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| [ Senate Amendment 001 ] |
90_SB0675
415 ILCS 5/55.8 from Ch. 111 1/2, par. 1055.8
Amends the Environmental Protection Act in relation to
the disposal of used tires. Increases the tire user fee from
$1.00 to $1.01. Also makes a technical correction.
LRB9003270EGfg
LRB9003270EGfg
1 AN ACT in relation to the disposal of used tires.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Environmental Protection Act is amended
5 by changing Section 55.8 as follows:
6 (415 ILCS 5/55.8) (from Ch. 111 1/2, par. 1055.8)
7 Sec. 55.8. Tire retailers.
8 (a) Beginning July 1, 1992, any person selling tires at
9 retail or offering tires for retail sale in this State shall:
10 (1) collect from retail customers a fee of $1.01
11 one dollar per tire sold and delivered in this State to
12 be paid to the Department of Revenue and deposited into
13 the Used Tire Management Fund, less a collection
14 allowance of 10 cents per tire to be retained by the
15 retail seller and a collection allowance of 10 cents per
16 tire to be retained by the Department of Revenue and paid
17 into the General Revenue Fund;
18 (2) accept for recycling used tires from customers,
19 at the point of transfer, in a quantity equal to the
20 number of new tires purchased; and
21 (3) post in a conspicuous place a written notice at
22 least 8.5 by 11 inches in size that includes the
23 universal recycling symbol and the following statements:
24 "DO NOT put used tires in the trash."; "Recycle your used
25 tires."; and "State law requires us to accept used tires
26 for recycling, in exchange for new tires purchased.".
27 (b) A person who accepts used tires for recycling under
28 subsection (a) shall not allow the tires to accumulate for
29 periods of more than 90 days.
30 (c) The requirements of subsection (a) of this Section
31 do not apply to mail order sales nor shall the retail sale of
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1 a motor vehicle be considered to be the sale of tires at
2 retail or offering of tires for retail sale. Instead of
3 filing returns, retailers of tires may remit the tire user
4 fee of $1.01 $1.00 per tire to their suppliers of tires if
5 the supplier of tires is a registered retailer of tires and
6 agrees or otherwise arranges to collect and remit the tire
7 fee to the Department of Revenue, notwithstanding the fact
8 that the sale of the tire is a sale for resale and not a sale
9 at retail. A tire supplier who enters into such an
10 arrangement with a tire retailer shall be liable for the tax
11 on all tires sold to the tire retailer and must (i) provide
12 the tire retailer with a receipt that separately seperately
13 reflects the tire tax collected from the retailer on each
14 transaction and (ii) accept used tires for recycling from the
15 retailer's customers. The tire supplier shall be entitled to
16 the collection allowance of 10 cents per tire.
17 The retailer of the tires must maintain in its books and
18 records evidence that the appropriate fee was paid to the
19 tire supplier and that the tire supplier has agreed to remit
20 the fee to the Department of Revenue for each tire sold by
21 the retailer. Otherwise, the tire retailer shall be directly
22 liable for the fee on all tires sold at retail. Tire
23 retailers paying the fee to their suppliers are not entitled
24 to the collection allowance of 10 cents per tire.
25 (d) The requirements of subsection (a) of this Section
26 shall apply exclusively to tires to be used for vehicles
27 defined in Section 1-217 of the Illinois Vehicle Code,
28 aircraft tires, special mobile equipment, and implements of
29 husbandry.
30 (e) The requirements of paragraph (1) of subsection (a)
31 do not apply to the sale of reprocessed tires. For purposes
32 of this Section, "reprocessed tire" means a used tire that
33 has been recapped, retreaded, or regrooved and that has not
34 been placed on a vehicle wheel rim.
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1 (Source: P.A. 87-727; 87-1250.)