Full Text of SB1366 100th General Assembly
SB1366eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Weights and Measures Act is amended by | 5 | | changing Sections 40 and 56.1 as follows:
| 6 | | (225 ILCS 470/40) (from Ch. 147, par. 140)
| 7 | | Sec. 40. Inspection fee; Weights and Measures Fund. The | 8 | | Director and each sealer shall collect and receive
from the | 9 | | user of weights and measures a commercial weighing or measuring | 10 | | device
inspection fee. For the use of its Metrology Laboratory, | 11 | | the testings of
weights and measures and such other inspection | 12 | | and services performed, the
Department shall set a fee, the | 13 | | amount of which shall be according to a
Schedule of Weights and | 14 | | Measures Inspection Fees established and published by
the | 15 | | Director. The fees so collected and received by the State shall | 16 | | be
deposited into a special fund to be known as the Weights and | 17 | | Measures Fund.
All weights and measures inspection fees, | 18 | | metrology fees, weights and measures
registrations, and | 19 | | weights and measures penalties collected by the Department
| 20 | | under this Act shall be deposited into the Weights and Measures | 21 | | Fund. The
amount annually collected shall be used by the | 22 | | Department for activities
related to the enforcement of this | 23 | | Act and the Motor Fuel and Petroleum
Standards Act, and for the |
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| 1 | | State's share of the costs of the Field Automation
Information | 2 | | Management project. No person shall be required to pay more
| 3 | | than 2 inspection fees for any one weighing or measuring device | 4 | | in any one
year when found to be accurate. When an inspection | 5 | | is made upon a weighing or
measuring device because of a | 6 | | complaint by a person other than the owner of
such weighing or | 7 | | measuring device, and the device is found accurate as set
forth | 8 | | in Section 8 of this Act, no inspection fee shall be paid by | 9 | | the
complainant. Any time a weighing or measuring device is | 10 | | found to be
inaccurate, the user shall pay the inspection fee.
| 11 | | If any person fails or refuses to pay , within 60 days after | 12 | | the issuance of notice from the Department, a fee authorized by | 13 | | this Section,
the Department may prohibit that person from | 14 | | using commercial weighing and
measuring devices. In addition to | 15 | | prohibiting the use of the device, the Department may also | 16 | | recover interest at the rate of 1% per month from the time the | 17 | | payment is owed to the Department until the time the Department | 18 | | recovers the fee.
| 19 | | (Source: P.A. 96-1333, eff. 7-27-10.)
| 20 | | (225 ILCS 470/56.1) (from Ch. 147, par. 156.1)
| 21 | | Sec. 56.1. Administrative penalties; judicial review. When | 22 | | an
administrative hearing is held, the hearing officer,
upon | 23 | | determination of any violation of any
Section of this Act shall | 24 | | levy the
following administrative monetary penalties:
| 25 | | (A) A penalty of $500 for a first violation.
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| 1 | | (B) A penalty of $1,500 for a second violation at the | 2 | | same location
within 2 years of the first violation.
| 3 | | (C) A penalty of $2,500 for a third or subsequent | 4 | | violation at the
same location within 2 years of the second | 5 | | violation.
| 6 | | The penalty so levied shall be collected by the Department. | 7 | | Any penalty of $2,500 or greater
not paid within 120 60 days of | 8 | | issuance of notice from the Department shall be submitted to
| 9 | | the Department of Revenue Attorney General's office for | 10 | | collection as provided under the Illinois State Collection Act | 11 | | of 1986 . The Department may prohibit any person from using a | 12 | | commercial weighing or measuring device for failure to pay an | 13 | | administrative monetary penalty within 60 days of issuance of | 14 | | notice from the Department.
| 15 | | All final administrative decisions of the Department are | 16 | | subject to
judicial review under the Administrative Review Law. | 17 | | The term "administrative
decision" is defined as in Section | 18 | | 3-101 of the Code of Civil Procedure.
| 19 | | (Source: P.A. 96-1333, eff. 7-27-10; 97-333, eff. 8-12-11.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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