Full Text of SB2573 96th General Assembly
SB2573 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB2573
Introduced 1/13/2010, by Sen. Michael W. Frerichs SYNOPSIS AS INTRODUCED: |
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Amends the Weights and Measures Act. Authorizes the use of the specifications and tolerances in National Institute of Standards and Technology Handbook 105-8 as weights and measures standards. Authorizes the Director to accept calibration and verification reports from certain laboratories in lieu of the otherwise required submission of physical standards. Requires the sealers of a city having a population of 25,000 or more to attend an annual training workshop in order to exercise certain powers and duties ordinarily delegated to the Director of Agriculture. Changes the date upon which sealers must file an annual report with the Department of Agriculture. Authorizes the Department to collect interest on overdue fees. Increases monetary penalties for violations. Deletes cross references to several provisions that have been repealed. Makes other technical changes. Amends the Soil Conservation Domestic Allotment Act. Replaces a provision requiring the Department to formulate an annual State plan with a provision authorizing the Department to formulate that plan. Repeals a provision requiring the Department's annual report to cover the administration of those plans. Amends the Motor Fuel and Petroleum Standards Act. Creates an octane requirement for midgrade gasoline and increases the octane requirement for premium and super grade gasoline. Deletes provisions that establish labeling requirements for biodiesel blends. Increases monetary penalties for violations. Effective immediately.
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A BILL FOR
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SB2573 |
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LRB096 16631 JDS 31907 b |
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| AN ACT concerning State government.
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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 Weights and Measures Act is amended by | 5 |
| changing Sections 2, 6, 7, 8, 8.1, 10, 11, 12, 13, 14, 15, 16, | 6 |
| 19, 20, 21, 23, 26, 30, 40, 41, 52, 54, 55, 56, and 56.1 as | 7 |
| follows:
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| (225 ILCS 470/2) (from Ch. 147, par. 102)
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| Sec. 2. Definitions. As used in this Act:
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| "Person" means both singular and plural as the case | 11 |
| demands,
and includes individuals, partnerships, corporations, | 12 |
| companies, societies
and associations.
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| "Weights and measures" means all weights and measures of | 14 |
| every kind,
instruments and devices for weighing and measuring, | 15 |
| and any appliances and
accessories associated with any or all | 16 |
| such instruments and devices,
including all grain moisture | 17 |
| measuring devices, but does not include meters
for the | 18 |
| measurement of electricity, gas (natural or manufactured) or | 19 |
| water
operated in a public utility system. These electricity | 20 |
| meters,
gas
meters, and water
meters, and their appliances or | 21 |
| accessories, and slo
flo meters,
are specifically excluded from | 22 |
| the scope and applicability of this Act.
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| "Sell" and "sale" includes barter and exchange.
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| "Director" means the Director of Agriculture.
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| "Department" means the Department of Agriculture.
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| "Inspector" means an inspector of weights and measures of | 4 |
| this
State.
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| "Sealer" and "deputy sealer" mean, respectively, a sealer | 6 |
| of weights
and measures and a deputy sealer of weights and | 7 |
| measures of a city.
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| "Intrastate commerce" means any and all commerce or trade | 9 |
| that is
commenced, conducted and completed wholly within the | 10 |
| limits of this State,
and the phrase "introduced into | 11 |
| intrastate commerce" means the time and
place at which the | 12 |
| first sale and delivery being made either directly to
the | 13 |
| purchaser or to a carrier for shipment to the purchaser.
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| "Commodity in package form" means a commodity put up or | 15 |
| packaged in
any manner in advance of sale in units suitable for | 16 |
| either wholesale or
retail sale, excluding any auxiliary | 17 |
| shipping container enclosing packages
which individually | 18 |
| conform to the requirements of this Act. An individual
item or | 19 |
| lot of any commodity not in package form as defined in this | 20 |
| Section
but on which there is marked a selling price based on | 21 |
| an established price
per unit of weight or of measure shall be | 22 |
| deemed a commodity in package
form.
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| "Consumer package" and "package of consumer commodity" | 24 |
| mean any
commodity in package form that is customarily produced | 25 |
| or distributed for
sale through retail sales agencies or | 26 |
| instrumentalities for consumption by
individuals or use by |
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| individuals for the purposes of personal care or in
the | 2 |
| performance of services ordinarily rendered in or about the | 3 |
| household
or in connection with personal possessions, and which | 4 |
| usually is consumed
or expended in the course of such | 5 |
| consumption or use.
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| "Nonconsumer package" and "package of nonconsumer | 7 |
| commodity" mean
any commodity in package form other than a | 8 |
| consumer package, and
particularly a package designed solely | 9 |
| for industrial or institutional use
or for wholesale | 10 |
| distribution only.
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| "Certificate of Conformance" means a document issued by the
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| National Conference on Weights and Measures based on
testing in | 13 |
| participating laboratories
that indicates that the weights and | 14 |
| measures or weighing and
measuring
device conform with the | 15 |
| requirements of National Institute of
Standards and | 16 |
| Technology's
Handbooks 44, 105-1, 105-2, 105-3, or 105-4 , or | 17 |
| 105-8 and any subsequent
revisions or
supplements thereto.
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| "Prepackage inspection violation" means that the majority | 19 |
| of the
lots of prepackaged commodities inspected at a single | 20 |
| location are found to
have one or more packages below the | 21 |
| maximum allowable variation as
published in the National | 22 |
| Institute of Standards and
Technology Handbook 133 or the
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| majority of the lots inspected at a single location are found | 24 |
| to be below
the stated net weight declaration on an average.
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| (Source: P.A. 92-676, eff. 7-16-02.)
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| (225 ILCS 470/6) (from Ch. 147, par. 106)
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| Sec. 6.
The Director shall be, ex officio, the director of | 3 |
| weights
and measures for the State of Illinois. The Director | 4 |
| may designate or
appoint qualified persons to represent him in | 5 |
| carrying out his
responsibilities as set forth in this Act. | 6 |
| There shall be State
inspectors of weights and measures and | 7 |
| necessary technical and clerical
personnel, appointed by the | 8 |
| Director director in compliance with regulations of
the | 9 |
| Department of Central Management Services to hold
office during | 10 |
| good behavior, and to
constitute the weights and measures | 11 |
| staff.
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| (Source: P.A. 82-789.)
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| (225 ILCS 470/7) (from Ch. 147, par. 107)
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| Sec. 7.
The Director director shall maintain custody of the | 15 |
| State standards of
weight and measure and of other standards | 16 |
| and equipment provided for by
this Act and shall keep accurate | 17 |
| records thereof. The Director director shall
enforce the | 18 |
| provisions of this Act, shall maintain general supervision of
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| weights and measures offered for sale, sold or in use in this | 20 |
| State, and
shall submit an annual report to the Governor each | 21 |
| January, summarizing all
activities of his office.
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| (Source: Laws 1963, p. 3433.)
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| (225 ILCS 470/8) (from Ch. 147, par. 108)
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| Sec. 8. Regulations; issuance; contents. The Director |
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| shall from time to
time issue reasonable regulations
for | 2 |
| enforcement of this Act that shall have the force and effect of
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| law. In
determining these regulations, he shall appoint, | 4 |
| consult
with, and be advised by
committees representative of | 5 |
| industries to be affected by the
regulations.
These regulations | 6 |
| may include (1) standards of net weight, measure or
count, and | 7 |
| reasonable standards of fill, for any commodity in package | 8 |
| form,
(2) rules governing the technical and reporting | 9 |
| procedures to be followed
and the report and record forms and | 10 |
| marks of approval and rejection to be
used by inspectors of | 11 |
| weights and measures in the discharge of their
official duties, | 12 |
| and (3) exemptions from the sealing or marking
requirements of | 13 |
| Section 14 of this Act with respect to weights and
measures of | 14 |
| such character or size that such sealing or marking would be
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| inappropriate, impracticable, or damaging to the apparatus in | 16 |
| question.
These regulations shall include specifications, | 17 |
| tolerances, and regulations
for weights and measures, of the | 18 |
| character of those specified in Section 10
of this Act, | 19 |
| designed to eliminate from use (without prejudice to
apparatus | 20 |
| that conforms as closely as practicable to the official
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| standards) such weights and measures as are (1) inaccurate, (2) | 22 |
| of faulty
construction (that is, not reasonably permanent in | 23 |
| their adjustment or not
capable of correct repetition of their | 24 |
| indications), or (3) conducive to
the perpetration of fraud. | 25 |
| Specifications, tolerances, and regulations for
commercial | 26 |
| weighing and measuring devices recommended by the National
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| Institute of Standards and Technology and published in
National | 2 |
| Institute of Standards and Technology Handbook
44 and | 3 |
| supplements thereto or in any publication revising or | 4 |
| superseding
Handbook 44, shall be the specifications, | 5 |
| tolerances, and regulations for
commercial weighing and | 6 |
| measuring devices of this State, except insofar as
specifically | 7 |
| modified, amended, or rejected by a regulation issued by the
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| Director.
