GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	5 

SENATE BILL 863
Second Edition Engrossed 6/19/91
Third Edition Engrossed 6/28/91
House Committee Substitute Favorable 6/30/92
Fifth Edition Engrossed 7/8/92

Short Title: Standards Lab Fees Established.  	(Public)
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Referred to:  
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May 6, 1991

A BILL TO BE ENTITLED
AN ACT TO ESTABLISH A FEE SCHEDULE FOR THE STANDARDS LABORATORY AND TO AUTHORIZE THE DEPARTMENT OF CORRECTION TO CHARGE A FEE FOR DRUG TESTING AS A CONDITION OF PROBATION OR PAROLE.
The General Assembly of North Carolina enacts:
Section 1.  Article 1 of Chapter 81A of the General Statutes is amended by adding the following new section:
"§ 81A-11.  Fee schedule.
(a)	The following fees apply to all weights that are tested and certified to meet tolerances less stringent than American National Standards Institute/American Society for Testing and Materials (ANSI/ASTM) Standard E617 Class 4.  If the weight error exceeds three-fourths of the applicable tolerance, adjustment shall be required without an additional fee.  Even if weights are rejected or condemned, fees shall be assessed for the test performed.
Customary	Fee/Unit	Metric	Fee/Unit
0 - 2 lb	$  2.00	0 - 1 kg	$  2.00
3 - 10 lb	$  3.00	2 - 5 kg	$  3.00
11 - 50 lb	$  5.00	6 - 30 kg	$  5.00
51 - 500 lb	$ 10.00	31 - 200 kg	$ 10.00
501 - 1000 lb	$ 15.00	201 - 450 kg	$ 15.00
1001 - 2500 lb	$ 20.00	451 - 1000 kg	$ 20.00
2501 - 5000 lb	$ 25.00	1001 - 2000 kg	$ 25.00
(b)	The following fees apply to all weights that are tested and certified to meet ANSI/ASTM Standard E617 Class 4 or NIST Class P tolerances.  If the weight error exceeds three-fourths of the applicable tolerance, adjustment shall be required without an additional fee.  Even if weights are rejected or condemned, fees shall be assessed for the test performed.
Customary	Fee/Unit	Metric	Fee/Unit
0 - 10 lb	$  6.00	0 - 5 kg	$  6.00
11 - 50 lb	$ 10.00	6 - 30 kg	$ 10.00
51 - 500 lb	$ 20.00	31 - 200 kg	$ 20.00
501 - 1000 lb	$ 30.00	201 - 450 kg	$ 30.00
1001 - 2500 lb	$ 40.00	451 - 1000 kg	$ 40.00
2501 - 5000 lb	$ 50.00	1001 - 2000 kg	$ 50.00
(c)	The following fees apply to all weights that are calibrated.  Calibration means determining actual mass and apparent mass values.  Tolerance testing fees shall be assessed on weights that can only be adjusted to a lower tolerance or are rejected for any reason.
Customary	Fee/Unit	Metric	Fee/Unit
0 - 20 lb	$  15.00	0 - 10 kg	$  15.00
21 - 50 lb	$  30.00	11 - 30 kg	$  30.00
51 - 1000 lb	$  50.00	31 - 450 kg	$  50.00
1001 - 2500 lb	$ 100.00	451 - 1000 kg	$ 100.00
2501 - 5000 lb	$ 150.00	1001 - 2000 kg	$ 150.00
(d)	The following fees apply to volumetric flasks, graduates, or test measures.
Customary	Fee/Test Point	Metric	Fee/Test Point
0 - 5 gal	$ 15.00	0 - 20 liters	$ 15.00
Over 5 gal	Add $0.20 per	Over 20 liters	Add $0.05 per
each additional	each additional
gallon	liter
(e)	The following fees apply to tape measures and rigid rules.
Set Up Fee	$20.00 per instrument
Calibration	$ 5.00 per calibration point
(f)	The following fees apply to liquid-in-glass and electronic thermometers.
Set Up Fee	$20.00 / instrument
Calibration	$10.00 / calibration point
Ice Point Test	$ 5.00
(g)	Any special tests or weight cleaning shall be billed at the rate of $35.00 per hour prorated to the nearest tenth of an hour, with a minimum charge of $17.50.
(h)	If travel is required in connection with the performance of any of these services, the Department shall be reimbursed at the rates provided in G.S. 138-6.
(i)	The Department may refuse to accept for testing any weight or measure the Department deems unsuited for its intended use."
Sec. 2.  G.S. 15A-1343(b1)(7) reads as rewritten:
"(7)	Submit at reasonable times to warrantless searches by a probation officer of his person and of his vehicle and premises while he is present, for purposes specified by the court and reasonably related to his probation supervision, but the probationer may not be required to submit to any other search that would otherwise be unlawful.  Whenever the warrantless search consists of testing for the presence of illegal drugs, the probationer may also be required to reimburse the Department of Correction for the actual cost of drug screening and drug testing."
Sec. 3.  G.S. 15A-1374(b)(11) reads as rewritten:
"(11)	Submit at reasonable times to searches of his person by a parole officer for purposes reasonably related to his parole supervision.  The Commission may not require as a condition of parole that the parolee submit to any other searches that would otherwise be unlawful.  Whenever the search consists of testing for the presence of illegal drugs, the parolee may also be required to reimburse the Department of Correction for the actual cost of drug testing and drug screening."
Sec. 4.  Sections 2 and 3 of this act become effective July 15, 1992.  The remainder of this act becomes effective October 1, 1992, and applies to fees assessed on or after that date.