Illinois General Assembly - Full Text of Public Act 095-0049
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Public Act 095-0049




Public Act 095-0049
SB0154 Enrolled LRB095 03768 CMK 23797 b

    AN ACT concerning safety.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Environmental Protection Act is amended by
changing Section 55.8 as follows:
    (415 ILCS 5/55.8)  (from Ch. 111 1/2, par. 1055.8)
    Sec. 55.8. Tire retailers.
    (a) Beginning July 1, 1992, Any person selling new or used
tires at retail or offering new or used tires for retail sale
in this State shall:
        (1) beginning on June 20, 2003 (the effective date of
    Public Act 93-32), collect from retail customers a fee of
    $2 per new or and used tire sold and delivered in this
    State, to be paid to the Department of Revenue and
    deposited into the Used Tire Management Fund, less a
    collection allowance of 10 cents per tire to be retained by
    the retail seller and a collection allowance of 10 cents
    per tire to be retained by the Department of Revenue and
    paid into the General Revenue Fund;
        (1.5) beginning on July 1, 2003, collect from retail
    customers an additional 50 cents per new or used tire sold
    and delivered in this State. The money collected from this
    fee shall be deposited into the Emergency Public Health
    Fund. This fee shall no longer be collected beginning on
    January 1, 2008.
        (2) accept for recycling used tires from customers, at
    the point of transfer, in a quantity equal to the number of
    new tires purchased; and
        (3) post in a conspicuous place a written notice at
    least 8.5 by 11 inches in size that includes the universal
    recycling symbol and the following statements: "DO NOT put
    used tires in the trash."; "Recycle your used tires."; and
    "State law requires us to accept used tires for recycling,
    in exchange for new tires purchased.".
    (b) A person who accepts used tires for recycling under
subsection (a) shall not allow the tires to accumulate for
periods of more than 90 days.
    (c) The requirements of subsection (a) of this Section do
not apply to mail order sales nor shall the retail sale of a
motor vehicle be considered to be the sale of tires at retail
or offering of tires for retail sale. Instead of filing
returns, retailers of tires may remit the tire user fee of
$1.00 per tire to their suppliers of tires if the supplier of
tires is a registered retailer of tires and agrees or otherwise
arranges to collect and remit the tire fee to the Department of
Revenue, notwithstanding the fact that the sale of the tire is
a sale for resale and not a sale at retail. A tire supplier who
enters into such an arrangement with a tire retailer shall be
liable for the tax on all tires sold to the tire retailer and
must (i) provide the tire retailer with a receipt that
separately reflects the tire tax collected from the retailer on
each transaction and (ii) accept used tires for recycling from
the retailer's customers. The tire supplier shall be entitled
to the collection allowance of 10 cents per tire.
    The retailer of the tires must maintain in its books and
records evidence that the appropriate fee was paid to the tire
supplier and that the tire supplier has agreed to remit the fee
to the Department of Revenue for each tire sold by the
retailer. Otherwise, the tire retailer shall be directly liable
for the fee on all tires sold at retail. Tire retailers paying
the fee to their suppliers are not entitled to the collection
allowance of 10 cents per tire.
    (d) The requirements of subsection (a) of this Section
shall apply exclusively to tires to be used for vehicles
defined in Section 1-217 of the Illinois Vehicle Code, aircraft
tires, special mobile equipment, and implements of husbandry.
    (e) The requirements of paragraph (1) of subsection (a) do
not apply to the sale of reprocessed tires. For purposes of
this Section, "reprocessed tire" means a used tire that has
been recapped, retreaded, or regrooved and that has not been
placed on a vehicle wheel rim.
(Source: P.A. 93-32, eff. 6-20-03; 93-52, eff. 6-30-03; revised
    Section 99. Effective date. This Act takes effect July 1,

Effective Date: 8/10/2007