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| The National Institute of Standards and Technology
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| Handbook 133 and its supplements, or any publication revising | 11 |
| or superseding Handbook 133, shall be the
method for checking | 12 |
| the net contents of commodities in package form. The
National | 13 |
| Institute of Standards and Technology Handbooks
105-1, 105-2, | 14 |
| 105-3, 105-4, 105-8, and their supplements, or any publication | 15 |
| revising or superseding Handbooks
105-1, 105-2,
105-3, and | 16 |
| 105-4 , and 105-8 shall be specifications and tolerances for | 17 |
| reference
standards and
field standards weights and measures.
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| For purposes of this Act, apparatus shall be deemed | 19 |
| "correct"
when it conforms to all applicable requirements | 20 |
| promulgated as specified in
this Section. Apparatus that does | 21 |
| not conform to all applicable
requirements shall be deemed | 22 |
| "incorrect".
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| The Director is authorized to prescribe by regulation, | 24 |
| after
public hearings, container sizes for fluid dairy products | 25 |
| in addition
to those sizes provided in Section 47 and container | 26 |
| sizes for ice cream,
frozen desserts, and similar items.
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| The Uniform Packaging and Labeling Regulation and the | 2 |
| Uniform Regulation
for the Method of Sale of Commodities in the | 3 |
| National Institute
of
Standards
and Technology Handbook 130, | 4 |
| and any of its subsequent supplements or
revisions, shall be
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| the requirements and standards governing the packaging, | 6 |
| labeling, and
method
of sale of commodities for this State, | 7 |
| except insofar as specifically
modified, amended, or rejected | 8 |
| by regulation issued by the Director.
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| (Source: P.A. 88-600, eff. 9-1-94.)
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| (225 ILCS 470/8.1) (from Ch. 147, par. 108.1)
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| Sec. 8.1.
Registration of servicepersons, service agents, | 12 |
| and
special sealers. No person,
firm, or corporation shall | 13 |
| sell, install, service, recondition or repair a
weighing or | 14 |
| measuring device used in trade or commerce without first | 15 |
| obtaining
a certificate of registration. Applications by | 16 |
| individuals for a certificate
of registration shall be made to | 17 |
| the Department, shall be in writing on forms
prescribed by the | 18 |
| Department, and shall be accompanied by the required fee.
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| Each application shall provide such information that will | 20 |
| enable the
Department to pass on the qualifications of the | 21 |
| applicant for the
certificate of registration. The information | 22 |
| requests shall
include
present residence, location of the | 23 |
| business to be licensed under this Act,
whether the applicant | 24 |
| has had any previous registration under this Act or
any | 25 |
| federal, state, county, or local law, ordinance, or regulation
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| relating
to servicepersons and service Agencies, whether the | 2 |
| applicant has
ever had
a registration suspended or revoked, | 3 |
| whether the applicant has been
convicted of a felony, and such | 4 |
| other information as the Department deems
necessary to | 5 |
| determine if the applicant is qualified to receive a
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| certificate of registration.
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| Before any certificate of registration is issued, the | 8 |
| Department shall
require the registrant to meet the following | 9 |
| qualifications:
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| (1) Has possession of or available for use weights and
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| measures, standards,
and testing equipment appropriate in | 12 |
| design and adequate in amount to provide
the services for | 13 |
| which the person is requesting registration.
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| (2) Passes a qualifying examination for each type of | 15 |
| weighing
or measuring
device he intends to install, | 16 |
| service, recondition, or repair.
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| (3) Demonstrates a working knowledge of weighing and | 18 |
| measuring
devices
for which he intends to be registered.
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| (4) Has a working knowledge of all appropriate weights | 20 |
| and
measures laws
and their rules and regulations.
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| (5) Has available a current copy of National Institute | 22 |
| of Standards and
Technology Handbook 44.
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| (6) Pays the prescribed registration fee for the type | 24 |
| of
registration:
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| (A) The annual fee for a Serviceperson Certificate | 26 |
| of
Registration shall be
$25.
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| (B) The annual fee for a Special Sealer Certificate | 2 |
| of
Registration shall
be
$50.
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| (C) The annual fee for a Service Agency Certificate | 4 |
| of
Registration shall
be
$50.
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| "Registrant" means any individual, partnership, | 6 |
| corporation, agency, firm,
or company registered by the | 7 |
| Department who installs, services, repairs,
or reconditions, | 8 |
| for hire, award, commission, or any other payment of
any
kind, | 9 |
| any commercial weighing or measuring device.
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| "Commercial weighing and measuring device" means any | 11 |
| weight or measure
or weighing or measuring device commercially | 12 |
| used or employed (i) in
establishing
size, quantity, extent, | 13 |
| area, or measurement of quantities, things, produce,
or | 14 |
| articles for distribution or consumption which are purchased, | 15 |
| offered,
or submitted for sale, hire, or award, or (ii) in | 16 |
| computing any basic
charge
or payment for services rendered, | 17 |
| except as otherwise excluded by Section
2 of this Act, and | 18 |
| shall also include any accessory attached to or used
in | 19 |
| connection with a commercial weighing or measuring device when | 20 |
| the
accessory is so designed or installed that its operation | 21 |
| affects, or may
affect, the accuracy of the device.
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| "Serviceperson" means any individual who sells, installs, | 23 |
| services,
repairs, or
reconditions, for hire, award, | 24 |
| commission, or any other payment of
kind,
a commercial weighing | 25 |
| or measuring device.
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| "Service agency" means any individual, agency, firm, |
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| company, or corporation
that, for hire, award, commission, or | 2 |
| any other payment of
any kind, sells, installs,
services, | 3 |
| repairs, or reconditions a commercial weighing or measuring | 4 |
| device.
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| "Special sealer" means any serviceperson who is allowed to | 6 |
| service only one
service agency's liquid petroleum meters or | 7 |
| liquid petroleum measuring
devices.
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| Each registered service agency and serviceperson shall | 9 |
| have report forms,
known as "Placed in Service Reports". An | 10 |
| original and 2 copies of these These forms shall be
executed | 11 |
| and in
triplicate, shall include the assigned registration | 12 |
| number (in the case
where a registered serviceperson is | 13 |
| representing a registered service
agency both assigned | 14 |
| registration numbers shall be included), and shall be
signed by | 15 |
| a registered serviceperson or by a registered serviceperson
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| representing a registered service agency for each rejected or | 17 |
| repaired
device restored to service and for each newly | 18 |
| installed device placed in
service.
Whenever a registered | 19 |
| serviceperson or special sealer places into service a
weighing | 20 |
| or
measuring device, there shall be affixed to the device | 21 |
| indicator a decal
provided by the Department that indicates the | 22 |
| device accuracy.
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| Within 5 days after a device is restored to service or | 24 |
| placed in service,
the original of a properly executed "Placed | 25 |
| in Service Report", together
with any official rejection tag or | 26 |
| seal removed from the device, shall be
mailed to the |
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| Department. A The duplicate copy of the report shall be handed
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| to the owner or operator of the device and a the triplicate | 3 |
| copy of the report
shall be retained by the service agency or | 4 |
| serviceperson.
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| All field standards that are used for servicing and testing | 6 |
| weights and measures devices for which competence is registered | 7 |
| shall be submitted to the Director for initial and subsequent | 8 |
| verification and calibration at least once every 2 years or as | 9 |
| otherwise determined by the Director. When servicing | 10 |
| commercial weighing or measuring devices, a registered | 11 |
| serviceperson or registered service agency shall not use any | 12 |
| field standards or testing equipment that have not been | 13 |
| calibrated or verified by the Director. In lieu of submission | 14 |
| of physical standards, the Director may accept calibration | 15 |
| reports, verification reports, or both from any laboratory that | 16 |
| is formally accredited or recognized. The Director shall | 17 |
| maintain a list of organizations from which the Department will | 18 |
| accept calibration reports. The Department shall retain the | 19 |
| right to monitor periodically calibration results, to verify | 20 |
| field standard compliance to specifications and tolerance when | 21 |
| field standards are initially placed into service or at any | 22 |
| intermediate point between calibration, or both. | 23 |
| A registered service agency and a registered serviceperson | 24 |
| shall submit,
at least once every 2 years to the Department for | 25 |
| examination
and
certification, any standards and testing | 26 |
| equipment that are used, or are to
be used, in the performance |
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| of the service and testing functions with
respect to weighing | 2 |
| and measuring devices for which competence is
registered. A | 3 |
| registered serviceperson or agency shall not use in
servicing | 4 |
| commercial weighing and measuring devices any standards or
| 5 |
| testing equipment that have not been certified by the | 6 |
| Department.
