AGRICULTURE PENALTIES

House Bills 6018 and 6019

Sponsor:  Rep. Fran Amos

Committee:  Agriculture and Resource Management

Complete to 6-21-04

A SUMMARY OF HOUSE BILLS 6018 AND 6019 AS INTRODUCED 6-15-04

The bills would increase the penalties for violations of the Motor Fuels Quality Act and the Weights and Measures Act.

House Bill 6018 (Motor Fuels Quality Act)

Action

Current Penalty

Proposed Penalty

No notice of gas grade or additives

Up to $1,000 per day

$5,000 - $10,000 per day

Failure to meet purity and quality standards

Up to $10,000 per day

$5,000 - $10,000 per day

Hinder/assault MDA official

Up to 2 years imprisonment and/or up to $5,000

Up to 2 years imprisonment and/or $5,000-$10,000

Any violation (administrative penalty)

1st violation: $100-$500

2nd violation: $500-$1,000

3rd violation: $1,000-$2,000

1st violation: $200-$1,000

2nd violation: $1,000-$2,000

3rd violation: $$2,000-$4,000

(1) harms part of a stage 1 or 2 vapor-recovery system; (2) makes a false representation; (3) fails to disclose information relating the harm of a  stage 1 or 2 vapor-recovery system; (4) falsifies records; (5) removes a seal placed on a dispenser; and (6) violates the act or rules for which not penalty is specified. 

Up to 90 days imprisonment and/or  $1,000 and $2,000

Up to 90 days imprisonment and/or $5,000-$10,000

Commits a violation within 2 years after another violation, or impersonates the director or an inspector.

Up to 90 days imprisonment and/or $2,000-$10,000

Up to 90 days imprisonment and/or $5,000-$10,000

House Bill 6019 (Weights and Measures Act)

Action

Current Penalty

Proposed Penalty

Assault MDA official

Up to 2 years imprisonment and/or up to $5,000

Up to 2 years imprisonment and/or $2,000-$12,000

Obstruct MDA official

Up to 1 year imprisonment and/or up to $1,000

Up to 1 year imprisonment and/or $2,000-$12,000

Possesses incorrect weights of measures with the intent to deceive, unlawfully removes a seal from weights and measures, sells less than the quantity represented, etc

$1,000-$10,000

$2,000-$12,000

Failure to disclose knowledge of a device that modifies any weight or measure in order to falsify the weight or measure

Up to 90 days imprisonment and/or $1,000

Up to 90 days imprisonment and/or $2,000-$12,000

Falsifying weights and measures/repeat violations

Up to 5 years imprisonment, fine equal to amount of damage, and $1,000-$20,000

Up to 5 years imprisonment, fine equal to amount of damage, and $2,000-$22,000

MDA assessed civil fine for violations

Amount of economic benefit +

1st violation: $50-$1,000

2nd violation: $100-$5,000

3rd violation: $500-$10,000

Amount of economic benefit +

1st violation: $500-$2,000

2nd violation: $1,000-$7,500

3rd violation: $2,000-$10,000

FISCAL IMPACT:

House Bill 6018 The bill would double the fines for a violation of the Motor Fuels Quality Act.  Based on the number of violations in 2002, the increase in annual fine revenue could be as much as $34,000, or total annual revenue could be $68,000.  There would be no fiscal impact on local governmental units.

House Bill 6019 - The bill could generate an additional $38,000 in annual fine income.  There would be no fiscal impact on local governmental units. 

                                                                                                                                                              Legislative Analyst:                                                                                                                                                                          Mark Wolf

                                                                                                                                                                     Fiscal Analyst:                                                                                                                                                                     Kirk Lindquist

This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.