95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0364


 
Introduced 1/26/2007, by Rep. Jack McGuire
 
SYNOPSIS AS INTRODUCED:
 		














415 ILCS 5/55.8
  from Ch. 111 1/2, par. 1055.8







    Amends the Environmental Protection Act.  With respect to the additional 50-cent new or used tire fee collected from retail customers, eliminates a provision terminating the fee on January 1, 2008.  Makes revisory changes.  Effective July 1, 2007.
















LRB095 03769 CMK 23798 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB0364

LRB095 03769 CMK 23798 b






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    AN ACT concerning safety.

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


 
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    Section 5. The Environmental Protection Act is amended  by 
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changing Section 55.8 as follows:
 



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    (415 ILCS 5/55.8)  (from Ch. 111 1/2, par. 1055.8)



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    Sec. 55.8. Tire retailers. 

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    (a) Beginning July 1, 1992, Any person selling new or used 
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tires at
retail or offering new or used tires for retail sale 
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in this State shall:


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        (1) beginning on June 20, 2003 (the effective date of 
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    Public Act
93-32), collect from retail customers a fee of 
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    $2 per new or
and used
tire sold and delivered in this 
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    State, to be paid to the Department of
Revenue and 
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    deposited into the Used Tire Management Fund, less a 
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    collection
allowance of 10 cents per tire to be retained by 
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    the retail seller and a
collection allowance of 10 cents 
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    per tire to be retained by the Department of
Revenue and 
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    paid into the General Revenue Fund;


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        (1.5) beginning on July 1, 2003, collect from retail 
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    customers an
additional 50 cents per new or used tire sold 
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    and delivered in this State.
The money collected from this 
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    fee shall be deposited into the Emergency Public
Health 
 


 






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    Fund.  This fee shall no longer be collected beginning on 
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    January 1,
2008. ;



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        (2) accept for recycling used tires from customers, at 
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    the point of
transfer, in a quantity equal to the number of 
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    new tires purchased; and


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        (3) post in a conspicuous place a written notice at 
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    least 8.5 by 11
inches in size that includes the universal 
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    recycling symbol and the
following statements: "DO NOT put 
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    used tires in the trash.";
"Recycle your used tires."; and 
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    "State law requires us to accept used tires
for recycling, 
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    in exchange for new tires purchased.".

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    (b) A person who accepts used tires for recycling under 
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subsection (a)
shall not allow the tires to accumulate for 
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periods of more than 90 days.

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    (c) The requirements of subsection (a) of this Section do 
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not apply
to mail order sales nor shall the retail sale of a 
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motor vehicle be considered
to  be  the  sale of   tires at retail 
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or offering of tires for retail sale.
Instead of filing 
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returns, retailers of tires may remit the tire user fee of

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$1.00 per tire to their suppliers of tires if the supplier of 
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tires is a
registered retailer of tires and agrees or otherwise 
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arranges to collect
and remit the tire fee to the Department of 
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Revenue, notwithstanding the fact
that the sale of the tire is 
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a sale for resale and not a sale at retail.  A
tire supplier who 
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enters into such an arrangement with a tire retailer shall
be 
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liable for the tax on all tires sold to the tire retailer and 
 


 






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must (i)
provide the tire retailer with a receipt that 
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separately reflects the tire
tax collected from the retailer on 
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each transaction and (ii) accept used tires
for recycling from 
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the retailer's customers.  The tire supplier shall be
entitled 
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to the collection allowance of 10 cents per tire.

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    The retailer of the tires must maintain in its books and 
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records evidence
that the appropriate fee was paid to the tire 
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supplier and that the tire
supplier has agreed to remit the fee 
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to the Department of Revenue for each tire
sold by the 
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retailer.  Otherwise, the tire retailer shall be directly liable

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for the fee on all tires sold at retail.  Tire retailers paying 
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the fee to
their suppliers are not entitled to the collection 
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allowance of 10 cents per
tire.

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    (d) The requirements of subsection (a) of this Section 
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shall apply
exclusively to tires to be used for vehicles 
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defined in Section 1-217 of
the Illinois Vehicle Code, aircraft 
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tires, special mobile equipment, and
implements of husbandry.

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    (e) The requirements of paragraph (1) of subsection (a) do 
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not
apply to the sale of reprocessed tires. For purposes of 
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this Section,
"reprocessed tire" means a used tire that has 
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been recapped, retreaded,
or regrooved and that has not been 
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placed on a vehicle wheel rim.

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(Source: P.A. 93-32, eff. 6-20-03; 93-52, eff. 6-30-03; revised 
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10-13-03.)

 

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    Section 99. Effective date. This Act takes effect July 1, 
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2007.