Full Text of SB2573 96th General Assembly
SB2573sam001 96TH GENERAL ASSEMBLY
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Sen. Michael W. Frerichs
Filed: 2/22/2010
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| AMENDMENT TO SENATE BILL 2573
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| AMENDMENT NO. ______. Amend Senate Bill 2573 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Weights and Measures Act is amended by | 5 |
| changing Sections 2, 6, 7, 8, 8.1, 10, 11, 12, 13, 14, 15, 16, | 6 |
| 19, 20, 21, 23, 26, 30, 40, 41, 52, 54, 55, 56, and 56.1 as | 7 |
| follows:
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| (225 ILCS 470/2) (from Ch. 147, par. 102)
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| Sec. 2. Definitions. As used in this Act:
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| "Person" means both singular and plural as the case | 11 |
| demands,
and includes individuals, partnerships, corporations, | 12 |
| companies, societies
and associations.
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| "Weights and measures" means all weights and measures of | 14 |
| every kind,
instruments and devices for weighing and measuring, | 15 |
| and any appliances and
accessories associated with any or all | 16 |
| such instruments and devices,
including all grain moisture |
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| measuring devices, but does not include meters
for the | 2 |
| measurement of electricity, gas (natural or manufactured) or | 3 |
| water
operated in a public utility system. These electricity | 4 |
| meters,
gas
meters, and water
meters, and their appliances or | 5 |
| accessories, and slo
flo meters,
are specifically excluded from | 6 |
| the scope and applicability of this Act.
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| "Sell" and "sale" includes barter and exchange.
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| "Director" means the Director of Agriculture.
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| "Department" means the Department of Agriculture.
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| "Inspector" means an inspector of weights and measures of | 11 |
| this
State.
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| "Sealer" and "deputy sealer" mean, respectively, a sealer | 13 |
| of weights
and measures and a deputy sealer of weights and | 14 |
| measures of a city.
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| "Intrastate commerce" means any and all commerce or trade | 16 |
| that is
commenced, conducted and completed wholly within the | 17 |
| limits of this State,
and the phrase "introduced into | 18 |
| intrastate commerce" means the time and
place at which the | 19 |
| first sale and delivery being made either directly to
the | 20 |
| purchaser or to a carrier for shipment to the purchaser.
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| "Commodity in package form" means a commodity put up or | 22 |
| packaged in
any manner in advance of sale in units suitable for | 23 |
| either wholesale or
retail sale, excluding any auxiliary | 24 |
| shipping container enclosing packages
which individually | 25 |
| conform to the requirements of this Act. An individual
item or | 26 |
| lot of any commodity not in package form as defined in this |
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| Section
but on which there is marked a selling price based on | 2 |
| an established price
per unit of weight or of measure shall be | 3 |
| deemed a commodity in package
form.
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| "Consumer package" and "package of consumer commodity" | 5 |
| mean any
commodity in package form that is customarily produced | 6 |
| or distributed for
sale through retail sales agencies or | 7 |
| instrumentalities for consumption by
individuals or use by | 8 |
| individuals for the purposes of personal care or in
the | 9 |
| performance of services ordinarily rendered in or about the | 10 |
| household
or in connection with personal possessions, and which | 11 |
| usually is consumed
or expended in the course of such | 12 |
| consumption or use.
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| "Nonconsumer package" and "package of nonconsumer | 14 |
| commodity" mean
any commodity in package form other than a | 15 |
| consumer package, and
particularly a package designed solely | 16 |
| for industrial or institutional use
or for wholesale | 17 |
| distribution only.
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| "Certificate of Conformance" means a document issued by the
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| National Conference on Weights and Measures based on
testing in | 20 |
| participating laboratories
that indicates that the weights and | 21 |
| measures or weighing and
measuring
device conform with the | 22 |
| requirements of National Institute of
Standards and | 23 |
| Technology's
Handbooks 44, 105-1, 105-2, 105-3, or 105-4 , or | 24 |
| 105-8 and any subsequent
revisions or
supplements thereto.
