SB2917 99TH GENERAL ASSEMBLY

LRB099 15934 MLM 40251 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2917

Introduced 2/18/2016, by Sen. Bill Cunningham

SYNOPSIS AS INTRODUCED:

225 ILCS 470/40	from Ch. 147, par. 140
225 ILCS 470/56.1	from Ch. 147, par. 156.1

Amends the Weights and Measures Act. Provides individuals 60 days after the issuance of notice from the Department of Agriculture to pay a fee or monetary penalty under the Act before the Department may prohibit that person from using commercial weighing and measuring devices. Provides that penalties not paid within 60 days of notice may (rather than shall) be submitted to the Attorney General's office for collection. Provides that the Department may prohibit a person from using a commercial weighing or measuring device for any administrative penalty not paid within 60 days' notice from the Department. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 40 and 56.1 as follows:

(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 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 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 or a monetary penalty resulting from an administrative hearing for a violation of this Act, 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. 96-1333, eff. 7-27-10.)

(225 ILCS 470/56.1) (from Ch. 147, par. 156.1)

Sec. 56.1. Administrative penalties; judicial review. When an administrative hearing is held, the hearing officer, upon determination of any violation of any Section of this Act shall levy the following administrative monetary penalties:

(A) A penalty of $500 for a first violation.

(B) A penalty of $1,500 for a second violation at the same location within 2 years of the first violation.

(C) A penalty of $2,500 for a third or subsequent violation at the same location within 2 years of the second violation.

The penalty so levied shall be collected by the Department. Any penalty not paid within 60 days of notice from the Department may shall be submitted to the Attorney General's office for collection. The Department may prohibit a person from using a commercial weighing or measuring device for any administrative penalty not paid within 60 days' notice from the Department.

All final administrative decisions of the Department are subject to judicial review under the Administrative Review Law. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.

(Source: P.A. 96-1333, eff. 7-27-10; 97-333, eff. 8-12-11.)

Section 99. Effective date. This Act takes effect upon becoming law.