Full Text of SB3369 98th General Assembly
SB3369sam001 98TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 4/4/2014
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| 1 | | AMENDMENT TO SENATE BILL 3369
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3369 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Motor Fuel Tax Law is amended by changing | 5 | | Sections 1.8, 2, 2a, and 5 and by adding Sections 1.8A, 1.8B, | 6 | | and 1.13C as follows:
| 7 | | (35 ILCS 505/1.8) (from Ch. 120, par. 417.8)
| 8 | | Sec. 1.8.
"Gallon" means, in addition to its ordinary | 9 | | meaning, its
equivalent in a capacity of measurement of | 10 | | substance in a gaseous state. In the case of liquefied natural | 11 | | gas or propane used as motor fuel, "gallon" means a diesel | 12 | | gallon equivalent as defined by Section 1.8A of this Act.
| 13 | | (Source: Laws 1961, p. 3653.)
| 14 | | (35 ILCS 505/1.8A new) | 15 | | Sec. 1.8A. Diesel gallon equivalent. "Diesel gallon |
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| 1 | | equivalent" means an amount of liquefied natural gas or propane | 2 | | that has the equivalent energy content of a gallon of diesel | 3 | | fuel and shall be defined as 6.06 pounds of liquefied natural | 4 | | gas or 6.41 pounds of propane. | 5 | | (35 ILCS 505/1.8B new) | 6 | | Sec. 1.8B. Gasoline gallon equivalent. "Gasoline gallon | 7 | | equivalent" means an amount of compressed natural gas that has | 8 | | the equivalent energy content of a gallon of gasoline and shall | 9 | | be defined as 5.660 pounds of compressed natural gas. | 10 | | (35 ILCS 505/1.13C new) | 11 | | Sec. 1.13C. Liquefied natural gas. "Liquefied natural gas" | 12 | | means methane or natural gas in the form of a cryogenic or | 13 | | refrigerated liquid for use as a motor fuel.
| 14 | | (35 ILCS 505/2) (from Ch. 120, par. 418)
| 15 | | Sec. 2.
A tax is imposed on the privilege of operating | 16 | | motor vehicles
upon the public highways and recreational-type | 17 | | watercraft upon the waters
of this State.
| 18 | | (a) Prior to August 1, 1989, the tax is imposed at the rate | 19 | | of 13 cents
per gallon on all motor fuel used in motor vehicles | 20 | | operating on the public
highways and recreational type | 21 | | watercraft operating upon the waters of this
State. Beginning | 22 | | on August 1, 1989 and until January 1, 1990, the rate of the
| 23 | | tax imposed in this paragraph shall be 16 cents per gallon. |
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| 1 | | Beginning January
1, 1990, the rate of tax imposed in this | 2 | | paragraph , including the tax on compressed natural gas, shall | 3 | | be 19 cents per
gallon. The tax on compressed
natural gas shall | 4 | | be calculated on a gasoline gallon equivalent basis as defined | 5 | | in
Section 1.8B of this Act.
| 6 | | (b) The tax on the privilege of operating motor vehicles | 7 | | which use diesel
fuel , liquefied natural gas, or propane shall | 8 | | be the rate according to paragraph (a) plus an additional 2 1/2
| 9 | | cents per gallon. "Diesel fuel" is defined as any product
| 10 | | intended
for use or offered for sale as a fuel for engines in | 11 | | which the fuel is injected
into the combustion chamber and | 12 | | ignited by pressure without electric spark.
| 13 | | (c) A tax is imposed upon the privilege of engaging in the | 14 | | business of
selling motor fuel as a retailer or reseller on all | 15 | | motor fuel used in motor
vehicles operating on the public | 16 | | highways and recreational type watercraft
operating upon the | 17 | | waters of this State: (1) at the rate of 3 cents per gallon
on | 18 | | motor fuel owned or possessed by such retailer or reseller at | 19 | | 12:01 a.m. on
August 1, 1989; and (2) at the rate of 3 cents per | 20 | | gallon on motor fuel owned
or possessed by such retailer or | 21 | | reseller at 12:01 A.M. on January 1, 1990.