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| "Prepackage inspection violation" means that the majority | 26 |
| of the
lots of prepackaged commodities inspected at a single |
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| location are found to
have one or more packages below the | 2 |
| maximum allowable variation as
published in the National | 3 |
| Institute of Standards and
Technology Handbook 133 or the
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| majority of the lots inspected at a single location are found | 5 |
| to be below
the stated net weight declaration on an average.
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| (Source: P.A. 92-676, eff. 7-16-02.)
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| (225 ILCS 470/6) (from Ch. 147, par. 106)
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| Sec. 6.
The Director shall be, ex officio, the director of | 9 |
| weights
and measures for the State of Illinois. The Director | 10 |
| may designate or
appoint qualified persons to represent him in | 11 |
| carrying out his
responsibilities as set forth in this Act. | 12 |
| There shall be State
inspectors of weights and measures and | 13 |
| necessary technical and clerical
personnel, appointed by the | 14 |
| Director director in compliance with regulations of
the | 15 |
| Department of Central Management Services to hold
office during | 16 |
| good behavior, and to
constitute the weights and measures | 17 |
| staff.
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| (Source: P.A. 82-789.)
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| (225 ILCS 470/7) (from Ch. 147, par. 107)
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| Sec. 7.
The Director director shall maintain custody of the | 21 |
| State standards of
weight and measure and of other standards | 22 |
| and equipment provided for by
this Act and shall keep accurate | 23 |
| records thereof. The Director director shall
enforce the | 24 |
| provisions of this Act, shall maintain general supervision of
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| weights and measures offered for sale, sold or in use in this | 2 |
| State, and
shall submit an annual report to the Governor each | 3 |
| January, summarizing all
activities of his office.
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| (Source: Laws 1963, p. 3433.)
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| (225 ILCS 470/8) (from Ch. 147, par. 108)
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| Sec. 8. Regulations; issuance; contents. The Director | 7 |
| shall from time to
time issue reasonable regulations
for | 8 |
| enforcement of this Act that shall have the force and effect of
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| law. In
determining these regulations, he shall appoint, | 10 |
| consult
with, and be advised by
committees representative of | 11 |
| industries to be affected by the
regulations.
These regulations | 12 |
| may include (1) standards of net weight, measure or
count, and | 13 |
| reasonable standards of fill, for any commodity in package | 14 |
| form,
(2) rules governing the technical and reporting | 15 |
| procedures to be followed
and the report and record forms and | 16 |
| marks of approval and rejection to be
used by inspectors of | 17 |
| weights and measures in the discharge of their
official duties, | 18 |
| and (3) exemptions from the sealing or marking
requirements of | 19 |
| Section 14 of this Act with respect to weights and
measures of | 20 |
| such character or size that such sealing or marking would be
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| inappropriate, impracticable, or damaging to the apparatus in | 22 |
| question.
These regulations shall include specifications, | 23 |
| tolerances, and regulations
for weights and measures, of the | 24 |
| character of those specified in Section 10
of this Act, | 25 |
| designed to eliminate from use (without prejudice to
apparatus |
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| that conforms as closely as practicable to the official
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| standards) such weights and measures as are (1) inaccurate, (2) | 3 |
| of faulty
construction (that is, not reasonably permanent in | 4 |
| their adjustment or not
capable of correct repetition of their | 5 |
| indications), or (3) conducive to
the perpetration of fraud. | 6 |
| Specifications, tolerances, and regulations for
commercial | 7 |
| weighing and measuring devices recommended by the National
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| Institute of Standards and Technology and published in
National | 9 |
| Institute of Standards and Technology Handbook
44 and | 10 |
| supplements thereto or in any publication revising or | 11 |
| superseding
Handbook 44, shall be the specifications, | 12 |
| tolerances, and regulations for
commercial weighing and | 13 |
| measuring devices of this State, except insofar as
specifically | 14 |
| modified, amended, or rejected by a regulation issued by the
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| Director.
