secretary by the owner or operator of the scale within 10 days after the test and inspection has been completed service company.

(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 the service company or the technical representatives employed by the service company performed on the commercial weighing and 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 weighing and meas- uring device shall also be required to retain copies of all reports regarding the installation, repair or adjustment or any of the aforementioned done 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.

Sec. 33. K.S.A. 1995 Supp. 83-305 is hereby amended to read as follows: 83-305. When the state sealer secretary has been notified by a licensed scale testing and service company, by an authorized represen- tative of the state sealer 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 scale weighing and measuring device does not comply with tolerances and specifications adopted by the state sealer secretary, by rule and regulation, then the state sealer sec- retary may test the scale weighing and measuring device for accuracy after repairs have been made.

Sec. 34. K.S.A. 83-307 is hereby amended to read as follows: 83-307. K.S.A. 1985 Supp. 83-301 to 83-311, inclusive, do Chapter 83 of the Kan- sas Statutes Annotated, and amendments thereto, does not apply to a railway track scale used exclusively for the weighing of commodities on railroad vehicles.

Sec. 35. K.S.A. 1995 Supp. 83-308 is hereby amended to read as follows: 83-308. (a) At any time after a hearing in accordance with the provisions of the Kansas administrative procedure act, the state sealer secretary may revoke, suspend, decline to renew or decline to issue a scale testing and service company license or technical representative's license, when the scale testing and service company or technical repre- sentative:

(1) (a) Has refused to provide the state sealer secretary with reason- ably complete and accurate information regarding methods used, mate- rials used or work performed as required by the secretary; or

(2) (b) has failed to comply with any provision or requirement of K.S.A. 83-301 to 83-311, inclusive chapter 83 of the Kansas Statutes An- notated, and amendments thereto or the Kansas weights and measures laws or any rule and regulation rules and regulations adopted thereunder.;

(b) The state sealer shall suspend the license of any scale testing and service company which does not have a registered technical representa- tive at each licensed place of business as required under subsection (c) of K.S.A. 83-302 and amendments thereto. Suspension pursuant to this subsection shall not require a hearing.

(c) has failed to perform work in a manner consistent with the stan- dards set forth in chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or any rules and regulations adopted thereunder; or

(d) has committed an unlawful act as established in K.S.A. 83-219, and amendments thereto.

Sec. 36. K.S.A. 83-311 is hereby amended to read as follows: 83-311. Any person violating or failing to comply with any of the provisions of K.S.A. 1985 Supp. 83-301 to through 83-311, inclusive and K.S.A. 1995 Supp. 83-321 through 83-325, and amendments thereto, or violating or failing to comply with any authorized rule and regulation rules and reg- ulations of the state sealer secretary adopted thereunder, shall be deemed guilty of a class A nonperson misdemeanor. Each separate violation shall be a separate misdemeanor.

Sec. 37. K.S.A. 1995 Supp. 83-321 is hereby amended to read as follows: 83-321. (a) All of the powers, duties and functions of the director of the Kansas state grain inspection department with regard to the Kansas grain inspection laws pertaining to the actual inspection of the scales and other weighing and measuring devices specified in chapter 34 of Kansas Statutes Annotated, and amendments thereto, are hereby transferred to and conferred and imposed upon the secretary of the state board of ag- riculture.

(b) The secretary of the state board of agriculture shall be the suc- cessor in every way to the powers, duties and functions of the director of the Kansas state grain inspection department with regard to the Kansas grain inspection laws pertaining to the actual inspection of the scales and other weighing and measuring devices specified in chapter 34 of Kansas Statutes Annotated, and amendments thereto, and shall be deemed the orders and directives of the secretary of the state board of agriculture until revised, amended or nullified pursuant to law.

(c) The secretary of the state board of agriculture shall succeed to whatever right, title or interest the director of the Kansas state grain inspection department, with regard to the Kansas grain inspection laws pertaining to the actual inspection of the scales and other weighing and measuring devices specified in chapter 34 of Kansas Statutes Annotated, and amendments thereto, in which the same were vested prior to the effective date of this act. Every act performed in the exercise of such powers, duties and functions by or under the authority of the secretary of the state board of agriculture shall be deemed to have the same force and effect as if performed by the director of the Kansas grain inspection department with regard to the Kansas grain inspection laws pertaining to the actual inspection of the scales and other weighing and measuring devices specified in chapter 34 of Kansas Statutes Annotated, and amend- ments thereto, in which such powers, duties and functions were vested prior to the effective date of this order.

(d) Whenever the director of the Kansas grain inspection depart- ment, or words of like effect, with regard to the Kansas grain inspection laws pertaining to the actual inspection of the scales and other weighing and measuring devices specified in chapter 34 of Kansas Statutes Anno- tated, and amendments thereto, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the secretary of the state board of agriculture.

(e) All rules and regulations of the director of the Kansas grain in- spection department with regard to the Kansas grain inspection laws per- taining to the actual inspection of the scales and other weighing and meas- uring devices specified in chapter 34 of Kansas Statutes Annotated, and amendments thereto, in existence on the effective date of this act shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the secretary of the state board of agriculture until revised, amended, revoked or nullified pursuant to law.