| 22 | | Retailers and resellers who are subject to this additional | 23 | | tax shall be
required to inventory such motor fuel and pay this | 24 | | additional tax in a
manner prescribed by the Department of | 25 | | Revenue.
| 26 | | The tax imposed in this paragraph (c) shall be in addition |
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| 1 | | to all other
taxes imposed by the State of Illinois or any unit | 2 | | of local government in this
State.
| 3 | | (d) Except as provided in Section 2a, the collection of a | 4 | | tax based on
gallonage of gasoline used for the propulsion of | 5 | | any aircraft is prohibited
on and after October 1, 1979.
| 6 | | (e) The collection of a tax, based on gallonage of all | 7 | | products commonly or
commercially known or sold as 1-K | 8 | | kerosene, regardless of its classification
or uses, is | 9 | | prohibited (i) on and after July 1, 1992 until December 31, | 10 | | 1999,
except when the 1-K kerosene is either: (1) delivered | 11 | | into bulk storage
facilities of a bulk user, or (2) delivered | 12 | | directly into the fuel supply tanks
of motor vehicles and (ii) | 13 | | on and after January 1, 2000. Beginning on January
1, 2000, the | 14 | | collection of a tax, based on gallonage of all products | 15 | | commonly
or commercially known or sold as 1-K kerosene, | 16 | | regardless of its classification
or uses, is prohibited except | 17 | | when the 1-K kerosene is delivered directly into
a storage tank | 18 | | that is located at a facility that has withdrawal facilities
| 19 | | that are readily accessible to and are capable of dispensing | 20 | | 1-K kerosene into
the fuel supply tanks of motor vehicles. For | 21 | | purposes of this subsection (e), a facility is considered to | 22 | | have withdrawal facilities that are not "readily accessible to | 23 | | and capable of dispensing 1-K kerosene into the fuel supply | 24 | | tanks of motor vehicles" only if the 1-K kerosene is delivered | 25 | | from: (i) a dispenser hose that is short enough so that it will | 26 | | not reach the fuel supply tank of a motor vehicle or (ii) a |
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| 1 | | dispenser that is enclosed by a fence or other physical barrier | 2 | | so that a vehicle cannot pull alongside the dispenser to permit | 3 | | fueling.
| 4 | | Any person who sells or uses 1-K kerosene for use in motor | 5 | | vehicles upon
which the tax imposed by this Law has not been | 6 | | paid shall be liable for any
tax due on the sales or use of 1-K | 7 | | kerosene.
| 8 | | (Source: P.A. 96-1384, eff. 7-29-10.)
| 9 | | (35 ILCS 505/2a) (from Ch. 120, par. 418a)
| 10 | | Sec. 2a.
Except as hereinafter provided, on and after | 11 | | January 1,
1990 and before January 1, 2025, a tax of | 12 | | three-tenths of a cent per gallon
is imposed upon the privilege | 13 | | of being a receiver in this State of fuel for
sale or use.
| 14 | | The tax shall be paid by the receiver in this State who | 15 | | first sells or uses
fuel. In the case of a sale, the tax shall | 16 | | be stated as a separate item on the
invoice.
| 17 | | For the purpose of the tax imposed by this Section, being a | 18 | | receiver of
"motor fuel" as defined by Section 1.1 of this Act, | 19 | | and aviation fuels,
home heating oil and kerosene, but | 20 | | excluding liquified petroleum gases, is
subject to tax without | 21 | | regard to whether the fuel is intended to be used
for operation | 22 | | of motor vehicles on the public highways and waters.