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| The National Institute of Standards and Technology
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| Handbook 133 and its supplements, or any publication revising | 18 |
| or superseding Handbook 133, shall be the
method for checking | 19 |
| the net contents of commodities in package form. The
National | 20 |
| Institute of Standards and Technology Handbooks
105-1, 105-2, | 21 |
| 105-3, 105-4, 105-8, and their supplements, or any publication | 22 |
| revising or superseding Handbooks
105-1, 105-2,
105-3, and | 23 |
| 105-4 , and 105-8 shall be specifications and tolerances for | 24 |
| reference
standards and
field standards weights and measures.
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| For purposes of this Act, apparatus shall be deemed | 26 |
| "correct"
when it conforms to all applicable requirements |
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| promulgated as specified in
this Section. Apparatus that does | 2 |
| not conform to all applicable
requirements shall be deemed | 3 |
| "incorrect".
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| The Director is authorized to prescribe by regulation, | 5 |
| after
public hearings, container sizes for fluid dairy products | 6 |
| in addition
to those sizes provided in Section 47 and container | 7 |
| sizes for ice cream,
frozen desserts, and similar items.
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| The Uniform Packaging and Labeling Regulation and the | 9 |
| Uniform Regulation
for the Method of Sale of Commodities in the | 10 |
| National Institute
of
Standards
and Technology Handbook 130, | 11 |
| and any of its subsequent supplements or
revisions, shall be
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| the requirements and standards governing the packaging, | 13 |
| labeling, and
method
of sale of commodities for this State, | 14 |
| except insofar as specifically
modified, amended, or rejected | 15 |
| by regulation issued by the Director.
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| (Source: P.A. 88-600, eff. 9-1-94.)
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| (225 ILCS 470/8.1) (from Ch. 147, par. 108.1)
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| Sec. 8.1.
Registration of servicepersons, service agents, | 19 |
| and
special sealers. No person,
firm, or corporation shall | 20 |
| sell, install, service, recondition or repair a
weighing or | 21 |
| measuring device used in trade or commerce without first | 22 |
| obtaining
a certificate of registration. Applications by | 23 |
| individuals for a certificate
of registration shall be made to | 24 |
| the Department, shall be in writing on forms
prescribed by the | 25 |
| Department, and shall be accompanied by the required fee.
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| Each application shall provide such information that will | 2 |
| enable the
Department to pass on the qualifications of the | 3 |
| applicant for the
certificate of registration. The information | 4 |
| requests shall
include
present residence, location of the | 5 |
| business to be licensed under this Act,
whether the applicant | 6 |
| has had any previous registration under this Act or
any | 7 |
| federal, state, county, or local law, ordinance, or regulation
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| relating
to servicepersons and service Agencies, whether the | 9 |
| applicant has
ever had
a registration suspended or revoked, | 10 |
| whether the applicant has been
convicted of a felony, and such | 11 |
| other information as the Department deems
necessary to | 12 |
| determine if the applicant is qualified to receive a
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| certificate of registration.
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| Before any certificate of registration is issued, the | 15 |
| Department shall
require the registrant to meet the following | 16 |
| qualifications:
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| (1) Has possession of or available for use weights and
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| measures, standards,
and testing equipment appropriate in | 19 |
| design and adequate in amount to provide
the services for | 20 |
| which the person is requesting registration.
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| (2) Passes a qualifying examination for each type of | 22 |
| weighing
or measuring
device he intends to install, | 23 |
| service, recondition, or repair.
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| (3) Demonstrates a working knowledge of weighing and | 25 |
| measuring
devices
for which he intends to be registered.
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| (4) Has a working knowledge of all appropriate weights |
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| and
measures laws
and their rules and regulations.
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| (5) Has available a current copy of National Institute | 3 |
| of Standards and
Technology Handbook 44.
