093_HB2890enr

 
HB2890 Enrolled                      LRB093 08324 JAM 08542 b

 1        AN ACT concerning weights and measures.

 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 Section 40 as follows:

 6        (225 ILCS 470/40) (from Ch. 147, par. 140)
 7        Sec.  40.  Inspection  fee;  Weights  and  Measures Fund.
 8    Except as otherwise provided in Section 43, the Director  and
 9    each  sealer  shall  collect  and  receive  from  the user of
10    weights and  measures  a  commercial  weighing  or  measuring
11    device   inspection  fee.   For  the  use  of  its  Metrology
12    Laboratory, the testings of weights  and  measures  and  such
13    other inspection and services performed, the Department shall
14    set  a  fee,  the  amount  of  which  shall be according to a
15    Schedule of Weights and Measures Inspection Fees  established
16    and  published  by  the  Director.  The fees so collected and
17    received by the State shall be deposited into a special  fund
18    to  be  known  as the Weights and Measures Fund.  All weights
19    and measures inspection fees,  metrology  fees,  weights  and
20    measures  registrations,  and  weights and measures penalties
21    collected by the Department under this Act shall be deposited
22    into the Weights and  Measures  Fund.   The  amount  annually
23    collected  shall  be  used  by  the Department for activities
24    related to the enforcement of this Act and the Motor Fuel and
25    Petroleum Standards Act, and for the  State's  share  of  the
26    costs of the Field Automation Information Management project.
27    No  person  shall  be  required to pay more than 2 inspection
28    fees for any one weighing or measuring device in any one year
29    when found to be accurate.  When an inspection is made upon a
30    weighing or measuring device because  of  a  complaint  by  a
31    person  other  than  the  owner of such weighing or measuring
 
HB2890 Enrolled             -2-      LRB093 08324 JAM 08542 b
 1    device, and the device is found  accurate  as  set  forth  in
 2    Section 8 of this Act, no inspection fee shall be paid by the
 3    complainant.   Any  time  a  weighing  or measuring device is
 4    found to be inaccurate, the user  shall  pay  the  inspection
 5    fee.
 6        If any person fails or refuses to pay a fee authorized by
 7    this  Section,  the  Department may prohibit that person from
 8    using commercial weighing and measuring devices.
 9    (Source: P.A. 91-704, eff. 7-1-00; 92-676, eff. 7-16-02.)