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| When a serviceperson's or service agency's weights and | 8 |
| measures are carried
to a National Institute of Standards and | 9 |
| Technology approved
out-of-state weights and measures
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| laboratory for inspection and testing, the serviceperson
or | 11 |
| service agency
shall be responsible for providing the | 12 |
| Department a copy of the current
certification of all weights | 13 |
| and measures used in the repair, service, or
testing of | 14 |
| weighing or measuring devices within the State of Illinois.
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| All registered servicepersons placing into service
scales | 16 |
| in excess of
30,000 pounds shall have a minimum of 10,000 | 17 |
| pounds of State approved
certified test weights to accurately | 18 |
| test a scale.
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| Persons working as apprentices are not subject to | 20 |
| registration if they
work with and under the supervision of a | 21 |
| registered serviceperson.
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| The Director is authorized to promulgate, after public | 23 |
| hearing, rules
and regulations necessary to enforce the | 24 |
| provisions of this Section.
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| For good cause and after a hearing upon reasonable notice, | 26 |
| the Director
may deny any application for registration or any |
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| application for renewal
of registration, or may revoke or | 2 |
| suspend the registration of any registrant.
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| The Director may publish from time to time as he deems | 4 |
| appropriate, and
may supply upon request, lists of registered | 5 |
| servicepersons and registered
service agencies.
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| All final administrative decisions of the Director under | 7 |
| this Section shall
be subject to judicial review under the | 8 |
| Administrative
Review Law. The term "administrative
decision"
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| is defined as in Section 1 of the Administrative Review Law.
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| (Source: P.A. 93-32, eff. 7-1-03.)
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| (225 ILCS 470/10) (from Ch. 147, par. 110)
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| Sec. 10. Inspection. Unless otherwise provided by law, the | 13 |
| Director may
inspect and
test all weights and measures held, | 14 |
| offered, or exposed for sale to
ascertain if they are correct. | 15 |
| The Except as otherwise provided in Section
43, the Director | 16 |
| shall, within each period of 12 months or more
frequently if | 17 |
| necessary, inspect and test all law enforcement scales used to
| 18 |
| determine vehicle weights and
all weights and measures
| 19 |
| commercially used (1) in determining the weight, measurement, | 20 |
| or count of
commodities or things sold or offered or exposed | 21 |
| for sale on the basis of
weight, measure, or count or (2) in | 22 |
| computing the basic charge or
payment
for services rendered on | 23 |
| the basis of weight, measure, or count to
ascertain if they are | 24 |
| correct. However, with respect to single-service
devices | 25 |
| (meaning those designed to be used commercially only once and |
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| then
discarded) and devices uniformly mass-produced, as by | 2 |
| means of a mold or
die, and not susceptible to individual | 3 |
| adjustment, such tests may be
made
on representative samples of | 4 |
| these devices. The lots
of which such
samples are | 5 |
| representative shall be held to be correct or incorrect upon
| 6 |
| the basis of the results of the inspections and tests on the
| 7 |
| samples.
| 8 |
| (Source: P.A. 88-600, eff. 9-1-94.)
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| (225 ILCS 470/11) (from Ch. 147, par. 111)
| 10 |
| Sec. 11.
The Director director shall investigate | 11 |
| complaints received by him
concerning violations of the | 12 |
| provisions of this Act and shall conduct such
investigations as | 13 |
| he deems appropriate and advisable to develop information
on | 14 |
| prevailing procedures in commercial quantity determination and | 15 |
| on
possible violations of the provisions of this Act and to | 16 |
| promote the
general objective of accuracy in the determination | 17 |
| and representation of
quantity in commercial transactions.
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| (Source: Laws 1963, p. 3433.)
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| (225 ILCS 470/12) (from Ch. 147, par. 112)
| 20 |
| Sec. 12.
The Director director shall from time to time | 21 |
| weigh or measure and inspect
packages or amounts of commodities | 22 |
| held, offered or exposed for sale or
sold or in the process of | 23 |
| delivery, to determine whether they contain the
amounts | 24 |
| represented and are being held, offered or exposed for sale or |
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| were
sold in accordance with law. When such packages or amounts | 2 |
| of commodities
are thus determined not to contain the amounts | 3 |
| represented or are found to
be kept, offered or exposed for | 4 |
| sale in violation of law, the Director director may
restrain | 5 |
| such offer, exposure or sale by order and may so mark or | 6 |
| identify
them to indicate the illegality thereof. In carrying | 7 |
| out the provisions of
this Section, the Director director may | 8 |
| employ recognized sampling procedures under
which the | 9 |
| compliance of a given lot of packages will be determined on the
| 10 |
| basis of the result obtained on a sample selected from and | 11 |
| representative
of such lot. No person shall (1) sell, or keep, | 12 |
| offer or expose for sale in
intrastate commerce any package or | 13 |
| amount of commodity that has been
ordered off sale or marked or | 14 |
| identified as provided in this Section unless
and until such | 15 |
| package or amount of commodity fully complies with all legal
| 16 |
| requirements, or (2) dispose of any package or amount of | 17 |
| commodity that has
been ordered off sale or marked or | 18 |
| identified as provided in this Section
and that does not comply | 19 |
| with legal requirements in any manner except with
the specific | 20 |
| approval of the Director director.
| 21 |
| (Source: Laws 1963, p. 3433.)
| 22 |
| (225 ILCS 470/13) (from Ch. 147, par. 113)
| 23 |
| Sec. 13.
The Director director may issue stop-use orders, | 24 |
| stop-removal orders
and removal orders with respect to weights | 25 |
| and measures being or
susceptible of being commercially used, |
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| and may issue stop-removal
orders and removal orders with | 2 |
| respect to packages or amounts of
commodities kept, offered or | 3 |
| exposed for sale or sold or in process of
delivery, whenever in | 4 |
| the course of his enforcement of the provisions of
this Act he | 5 |
| deems it necessary or expedient to issue such orders. No
person | 6 |
| shall use, remove or fail to remove from the premises specified
| 7 |
| any weight, measure or package or amount of commodity contrary | 8 |
| to the
terms of a stop-use order, stop-removal order or removal | 9 |
| order issued
pursuant to this Section.
| 10 |
| (Source: Laws 1963, p. 3433.)
| 11 |
| (225 ILCS 470/14) (from Ch. 147, par. 114)
| 12 |
| Sec. 14.
Upon inspection and test, the Director director | 13 |
| shall approve for use and
may seal or mark with appropriate | 14 |
| devices such weights and measures as he
finds to be "correct" | 15 |
| and shall reject and mark or tag as "rejected" such
weights and | 16 |
| measures as he finds to be "incorrect" (but susceptible of
| 17 |
| satisfactory repair), as defined in Section 8 of this Act. Such | 18 |
| sealing
or marking is unnecessary with respect to such weights | 19 |
| and measures as may
be exempted therefrom by a regulation of | 20 |
| the Director director issued pursuant to
Section 8 of this Act. | 21 |
| The Director director shall condemn and may seize and may
| 22 |
| destroy weights and measures found to be "incorrect" which, in | 23 |
| his best
judgment, are not susceptible of satisfactory repair. | 24 |
| Weights and measures
that have been rejected may be confiscated | 25 |
| and destroyed by the Director director if
not corrected |
|
|
|
SB2573 |
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LRB096 16631 JDS 31907 b |
|
| 1 |
| pursuant to, or if used or disposed of contrary to, Section
22 | 2 |
| of this Act.
| 3 |
| (Source: Laws 1963, p. 3433.)
| 4 |
| (225 ILCS 470/15) (from Ch. 147, par. 115)
| 5 |
| Sec. 15.
To enforce this Act and other Acts dealing with | 6 |
| weights and
measures and enforceable by him, the Director | 7 |
| director is vested with special police
powers, and may without | 8 |
| formal warrant both arrest any violator of such
Acts and seize | 9 |
| for use as evidence incorrect or unsealed weights and
measures | 10 |
| or amounts or packages of commodity found to be used, retained,
| 11 |
| offered or exposed for sale or sold in violation of law. In | 12 |
| performance of
his official duties, the Director director may | 13 |
| enter and go into or upon any
structure or premises without | 14 |
| formal warrant and may stop any person and
require him to | 15 |
| proceed, with or without any vehicle of which he may be in
| 16 |
| control, to a place specified by the Director director .
| 17 |
| (Source: Laws 1963, p. 3433.)
| 18 |
| (225 ILCS 470/16) (from Ch. 147, par. 116)
| 19 |
| Sec. 16.
