HB 1126

This bill establishes a weights and measures accreditation program as well as a non-lapsing funding mechanism.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

Be it Enacted by the Senate and House of Representatives in General Court convened:

(2) Licenses and registrations, including application, initial issuance, replacement and duplication.

2 New Subparagraph; Rulemaking Authority; Fees. Amend RSA 438:8 I(h) by inserting after subparagraph (3) the following new subparagraph:

3 Weights and Measures; Rulemaking; Testing and Calibration Standards. RSA 438:8, IV is repealed and reenacted to read as follows:

IV. The specifications, tolerances, and other technical requirements for standards used in the testing or calibration of commercial weighing and measuring devices, together with amendments thereto, as recommended by the National Conference on Weights and Measures, and published in the National Institute of Standards and Technology Handbook 105 series and supplements to the Handbook 105 series, or in any publication revising or superseding the Handbook 105 series, shall be the specifications, tolerances, and other technical requirements for standards used in the testing and calibration of commercial weighing and measuring devices of the state of New Hampshire, except as specifically modified, amended, or rejected by a rule adopted by the commissioner, and shall be adopted as part of this chapter and need not be adopted in accordance with RSA 541-A.

4 New Paragraph; Rulemaking Authority; Operational Guides. Amend RSA 438:8 by inserting after paragraph IV the following new paragraph:

V. The operational guides, for use in the field evaluation of commercial weighing and measuring devices, by the bureau of weights and measures and registered servicemen, together with amendments thereto, as recommended by the National Conference on Weights and Measures, and published in the National Conference on Weights and Measures Publication 12, Examination Procedure Outlines for Weighing and Measuring Devices, or in any publication revising or superseding Publication 12, shall be the evaluation procedures used in the field evaluation of weighing and measuring devices used commercially in the state of New Hampshire, except as specifically modified, amended, or rejected by a rule adopted by the commissioner, and shall be adopted as part of this chapter and need not be adopted in accordance with RSA 541-A.

5 New Section; Weights and Measures Laboratory Accreditation Program. Amend RSA 438 by inserting after section 10 the following new subdivision:

I. The commissioner of the department of agriculture, markets and food shall establish a weights and measures laboratory accreditation program. The purpose of the program shall be to provide technical and calibration services to service agencies, industry, state agencies, and any other individual or group requiring calibration or testing services that are traceable to the National Institute of Standards and Technology.

II. There is established a non-lapsing fund, continually appropriated to the commissioner of agriculture, markets, and food, to be known as the weights and measures laboratory accreditation fund and to be used exclusively for the laboratory accreditation program. Fees collected under RSA 438:8, I(h)(2) for the registration of service agencies and fees collected under RSA 438:8, I(h)(1), for laboratory services provided to service agencies, industry, state agencies, and other individuals, shall be deposited in this fund. The state treasurer may invest moneys in the fund as provided by law and all interest received on such investment shall be credited to the fund. The commissioner shall be authorized to accept grants, gifts, and donations from any public or private sources for deposit in the fund.

6 New Subparagraph; State Treasurer; Application of Receipts; Weights and Measures Laboratory Accreditation Fund. Amend RSA 6:12, I by inserting after subparagraph (dddd) the following new subparagraph:

(eeee) Moneys deposited in the weights and measures laboratory accreditation fund established in RSA 438:10-a, II.

The Department of Agriculture states this bill will decrease state general fund revenue and expenditures by $16,000 in FY 2003, $18,000 in FY 2004, and $20,000 in FY 2005, and increase state restricted revenue and expenditures by $37,000 in FY 2003, $39,000 in FY 2004, and $41,000 in FY 2005. There will be no fiscal impact on county and local revenue or expenditures.

The Department states this bill will establish a weights and measures laboratory accreditation program, and a non-lapsing, continually appropriated fund for the purposes of the program. The Department estimates they currently collect $16,000 annually for testing and/or calibration services provided to businesses and individuals by the personnel working in the weights and measures laboratory. This amount is deposited into the state general fund and fluctuates based on the work performed in the laboratory. Under this bill, these funds will be deposited into the newly established fund resulting in a decrease in general fund revenue and expenditures, and an increase in state restricted revenue and expenditures of $16,000 in FY 2003, $18,000 in FY 2004, and $20,000 in FY 2005.

In addition, this bill also authorizes the Commissioner of the Department to establish a registration fee through the department's rulemaking process for deposit into the new fund. The fee will be charged for mandatory registration of service agencies that install, repair and calibrate commercial devices. The Department estimates revenue from this fee will total $21,000 annually. Fee revenue will be expended accordingly for providing weights and measures services resulting in an increase in state restricted revenue and expenditures of $21,000 in FY 2003 and each year thereafter. The overall fiscal impact is outlined in the table below:

FY 2003 FY 2004 FY 2005

Lab Fee Revenue & Expenditures

from General Fund $16,000 $18,000 $20,000

New Registration Fee Revenue &

Expenditures 21,000 21,000 21,000

Total Restricted Fund Impact $37,000 $39,000 $41,000