HB-4502, As Passed House, March 8, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 4502

     A bill to amend 1964 PA 283, entitled

"Weights and measures act,"

by amending section 31 (MCL 290.631), as amended by 2002 PA 208.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 31. (1) A person who, by himself or herself or by the

person's servant or agent, or as the servant or agent of another

person, engages in any of the following acts is guilty of a

misdemeanor and may be fined not less than $1,000.00 or not more

than $10,000.00, or imprisoned for not more than 1 year, or both:

     (a) Use or have in possession for the purpose of using for any

commercial purpose specified in section 10, sell, offer, expose for

sale or hire, or have in possession for the purpose of selling or

hiring, incorrect weights and measures or any device or instrument

used or calculated to falsify any weights and measures.

     (b) Use or have in possession for current use in the buying or

selling of any commodity or thing, for hire or award, or in the

computation of any basic charge or payment for services rendered on

the basis of weights and measures or in the determination of

weights and measures, when a charge is made for the determination,

weights and measures that have not been tested and sealed by the

appropriate authority, unless 1 or more of the following conditions

are met:

     (i) A properly executed and completed placed-in-service report

has been delivered to the director as notification that the weights

and measures have been placed in service by a registered

serviceperson.

     (ii) Permission to use the weights and measures has been

received from the appropriate authority.

     (iii) The weights and measures have been exempted from sealing

or testing requirements by section 10 or by rule of the director

issued under section 8.

     (c) Dispose of rejected or condemned weights and measures in a

manner contrary to law or rule.

     (d) Remove from weights and measures, contrary to law or rule,

a tag, seal, or mark placed on the weights and measures by the

appropriate authority.

     (e) Sell, offer, or expose for sale less than the quantity he

or she represents of a commodity, thing, or service.

     (f) Take more than the quantity he or she represents of a

commodity, thing, or service when, as buyer, he or she furnishes

the weight of the commodity, thing, or service or the measure of

the commodity, thing, or service by means of which the amount of

the commodity, thing, or service is determined.

     (g) Advertise, offer, expose for sale, or sell a commodity,

thing, or service in a condition or manner contrary to law.

     (h) Use in retail trade, except in the preparation of packages

put up in advance of sale and of medical prescriptions, weights and

measures that are not so positioned that their indications may be

accurately read and the weighing or measuring operation observed

from some position which may reasonably be occupied by a customer.

     (i) Violate a provision of this act or of the rule promulgated

under this act for which a specific penalty has not been

prescribed.

     (j) Sell, offer, or expose for sale to licensed wholesale

distributors and dealers gasoline or any middle distillate

petroleum product on any basis other than a U.S. gallon of 231

cubic inches or metric equivalent unless freely requested to do so

in writing by a licensed wholesale distributor, dealer, or end user

for an annual period of time or for the length of the contract.

This subdivision does not apply to the sale or offer for sale of

number 4, 5, or 6 petroleum fuels as described as having American

petroleum institute gravity at 60°F of 28 or less, a specific

gravity greater than .8871 and does not apply to the sale or

exchange of gasoline or any middle distillate petroleum product

among petroleum refiners.

     (k) Deliver or issue a weight quantity determination or a

measure quantity determination upon which a commercial transaction

is, or is intended to be, computed without the use of weights and

measures.

     (l) Fail to pay a fee or fine imposed under this act.

     (2) A person who, by himself or herself or by the person's

servant or agent, or as a servant or agent of another person, fails

to disclose to the department any knowledge of information relating

to, or observation of, any device or instrument added to or

modifying any weight or modifying any measure for the purpose of

selling, offering, or exposing for sale less than the quantity

represented of a commodity or calculated to falsify the weight or

measure, if the person is an owner or employee of an entity

involved in the installation, repair, sale, or inspection of

weights and measures, is guilty of a misdemeanor and may be fined

not more than $1,000.00, or imprisoned for not more than 90 days,

or both.

     (3) A person who, by himself or herself or by the person's

servant or agent, or as a servant or agent of another person,

performs any of the following acts is guilty of a felony and may be

fined not less than $1,000.00 or not more than $20,000.00, by a

fine of not more than twice the amount of any money gained for each

day on which a violation has been found, by imprisonment for not

more than 5 years, or by all of these penalties:

     (a) Adds to or modifies commercial weights and measures by the

addition of a device or instrument that would allow the sale, or

the offering or exposure for sale, of less than the quantity

represented of a commodity or the falsification of the weights and

measures.

     (b) Intentionally commits any of the acts listed in subsection

(1) or (2).

     (c) Violates a prohibited act as listed in this section within

24 months after 2 previous violations of this section that resulted

in convictions.

     (4) When a violation results in a conviction under this act,

the court may assess against the defendant or his or her agent the

costs of investigation and the money shall be paid to the agency

that incurred the expense.

     (5) In addition to any other applicable penalties prescribed

in this act, an owner of a motor fuel delivery facility that has

intentionally delivered less fuel to a retail customer than

indicated by the gas pump metering device is subject to the

following:

     (a) If the offense is a first offense, the owner is

responsible for a civil fine of $5,000.00.

     (b) If the offense is a second offense, the owner is

responsible for a civil fine of $10,000.00.

     (c) If the offense is a third offense or an offense subsequent

to the third offense, the owner is responsible for a civil fine of

$25,000.00.

     (6) The department may close any facility that is responsible

for a violation described in subsection (5) until the owner can

demonstrate to the department that the problem is corrected.

     (7) The department shall inspect motor fuel facilities with 3

or more violations under subsection (5) at least annually.

     (8) Any of the fines described in subsection (5) may be

embodied in a consent order under section 31a.

     (9) Any civil fines or recovery of any economic benefits

associated with a violation of this act and collected under this

section shall be paid to the general fund and credited to the

department for the enforcement of this act.

     (10) As used in this section, "intentional" means the presence

of additional piping, electronic switches, or any other device or

act that is designed to reduce the volume of motor fuel delivered

as compared to the stated volume on the gas pump metering device.

     Enacting section 1. It is the intention of the legislature

that the department establish periodic inspection and testing of

fuel delivery systems and that owners of fuel delivery systems

calibrate these systems periodically.