The powers and duties given to and imposed upon | 20 |
| the Director director by
Sections 9, 10, 11, 12, 13, 14, 15, 21 | 21 |
| and 56 of this Act
shall also be conferred upon the designated | 22 |
| or appointed qualified persons,
whenever they act under the
| 23 |
| instructions and at the direction of the Director director .
| 24 |
| (Source: P.A. 79-551 .)
|
|
|
|
SB2573 |
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LRB096 16631 JDS 31907 b |
|
| 1 |
| (225 ILCS 470/19) (from Ch. 147, par. 119)
| 2 |
| Sec. 19.
Subject to the annual training provisions of | 3 |
| Section 17, the The sealer of a city, and each of his deputy | 4 |
| sealers when acting
under his instructions and at his | 5 |
| direction, has the same powers and duties
within the city for | 6 |
| which appointed as are conferred upon the director by
Sections | 7 |
| 10, 11, 12, 13, 14, 15 and 56 of this Act. With respect to
| 8 |
| Section 10, in cities of less than 200,000 population, the | 9 |
| powers and
duties shall be strictly limited to weighing and | 10 |
| measuring devices used in
retail trade including, for example, | 11 |
| weighing scales of a nominal capacity
not greater than 400 | 12 |
| pounds, retail liquid-measuring devices, taximeters,
| 13 |
| odometers, fabric-measuring devices and cordage-measuring | 14 |
| devices.
| 15 |
| The city inspector of weights and measures shall keep a | 16 |
| complete record
of all his official acts and shall submit an | 17 |
| annual report to the council
of the city, and an annual report | 18 |
| ( by January 15 on July 1 ) under oath to the Director of
| 19 |
| Agriculture on blanks furnished by him, and any special reports | 20 |
| that the
Director of Agriculture may request. Failure of a city | 21 |
| sealer of weights and measures and each of his or her deputy | 22 |
| sealers to attend annual training workshops conducted by the | 23 |
| Department or to provide an annual report to the Director or | 24 |
| any other special report that the Director requests may | 25 |
| invalidate the authority of a city sealer to enforce any |
|
|
|
SB2573 |
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LRB096 16631 JDS 31907 b |
|
| 1 |
| provision of this Act or its regulations.
| 2 |
| (Source: Laws 1963, p. 3433.)
| 3 |
| (225 ILCS 470/20) (from Ch. 147, par. 120)
| 4 |
| Sec. 20.
The common or legislative council of each city for | 5 |
| which a sealer
has been appointed pursuant to Section 17 of | 6 |
| this Act shall (1) procure
at the expense of the city such | 7 |
| standards of weight and measure and such
additional equipment, | 8 |
| to be used for the enforcement of the provisions of
this Act in | 9 |
| such city, as may be prescribed by the Director director , (2) | 10 |
| provide a
suitable office for the sealer, and (3) make | 11 |
| provision for the necessary
clerical services, supplies and | 12 |
| transportation and for defraying contingent
expenses incident | 13 |
| to the official activities of the sealer in carrying out
the | 14 |
| provisions of this Act. When the standards of weight and | 15 |
| measure thus
required to be provided by a city have been | 16 |
| examined and approved by the
Director director , they shall be | 17 |
| the official standards for such city. The sealer
shall make or | 18 |
| cause to be made at least annual comparisons between his
field | 19 |
| standards and appropriate standards of a higher order belonging | 20 |
| to
his city or to the State, in order to maintain such field | 21 |
| standards in
accurate condition.
| 22 |
| (Source: Laws 1963, p. 3433.)
| 23 |
| (225 ILCS 470/21) (from Ch. 147, par. 121)
| 24 |
| Sec. 21.
In cities for which sealers of weights and |
|
|
|
SB2573 |
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LRB096 16631 JDS 31907 b |
|
| 1 |
| measures have been
appointed pursuant to this Act, the Director | 2 |
| director shall have concurrent
authority to enforce the | 3 |
| provisions of this Act. The legislative body of
each such city | 4 |
| may, by ordinance, prescribe the duties of the sealer and
enact | 5 |
| regulatory measures more restrictive than, but otherwise | 6 |
| consistent
with, the provisions of this Act.
| 7 |
| (Source: Laws 1963, p. 3433.)
| 8 |
| (225 ILCS 470/23) (from Ch. 147, par. 123)
| 9 |
| Sec. 23.
Commodities in liquid form shall be sold only by | 10 |
| liquid measure or
by weight, and, except as otherwise provided | 11 |
| in this Act, commodities not
in liquid form shall be sold only | 12 |
| by weight, by measure of length or area,
or by count. However, | 13 |
| liquid commodities may be sold by weight and
commodities not in | 14 |
| liquid form may be sold by count only if such methods
give | 15 |
| accurate information as to the quantity of commodity sold.
| 16 |
| The provisions of this Section do not apply (1) to | 17 |
| commodities sold for
immediate consumption upon the premises | 18 |
| where sold, (2) to vegetables sold
by the head or bunch, (3) to | 19 |
| commodities in containers standardized by a
law of this State | 20 |
| or by Federal law, (4) to commodities in package form
when | 21 |
| there exists a general consumer usage to express the quantity | 22 |
| in some
other manner, (5) to concrete aggregates, concrete | 23 |
| mixtures and loose solid
materials such as earth, soil, gravel, | 24 |
| crushed stone and the like, when
sold by cubic measure, or (6) | 25 |
| to unprocessed vegetable and animal
fertilizer sold by cubic |
|
|
|
SB2573 |
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LRB096 16631 JDS 31907 b |
|
| 1 |
| measure. The Director director may issue such reasonable
| 2 |
| regulations as are necessary to assure that amounts of | 3 |
| commodity sold are
determined in accordance with good | 4 |
| commercial practice and are so
determined and represented as to | 5 |
| be accurate and informative to all parties
at interest.
| 6 |
| (Source: Laws 1963, p. 3433.)
| 7 |
| (225 ILCS 470/26) (from Ch. 147, par. 126)
| 8 |
| Sec. 26.
No commodity in package form shall be so wrapped, | 9 |
| nor shall it be
in a container so made, formed or filled, as to | 10 |
| mislead the purchaser as to
the quantity of the contents of the | 11 |
| package, and the contents of a
container shall not fall below | 12 |
| such reasonable standard of fill as may have
been prescribed | 13 |
| for the commodity in question by the Director director.
| 14 |
| (Source: Laws 1963, p. 3433.)
| 15 |
| (225 ILCS 470/30) (from Ch. 147, par. 130)
| 16 |
| Sec. 30.
National Institute of Standards and Technology | 17 |
| requirements and
specifications. Each type of new weight and | 18 |
| measure or weighing and
measuring
device manufactured, | 19 |
| offered, or exposed for sale or sold or given away for
the use | 20 |
| in trade or commerce, or used in trade and commerce in this | 21 |
| State,
shall conform with the requirements and specifications | 22 |
| in the National
Institute of Standards and Technology Handbook | 23 |
| 44, 105-1, 105-2, 105-3, or
105-4 , or 105-8 and any
of their | 24 |
| revisions or supplements. A Certificate of
Conformance must be
|
|
|
|
SB2573 |
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LRB096 16631 JDS 31907 b |
|
| 1 |
| issued prior to the use of such new weight and measure or | 2 |
| weighing and
measuring device for commercial or law enforcement | 3 |
| purposes. Pending the
issuance of a Certificate of Conformance, | 4 |
| the Department may permit such
new weight and measure or | 5 |
| weighing and measuring device to be used,
provided
it
meets the | 6 |
| specifications and tolerances for that particular weight and
| 7 |
| measure or weighing and measuring device as set forth in the | 8 |
| National
Institute of Standards and Technology
Handbook 44, | 9 |
| 105-1, 105-2, 105-3, or 105-4 , or 105-8 .
| 10 |
| (Source: P.A. 92-676, eff. 7-16-02.)
| 11 |
| (225 ILCS 470/40) (from Ch. 147, par. 140)
| 12 |
| Sec. 40. Inspection fee; Weights and Measures Fund. The | 13 |
| Except as otherwise
provided in Section 43, the Director and | 14 |
| each sealer shall collect and receive
from the user of weights | 15 |
| and measures a commercial weighing or measuring device
| 16 |
| inspection fee. For the use of its Metrology Laboratory, the | 17 |
| testings of
weights and measures and such other inspection and | 18 |
| services performed, the
Department shall set a fee, the amount | 19 |
| of which shall be according to a
Schedule of Weights and | 20 |
| Measures Inspection Fees established and published by
the | 21 |
| Director. The fees so collected and received by the State shall | 22 |
| be
deposited into a special fund to be known as the Weights and | 23 |
| Measures Fund.