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| (6) Pays the prescribed registration fee for the type | 5 |
| of
registration:
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| (A) The annual fee for a Serviceperson Certificate | 7 |
| of
Registration shall be
$25.
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| (B) The annual fee for a Special Sealer Certificate | 9 |
| of
Registration shall
be
$50.
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| (C) The annual fee for a Service Agency Certificate | 11 |
| of
Registration shall
be
$50.
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| "Registrant" means any individual, partnership, | 13 |
| corporation, agency, firm,
or company registered by the | 14 |
| Department who installs, services, repairs,
or reconditions, | 15 |
| for hire, award, commission, or any other payment of
any
kind, | 16 |
| any commercial weighing or measuring device.
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| "Commercial weighing and measuring device" means any | 18 |
| weight or measure
or weighing or measuring device commercially | 19 |
| used or employed (i) in
establishing
size, quantity, extent, | 20 |
| area, or measurement of quantities, things, produce,
or | 21 |
| articles for distribution or consumption which are purchased, | 22 |
| offered,
or submitted for sale, hire, or award, or (ii) in | 23 |
| computing any basic
charge
or payment for services rendered, | 24 |
| except as otherwise excluded by Section
2 of this Act, and | 25 |
| shall also include any accessory attached to or used
in | 26 |
| connection with a commercial weighing or measuring device when |
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| the
accessory is so designed or installed that its operation | 2 |
| affects, or may
affect, the accuracy of the device.
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| "Serviceperson" means any individual who sells, installs, | 4 |
| services,
repairs, or
reconditions, for hire, award, | 5 |
| commission, or any other payment of
kind,
a commercial weighing | 6 |
| or measuring device.
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| "Service agency" means any individual, agency, firm, | 8 |
| company, or corporation
that, for hire, award, commission, or | 9 |
| any other payment of
any kind, sells, installs,
services, | 10 |
| repairs, or reconditions a commercial weighing or measuring | 11 |
| device.
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| "Special sealer" means any serviceperson who is allowed to | 13 |
| service only one
service agency's liquid petroleum meters or | 14 |
| liquid petroleum measuring
devices.
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| Each registered service agency and serviceperson shall | 16 |
| have report forms,
known as "Placed in Service Reports". An | 17 |
| original and 2 copies of these These forms shall be
executed | 18 |
| and in
triplicate, shall include the assigned registration | 19 |
| number (in the case
where a registered serviceperson is | 20 |
| representing a registered service
agency both assigned | 21 |
| registration numbers shall be included), and shall be
signed by | 22 |
| a registered serviceperson or by a registered serviceperson
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| representing a registered service agency for each rejected or | 24 |
| repaired
device restored to service and for each newly | 25 |
| installed device placed in
service.
Whenever a registered | 26 |
| serviceperson or special sealer places into service a
weighing |
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| or
measuring device, there shall be affixed to the device | 2 |
| indicator a decal
provided by the Department that indicates the | 3 |
| device accuracy.
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| Within 5 days after a device is restored to service or | 5 |
| placed in service,
the original of a properly executed "Placed | 6 |
| in Service Report", together
with any official rejection tag or | 7 |
| seal removed from the device, shall be
mailed to the | 8 |
| Department. A The duplicate copy of the report shall be handed
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| to the owner or operator of the device and a the triplicate | 10 |
| copy of the report
shall be retained by the service agency or | 11 |
| serviceperson.
