HB-4502, As Passed Senate, April 20, 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.
House Bill No. 4502 as amended April 19, 2006
(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, <<the department may assess the civil fines described in
this subsection.>> 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 <<violation is a first violation>>, the owner is
responsible for a civil fine of $5,000.00.
(b) If the <<violation is a second violation>>, the owner is
responsible for a civil fine of $10,000.00.
(c) If the <<violation is a third violation or a violation
subsequent to the third violation>>, 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.