All weights and measures inspection fees, | 24 |
| metrology fees, weights and measures
registrations, and | 25 |
| weights and measures penalties collected by the Department
|
|
|
|
SB2573 |
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LRB096 16631 JDS 31907 b |
|
| 1 |
| under this Act shall be deposited into the Weights and Measures | 2 |
| Fund. The
amount annually collected shall be used by the | 3 |
| Department for activities
related to the enforcement of this | 4 |
| Act and the Motor Fuel and Petroleum
Standards Act, and for the | 5 |
| State's share of the costs of the Field Automation
Information | 6 |
| Management project. No person shall be required to pay more
| 7 |
| than 2 inspection fees for any one weighing or measuring device | 8 |
| in any one
year when found to be accurate. When an inspection | 9 |
| is made upon a weighing or
measuring device because of a | 10 |
| complaint by a person other than the owner of
such weighing or | 11 |
| measuring device, and the device is found accurate as set
forth | 12 |
| in Section 8 of this Act, no inspection fee shall be paid by | 13 |
| the
complainant. Any time a weighing or measuring device is | 14 |
| found to be
inaccurate, the user shall pay the inspection fee.
| 15 |
| If any person fails or refuses to pay a fee authorized by | 16 |
| this Section,
the Department may prohibit that person from | 17 |
| using commercial weighing and
measuring devices. In addition to | 18 |
| prohibiting the use of the device, the Department may also | 19 |
| recover interest at the rate of 1% per month from the time the | 20 |
| payment is owed to the Department until the time the Department | 21 |
| recovers the fee.
| 22 |
| (Source: P.A. 92-676, eff. 7-16-02; 93-198, eff. 1-1-04.)
| 23 |
| (225 ILCS 470/41) (from Ch. 147, par. 141)
| 24 |
| Sec. 41.
No person shall operate, upon the streets or | 25 |
| highways of this
State any vehicle tank used for commercial |
|
|
|
SB2573 |
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LRB096 16631 JDS 31907 b |
|
| 1 |
| purposes unless such tank either
is equipped with a meter or | 2 |
| other device for measuring deliveries from the
tank or has been | 3 |
| calibrated for capacity and sealed by the Director director . | 4 |
| When a
vehicle tank has been calibrated for capacity by the | 5 |
| Director director , he shall
issue to the owner or operator a | 6 |
| certificate of calibration in which is
shown the calibrated | 7 |
| capacity of each compartment. A copy of this
certificate shall | 8 |
| accompany the vehicle tank at all times or kept on file
| 9 |
| available for examination either at the plant out of which the | 10 |
| vehicle tank
is operated or at a regional or principal Illinois | 11 |
| office of the owner of
the vehicle tank. Each compartment of a | 12 |
| vehicle tank shall be marked with a
statement of its capacity | 13 |
| as defined by its indicator, located in a
conspicuous place in | 14 |
| letters and figures not less than one inch in height.
| 15 |
| Enforcement of this Section is reserved to the Director | 16 |
| director or to the sealer in
a city having a population of | 17 |
| 200,000 or greater according to the latest
official United | 18 |
| States census.
| 19 |
| (Source: Laws 1963, p. 3433.)
| 20 |
| (225 ILCS 470/52) (from Ch. 147, par. 152)
| 21 |
| Sec. 52.
The Director director may by regulation establish | 22 |
| a standard weight per
bushel for any agricultural commodity, | 23 |
| and any such weight per bushel shall
prevail when such | 24 |
| commodity is contracted for, bought or sold, if no
special | 25 |
| contract or written and signed agreement exists to the |
|
|
|
SB2573 |
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LRB096 16631 JDS 31907 b |
|
| 1 |
| contrary.
| 2 |
| (Source: Laws 1963, p. 3433.)
| 3 |
| (225 ILCS 470/54) (from Ch. 147, par. 154)
| 4 |
| Sec. 54.
A person who in any way hinders or obstructs the | 5 |
| Director director ,
his authorized representative,
any one of | 6 |
| the inspectors or a sealer, deputy sealer or special sealer, in | 7 |
| the
performance of his official duties is guilty of a Class B | 8 |
| misdemeanor.
| 9 |
| (Source: P.A. 79-551.)
| 10 |
| (225 ILCS 470/55) (from Ch. 147, par. 155)
| 11 |
| Sec. 55.
A person who in any way impersonates the Director | 12 |
| director ,
his authorized representative,
any one of the | 13 |
| inspectors or a sealer, deputy sealer or special sealer,
by the | 14 |
| use of his
seal or a counterfeit of his seal or in any other | 15 |
| manner, is guilty of a
Class A misdemeanor.
| 16 |
| (Source: P.A. 79-551.)
| 17 |
| (225 ILCS 470/56) (from Ch. 147, par. 156)
| 18 |
| Sec. 56.
| 19 |
| (1) A person who, by himself or herself or by his or her | 20 |
| employee
or agent or as the employee or agent of another | 21 |
| person, performs any of the
acts enumerated in subparagraphs | 22 |
| (A) through (J) of this Section is guilty
of a business offense | 23 |
| and shall be fined not less than $1,000 $500 for the first
|
|
|
|
SB2573 |
- 26 - |
LRB096 16631 JDS 31907 b |
|
| 1 |
| offense; not less than $1,500 on a second offense; and not less | 2 |
| than $2,500
for a third offense.
| 3 |
| (A) Use or possess for the purpose of using for any | 4 |
| commercial purpose
specified in Section 10 of this Act, | 5 |
| sell, offer, or expose for sale or
hire, or possess for the | 6 |
| purpose of selling or hiring, an incorrect weight
or | 7 |
| measure or any device or instrument used to or calculated | 8 |
| to falsify any
weight or measure.
| 9 |
| (B) Use or possess for the purpose of current use for | 10 |
| any commercial
purpose specified in Section 10 of this Act, | 11 |
| a weight or measure without a
seal or mark as required by | 12 |
| Section 14 or Section 43 , unless such
weight or measure has | 13 |
| been exempted from testing by the provisions of
Section 10, | 14 |
| or by a regulation of the Director director issued under | 15 |
| the authority
of Section 8, of this Act.
| 16 |
| (C) Dispose of any rejected or condemned weight or | 17 |
| measure in a manner
contrary to law or regulation.
| 18 |
| (D) Remove from any weight or measure, contrary to law | 19 |
| or regulation,
any tag, seal or mark placed thereon by the | 20 |
| appropriate authority.
| 21 |
| (E) Sell or offer or expose for sale less than the | 22 |
| quantity he or she
represents of any commodity, thing or | 23 |
| service.
| 24 |
| (F) Take more than the quantity he represents of any | 25 |
| commodity, thing or
service, when, as buyer, he or she | 26 |
| furnishes the weight or measure by means of
which the |
|
|
|
SB2573 |
- 27 - |
LRB096 16631 JDS 31907 b |
|
| 1 |
| amount of the commodity, thing or service is determined.
| 2 |
| (G) Retain for the purpose of sale, advertise, or offer | 3 |
| or expose for
sale, or sell, any commodity, thing or | 4 |
| service in a condition or manner
contrary to law or | 5 |
| regulation.
| 6 |
| (H) Use in retail trade, except in preparation of | 7 |
| packages put up in
advance of sale and of medical | 8 |
| prescriptions, a weight or measure that is
not so | 9 |
| positioned that its indications may be accurately read and | 10 |
| the
weighing or measuring operation observed from a | 11 |
| position which may
reasonably be assumed by a customer.
| 12 |
| (I) By himself or herself or by the person's agent, or
| 13 |
| as servant or agent of another person, fail to disclose to | 14 |
| the Department
of Agriculture any knowledge of information | 15 |
| relating to, or observation of,
any device or instrument | 16 |
| added to or modifying any weight or measure for the
purpose | 17 |
| of selling, or offering or exposing for sale, less than the
| 18 |
| quantity represented of a commodity or calculated to | 19 |
| falsify the weight or
measure, if the person is an owner or | 20 |
| employee of an entity involved in the
installation, repair, | 21 |
| sale, or inspection of weighing or measuring devices.
| 22 |
| (J) Violate a provision of this Act or of the | 23 |
| regulations promulgated
pursuant to this Act for which a | 24 |
| specific penalty has not been prescribed.