(f) All orders and directives of the director of the Kansas grain in- spection department with regard to the Kansas grain inspection laws per- taining to the actual inspection of the scales and other weighing and meas- uring devices specified in chapter 34 of Kansas Statutes Annotated, and amendments thereto, in existence on the effective date of this act shall continue to be effective and shall be deemed the orders and directives of the secretary of the state board of agriculture until revised, amended or nullified pursuant to law.

(g) The secretary of the state board of agriculture shall succeed to whatever right, title or interest the director of the Kansas grain inspection department, with regard to the Kansas grain inspection laws pertaining to the actual inspection of the scales and other weighing and measuring devices specified in chapter 34 of Kansas Statutes Annotated, and amend- ments thereto, has acquired in any real or personal property in this state, and the secretary shall hold the same for and in the name of the state of Kansas.

(h) On and after the effective date of this act, whenever any statute, contract, deed or other document concerns the power or authority of the director of the Kansas state grain inspection department with regard to the Kansas grain inspection laws pertaining to the actual inspection of the scales and other weighing and measuring devices specified in chapter 34 of Kansas Statutes Annotated, and amendments thereto, to acquire, hold or dispose of real or personal property or any interest therein, the sec- retary of the state board of agriculture shall succeed to such power or authority.

Sec. 38. K.S.A. 1995 Supp. 83-322 is hereby amended to read as follows: 83-322. On the effective date of this act, officers and employees who immediately prior to such date, were engaged in the performance of powers, duties or functions of the Kansas grain inspection laws per- taining to the actual inspection of the scales and other weighing and meas- uring devices specified in chapter 34 of Kansas Statutes Annotated, and amendments thereto, and who in the opinion of the secretary of the state board of agriculture, are necessary to perform the powers, duties and functions of the Kansas grain inspection laws pertaining to the actual inspection of the scales and other weighing and measuring devices spec- ified in chapter 34 of Kansas Statutes Annotated, and amendments thereto, shall be transferred to and shall become officers and employees of the state board department of agriculture. Any such officer or employee shall retain all retirement benefits and all rights of civil service which had accrued to or vested in such officer or employee prior to the effective date of this act. The service of each such officer and employee so trans- ferred shall be deemed to have been continuous.

Sec. 39. K.S.A. 1995 Supp. 83-323 is hereby amended to read as follows: 83-323. (a) When any conflict arises as to the disposition of any property, power, duty or function, or the unexpended balance of any appropriation, as a result of any abolition, transfer, attachment or change made by or under authority of this act, such conflict shall be resolved by the governor whose decision shall be final.

(b) The state board department of agriculture shall succeed to all property rights and records which were used for or pertain to the per- formance of the powers, duties and functions transferred to the secretary of the state board of agriculture. Any conflict as to the proper disposition of property or records arising under this section and resulting from the transfer, attachment or all or part of the powers, duties and functions of the director of the Kansas state grain inspection department shall be determined by the governor whose decision shall be final.

Sec. 40. K.S.A. 1995 Supp. 83-324 is hereby amended to read as follows: 83-324. (a) No suit, action or other proceeding, judicial or ad- ministrative, lawfully commenced, or which could have been commenced by or against the director of the Kansas state grain inspection department with regard to the Kansas grain inspection laws or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties shall abate by reason of the transfers ef- fected under the provisions of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the secretary of the state board of agriculture or any officer affected.

(b) No criminal action commenced or which could have been com- menced by the state shall abate by the taking effect of this act.

Sec. 41. K.S.A. 1995 Supp. 83-325 is hereby amended to read as follows: 83-325. (a) On the effective date of this act, the balance of all funds appropriated and reappropriated to the director of the Kansas state grain inspection department, the actual inspection of scales and other weighing and measuring devices with regard to the Kansas grain inspec- tion laws is hereby transferred to the state board department of agricul- ture and shall be used only for the purpose for which the appropriation was originally made.

(b) On the effective date of this act, the liability for all accrued com- pensation or salaries of officers and employees who, immediately prior to such date were engaged in the performance of powers, duties or functions of any state agency or officer transferred by this act, or which becomes a part of the state board department of agriculture or the powers, duties and functions of which are transferred to the secretary of agriculture, shall be assumed and paid by the state board department of agriculture.

New Sec. 42. If any part of this act are held to be invalid or uncon- stitutional by any court, it shall be conclusively presumed that the legis- lature would have enacted the remainder of this act without such invalid or unconstitutional part or parts.

Sec. 43. K.S.A. 34-2,108, 83-143, 83-144, 83-145, 83-146, 83-147, 83-149, 83-154, 83-155, 83-205, 83-208, 83-209, 83-210, 83-212, 83-213, 83-215, 83-216, 83-220, 83-221, 83-222, 83-225, 83-303, 83-306, 83-307 and 83-311 and K.S.A. 1995 Supp. 74-569, 83-201, 83-202, 83-206, 83- 207, 83-211, 83-214, 83-219, 83-301, 83-302, 83-304, 83-305, 83-308, 83- 310, 83-321, 83-322, 83-323, 83-324 and 83-325 are hereby repealed.

Sec. 44. This act shall take effect and be in force from and after its publication in the Kansas register.

Approved April 10, 1996.

Published in the Kansas Register: April 18, 1996.