CHAPTER 38 SENATE BILL No. 640 An Act concerning weights and measures; relating to inspections; amending K.S.A. 83-304 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas:

      Section  1. 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
weighing and measuring device which is used commercially shall have
such weighing and measuring device tested and inspected at least an-
nually for accuracy. The test shall be conducted by either a licensed tech-
nical representative employed by a licensed service company or by an
authorized representative 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 secretary, which in-
spects such weighing and measuring device in accordance with rules and
regulations adopted by the secretary. If upon inspection by the secretary
or an authorized representative of the secretary, it is found that the weigh-
ing and measuring device has not been tested and inspected for accuracy
and approved within the preceding 365 days, the secretary or the au-
thorized representative of the secretary shall take the weighing and meas-
uring 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 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 city or county which 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 weighing and measuring device.
In any city or county which has a department of public inspection which
inspects such weighing and measuring device, the test may be conducted
by an authorized representative of the city or county weights and meas-
ures 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.

      (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 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
the device has occurred.

      (c) Subject to the provisions of K.S.A. 83-215, and amendments
thereto, the owner or operator of a weighing and measuring device which
is found to be out of the tolerances or specifications 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 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 city or county department of public inspection of
weights and measures or an authorized representative of the secretary.
Weighing and measuring devices which have been repaired or serviced
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 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 weigh-
ing and measuring devices which are found not to comply with such tol-
erances and specifications and are thus inaccurate and cannot be adjusted,
repaired or serviced so as to comply with the standards and tolerances
established in chapter 83 of the Kansas Statutes Annotated, and amend-
ments thereto. Such notification shall be as required by the secretary,
pursuant to rules and regulations, however, such notification shall be fur-
nished 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 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.

      (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.

      (e) The secretary may adopt rules and regulations providing for in-
spection 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 sec-
retary shall take into consideration the standard for inspections of vapor
meters adopted by the national institute of standards and technology of
the United State department of commerce.

 Sec.  2. K.S.A. 83-304 is hereby repealed.
 Sec.  3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved March 29, 2000.
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