However, | 23 | | no such tax shall be imposed upon the importation or receipt of
| 24 | | aviation fuels and kerosene at airports with over 300,000 | 25 | | operations per year,
for years prior to 1991, and over 170,000 |
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| 1 | | operations per year beginning in
1991, located in a city of | 2 | | more than 1,000,000 inhabitants for sale to or use
by holders | 3 | | of certificates of public convenience and necessity or foreign | 4 | | air
carrier permits, issued by the United States Department of | 5 | | Transportation, and
their air carrier affiliates, or upon the | 6 | | importation or receipt of aviation
fuels and kerosene at | 7 | | facilities owned or leased by those certificate or permit
| 8 | | holders and used in their activities at an airport described | 9 | | above. In
addition, no such tax shall be imposed upon the | 10 | | importation or receipt of
diesel fuel or liquefied natural gas | 11 | | sold to or used by a rail carrier registered pursuant to
| 12 | | Section 18c-7201 of the
Illinois Vehicle Code or otherwise | 13 | | recognized by the Illinois Commerce
Commission as a rail | 14 | | carrier, to the extent used directly in railroad
operations. In | 15 | | addition,
no such tax shall be imposed when the sale is made | 16 | | with delivery to a purchaser
outside this State or when the | 17 | | sale is made to a person holding a valid license
as a receiver. | 18 | | In addition, no tax shall be imposed upon diesel fuel or | 19 | | liquefied natural gas consumed
or used in the operation of | 20 | | ships, barges, or vessels,
that are used primarily in or for | 21 | | the transportation of property in interstate
commerce for hire | 22 | | on rivers bordering on this State, if the diesel fuel or | 23 | | liquefied natural gas is
delivered by a licensed receiver to | 24 | | the purchaser's barge, ship, or vessel
while it is afloat upon | 25 | | that bordering river. A specific notation thereof
shall be made | 26 | | on the invoices or sales slips covering each sale.
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| 1 | | (Source: P.A. 96-161, eff. 8-10-09.)
| 2 | | (35 ILCS 505/5) (from Ch. 120, par. 421)
| 3 | | Sec. 5.
Except as hereinafter provided, a person holding a | 4 | | valid unrevoked
license to act as a distributor of motor fuel | 5 | | shall, between the 1st and 20th
days of each calendar month, | 6 | | make return to the Department, showing an itemized
statement of | 7 | | the number of invoiced gallons of motor fuel of the types
| 8 | | specified in this Section which were purchased, acquired, | 9 | | received, or exported during the
preceding calendar month; the | 10 | | amount of such motor fuel produced, refined,
compounded, | 11 | | manufactured, blended, sold, distributed, exported, and used | 12 | | by the licensed
distributor during the preceding calendar | 13 | | month; the amount of such motor fuel
lost or destroyed during | 14 | | the preceding calendar month; the amount of
such motor fuel on | 15 | | hand at the close of business for such month; and such
other | 16 | | reasonable information as the Department may require. If a
| 17 | | distributor's only activities with respect to motor fuel are | 18 | | either: (1)
production of
alcohol in quantities of less than | 19 | | 10,000 proof gallons per year or (2)
blending alcohol in | 20 | | quantities of less than 10,000 proof gallons per year
which | 21 | | such distributor has produced, he shall file returns on an | 22 | | annual
basis with the return for a given year being due by | 23 | | January 20 of the following
year. Distributors whose total | 24 | | production of alcohol (whether blended or
not) exceeds 10,000 | 25 | | proof gallons per year, based on production during the
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| 1 | | preceding (calendar) year or as reasonably projected by the | 2 | | Department if
one calendar year's record of production cannot | 3 | | be established, shall file
returns between the 1st and 20th | 4 | | days of each calendar month as hereinabove
provided.
