HB3170 97TH GENERAL ASSEMBLY

LRB097 10817 CEL 51281 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3170

Introduced 2/24/2011, by Rep. Norine Hammond

SYNOPSIS AS INTRODUCED:

225 ILCS 470/10

from Ch. 147, par. 110

Amends the Weights and Measures Act. Provides that an inspector shall notify a quarry 24 hours before the day the inspector intends to perform an aggregate scale inspection of a quarry's scale or scales. Provides that if an aggregate scale at a quarry is 1% of the test weight or less outside the tolerance level, then the aggregate scale operator shall be allowed 7 days to have the scale calibrated before being required to cease operations of the scale. Provides procedures for recertification of a scale if it exceeds tolerance levels 3 or more times in a 24-month period. Effective immediately.

A BILL FOR

AN ACT concerning regulation.

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 10 as follows:

(225 ILCS 470/10) (from Ch. 147, par. 110)

Sec. 10. Inspection.

(a) Unless otherwise provided by law, the Director may inspect and test all weights and measures held, offered, or exposed for sale to ascertain if they are correct. The Director shall, within each period of 12 months or more frequently if necessary, inspect and test all law enforcement scales used to determine vehicle weights and all weights and measures commercially used (1) in determining the weight, measurement, or count of commodities or things sold or offered or exposed for sale on the basis of weight, measure, or count or (2) in computing the basic charge or payment for services rendered on the basis of weight, measure, or count to ascertain if they are correct. However, with respect to single-service devices (meaning those designed to be used commercially only once and then discarded) and devices uniformly mass-produced, as by means of a mold or die, and not susceptible to individual adjustment, such tests may be made on representative samples of these devices. The lots of which such samples are representative shall be held to be correct or incorrect upon the basis of the results of the inspections and tests on the samples.

(b) An inspector shall notify a quarry 24 hours before the day the inspector intends to perform an aggregate scale inspection of a quarry's scale or scales. If the aggregate scale at a quarry is 1% of the test weight or less outside the tolerance level, then the aggregate scale operator shall be allowed 7 days to have the scale calibrated before being required to cease operations of the scale. If an inspector finds a scale that exceeds tolerances and it is the quarries first or second offense, then the inspector shall use the normal tolerances when retesting. If the scale exceeds tolerances 3 or more times in a 24-month period, the inspector shall retest the scale and the scale will have to meet one-half the normal tolerances to be recertified.

(Source: P.A. 96-1333, eff. 7-27-10.)

Section 99. Effective date. This Act takes effect upon becoming law.