Full Text of HB5102 100th General Assembly
HB5102 100TH GENERAL ASSEMBLY |
| | 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.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB5102 | | LRB100 16760 SMS 31900 b |
|
| 1 | | AN ACT concerning regulation.
| 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 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 | 8 | | the Director by
Sections 9, 10, 11, 12, 13, 14, 15, 21 and 56 of | 9 | | this Act
shall also be conferred upon the designated or | 10 | | appointed qualified persons,
whenever they act under the
| 11 | | instructions 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 | 15 | | having a population of 2,000,000 or more, there shall be a | 16 | | sealer of weights and measures and such deputy sealers as may | 17 | | be required. The city sealer shall be responsible for all | 18 | | aspects of the weights and measures program within the | 19 | | jurisdictional city limits. In and for each city having a
| 20 | | population of 25,000 or more according
to the latest official | 21 | | United States census, there may be a sealer of weights
and | 22 | | measures and such deputy sealers of weights and measures as may |
| | | HB5102 | - 2 - | LRB100 16760 SMS 31900 b |
|
| 1 | | be
required. A city sealer is required to attend annual | 2 | | training 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 | 6 | | Director and each sealer shall collect and receive
from the | 7 | | user of weights and measures a commercial weighing or measuring | 8 | | device
inspection fee. For the use of its Metrology Laboratory, | 9 | | the testing testings of
weights and measures and such other | 10 | | inspection and services performed, the
Department shall set a | 11 | | fee, the amount of which shall be according to a
Schedule of | 12 | | Weights and Measures Inspection Fees established and published | 13 | | by
the Director. The fees so collected and received by the | 14 | | State shall be
deposited into a special fund to be known as the | 15 | | Weights and Measures Fund.
All weights and measures inspection | 16 | | fees, metrology fees, weights and measures
registrations, and | 17 | | weights and measures penalties collected by the Department
| 18 | | under this Act shall be deposited into the Weights and Measures | 19 | | Fund. The
amount annually collected shall be used by the | 20 | | Department for activities
related to the enforcement of this | 21 | | Act and the Motor Fuel and Petroleum
Standards Act, and for the | 22 | | State's share of the costs of the Field Automation
Information | 23 | | Management project. No person shall be required to pay more
| 24 | | than 2 inspection fees for any one weighing or measuring device | 25 | | in any one
year when found to be accurate. When an inspection |
| | | HB5102 | - 3 - | LRB100 16760 SMS 31900 b |
|
| 1 | | is made upon a weighing or
measuring device because of a | 2 | | complaint by a person other than the owner of
such weighing or | 3 | | measuring device, and the device is found accurate as set
forth | 4 | | in Section 8 of this Act, no inspection fee shall be paid by | 5 | | the
complainant. Any time a weighing or measuring device is | 6 | | found to be
inaccurate, the user shall pay the inspection fee.
| 7 | | If any person fails or refuses to pay, within 60 days after | 8 | | the issuance of notice from the Department, a fee authorized by | 9 | | this Section,
the Department may prohibit that person from | 10 | | using commercial weighing and
measuring devices. In addition to | 11 | | prohibiting the use of the device, the Department may also | 12 | | recover interest at the rate of 1% per month from the time the | 13 | | payment is owed to the Department until the time the Department | 14 | | recovers 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 | 18 | | highways of this
State any vehicle tank used for commercial | 19 | | purposes unless such tank either
is equipped with a meter or | 20 | | other device for measuring deliveries from the
tank or has been | 21 | | calibrated for capacity and sealed by the Director. When a
| 22 | | vehicle tank has been calibrated for capacity by the Director, | 23 | | he shall
issue to the owner or operator a certificate of | 24 | | calibration in which is
shown the calibrated capacity of each | 25 | | compartment. A copy of this
certificate shall accompany the |
| | | HB5102 | - 4 - | LRB100 16760 SMS 31900 b |
|
| 1 | | vehicle tank at all times or kept on file
available for | 2 | | examination either at the plant out of which the vehicle tank
| 3 | | is operated or at a regional or principal Illinois office of | 4 | | the owner of
the vehicle tank. Each compartment of a vehicle | 5 | | tank shall be marked with a
statement of its capacity as | 6 | | defined by its indicator, located in a
conspicuous place in | 7 | | letters and figures not less than one inch in height.
| 8 | | Enforcement of this Section is reserved to the Director or to | 9 | | the sealer in
a city having a population of 200,000 or greater | 10 | | according 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 | 17 | | repealing Sections 9, 19, 20, and 21.
|
|