| 5 | | The types of motor fuel referred to in the preceding | 6 | | paragraph are: (A)
All products commonly or commercially known | 7 | | or sold as gasoline (including
casing-head and absorption or | 8 | | natural gasoline), gasohol, motor benzol or motor
benzene | 9 | | regardless of their classification or uses; and (B) all | 10 | | combustible
gases , not including liquefied natural gas, which | 11 | | exist in a gaseous state at 60 degrees Fahrenheit and at 14.7
| 12 | | pounds per square inch absolute including, but not limited to, | 13 | | liquefied
petroleum gases used for highway purposes; and (C) | 14 | | special fuel. Only those
quantities of combustible gases | 15 | | (example (B) above) which are used or sold by
the distributor | 16 | | to be used to propel motor vehicles on the public highways, or | 17 | | which
are delivered into a storage tank that is located at a | 18 | | facility that has
withdrawal facilities which are readily | 19 | | accessible to and are capable of
dispensing combustible gases | 20 | | into the fuel supply tanks of motor vehicles,
shall be subject | 21 | | to return. Distributors of liquefied natural gas are not | 22 | | required to make returns under this Section with respect to | 23 | | that liquefied natural gas unless (i) the liquefied natural gas | 24 | | is dispensed into the fuel supply tank of any motor vehicle or | 25 | | (ii) the liquefied natural gas is delivered into a storage tank | 26 | | that is located at a facility that has withdrawal facilities |
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| 1 | | which are readily accessible to and are capable of dispensing | 2 | | liquefied natural gas into the fuel supply tanks of motor | 3 | | vehicles. For purposes of this Section, a facility is | 4 | | considered to have withdrawal facilities that are not "readily | 5 | | accessible to and capable of dispensing combustible gases into | 6 | | the fuel supply tanks of motor vehicles" only if the | 7 | | combustible gases or liquefied natural gas are delivered from: | 8 | | (i) a dispenser hose that is short enough so that it will not | 9 | | reach the fuel supply tank of a motor vehicle or (ii) a | 10 | | dispenser that is enclosed by a fence or other physical barrier | 11 | | so that a vehicle cannot pull alongside the dispenser to permit | 12 | | fueling. For the purposes of this Act, liquefied petroleum
| 13 | | gases shall mean and include any material having a vapor | 14 | | pressure not exceeding
that allowed for commercial propane | 15 | | composed predominantly of the following
hydrocarbons, either | 16 | | by themselves or as mixtures: Propane, Propylene, Butane
| 17 | | (normal butane or iso-butane) and Butylene (including | 18 | | isomers).
| 19 | | In case of a sale of special fuel to someone other than a | 20 | | licensed
distributor, or a licensed supplier, for a use other | 21 | | than in motor vehicles,
the distributor shall show in
his | 22 | | return the amount of invoiced gallons sold and the name and | 23 | | address of the
purchaser
in addition to any other information | 24 | | the Department may require.
| 25 | | All special fuel sold or used for non-highway purposes must | 26 | | have a dye
added in accordance with Section 4d of this Law.
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| 1 | | In case of a tax-free sale, as provided in Section 6, of
| 2 | | motor fuel which the distributor is required by this Section to | 3 | | include in
his return to the Department, the distributor in his | 4 | | return shall show:
(1) If the sale is made to another licensed | 5 | | distributor the amount
sold and the name, address and license | 6 | | number of the purchasing distributor;
(2) if the sale is made | 7 | | to a person where delivery is made outside of this
State the | 8 | | name and address of such purchaser and the point of delivery
| 9 | | together with the date and amount delivered; (3) if the sale is | 10 | | made to the
Federal Government or its instrumentalities the | 11 | | amount sold; (4) if the sale is made to a
municipal corporation | 12 | | owning and operating a local transportation
system for public | 13 | | service in this State the name and address of such
purchaser, | 14 | | and the amount sold, as evidenced by official forms of
| 15 | | exemption certificates properly executed and furnished by such | 16 | | purchaser;
(5) if the sale is made to a privately owned public | 17 | | utility owning and
operating 2-axle vehicles designed and used | 18 | | for transporting more than 7
passengers, which vehicles are | 19 | | used as common carriers in general
transportation of | 20 | | passengers, are not devoted to any specialized purpose
and are | 21 | | operated entirely within the territorial limits of a single
| 22 | | municipality or of any group of contiguous municipalities or in | 23 | | a close
radius thereof, and the operations of which are subject | 24 | | to the regulations
of the Illinois Commerce Commission, then | 25 | | the name and address of such
purchaser and the amount sold as | 26 | | evidenced by official forms of
exemption certificates properly |
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| 1 | | executed and furnished by the purchaser;
(6) if the product | 2 | | sold is special fuel and if the sale is made to a
licensed | 3 | | supplier under conditions which qualify the sale for tax | 4 | | exemption
under Section 6 of this Act, the amount sold and the | 5 | | name, address and
license number of the purchaser; and (7) if a | 6 | | sale of special fuel is made
to
someone other than a licensed | 7 | | distributor, or a licensed supplier, for a use other than in | 8 | | motor vehicles, by making a
specific notation thereof on the | 9 | | invoice or sales slip covering such sales and
obtaining such | 10 | | supporting documentation as may be required by the Department.
