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SENATE BILL NO. 1276

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Bill Status

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S1276aaH............................................by AGRICULTURAL AFFAIRS
COMMODITIES - Amends existing law relating to weights and measures
standards to clarify the process and terminology used in sales and delivery
of commodities in bulk.

01/16    Senate intro - 1st rdg - to printing
01/17    Rpt prt - to Agric Aff
01/23    Rpt out - rec d/p - to 2nd rdg
01/24    2nd rdg - to 3rd rdg
01/28    3rd rdg - PASSED - 27-5-3
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Heinrich, Hill,
      Jorgenson, Kelly, Keough, Langhorst, Lodge, Malepeai(Sagness), McGee,
      McKenzie, Richardson, Schroeder, Stegner, Stennett, Werk
      NAYS -- Geddes, Little, McKague, Pearce, Siddoway
      Absent and excused -- Gannon, Goedde, Hammond
    Floor Sponsor - Corder
    Title apvd - to House
01/29    House intro - 1st rdg - to W/M
03/13    Rpt out - ref'd to St Aff
03/20    Rpt out - to Gen Ord
03/25    Rpt out amen - to 1st rdg as amen
03/26    1st rdg - to 2nd rdg as amen
03/27    2nd rdg - to 3rd rdg as amen
    Ret'd to St Aff

Bill Text

                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1276

                             BY AGRICULTURAL AFFAIRS COMMITTEE

  1                                        AN ACT
  2    RELATING TO WEIGHTS AND MEASURES STANDARDS;  AMENDING  SECTION  71-240,  IDAHO
  3        CODE, TO CLARIFY THE PROCESS AND TERMINOLOGY USED IN SALES AND DELIVERY OF
  4        COMMODITIES IN BULK.

  5    Be It Enacted by the Legislature of the State of Idaho:

  6        SECTION  1.  That  Section  71-240, Idaho Code, be, and the same is hereby
  7    amended to read as follows:

  8        71-240.  SALES AND DELIVERY IN BULK -- DUPLICATE DELIVERY   SCALE  TICKETS
  9    SHOWING  WEIGHT.  When  a vehicle delivers to an individual purchaser buyer or
 10    seller delivers a commodity in bulk, and the commodity is bought  or  sold  in
 11    terms  of  weight units, the delivery sale shall be accompanied by a duplicate
 12    delivery scale tickets with the following information clearly stated,  in  ink
 13    or  by  means  of  other indelible marking equipment and, in clarity, equal to
 14    type or printing, (1) the name and address of the vendor seller, (2) the  name
 15    and  address  of  the  purchaser buyer, and (3) the net weight of the delivery
 16    sale expressed in pounds,  and, if the net weight is derived  from  determina-
 17    tions  of  clearly indicating both gross and tare weights, such gross and tare
 18    weights also shall be stated in terms of pounds.  One  (1)  of  these  tickets
 19    shall be retained by the vendor seller, and the other shall be delivered to by
 20    the  purchaser    buyer at the time of delivery of the commodity., or shall be
 21    surrendered, on demand, to the director, or the bureau chief or the inspector,
 22    who, if he desires to retain it as evidence, shall issue a weight slip in lieu
 23    thereof for delivery to the purchaser; provided, that, if the purchaser,  him-
 24    self,  carries away his purchase, the vendor shall be required only to give to
 25    the purchaser at the time of sale a delivery The  scale  ticket,  stating  the
 26    number  of  pounds  of commodity delivered to him or an unalterable electronic
 27    representation of it, shall be retained for a minimum of three  (3)  years  by
 28    the party who conducted the weighing of the commodity.

Amendment

                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                                     Moved by    Rusche

                                                     Seconded by Luker


                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO S.B. NO. 1276

  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line 25, delete "The scale ticket,"  and
  3    insert:  "ticket";  in  line  26,  delete  "or  an unalterable electronic" and
  4    insert: "."; and delete lines 27 and 28.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                            RS 17516

The intent of this legislation is to clarify when weight tickets
must be issued for products sold and weighed on certified scales. 
Interpretations of current law allow entities to purchase scrap
metal by the ton without providing proof of weight.  This
amendment will make clear that all bulk sales and deliveries must
produce scale tickets. 


                          FISCAL IMPACT

There is no impact on the general fund.



Contact
Name:   Sen. Tim Corder 
Phone:  332-1000
Rep.    Rich Wills


STATEMENT OF PURPOSE/FISCAL NOTE                        S 1276