Bill Text: IL SB1366 | 2017-2018 | 100th General Assembly | Engrossed
Bill Title: Amends the Weights and Measures Act. Provides that if any person fails or refuses to pay, within 60 days after the issuance of notice from the Department, a fee authorized by the Section, the Department may prohibit that person from using commercial weighing and measuring devices. Provides that any penalty of $2,500 or greater (currently, any penalty) not paid within 120 days (currently, 60 days) of issuance of notice from the Department shall be submitted to the Department of Revenue (currently, the Attorney General's office) for collection as provided under the Illinois State Collection Act of 1986. Provides that the Department may prohibit any person from using a commercial weighing or measuring device for failure to pay an administrative monetary penalty within 60 days of issuance of notice from the Department. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Failed) 2019-01-09 - Session Sine Die [SB1366 Detail]
Download: Illinois-2017-SB1366-Engrossed.html
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| 1 | AN ACT concerning regulation.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Weights and Measures Act is amended by | ||||||
| 5 | changing Sections 40 and 56.1 as follows:
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| 6 | (225 ILCS 470/40) (from Ch. 147, par. 140)
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| 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
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| 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
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| 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.
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| 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.
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| 19 | (Source: P.A. 96-1333, eff. 7-27-10.)
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| 20 | (225 ILCS 470/56.1) (from Ch. 147, par. 156.1)
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| 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:
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| 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.
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| 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.
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| 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
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| 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.
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| 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.
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| 19 | (Source: P.A. 96-1333, eff. 7-27-10; 97-333, eff. 8-12-11.)
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| 20 | Section 99. Effective date. This Act takes effect upon | ||||||
| 21 | becoming law.
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