| 11 | | All special fuel sold or used for non-highway purposes must | 12 | | have a dye
added
in accordance with Section 4d of this Law.
| 13 | | A person whose license to act as a distributor of motor | 14 | | fuel has been
revoked shall make a return to the Department | 15 | | covering the period from the
date of the last return to the | 16 | | date of the revocation of the license, which
return shall be | 17 | | delivered to the Department not later than 10 days from the
| 18 | | date of the revocation or termination of the license of such | 19 | | distributor;
the return shall in all other respects be subject | 20 | | to the same provisions
and conditions as returns by | 21 | | distributors licensed under the provisions of
this Act.
| 22 | | The records, waybills and supporting documents kept by | 23 | | railroads and
other common carriers in the regular course of | 24 | | business shall be prima
facie evidence of the contents and | 25 | | receipt of cars or tanks covered by those
records, waybills or | 26 | | supporting documents.
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| 1 | | If the Department has reason to believe and does believe | 2 | | that the amount
shown on the return as purchased, acquired, | 3 | | received, exported, sold, used, lost
or destroyed is incorrect, | 4 | | or that
an amount of motor fuel of the types required by the | 5 | | second paragraph of
this Section to be reported to the | 6 | | Department
has not been correctly reported the Department shall | 7 | | fix
an amount for
such receipt, sales, export, use, loss or | 8 | | destruction according to its best
judgment and
information, | 9 | | which amount so fixed by the Department shall be prima facie
| 10 | | correct. All returns shall be made on forms prepared and | 11 | | furnished by the
Department, and shall contain such other | 12 | | information as the Department may
reasonably require. The | 13 | | return must be accompanied by appropriate
computer-generated | 14 | | magnetic media supporting schedule data in the format
required | 15 | | by the Department, unless, as provided by rule, the Department | 16 | | grants
an exception upon petition of a taxpayer.
All licensed | 17 | | distributors shall report all losses of motor fuel sustained on
| 18 | | account of fire, theft, spillage, spoilage, leakage, or any | 19 | | other provable
cause when filing the return for the period | 20 | | during which the loss occurred. If the distributor reports | 21 | | losses due to fire or theft, then the distributor must include | 22 | | fire department or police department reports and any other | 23 | | documentation that the Department may require. The
mere making | 24 | | of the report does not assure the allowance of the loss as a
| 25 | | reduction in tax liability.
Losses of motor fuel as the result | 26 | | of evaporation or shrinkage due to
temperature variations may |
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| 1 | | not exceed 1% of the total
gallons in
storage at the beginning | 2 | | of the month, plus the receipts of gallonage during
the month, | 3 | | minus the gallonage remaining in storage at the end of the | 4 | | month.
Any loss reported that is in excess of 1% shall be | 5 | | subject
to the
tax imposed by Section 2 of this Law.
On and | 6 | | after July 1, 2001, for each 6-month period January through | 7 | | June, net
losses of motor fuel (for each category of motor fuel | 8 | | that is required to be
reported on a return) as the result of | 9 | | evaporation or shrinkage due to
temperature variations may not | 10 | | exceed 1% of the total gallons in storage at the
beginning of | 11 | | each January, plus the receipts of gallonage each January | 12 | | through
June, minus the gallonage remaining in storage at the | 13 | | end of each June. On and
after July 1, 2001, for each 6-month | 14 | | period July through December, net losses
of motor fuel (for | 15 | | each category of motor fuel that is required to be reported
on | 16 | | a return) as the result of evaporation or shrinkage due to | 17 | | temperature
variations may not exceed 1% of the total gallons | 18 | | in storage at the beginning
of each July, plus the receipts of | 19 | | gallonage each July through December, minus
the gallonage | 20 | | remaining in storage at the end of each December. Any net loss
| 21 | | reported that is in excess of this amount shall be subject to | 22 | | the tax imposed
by Section 2 of this Law. For purposes of this | 23 | | Section, "net loss" means the
number of gallons gained through | 24 | | temperature variations minus the number of
gallons lost through | 25 | | temperature variations or evaporation for each of the
| 26 | | respective 6-month periods.
