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    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) An inspection fee is imposed (1) on petroleum
products when received by the first licensed distributor, and (2) on petroleum products received
and held for sale or use by any person when the petroleum products have not previously been
received by a licensed distributor. The petroleum inspection fee is $1 for every 1,000 gallons
received. The commissioner of revenue shall collect the fee. The revenue from 81 cents of the fee
is appropriated to the commissioner of commerce for the cost of operations of the Division of
Weights and Measures, petroleum supply monitoring, and the oil burner retrofit program. The
remainder of the fee must be deposited in the general fund.
(b) 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.
(c) The commissioner of revenue may collect the inspection fee along with any taxes due
under chapter 296A.
    Subd. 4. Reviewing weights and measures fees. The department shall review its schedule
of inspection fees at the end of each six months.
    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.
    Subd. 7. Temporary petroleum inspection cost recovery. Until July 1, 2004, the cost of
inspecting petroleum measuring equipment must be considered one of the expenditures that may
be recovered under section 115C.08, subdivision 4, notwithstanding any other provision of this
section or section 115C.08.
History: 1993 c 369 s 72; 1996 c 305 art 3 s 29; 1998 c 299 s 30; 1999 c 250 art 3 s 25;
1Sp2001 c 5 art 13 s 4; 1Sp2003 c 19 art 1 s 8; 2004 c 189 s 2; 1Sp2005 c 1 art 4 s 63

Official Publication of the State of Minnesota
Revisor of Statutes