MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Agriculture

By: Representatives Holland (By Request), Gadd

AN ACT TO AMEND SECTION 75-27-307, MISSISSIPPI CODE OF 1972, TO EXEMPT FROM BONDED WEIGHMASTERS LICENSING REQUIREMENTS CERTAIN PERSONS WHO OPERATE PUBLIC SCALES EXCLUSIVELY FOR WEIGHING TRUCKS FOR COMPLIANCE WITH STATE WEIGHT LAWS; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 75-27-307, Mississippi Code of 1972, is amended as follows:

75-27-307. (1) Any person before engaging in business as a public weighmaster shall obtain a license from the commissioner. Applications for such license shall be made on forms prescribed and furnished by the commissioner. Licenses issued hereunder by the commissioner shall expire on June 30 of each year and application for renewal thereof shall be made annually, before the expiration date. The fee for such license and all subsequent renewals thereof shall be Twenty-five Dollars ($25.00). Funds collected from such license fees shall be paid into the State Treasury to the credit of the General Fund.

(2) Licenses issued hereunder shall not be transferable.

(3) Each application for license shall be accompanied by a signed weighmaster's oath, a surety bond as required herein and a statement certifying that the weighing or measuring device used has been tested and declared to be accurate, within tolerances allowed by NBS Handbook 44 for such device, by the state weights and measures jurisdiction.

(4) The issuance of a license as a bonded weighmaster shall not obligate the state to pay to the licensee any compensation for his or her services as a bonded weighmaster.

(5) A bonded weighmaster may not officially weigh or measure any property, commodity, produce or article unless he or she holds a valid license issued by the commissioner.

(6) A bonded weighmaster's license may be revoked by the commissioner for violation of the provisions of this law or regulations promulgated hereunder; provided, however, such bonded weighmaster shall be permitted a hearing prior to the revocation of such license.

(7) The following persons shall not be required, but shall be permitted, to obtain licenses as bonded weighmasters:

(a) A weights and measures officer employed by the Department of Agriculture and Commerce when acting within the scope of his official duties;

(b) A person weighing or measuring property, produce, commodities or articles that he/she or his/her employer, if any, is either buying or selling;

(c) A person weighing or measuring property, produce, commodities or articles in conformity with the requirements of federal statutes or the statutes of this state relative to warehousemen or processors;

(d) Employees of the state or federal government for the performance of their duties under regulations of the Federal Grain Inspection Service (FGIS).

(e) All persons or businesses operating under the jurisdiction of the Interstate Commerce Act.

(f) Any person who operates a public scale exclusively for the determination of gross weight and/or weight distribution on trucks for compliance with highway weight laws. Weight tickets issued by such person shall have "Weight not legal for trade" printed or stamped in bold type on the face of the ticket.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.