Bill Text: IL SB3094 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Weights and Measures Act. Provides that a city with a population of 2,000,000 or more shall have a sealer of weights and measures and such deputy sealers as may be required (rather than allowing a city with a population of 25,000 or more to have those individuals). Provides that the city sealer and deputy sealers shall be responsible for all aspects of the weights and measures program within the city. Removes provisions requiring the Director of Agriculture to test the standards of weights and measures procured by a city sealer. Removes provisions requiring a city inspector of weights and measures to submit an annual report. Removes provisions requiring a city with a sealer to provide certain equipment and resources at the city's expense. Removes provisions allowing the Director concurrent authority with the city to enforce the provisions of the Act. Removes language allowing a city sealer to collect and receive certain inspection fees. Makes other changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB3094 Detail]

Download: Illinois-2017-SB3094-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB3094 Introduced 2/15/2018, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
225 ILCS 470/16 from Ch. 147, par. 116
225 ILCS 470/17 from Ch. 147, par. 117
225 ILCS 470/40 from Ch. 147, par. 140
225 ILCS 470/41 from Ch. 147, par. 141
225 ILCS 470/9 rep.
225 ILCS 470/19 rep.
225 ILCS 470/20 rep.
225 ILCS 470/21 rep.
Amends the Weights and Measures Act. Provides that a city with a population of 2,000,000 or more shall have a sealer of weights and measures and such deputy sealers as may be required (rather than allowing a city with a population of 25,000 or more to have those individuals). Provides that the city sealer and deputy sealers shall be responsible for all aspects of the weights and measures program within the city. Removes provisions requiring the Director of Agriculture to test the standards of weights and measures procured by a city sealer. Removes provisions requiring a city inspector of weights and measures to submit an annual report. Removes provisions requiring a city with a sealer to provide certain equipment and resources at the city's expense. Removes provisions allowing the Director concurrent authority with the city to enforce the provisions of the Act. Removes language allowing a city sealer to collect and receive certain inspection fees. Makes other changes.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Weights and Measures Act is amended by
changing Sections 16, 17, 40, and 41 as follows:
(225 ILCS 470/16) (from Ch. 147, par. 116)
Sec. 16. The powers and duties given to and imposed upon
the Director by Sections 9, 10, 11, 12, 13, 14, 15, 21 and 56 of
this Act shall also be conferred upon the designated or
appointed qualified persons, whenever they act under the
instructions and at the direction of the Director.
(Source: P.A. 96-1333, eff. 7-27-10.)
(225 ILCS 470/17) (from Ch. 147, par. 117)
Sec. 17. Sealer weights and measures. In and for each city
having a population of 2,000,000 or more, there shall be a
sealer of weights and measures and such deputy sealers as may
be required. The city sealer shall be responsible for all
aspects of the weights and measures program within the
jurisdictional city limits. In and for each city having a
population of 25,000 or more according to the latest official
United States census, there may be a sealer of weights and
measures and such deputy sealers of weights and measures as may

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be required. A city sealer is required to attend annual
training workshops conducted by the Department.
(Source: P.A. 88-600, eff. 9-1-94.)
(225 ILCS 470/40) (from Ch. 147, par. 140)
Sec. 40. Inspection fee; Weights and Measures Fund. The
Director and each sealer shall collect and receive from the
user of weights and measures a commercial weighing or measuring
device inspection fee. For the use of its Metrology Laboratory,
the testing testings of weights and measures and such other
inspection and services performed, the Department shall set a
fee, the amount of which shall be according to a Schedule of
Weights and Measures Inspection Fees established and published
by the Director. The fees so collected and received by the
State shall be deposited into a special fund to be known as the
Weights and Measures Fund. All weights and measures inspection
fees, metrology fees, weights and measures registrations, and
weights and measures penalties collected by the Department
under this Act shall be deposited into the Weights and Measures
Fund. The amount annually collected shall be used by the
Department for activities related to the enforcement of this
Act and the Motor Fuel and Petroleum Standards Act, and for the
State's share of the costs of the Field Automation Information
Management project. No person shall be required to pay more
than 2 inspection fees for any one weighing or measuring device
in any one year when found to be accurate. When an inspection

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is made upon a weighing or measuring device because of a
complaint by a person other than the owner of such weighing or
measuring device, and the device is found accurate as set forth
in Section 8 of this Act, no inspection fee shall be paid by
the complainant. Any time a weighing or measuring device is
found to be inaccurate, the user shall pay the inspection fee.
If any person fails or refuses to pay, within 60 days after
the issuance of notice from the Department, a fee authorized by
this Section, the Department may prohibit that person from
using commercial weighing and measuring devices. In addition to
prohibiting the use of the device, the Department may also
recover interest at the rate of 1% per month from the time the
payment is owed to the Department until the time the Department
recovers the fee.
(Source: P.A. 100-155, eff. 8-18-17.)
(225 ILCS 470/41) (from Ch. 147, par. 141)
Sec. 41. No person shall operate, upon the streets or
highways of this State any vehicle tank used for commercial
purposes unless such tank either is equipped with a meter or
other device for measuring deliveries from the tank or has been
calibrated for capacity and sealed by the Director. When a
vehicle tank has been calibrated for capacity by the Director,
he shall issue to the owner or operator a certificate of
calibration in which is shown the calibrated capacity of each
compartment. A copy of this certificate shall accompany the

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vehicle tank at all times or kept on file available for
examination either at the plant out of which the vehicle tank
is operated or at a regional or principal Illinois office of
the owner of the vehicle tank. Each compartment of a vehicle
tank shall be marked with a statement of its capacity as
defined by its indicator, located in a conspicuous place in
letters and figures not less than one inch in height.
Enforcement of this Section is reserved to the Director or to
the sealer in a city having a population of 200,000 or greater
according to the latest official United States census.
(Source: P.A. 96-1333, eff. 7-27-10.)
(225 ILCS 470/9 rep.)
(225 ILCS 470/19 rep.)
(225 ILCS 470/20 rep.)
(225 ILCS 470/21 rep.)
Section 10. The Weights and Measures Act is amended by
repealing Sections 9, 19, 20, and 21.