1998 Minnesota Statutes

     239.101 Inspection fees. 

    Subdivision 1.    Fee setting and cost recovery.  The 
 department shall recover the amount appropriated to the weights 
 and measures program through revenue from two separate fee 
 systems under subdivisions 2 and 3, and according to the 
 fee-setting and cost-recovery requirements in subdivisions 4, 5, 
 and 6.  

    Subd. 2.    Weights and measures fees.  The director 
 shall charge a fee to the owner for inspecting and testing 
 weights and measures, providing metrology services and 
 consultation, and providing petroleum quality assurance tests at 
 the request of a licensed distributor.  Money collected by the 
 director must be paid into the state treasury and credited to 
 the state general fund.  

    Subd. 3.    Petroleum inspection fee.  A person who owns 
 petroleum products held in storage at a pipeline terminal, river 
 terminal, or refinery shall pay a petroleum inspection fee of 85 
 cents for every 1,000 gallons sold or withdrawn from the 
 terminal or refinery storage.  The commissioner of revenue shall 
 collect the fee.  The revenue from the fee must first be applied 
 to cover the amounts appropriated for petroleum product quality 
 inspection expenses, for the inspection and testing of petroleum 
 product measuring equipment, and for petroleum supply monitoring 
 under chapter 216C.  

    The commissioner of revenue shall credit a person for 
 inspection fees previously paid in error or for any material 
 exported or sold for export from the state upon filing of a 
 report as prescribed by the commissioner of revenue.  The 
 commissioner of revenue may collect the inspection fee along 
 with any taxes due under chapter 296A.  

    Subd. 4.    Setting weights and measures fees.  The 
 department shall review its schedule of inspection fees at the 
 end of each six months.  When a review indicates that the 
 schedule of inspection fees should be adjusted, the commissioner 
 shall fix the fees by rule, in accordance with section 16A.1285, 
 to ensure that the fees charged are sufficient to recover all 
 costs connected with the inspections. 

    Subd. 5.    Setting petroleum inspection fee.  When the 
 department estimates that inspection costs will exceed the 
 revenue from the fee, the commissioner shall notify the 
 commissioner of finance.  The commissioner of finance shall then 
 request a fee increase from the legislature.  

    Subd. 6.    Cost recovery requirements.  The cost of 
 inspection activities and services not specified in subdivisions 
 2 and 3, including related overhead costs, must be equitably 
 apportioned and recovered by the fees.  

    HIST: 1993 c 369 s 72; 1996 c 305 art 3 s 29; 1998 c 299 s 30