BP BHEAD INT S

AN ACT Relating to weights and measures enforcement for scanners; amending RCW 19.94.165 and 19.94.175; adding new sections to chapter 19.94 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The purpose of this act is to add to the existing weights and measures program specific provisions for monitoring the accuracy of prices being charged by electronic scanners used in retail sales. The intent of the legislature in establishing this program is (1) to increase consumer protection and confidence that prices being charged with the use of electronic scanners have a high degree of accuracy, and (2) to establish a standard of fairness among retail merchants consistent with nationally recognized pricing procedures and accuracy requirements.

Sec. 2. RCW 19.94.165 and 1992 c 237 s 6 are each amended to read as follows:

(1) Unless otherwise provided by the department, all weighing or measuring instruments or devices used for commercial purposes within this state shall be inspected and tested for accuracy by the director or city sealer at least once every two years and, if found to be correct, the director or city sealer shall issue an official seal of approval for each such instrument or device.

(2) Beginning fiscal year 1993, the schedule of inspection and testing shall be staggered so as one-half of the weighing or measuring instruments or devices under the jurisdiction of the inspecting and testing authority are approved in odd fiscal years and the remaining one-half are inspected and tested in even fiscal years.

(3) The department may provide, as needed, uniform, official seals of approval to city sealers for the purposes expressed in this section.

(4) The department shall, under rules adopted by the department, establish, monitor, and enforce accuracy standards for electronic scanners used in retail sales except within jurisdictions that city sealers are appointed.

Sec. 3. RCW 19.94.175 and 1992 c 237 s 7 are each amended to read as follows:

(1) The department shall establish reasonable, biennial inspection and testing fees for each type or class of weighing or measuring instrument or device required to be inspected and tested under this chapter. These inspection and testing fees shall be equitably prorated within each such type or class and shall be limited to those amounts necessary for the department to cover, to the extent possible, the direct costs associated with the inspection and testing of each type or class of weighing or measuring instrument or device.

(2) For business sites located within the jurisdiction of the department, the department shall charge an annual registration fee for electronic scanners of seventy-five dollars for each retail business site that has at least one scanner. Each subsequent inspection at a business site because of failure to meet accuracy standards shall be charged a fee equivalent to the annual fee.

(3) Prior to the establishment and each amendment of the fees authorized under this chapter, a weights and measures fee task force shall be convened under the direction of the department. The task force shall be composed of a representative from the department who shall serve as chair and one representative from each of the following: City sealers, service agents, service stations, grocery stores, retailers, food processors/dealers, oil heat dealers, the agricultural community, and liquid propane dealers. The task force shall recommend the appropriate level of fees to be assessed by the department pursuant to subsection (1) of this section, based upon the level necessary to cover the direct costs of administering and enforcing the provisions of this chapter and to the extent possible be consistent with fees reasonably and customarily charged in the private sector for similar services.

((~~(3)~~)) (4) The fees authorized under this chapter may be billed only after the director or a city sealer has issued an official seal of approval for a weighing or measuring instrument or device or a weight or measure standard.

((~~(4)~~)) (5) All fees shall become due and payable thirty days after billing by the department or a city sealer. A late penalty of one and one-half percent per month may be assessed on the unpaid balance more than thirty days in arrears.

((~~(5)~~)) (6) Fees upon weighing or measuring instruments or devices within the jurisdiction of the city that are collected under this section by city sealers shall be deposited into the general fund, or other account, of the city as directed by the governing body of the city. On the thirtieth day of each month, city sealers shall, pursuant to procedures established and upon forms provided by the director, remit to the department for administrative costs ten percent of the total fees collected.

((~~(6)~~)) (7) With the exception of subsection ((~~(7)~~)) (8) of this section, no person shall be required to pay more than the established inspection and testing fee adopted under this section for any weighing or measuring instrument or device in any two-year period when the same has been found to be correct.

((~~(7)~~)) (8) Whenever a special request is made by the owner for the inspection and testing of a weighing or measuring instrument or device, the fee prescribed by the director for such a weighing or measuring instrument or device shall be paid by the owner.

NEW SECTION. Sec. 4. (1) Electronic scanner screens installed after January 1, 1996, and used in retail establishments must be visible to the consumer at the checkout line.

(2) The director shall verify advertised prices and price representations, as deemed necessary, to determine (a) the accuracy of prices and computations and the correct use of the equipment, and (b) if such system utilizes scanning or coding means in lieu of manual entry, the accuracy of prices printed or recalled from a data base.

(3) In carrying out the provisions of this section, the director shall (a) employ recognized procedures, such as those designated in national institute of standards and technology handbook 130, "price verification," (b) issue necessary rules regarding the accuracy of advertised prices and electronic scanner systems for retail price charging, for the enforcement of this section, and (c) conduct investigations to ensure compliance.

NEW SECTION. Sec. 5. A civil action may be brought by the director in superior court to recover a civil penalty of: (1) Not less than fifty dollars nor more than two hundred dollars for a first violation; (2) not less than one hundred dollars nor more than five hundred dollars for a second violation within two years from the date of the first violation; and (3) not less than five hundred dollars nor more than one thousand dollars for a third violation within two years from the date of the first violation.

NEW SECTION. Sec. 6. The department shall provide a complaint filing procedure for consumers regarding price or computation inaccuracy of electronic scanners. The department shall monitor more frequently a retail establishment that has had a complaint filed against it, until the department is satisfied that the condition upon which the complaint is based is adequately addressed and corrected.

NEW SECTION. Sec. 7. The department shall develop a written report on the implementation of chapter . . . , Laws of 1995 (this act) that provides information including but not limited to the number of inspections conducted, the results of the inspections, the number of warnings issued, and the number of enforcement actions taken. The report shall be submitted to the secretary of the senate and chief clerk of the house of representatives by December 15, 1995, and on December 15 of each even-numbered year.

NEW SECTION. Sec. 8. Sections 4 through 7 of this act are each added to chapter 19.94 RCW.