| 25 |
| (2) A person who, by himself or herself or by the person's | 26 |
| servant or
agent, or as a servant or agent of another person, |
|
|
|
SB2573 |
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LRB096 16631 JDS 31907 b |
|
| 1 |
| performs any of the
following acts is guilty of a Class 3 | 2 |
| felony and subject to a fine of not less than
$1,000.00 or not | 3 |
| more than $10,000.00 or the
total amount of any money gained | 4 |
| for each day on which a violation has been
found, whichever is | 5 |
| greater, or by imprisonment, or both:
| 6 |
| (A) Adds to or modifies a commercial weight or measure | 7 |
| by the addition
of a device or instrument that would allow | 8 |
| the sale, or the offering or
exposure for sale, of less | 9 |
| than the quantity represented of a commodity or
| 10 |
| falsification of the weight or measure.
| 11 |
| (B) Commits as a fourth or subsequent offense any of | 12 |
| the acts listed in
subsection (1) of this Section, violates | 13 |
| a written notice from the
Department, or removes a | 14 |
| Department seal.
| 15 |
| (Source: P.A. 85-436.)
| 16 |
| (225 ILCS 470/56.1) (from Ch. 147, par. 156.1)
| 17 |
| Sec. 56.1. Administrative penalties; judicial review. When | 18 |
| an
administrative hearing is held, the hearing officer,
upon | 19 |
| determination of any violation of any
Section of this Act shall | 20 |
| 56(1), shall refer the violation to the States Attorney's | 21 |
| office
in the county which the business is conducted for | 22 |
| prosecution or levy the
following administrative monetary | 23 |
| penalties:
| 24 |
| (A) A penalty of $500 $100 for a first violation.
| 25 |
| (B) A penalty of $1,500 $750 for a second violation at |
|
|
|
SB2573 |
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LRB096 16631 JDS 31907 b |
|
| 1 |
| the same location
within 2 years of the first violation.
| 2 |
| (C) A penalty of $2,500 $1,500 for a third or | 3 |
| subsequent violation at the
same location within 2 years of | 4 |
| the second violation.
| 5 |
| The penalty so levied shall be collected by the Department. | 6 |
| Any penalty
not paid within 60 days of notice from the | 7 |
| Department shall be submitted to
the Attorney General's office | 8 |
| for collection.
| 9 |
| All final administrative decisions of the Department are | 10 |
| subject to
judicial review under the Administrative Review Law. | 11 |
| The term "administrative
decision" is defined as in Section | 12 |
| 4-101 of the Code of Civil Procedure.
| 13 |
| (Source: P.A. 88-600, eff. 9-1-94.)
| 14 |
| Section 10. The Soil Conservation Domestic Allotment Act is | 15 |
| amended by changing Sections 3 and 7 as follows:
| 16 |
| (505 ILCS 125/3) (from Ch. 5, par. 138c)
| 17 |
| Sec. 3.
The Department is hereby authorized and , empowered | 18 |
| and may, at its discretion, directed to
formulate and submit to | 19 |
| the Secretary of Agriculture, in conformity with
the provisions | 20 |
| of said Soil Conservation and Domestic Allotment Act, a
State | 21 |
| plan for each year, beginning with the year 1953. It shall be | 22 |
| the
purpose of each such plan and each such plan shall be | 23 |
| designed to promote
such utilization of land and such farming | 24 |
| practices as the Department finds
will tend, in conjunction |
|
|
|
SB2573 |
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LRB096 16631 JDS 31907 b |
|
| 1 |
| with the operation of such other plans as may be
approved for | 2 |
| other states by the Secretary of Agriculture, to preserve and
| 3 |
| improve soil fertility; to promote the economic use and | 4 |
| conservation of
land; to diminish exploitation and wasteful and | 5 |
| unscientific use of natural
soil resources; to protect rivers | 6 |
| and waterways against the results of soil
erosion and aid in | 7 |
| flood control; and to re-establish and maintain the
ratio | 8 |
| between the purchasing power of the net income per person on | 9 |
| farms
and that of the income per person not on farms, as | 10 |
| defined in subsection
(a) of Section 7 of the Soil Conservation | 11 |
| and Domestic Allotment Act.
Each such plan may shall provide | 12 |
| for adjustments and utilization of land, and
in farming | 13 |
| practices through agreements with producers or through other
| 14 |
| voluntary methods, and for benefit payments in connection | 15 |
| therewith, and
for such methods of administration not in | 16 |
| conflict with any law of the
State, and for such reports as the | 17 |
| Secretary of Agriculture finds necessary
for the effective | 18 |
| administration of the plan, and for ascertaining whether
the | 19 |
| plan is being carried out according to its terms.
| 20 |
| (Source: Laws 1951, p. 1680.)
| 21 |
| (505 ILCS 125/7) (from Ch. 5, par. 138g)
| 22 |
| Sec. 7.
The Department shall have no authority to incur any
| 23 |
| obligation or liability against the State of Illinois under | 24 |
| this Act for
the expenditure of funds other than the | 25 |
| expenditure of funds payable
from the Soil Conservation Fund, |
|
|
|
SB2573 |
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LRB096 16631 JDS 31907 b |
|
| 1 |
| pursuant to appropriations made
therefore therefor .
| 2 |
| (Source: Laws 1951, p. 1680.)
| 3 |
| (505 ILCS 125/6 rep.)
| 4 |
| Section 15. The Soil Conservation Domestic Allotment Act is | 5 |
| amended by repealing Section 6. | 6 |
| Section 20. The Motor Fuel and Petroleum Standards Act is | 7 |
| amended by changing Sections 3, 4, 4.1, 7, and 7.1 as follows:
| 8 |
| (815 ILCS 370/3) (from Ch. 5, par. 1703)
| 9 |
| Sec. 3. As used in this Act, unless the context otherwise | 10 |
| requires:
| 11 |
| (1) "ASTM" means ASTM International the American Society | 12 |
| for Testing and Materials , an international,
nonprofit, | 13 |
| technical, scientific and educational society devoted to the
| 14 |
| promotion of knowledge of the materials of engineering, and the | 15 |
| standardization
of specifications and methods of testing.
| 16 |
| (2) "Motor Fuel" shall have the meaning ascribed to that | 17 |
| term in Section
1.1 of the "Motor Fuel Tax Law", as now or | 18 |
| hereafter amended.
| 19 |
| (3) "Petroleum" means all illuminating oils, heating oils, | 20 |
| LP gas,
kerosene, gasoline, diesel and all volatile and | 21 |
| inflammable liquids
produced, blended or compounded for the | 22 |
| purpose of, or which are suitable
or practicable for, operating | 23 |
| motor vehicles.
|
|
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| (4) "Department" means the Illinois Department of | 2 |
| Agriculture.
| 3 |
| (5) "Person" means an individual, a corporation, company, | 4 |
| society,
association, partnership or governmental entity.
| 5 |
| (6) "Distributor" shall have the meaning ascribed to that | 6 |
| term in Section
1.2 of the "Motor Fuel Tax Law", as now or | 7 |
| hereafter amended, and any
person who either produces, refines, | 8 |
| blends, transports, compounds or
manufactures petroleum in | 9 |
| this State for the purposes of resale.
| 10 |
| (7) "Director" means the Director of the Illinois | 11 |
| Department of
Agriculture or authorized designee.
| 12 |
| (8) "Retailer" shall have the meaning ascribed to that term | 13 |
| in Section
2 of the "Use Tax Act", as now or hereafter amended | 14 |
| and any person
engaged in the business of selling petroleum | 15 |
| directly to the ultimate consumer.
| 16 |
| (9) "Co-solvent" means an alcohol that is miscible with | 17 |
| methanol and
has a molecular weight equal to or greater than | 18 |
| that of butanol.
| 19 |
| (Source: P.A. 86-232.)
| 20 |
| (815 ILCS 370/4) (from Ch. 5, par. 1704)
| 21 |
| Sec. 4. ASTM standards.
| 22 |
| (a) All motor fuel and petroleum sold or offered for sale | 23 |
| in the State of
Illinois shall conform to the standards of this | 24 |
| Act. The standards set
forth in the Annual Book of ASTM | 25 |
| Standards (ASTM) American Society for Testing and
Materials |
|
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| Section 5, Volumes 05.01, 05.02, 05.03, 05.04 and 05.05 and
| 2 |
| supplements thereto, and revisions thereof are adopted unless | 3 |
| modified or
rejected by a regulation adopted by the Department. | 4 |
| In addition, any
advertised or labeled declarations regarding | 5 |
| the quality of a motor fuel
which are more stringent than ASTM | 6 |
| standards shall be met.