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| 1 | | (Source: P.A. 96-1384, eff. 7-29-10.)
| 2 | | Section 10. The Weights and Measures Act is amended by | 3 | | changing Sections 2 and 8 as follows:
| 4 | | (225 ILCS 470/2) (from Ch. 147, par. 102)
| 5 | | Sec. 2. Definitions. As used in this Act:
| 6 | | "Person" means both singular and plural as the case | 7 | | demands,
and includes individuals, partnerships, corporations, | 8 | | companies, societies
and associations.
| 9 | | "Weights and measures" means all weights and measures of | 10 | | every kind,
instruments and devices for weighing and measuring, | 11 | | and any appliances and
accessories associated with any or all | 12 | | such instruments and devices,
including all grain moisture | 13 | | measuring devices, but does not include meters
for the | 14 | | measurement of electricity, gas (natural or manufactured) or | 15 | | water
operated in a public utility system. These electricity | 16 | | meters,
gas
meters, and water
meters, and their appliances or | 17 | | accessories, and slo
flo meters,
are specifically excluded from | 18 | | the scope and applicability of this Act.
| 19 | | "Sell" and "sale" includes barter and exchange.
| 20 | | "Director" means the Director of Agriculture.
| 21 | | "Department" means the Department of Agriculture.
| 22 | | "Inspector" means an inspector of weights and measures of | 23 | | this
State.
| 24 | | "Sealer" and "deputy sealer" mean, respectively, a sealer |
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| 1 | | of weights
and measures and a deputy sealer of weights and | 2 | | measures of a city.
| 3 | | "Intrastate commerce" means any and all commerce or trade | 4 | | that is
commenced, conducted and completed wholly within the | 5 | | limits of this State,
and the phrase "introduced into | 6 | | intrastate commerce" means the time and
place at which the | 7 | | first sale and delivery being made either directly to
the | 8 | | purchaser or to a carrier for shipment to the purchaser.
| 9 | | "Commodity in package form" means a commodity put up or | 10 | | packaged in
any manner in advance of sale in units suitable for | 11 | | either wholesale or
retail sale, excluding any auxiliary | 12 | | shipping container enclosing packages
which individually | 13 | | conform to the requirements of this Act. An individual
item or | 14 | | lot of any commodity not in package form as defined in this | 15 | | Section
but on which there is marked a selling price based on | 16 | | an established price
per unit of weight or of measure shall be | 17 | | deemed a commodity in package
form.
| 18 | | "Consumer package" and "package of consumer commodity" | 19 | | mean any
commodity in package form that is customarily produced | 20 | | or distributed for
sale through retail sales agencies or | 21 | | instrumentalities for consumption by
individuals or use by | 22 | | individuals for the purposes of personal care or in
the | 23 | | performance of services ordinarily rendered in or about the | 24 | | household
or in connection with personal possessions, and which | 25 | | usually is consumed
or expended in the course of such | 26 | | consumption or use.
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| 1 | | "Nonconsumer package" and "package of nonconsumer | 2 | | commodity" mean
any commodity in package form other than a | 3 | | consumer package, and
particularly a package designed solely | 4 | | for industrial or institutional use
or for wholesale | 5 | | distribution only.
| 6 | | "Certificate of Conformance" means a document issued by the
| 7 | | National Conference on Weights and Measures based on
testing in | 8 | | participating laboratories
that indicates that the weights and | 9 | | measures or weighing and
measuring
device conform with the | 10 | | requirements of National Institute of
Standards and | 11 | | Technology's
Handbooks 44, 105-1, 105-2, 105-3, 105-4, or 105-8 | 12 | | and any subsequent
revisions or
supplements thereto.
| 13 | | "Prepackage inspection violation" means that the majority | 14 | | of the
lots of prepackaged commodities inspected at a single | 15 | | location are found to
have one or more packages below the | 16 | | maximum allowable variation as
published in the National | 17 | | Institute of Standards and
Technology Handbook 133 or the
| 18 | | majority of the lots inspected at a single location are found | 19 | | to be below
the stated net weight declaration on an average.
