Session Law
AN ACT
HB 2122
Relating to remote readouts;
amending ORS 618.010, 618.141 and 646.959.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 618.010 is amended to read:
618.010. As used in this chapter, unless the context requires
otherwise:
(1) "Advertising" or "advertisement" means
any public notice or announcement of commodities for sale, services to be
performed, equipment or facilities for hire, or any other thing offered to the
public, via publishing or broadcasting media or by signs, banners, posters,
handbills, labels or similar devices, for the purpose of inducing, directly or
indirectly, the purchase or use of such commodities, services, equipment or
facilities.
(2) "Commercial" or "commercially used"
means any application or use in connection with or related to transactions in
which, in exchange for commodities received or services rendered, consideration
is given in terms of currency, negotiable instruments, credit, merchandise or
any other thing of value.
(3) "Commodity" means any merchandise, product or
substance produced or distributed for sale to, or use by, others.
(4) "Commodity in bulk form" means any quantity of a
commodity that is not a commodity in package form.
(5) "Commodity in package form" means any quantity of
a commodity put up or packaged in any manner in advance of sale, in units
suitable for either wholesale or retail sale by weight, volume, measure or
count, exclusive, however, of any auxiliary shipping container enclosing
packages that individually conform to the requirements of ORS 618.010 to
618.246. An individual item or lot of any commodity not in package form as
defined in this subsection, but on which there is marked a selling price based
on an established price per unit of weight or of measure, is a commodity in
package form.
(6) "Department" means the State Department of
Agriculture.
(7) "Director" means the Director of Agriculture.
(8) "Inspector" means any state officer or employee
designated by the director as a supervisor of, or an inspector of, weights and
measures.
(9) "Intrastate commerce" means any and all commerce
or trade begun, carried on and completed wholly within the limits of this
state.
(10) "Introduced into intrastate commerce" means the
time and place at which the first sale and delivery of a commodity is made
within this state, the delivery being made either directly to the purchaser or
to a common carrier for shipment to the purchaser.
(11) "Liquid-fuel measuring device" means any meter,
pump, tank, gage or apparatus used for volumetrically determining the quantity
of any internal combustion engine fuel, liquefied petroleum gas or
low-viscosity heating oil.
(12) "National Bureau of Standards" means the
National Bureau of Standards of the Department of Commerce of the United
States.
(13) "Person" has the meaning for that term provided
in ORS 174.100.
[(14) "Remote
readout" means any console, cabinet, panel or instrument connected to or
associated with a weighing or measuring device which indicates, displays or
prints values of weight or measure at a location physically separate from the
weighing or measuring device.]
[(15)] (14) "Sale" and
"sell" include barter and exchange.
[(16)] (15) "Security seal" means a
lead-and-wire seal, or similar nonreusable closure, attached to a weighing or
measuring instrument or device for protection against undetectable access,
removal, adjustment or unauthorized use.
[(17)] (16) "Vehicle" means any
wheeled conveyance in, upon or by which any property, livestock or commodity is
or may be transported or drawn, but does not include railroad rolling stock.
[(18)] (17) "Weighing device" means
any scale, balance or apparatus used for gravimetrically determining the
quantity of any commodity on a discrete or continuous basis.
[(19)] (18) "Weights and measures"
means all weights and measures, instruments and devices of every kind for
weighing and measuring, and any appliances and accessories associated with any
or all such instruments and devices. However, "weights and measures"
does not include meters for the measurement of electricity, gas or water when
operated in a system of a public utility, as that term is defined in ORS
757.005. None of the provisions of ORS 618.010 to 618.246 apply to such public
utility meters or to any associated appliances or accessories.
SECTION 2.
ORS 618.141 is amended to read:
618.141. The license fees established pursuant to ORS 618.136
for weighing or measuring instruments or devices shall not exceed the
following:
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Discrete Weighing Devices Maximum
(Manufacturer's rated capacity) Fee
0-400 pounds............................................... $ 20
401-1,160 pounds........................................ $ 30
1,161-7,500 pounds..................................... $ 60
7,501-60,000 pounds................................... $ 130
60,001 pounds or more................................ $ 210
Continuous Weighing Systems
(Manufacturer's rated capacity)
Under 10 tons per hour................................ $ 160
10-150 tons per hour.................................... $ 250
151-1,000 tons per hour............................... $ 500
Over 1,000 tons per hour............................. $ 1,100
In-motion railroad
track scales................................................... $ 1,000
Liquid-Fuel Metering Devices for
Noncorrosive Fuels Contained at
Atmospheric Pressure
(Maximum device flowrate)
Under 20 gallons per minute........................ $ 25
20-150 gallons per minute............................ $ 45
Over 150 gallons per minute........................ $ 75
Special Liquid-Fuel Measuring
Equipment
(Type)
Liquefied petroleum gas meters
one inch pipe
diameter or under........................................ $ 70
Over one inch
pipe diameter............................................... $ 125
Tanks, under 500 gallons capacity
when used as measure containers
with or without gage rods or
markers......................................................... $ 100
Tanks, 500 or more gallons capacity
when used as measure containers
with or without gage rods or
markers......................................................... $ 200
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[Any weighing or
measuring device specified in this section that is equipped or associated with
a remote readout shall be subject to an additional per device remote readout
fee equal to 50 percent of the established basic device license fee. The
additional remote readout fee shall apply individually to each device connected
to or associated with a remote readout, up to a maximum of $125 in such
additional fee per each weighing or measuring device.]
SECTION 3.
ORS 646.959 is amended to read:
646.959. (1) In addition to and not in lieu of the license fee
required by ORS 618.141, each dealer that operates a metering instrument or
device, other than a remote readout device, required to be licensed by ORS
618.121 that is operated for the measurement of motor vehicle fuel shall pay to
the State Department of Agriculture an annual fee of $5 for each such
instrument or device. The fee required by this section shall be paid at the
same time that the licensing fee for the instrument or measuring device is
paid.
(2) All moneys received by the department pursuant to this
section shall be paid into the Motor Vehicle Fuel Inspection Program Account.
(3) As used in this
section, "remote readout device" means a console, cabinet, panel or
instrument connected to or associated with a weighing or measuring device that
indicates, displays or prints values of weight or measure at a location physically
separate from the weighing or measuring device.
Approved by the Governor June 9, 1999
Filed in the office of Secretary of State June 9,
1999
Effective date October 23, 1999
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