| 7 |
| (a-5) The quality of gasoline-oxygenate blends sold or | 8 |
| offered for sale in this State shall meet the standards set | 9 |
| forth in Section 2.1.3 2.1.1.1 or Section 2.1.1.2 of the | 10 |
| Uniform Engine Fuels , Petroleum Products, and Automotive | 11 |
| Lubricants Regulation as provided under the National Institute | 12 |
| of Standards and Technology Handbook 130, and any of its | 13 |
| subsequent supplements or revisions, except as specifically | 14 |
| modified, amended, or rejected by regulation issued by the | 15 |
| Director.
| 16 |
| (b) Minimum Automotive Gasoline Octane Requirements.
| 17 |
| All leaded and unleaded gasoline sold in this State shall | 18 |
| meet or exceed
the following minimum octane numbers:
| 19 |
| Regular Grade 87
| 20 |
| Midgrade or Plus 89 | 21 |
| Premium or Super Grade 91 90
| 22 |
| An octane number is determined by adding the research | 23 |
| octane number to the
motor octane number and dividing by 2. | 24 |
| (RON + MON)/2. In addition, the motor
octane number shall not | 25 |
| be less than 82.0. All gasoline products sold at
retail shall | 26 |
| have an octane number displayed.
|
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| (c) Each seller of a motor fuel shall notify the purchaser | 2 |
| of the type and
quantity of motor fuel purchased. For gasoline, | 3 |
| the type shall indicate the
octane number. This information | 4 |
| shall appear on the bill of lading, manifest,
or delivery | 5 |
| ticket for the fuel. This subsection does not apply to sales at
| 6 |
| retail.
| 7 |
| (d) All gasoline products shall meet the most recently
| 8 |
| adopted ASTM standards for spark-ignition motor fuel, and those | 9 |
| standards
adopted under the provisions of the federal Clean Air | 10 |
| Act by the U. S.
Environmental Protection Agency shall be the | 11 |
| standards of this State in those
areas in which the federal | 12 |
| Clean Air Act fuel standards apply.
| 13 |
| (e) All biodiesel with a numerical value of B100 that is | 14 |
| sold or offered for sale in the State of Illinois shall conform | 15 |
| to the ASTM D6751 Standard Specification for Biodiesel Fuel | 16 |
| Blend Stock (B100) for Middle Distillate Fuels. For the | 17 |
| purposes of this subsection (e) "Biodiesel" shall have the same | 18 |
| meaning ascribed to it as in the Illinois Renewable Fuels | 19 |
| Development Program Act. | 20 |
| (Source: P.A. 96-528, eff. 1-1-10.)
| 21 |
| (815 ILCS 370/4.1) (from Ch. 5, par. 1704.1)
| 22 |
| Sec. 4.1. (a) Upon any retail motor fuel dispensing device | 23 |
| which is
used to dispense a motor fuel containing at least 1% | 24 |
| by volume of ethanol,
of methanol,
or of a combination thereof, | 25 |
| there shall be displayed a label
which identifies the maximum |
|
|
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| percentage by volume, to the nearest whole
percent, of ethanol, | 2 |
| of methanol, and of
co-solvent contained in the motor fuel. | 3 |
| Such labelling shall be done in
contrasting colors with block | 4 |
| letters at least 1/2 inch in height and 1/4 inch
in width, and | 5 |
| not more than one inch in height and 1/2 inch in width, and | 6 |
| shall
be visible to customers. The label shall be located on | 7 |
| the front or sides of
the dispenser and within the top 30 | 8 |
| percent of the height of the dispenser. On
a dual-faced | 9 |
| dispenser, the label shall be affixed on each front or each | 10 |
| side
in accordance with these requirements.
Devices used to | 11 |
| dispense only motor fuels which contain
a total of less than 1% | 12 |
| by volume of methanol and ethanol
need not be so labelled.
| 13 |
| (a-5) (Blank).
| 14 |
| (a-10) (Blank). Upon any retail motor fuel dispensing | 15 |
| device that is used to dispense a motor fuel containing | 16 |
| biodiesel or biodiesel blends, the biodiesel and biodiesel | 17 |
| blends shall be identified by the capital letter "B" followed | 18 |
| by the numerical value representing the volume percentage of | 19 |
| biodiesel fuel, such as B10, B20, or B100, as follows: | 20 |
| (1) Upon any retail motor fuel dispensing device that | 21 |
| is used to dispense a motor fuel containing between 5% and | 22 |
| up to and including 20% of biodiesel, there shall be | 23 |
| displayed on each retail dispenser:
| 24 |
| (a) the capital letter "B" followed by the | 25 |
| numerical value representing the maximum volume | 26 |
| percentage of biodiesel fuel and ending with |
|
|
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| "biodiesel blend", such as B10 biodiesel fuel blend or | 2 |
| B20 biodiesel fuel blend; or
| 3 |
| (b) the phrase "biodiesel blend between 5% and 20%" | 4 |
| or similar words.
| 5 |
| (2) Upon any retail motor fuel dispensing device that | 6 |
| is used to dispense a motor fuel containing more than 20% | 7 |
| of biodiesel, there shall be displayed on each retail | 8 |
| dispenser the capital letter "B" followed by the numerical | 9 |
| value representing the volume percentage of biodiesel fuel | 10 |
| and ending with either "biodiesel" or "biodiesel blend", | 11 |
| such as B100 biodiesel or B60 biodiesel blend.
| 12 |
| (3) The label shall be done in contrasting colors with | 13 |
| block letters at least 1/2 inch in height and 1/4 inch in | 14 |
| width, and not more than one inch in height and 1/2 inch in | 15 |
| width, and shall be visible to customers. The label shall | 16 |
| be located on the front or sides of the dispenser and | 17 |
| within the top 30% of the height of the dispenser. On a | 18 |
| dual-faced dispenser, the label shall be affixed on each | 19 |
| front or each side in accordance with these requirements. | 20 |
| Devices used to dispense only motor fuels that contain a | 21 |
| total of 5% or less by volume of biodiesel need not be | 22 |
| labeled.
| 23 |
| (b) Each seller of a motor fuel which contains methanol,
| 24 |
| ethanol, or biodiesel
shall notify the purchaser thereof of the | 25 |
| percentage by volume of ethanol,
of methanol, of biodiesel, and | 26 |
| of co-solvent which have
been added to such motor fuel,
and |
|
|
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| 1 |
| this information shall appear on the bill of lading, manifest | 2 |
| or
delivery ticket for such motor fuel. However, this | 3 |
| subsection (b)
shall not apply to sales at retail.
| 4 |
| (c) No motor fuel, whether or not it contains any lead or | 5 |
| lead
compounds, may contain more ethanol
or methanol than is | 6 |
| permitted, or contain less co-solvent than is
required, by the | 7 |
| United States Environmental Protection Agency for
unleaded | 8 |
| motor fuels under Section 211(f) of the federal Clean Air Act.
| 9 |
| (d) All motor fuel sold or offered for sale by the | 10 |
| distributor shall
contain the percentage and type of alcohol as | 11 |
| stated on the bill of lading,
manifest or delivery ticket.
| 12 |
| (e) (Blank).
| 13 |
| (f) Nothing in this Section shall be construed to require | 14 |
| or impose an
obligation upon the owner or operator of a retail | 15 |
| motor fuel dispensing
station,
facility, or device to perform a | 16 |
| test on or measurement of a shipment of motor
fuel received to | 17 |
| determine the specific content of ethanol, methanol, or | 18 |
| biodiesel.
| 19 |
| (Source: P.A. 95-381, eff. 7-1-08 .)
| 20 |
| (815 ILCS 370/7) (from Ch. 5, par. 1707)
| 21 |
| Sec. 7. Administrative hearing and penalties. When an | 22 |
| administrative
hearing is held, the hearing officer, upon | 23 |
| determination of a violation of
this Act or rules, other than | 24 |
| violation of subsection (b) of Section 7.1, shall:
| 25 |
| (a) Levy the following administrative monetary penalties:
|
|
|
|
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| (1) $500 $100 for a first violation;
| 2 |
| (2) $1,500 $750 for a second violation within 2 years | 3 |
| of the first violation; and
| 4 |
| (3) $2,500 $1500 for a third or subsequent violation | 5 |
| within 2 years of the second
violation; or
| 6 |
| (b) (Blank). refer the violations to the States Attorney's | 7 |
| Office in the county
where the violation occurred for | 8 |
| prosecution.
