1997 Regular Session
By: Representatives Gadd, Moak
House Bill 1501
(As Sent to Governor)
AN ACT TO AMEND SECTION 75-27-307, MISSISSIPPI CODE OF 1972, TO REVISE THE LICENSE FEES FOR PUBLIC WEIGHMASTERS; TO AMEND SECTION 75-27-311, MISSISSIPPI CODE OF 1972, TO REVISE THE SEAL REQUIREMENTS OF A BONDED WEIGHMASTER; 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, as defined by Section 75-27-303(3), or business 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 for an individual who is not employed by a business shall be Twenty-five Dollars ($25.00). The fee for such license and all subsequent renewals for a business is One Hundred Dollars ($100.00), and such license shall cover all employees of that business. 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.
SECTION 2. Section 75-27-311, Mississippi Code of 1972, is amended as follows:
75-27-311. (1) Each bonded weighmaster shall, at his or her own expense, provide himself or herself with an impression seal. The licensee's name and the word "Mississippi" shall be inscribed around the outer margin of the seal and the words "Bonded Weighmaster" shall be inscribed in the center thereof.
(2) Such seal, or licensee's name and number, shall be impressed or inscribed electronically upon each weight certificate issued by such bonded weighmaster, and such seal or licensee's name and number, when applied to weight certificates, shall be recognized authority of accuracy of weight or measure recorded thereon.
(3) The use of such bonded weighmaster's seal by any person not holding a valid weighmaster's license shall be a misdemeanor and such person shall be punished as provided in this article. If a licensed bonded weighmaster shall allow his or her bonded weighmaster's seal to be used by another person, such bonded weighmaster shall be guilty of a misdemeanor and shall be punished as provided herein and his or her license may be revoked.
SECTION 3. This act shall take effect and be in force from and after July 1, 1997.