| 20 | | "Diesel gallon equivalent" means 6.06 pounds of liquefied | 21 | | natural gas or 6.41 pounds of propane. | 22 | | "Gasoline gallon equivalent" means 5.660 pounds of | 23 | | compressed natural gas. | 24 | | (Source: P.A. 96-1333, eff. 7-27-10.)
| 25 | | (225 ILCS 470/8) (from Ch. 147, par. 108)
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| 1 | | Sec. 8. Regulations; issuance; contents. The Director | 2 | | shall from time to
time issue reasonable regulations
for | 3 | | enforcement of this Act that shall have the force and effect of
| 4 | | law. In
determining these regulations, he shall appoint, | 5 | | consult
with, and be advised by
committees representative of | 6 | | industries to be affected by the
regulations.
These regulations | 7 | | may include (1) standards of net weight, measure or
count, and | 8 | | reasonable standards of fill, for any commodity in package | 9 | | form,
(2) rules governing the technical and reporting | 10 | | procedures to be followed
and the report and record forms and | 11 | | marks of approval and rejection to be
used by inspectors of | 12 | | weights and measures in the discharge of their
official duties, | 13 | | and (3) exemptions from the sealing or marking
requirements of | 14 | | Section 14 of this Act with respect to weights and
measures of | 15 | | such character or size that such sealing or marking would be
| 16 | | inappropriate, impracticable, or damaging to the apparatus in | 17 | | question.
These regulations shall include specifications, | 18 | | tolerances, and regulations
for weights and measures, of the | 19 | | character of those specified in Section 10
of this Act, | 20 | | designed to eliminate from use (without prejudice to
apparatus | 21 | | that conforms as closely as practicable to the official
| 22 | | standards) such weights and measures as are (1) inaccurate, (2) | 23 | | of faulty
construction (that is, not reasonably permanent in | 24 | | their adjustment or not
capable of correct repetition of their | 25 | | indications), or (3) conducive to
the perpetration of fraud. | 26 | | Specifications, tolerances, and regulations for
commercial |
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| 1 | | weighing and measuring devices recommended by the National
| 2 | | Institute of Standards and Technology and published in
National | 3 | | Institute of Standards and Technology Handbook
44 and | 4 | | supplements thereto or in any publication revising or | 5 | | superseding
Handbook 44, shall be the specifications, | 6 | | tolerances, and regulations for
commercial weighing and | 7 | | measuring devices of this State, except insofar as
specifically | 8 | | modified, amended, or rejected by a regulation issued by the
| 9 | | Director. Notwithstanding the provisions of this paragraph, | 10 | | liquefied natural gas and propane used as motor fuel shall be | 11 | | sold in diesel gallon equivalents, and compressed natural gas | 12 | | shall be sold in gasoline gallon equivalents. Propane used as | 13 | | motor fuel shall be sold in actual measured gallon volumetric | 14 | | units, which shall then be multiplied by 0.651 to determine the | 15 | | diesel gallon equivalents that are subject to tax under the | 16 | | Motor Fuel Tax Law.
| 17 | | The National Institute of Standards and Technology
| 18 | | Handbook 133 and its supplements, or any publication revising | 19 | | or superseding Handbook 133, shall be the
method for checking | 20 | | the net contents of commodities in package form. The
National | 21 | | Institute of Standards and Technology Handbooks
105-1, 105-2, | 22 | | 105-3, 105-4, 105-8, and their supplements, or any publication | 23 | | revising or superseding Handbooks
105-1, 105-2,
105-3, 105-4, | 24 | | and 105-8 shall be specifications and tolerances for reference
| 25 | | standards and
field standards weights and measures.
| 26 | | For purposes of this Act, apparatus shall be deemed |
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| 1 | | "correct"
when it conforms to all applicable requirements | 2 | | promulgated as specified in
this Section. Apparatus that does | 3 | | not conform to all applicable
requirements shall be deemed | 4 | | "incorrect".