| 9 |
| Any penalty levied shall be collected by the Department and | 10 |
| paid into the
Motor Fuel and Petroleum Standards Fund. Monetary | 11 |
| penalties not paid
within 60 days of notice from the Department | 12 |
| shall be submitted to the
Attorney General's Office for | 13 |
| collection.
| 14 |
| All decisions and actions of the Department are subject to | 15 |
| the Illinois
Administrative Procedure Act and the Department's | 16 |
| Administrative Rules
which pertain to administrative hearings, | 17 |
| petitions, proceedings, contested
cases, declaratory rulings | 18 |
| and availability of Department files for public
access.
| 19 |
| All final administrative decisions of the Department shall | 20 |
| be subject to
judicial review pursuant to the provisions of the | 21 |
| Administrative Review
Law, and all amendments and | 22 |
| modifications thereof, and the rules adopted
pursuant thereto. | 23 |
| The term "administrative decision" is defined in
Section 3-101 | 24 |
| of the Code of Civil Procedure.
| 25 |
| (Source: P.A. 88-582, eff. 1-1-95.)
|
|
|
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| 1 |
| (815 ILCS 370/7.1)
| 2 |
| Sec. 7.1. Fuel rating Octane display standards; | 3 |
| administrative penalty.
| 4 |
| (a) Every retailer of motor fuel must display the octane | 5 |
| number or fuel rating of the fuel
being dispensed on each motor | 6 |
| fuel device that is dispensing a motor fuel gasoline
product. | 7 |
| The octane number or fuel rating shall be displayed on the fuel | 8 |
| dispensing device in
a manner consistent with regulations | 9 |
| promulgated by the Federal Trade
Commission in 16 CFR part 306. | 10 |
| It is a violation of this Section, (1) Sec. to display an
| 11 |
| octane number that is greater than the octane number of the | 12 |
| gasoline being
dispensed , (2) to display a fuel rating that is | 13 |
| not consistent with the percentage by volume of the principal | 14 |
| component of the alternative liquid automotive fuel being | 15 |
| dispensed, or (3) to display a fuel rating that is not | 16 |
| consistent with the percentage of biodiesel or biomass-based | 17 |
| diesel of the biodiesel blend being dispensed .
| 18 |
| (b) A hearing officer that, after an administrative hearing | 19 |
| held in
accordance with the provisions of Section 7, determines | 20 |
| that a violation of
this Section has been committed shall | 21 |
| impose a monetary penalty
in accordance with the following | 22 |
| schedule:
| 23 |
| (1) For a first time violation if the actual octane | 24 |
| number is found by the
petroleum laboratory to be lower | 25 |
| than the posted octane number by:
| 26 |
| (A) at least 0.6 0.8 , but not more than 1.5 2.0 |
|
|
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| 1 |
| octane numbers, $500 $100 ;
| 2 |
| (B) (blank) at least 2.1, but not more than 3.0 | 3 |
| octane numbers, $200 ;
| 4 |
| (C) (blank) at least 3.1, but not more than 4.0 | 5 |
| octane numbers, $300 ;
| 6 |
| (D) (blank) at least 4.1, but not more than 5.0 | 7 |
| octane numbers, $400 ;
| 8 |
| (E) (blank) at least 5.1, but not more than 6.0 | 9 |
| octane numbers, $500 ;
| 10 |
| (F) more than 1.5 6.0 octane numbers, $1,000.
| 11 |
| (2) For a second violation, at the same location under | 12 |
| the same ownership,
within 2 years of the first violation | 13 |
| if the actual octane number is found by
the petroleum | 14 |
| testing laboratory to be lower than the posted octane | 15 |
| number by:
| 16 |
| (A) at least 0.6 0.8 , but not more than 1.5 2.0 | 17 |
| octane numbers, $1,000 $200 ;
| 18 |
| (B) (blank) at least 2.1, but not more than 3.0 | 19 |
| octane numbers, $400 ;
| 20 |
| (C) (blank) at least 3.1, but not more than 4.0 | 21 |
| octane numbers, $600 ;
| 22 |
| (D) (blank) at least 4.1, but not more than 5.0 | 23 |
| octane numbers, $800 ;
| 24 |
| (E) (blank) at least 5.1, but not more than 6.0 | 25 |
| octane numbers, $1,000 ;
| 26 |
| (F) more than 1.5 6.0 octane numbers, $2,000.
|
|
|
|
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| 1 |
| (3) For a third or subsequent violation, at the same | 2 |
| location under the
same ownership, within 2 years of the | 3 |
| second violation if the actual octane
number is found by | 4 |
| the petroleum testing laboratory to be lower than the | 5 |
| posted
octane number by:
| 6 |
| (A) at least 0.6 0.8 , but not more than 1.5 2.0 | 7 |
| octane numbers, $2,000 $400 ;
| 8 |
| (B) (blank) at least 2.1, but not more than 3.0 | 9 |
| octane numbers, $800 ;
| 10 |
| (C) (blank) at least 3.1, but not more than 4.0 | 11 |
| octane numbers, $1,200 ;
| 12 |
| (D) (blank) at least 4.1, but not more than 5.0 | 13 |
| octane numbers, $1,600 ;
| 14 |
| (E) (blank) at least 5.1, but not more than 6.0 | 15 |
| octane numbers, $2,000 ;
| 16 |
| (F) more than 1.5 6.0 octane numbers, $4,000.
| 17 |
| (c) Any penalty levied under this Section shall be | 18 |
| collected and deposited
in the manner provided for penalties | 19 |
| collected under Section 7. Actions and
decisions of the | 20 |
| Department under this Section are subject to the
administrative | 21 |
| procedures and review authorized under Section 7.
| 22 |
| (Source: P.A. 88-582, eff. 1-1-95.)
| 23 |
| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.
|
|
|
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| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 225 ILCS 470/2 |
from Ch. 147, par. 102 |
| 4 |
| 225 ILCS 470/6 |
from Ch. 147, par. 106 |
| 5 |
| 225 ILCS 470/7 |
from Ch. 147, par. 107 |
| 6 |
| 225 ILCS 470/8 |
from Ch. 147, par. 108 |
| 7 |
| 225 ILCS 470/8.1 |
from Ch. 147, par. 108.1 |
| 8 |
| 225 ILCS 470/10 |
from Ch. 147, par. 110 |
| 9 |
| 225 ILCS 470/11 |
from Ch. 147, par. 111 |
| 10 |
| 225 ILCS 470/12 |
from Ch. 147, par. 112 |
| 11 |
| 225 ILCS 470/13 |
from Ch. 147, par. 113 |
| 12 |
| 225 ILCS 470/14 |
from Ch. 147, par. 114 |
| 13 |
| 225 ILCS 470/15 |
from Ch. 147, par. 115 |
| 14 |
| 225 ILCS 470/16 |
from Ch. 147, par. 116 |
| 15 |
| 225 ILCS 470/19 |
from Ch. 147, par. 119 |
| 16 |
| 225 ILCS 470/20 |
from Ch. 147, par. 120 |
| 17 |
| 225 ILCS 470/21 |
from Ch. 147, par. 121 |
| 18 |
| 225 ILCS 470/23 |
from Ch. 147, par. 123 |
| 19 |
| 225 ILCS 470/26 |
from Ch. 147, par. 126 |
| 20 |
| 225 ILCS 470/30 |
from Ch. 147, par. 130 |
| 21 |
| 225 ILCS 470/40 |
from Ch. 147, par. 140 |
| 22 |
| 225 ILCS 470/41 |
from Ch. 147, par. 141 |
| 23 |
| 225 ILCS 470/52 |
from Ch. 147, par. 152 |
| 24 |
| 225 ILCS 470/54 |
from Ch. 147, par. 154 |
| 25 |
| 225 ILCS 470/55 |
from Ch. 147, par. 155 |
|
|
|
|
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| 1 |
| 225 ILCS 470/56 |
from Ch. 147, par. 156 |
| 2 |
| 225 ILCS 470/56.1 |
from Ch. 147, par. 156.1 |
| 3 |
| 505 ILCS 125/3 |
from Ch. 5, par. 138c |
| 4 |
| 505 ILCS 125/7 |
from Ch. 5, par. 138g |
| 5 |
| 505 ILCS 125/6 rep. |
|
| 6 |
| 815 ILCS 370/3 |
from Ch. 5, par. 1703 |
| 7 |
| 815 ILCS 370/4 |
from Ch. 5, par. 1704 |
| 8 |
| 815 ILCS 370/4.1 |
from Ch. 5, par. 1704.1 |
| 9 |
| 815 ILCS 370/7 |
from Ch. 5, par. 1707 |
| 10 |
| 815 ILCS 370/7.1 |
|
| |
|