100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5102

 

Introduced , by Rep. Randy E. Frese

 

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

 

HB5102LRB100 16760 SMS 31900 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Weights and Measures Act is amended by
5changing Sections 16, 17, 40, and 41 as follows:
 
6    (225 ILCS 470/16)  (from Ch. 147, par. 116)
7    Sec. 16. The powers and duties given to and imposed upon
8the Director by Sections 9, 10, 11, 12, 13, 14, 15, 21 and 56 of
9this Act shall also be conferred upon the designated or
10appointed qualified persons, whenever they act under the
11instructions and at the direction of the Director.
12(Source: P.A. 96-1333, eff. 7-27-10.)
 
13    (225 ILCS 470/17)  (from Ch. 147, par. 117)
14    Sec. 17. Sealer weights and measures. In and for each city
15having a population of 2,000,000 or more, there shall be a
16sealer of weights and measures and such deputy sealers as may
17be required. The city sealer shall be responsible for all
18aspects of the weights and measures program within the
19jurisdictional city limits. In and for each city having a
20population of 25,000 or more according to the latest official
21United States census, there may be a sealer of weights and
22measures and such deputy sealers of weights and measures as may

 

 

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1be required. A city sealer is required to attend annual
2training workshops conducted by the Department.
3(Source: P.A. 88-600, eff. 9-1-94.)
 
4    (225 ILCS 470/40)  (from Ch. 147, par. 140)
5    Sec. 40. Inspection fee; Weights and Measures Fund. The
6Director and each sealer shall collect and receive from the
7user of weights and measures a commercial weighing or measuring
8device inspection fee. For the use of its Metrology Laboratory,
9the testing testings of weights and measures and such other
10inspection and services performed, the Department shall set a
11fee, the amount of which shall be according to a Schedule of
12Weights and Measures Inspection Fees established and published
13by the Director. The fees so collected and received by the
14State shall be deposited into a special fund to be known as the
15Weights and Measures Fund. All weights and measures inspection
16fees, metrology fees, weights and measures registrations, and
17weights and measures penalties collected by the Department
18under this Act shall be deposited into the Weights and Measures
19Fund. The amount annually collected shall be used by the
20Department for activities related to the enforcement of this
21Act and the Motor Fuel and Petroleum Standards Act, and for the
22State's share of the costs of the Field Automation Information
23Management project. No person shall be required to pay more
24than 2 inspection fees for any one weighing or measuring device
25in any one year when found to be accurate. When an inspection

 

 

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1is made upon a weighing or measuring device because of a
2complaint by a person other than the owner of such weighing or
3measuring device, and the device is found accurate as set forth
4in Section 8 of this Act, no inspection fee shall be paid by
5the complainant. Any time a weighing or measuring device is
6found to be inaccurate, the user shall pay the inspection fee.
7    If any person fails or refuses to pay, within 60 days after
8the issuance of notice from the Department, a fee authorized by
9this Section, the Department may prohibit that person from
10using commercial weighing and measuring devices. In addition to
11prohibiting the use of the device, the Department may also
12recover interest at the rate of 1% per month from the time the
13payment is owed to the Department until the time the Department
14recovers the fee.
15(Source: P.A. 100-155, eff. 8-18-17.)
 
16    (225 ILCS 470/41)  (from Ch. 147, par. 141)
17    Sec. 41. No person shall operate, upon the streets or
18highways of this State any vehicle tank used for commercial
19purposes unless such tank either is equipped with a meter or
20other device for measuring deliveries from the tank or has been
21calibrated for capacity and sealed by the Director. When a
22vehicle tank has been calibrated for capacity by the Director,
23he shall issue to the owner or operator a certificate of
24calibration in which is shown the calibrated capacity of each
25compartment. A copy of this certificate shall accompany the

 

 

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1vehicle tank at all times or kept on file available for
2examination either at the plant out of which the vehicle tank
3is operated or at a regional or principal Illinois office of
4the owner of the vehicle tank. Each compartment of a vehicle
5tank shall be marked with a statement of its capacity as
6defined by its indicator, located in a conspicuous place in
7letters and figures not less than one inch in height.
8Enforcement of this Section is reserved to the Director or to
9the sealer in a city having a population of 200,000 or greater
10according to the latest official United States census.
11(Source: P.A. 96-1333, eff. 7-27-10.)
 
12    (225 ILCS 470/9 rep.)
13    (225 ILCS 470/19 rep.)
14    (225 ILCS 470/20 rep.)
15    (225 ILCS 470/21 rep.)
16    Section 10. The Weights and Measures Act is amended by
17repealing Sections 9, 19, 20, and 21.