| 5 | | The Director is authorized to prescribe by regulation, | 6 | | after
public hearings, container sizes for fluid dairy products | 7 | | and container sizes for ice cream,
frozen desserts, and similar | 8 | | items.
| 9 | | For the purposes of this Act, any apparatus certified by | 10 | | the
Department or city sealer as of July 1, 2012 satisfies | 11 | | construction and installation
requirements. | 12 | | The Uniform Packaging and Labeling Regulation and the | 13 | | Uniform Regulation
for the Method of Sale of Commodities in the | 14 | | National Institute
of
Standards
and Technology Handbook 130, | 15 | | and any of its subsequent supplements or
revisions, shall be
| 16 | | the requirements and standards governing the packaging, | 17 | | labeling, and
method
of sale of commodities for this State, | 18 | | except insofar as specifically
modified, amended, or rejected | 19 | | by regulation issued by the Director , and except that liquefied | 20 | | natural gas used as motor fuel shall be sold in diesel gallon | 21 | | equivalents, and compressed natural gas shall be sold in | 22 | | gasoline gallon equivalents .
| 23 | | (Source: P.A. 98-342, eff. 8-13-13.)
| 24 | | Section 15. The Environmental Impact Fee Law is amended by | 25 | | changing Section 310 as follows:
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| 1 | | (415 ILCS 125/310)
| 2 | | (Section scheduled to be repealed on January 1, 2025)
| 3 | | Sec. 310. Environmental impact fee; imposition. Beginning | 4 | | January 1, 1996,
all receivers of fuel are subject to an | 5 | | environmental impact fee of $60 per
7,500 gallons of fuel, or | 6 | | an equivalent amount per fraction thereof, that is
sold or used | 7 | | in Illinois. The fee shall be paid by the receiver in this | 8 | | State
who first sells or uses the fuel. The environmental | 9 | | impact fee imposed by this
Law replaces the fee imposed under | 10 | | the corresponding provisions of Article 3 of
Public Act 89-428. | 11 | | Environmental impact fees paid under that Article 3 shall
| 12 | | satisfy the receiver's corresponding liability under this Law.
| 13 | | A receiver of fuels is subject to the fee without regard to | 14 | | whether the fuel
is intended to be used for operation of motor | 15 | | vehicles on the public highways
and waters. However, no fee | 16 | | shall be imposed upon the importation or receipt
of aviation | 17 | | fuels and kerosene at airports with over 170,000 operations per
| 18 | | year, located in a city of more than 1,000,000 inhabitants, for | 19 | | sale to or use
by holders of certificates of public convenience | 20 | | and necessity or foreign air
carrier permits, issued by the | 21 | | United States Department of Transportation, and
their air | 22 | | carrier affiliates, or upon the importation or receipt of | 23 | | aviation
fuels and kerosene at facilities owned or leased by | 24 | | those certificate or permit
holders and used in their | 25 | | activities at an airport described above. In
addition, no fee |
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| 1 | | may be imposed upon the importation or receipt of diesel fuel
| 2 | | or liquefied natural gas sold to or used by a rail carrier | 3 | | registered under Section 18c-7201 of the
Illinois Vehicle
Code | 4 | | or otherwise recognized by the Illinois Commerce Commission as | 5 | | a rail
carrier, to the extent used directly in railroad | 6 | | operations. In
addition, no fee may be
imposed when the sale is | 7 | | made with delivery to a purchaser outside this State
or when | 8 | | the sale is made to a person holding a valid license as a | 9 | | receiver.
In addition, no fee shall be imposed upon diesel fuel | 10 | | or liquefied natural gas consumed or used in the
operation of | 11 | | ships, barges, or vessels, that are used primarily in or for | 12 | | the
transportation of property in interstate commerce for hire | 13 | | on rivers bordering
on this State, if the diesel fuel or | 14 | | liquefied natural gas is delivered by a licensed receiver to | 15 | | the
purchaser's barge, ship, or vessel while it is afloat upon | 16 | | that bordering
river. A specific notation thereof shall be made | 17 | | on the invoices or sales
slips covering each sale.
| 18 | | (Source: P.A. 92-232, eff. 8-2-01 .)".
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