Public Act 93-0198

HB2890 Enrolled                      LRB093 08324 JAM 08542 b

    AN ACT concerning weights and measures.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Weights  and Measures Act is amended by
changing Section 40 as follows:

    (225 ILCS 470/40) (from Ch. 147, par. 140)
    Sec. 40.  Inspection  fee;  Weights  and  Measures  Fund.
Except  as otherwise provided in Section 43, the Director and
each sealer shall  collect  and  receive  from  the  user  of
weights  and  measures  a  commercial  weighing  or measuring
device  inspection  fee.   For  the  use  of  its   Metrology
Laboratory,  the  testings  of  weights and measures and such
other inspection and services performed, the Department shall
set a fee, the amount  of  which  shall  be  according  to  a
Schedule  of Weights and Measures Inspection Fees established
and published by the Director.  The  fees  so  collected  and
received  by the State shall be deposited into a special fund
to be known as the Weights and Measures Fund.    All  weights
and  measures  inspection  fees,  metrology fees, weights and
measures registrations, and weights  and  measures  penalties
collected by the Department under this Act shall be deposited
into  the  Weights  and  Measures  Fund.  The amount annually
collected shall be used  by  the  Department  for  activities
related to the enforcement of this Act and the Motor Fuel and
Petroleum  Standards  Act,  and  for the State's share of the
costs of the Field Automation Information Management project.
No person shall be required to pay  more  than  2  inspection
fees for any one weighing or measuring device in any one year
when found to be accurate.  When an inspection is made upon a
weighing  or  measuring  device  because  of a complaint by a
person other than the owner of  such  weighing  or  measuring
device,  and  the  device  is  found accurate as set forth in
Section 8 of this Act, no inspection fee shall be paid by the
complainant.  Any time a  weighing  or  measuring  device  is
found  to  be  inaccurate,  the user shall pay the inspection
fee.
    If any person fails or refuses to pay a fee authorized by
this Section, the Department may prohibit  that  person  from
using commercial weighing and measuring devices.
(Source: P.A. 91-704, eff. 7-1-00; 92-676, eff. 7-16-02.)