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| All field standards that are used for servicing and testing | 13 |
| weights and measures devices for which competence is registered | 14 |
| shall be submitted to the Director for initial and subsequent | 15 |
| verification and calibration at least once every 2 years or as | 16 |
| otherwise determined by the Director. When servicing | 17 |
| commercial weighing or measuring devices, a registered | 18 |
| serviceperson or registered service agency shall not use any | 19 |
| field standards or testing equipment that have not been | 20 |
| calibrated or verified by the Director. In lieu of submission | 21 |
| of physical standards, the Director may accept calibration | 22 |
| reports, verification reports, or both from any laboratory that | 23 |
| is formally accredited or recognized. The Director shall | 24 |
| maintain a list of organizations from which the Department will | 25 |
| accept calibration reports. The Department shall retain the | 26 |
| right to monitor periodically calibration results, to verify |
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| field standard compliance to specifications and tolerance when | 2 |
| field standards are initially placed into service or at any | 3 |
| intermediate point between calibration, or both. | 4 |
| A registered service agency and a registered serviceperson | 5 |
| shall submit,
at least once every 2 years to the Department for | 6 |
| examination
and
certification, any standards and testing | 7 |
| equipment that are used, or are to
be used, in the performance | 8 |
| of the service and testing functions with
respect to weighing | 9 |
| and measuring devices for which competence is
registered. A | 10 |
| registered serviceperson or agency shall not use in
servicing | 11 |
| commercial weighing and measuring devices any standards or
| 12 |
| testing equipment that have not been certified by the | 13 |
| Department.
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| When a serviceperson's or service agency's weights and | 15 |
| measures are carried
to a National Institute of Standards and | 16 |
| Technology approved
out-of-state weights and measures
| 17 |
| laboratory for inspection and testing, the serviceperson
or | 18 |
| service agency
shall be responsible for providing the | 19 |
| Department a copy of the current
certification of all weights | 20 |
| and measures used in the repair, service, or
testing of | 21 |
| weighing or measuring devices within the State of Illinois.
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| All registered servicepersons placing into service
scales | 23 |
| in excess of
30,000 pounds shall have a minimum of 10,000 | 24 |
| pounds of State approved
certified test weights to accurately | 25 |
| test a scale.
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| Persons working as apprentices are not subject to |
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| registration if they
work with and under the supervision of a | 2 |
| registered serviceperson.
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| The Director is authorized to promulgate, after public | 4 |
| hearing, rules
and regulations necessary to enforce the | 5 |
| provisions of this Section.
| 6 |
| For good cause and after a hearing upon reasonable notice, | 7 |
| the Director
may deny any application for registration or any | 8 |
| application for renewal
of registration, or may revoke or | 9 |
| suspend the registration of any registrant.
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| The Director may publish from time to time as he deems | 11 |
| appropriate, and
may supply upon request, lists of registered | 12 |
| servicepersons and registered
service agencies.
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| All final administrative decisions of the Director under | 14 |
| this Section shall
be subject to judicial review under the | 15 |
| Administrative
Review Law. The term "administrative
decision"
| 16 |
| is defined as in Section 1 of the Administrative Review Law.
| 17 |
| (Source: P.A. 93-32, eff. 7-1-03.)
| 18 |
| (225 ILCS 470/10) (from Ch. 147, par. 110)
| 19 |
| Sec. 10. Inspection. Unless otherwise provided by law, the | 20 |
| Director may
inspect and
test all weights and measures held, | 21 |
| offered, or exposed for sale to
ascertain if they are correct. | 22 |
| The Except as otherwise provided in Section
43, the Director | 23 |
| shall, within each period of 12 months or more
frequently if | 24 |
| necessary, inspect and test all law enforcement scales used to
| 25 |
| determine vehicle weights and
all weights and measures
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| commercially used (1) in determining the weight, measurement, | 2 |
| or count of
commodities or things sold or offered or exposed | 3 |
| for sale on the basis of
weight, measure, or count or (2) in | 4 |
| computing the basic charge or
payment
for services rendered on | 5 |
| the basis of weight, measure, or count to
ascertain if they are | 6 |
| correct. However, with respect to single-service
devices | 7 |
| (meaning those designed to be used commercially only once and | 8 |
| then
discarded) and devices uniformly mass-produced, as by | 9 |
| means of a mold or
die, and not susceptible to individual | 10 |
| adjustment, such tests may be
made
on representative samples of | 11 |
| these devices. The lots
of which such
samples are | 12 |
| representative shall be held to be correct or incorrect upon
| 13 |
| the basis of the results of the inspections and tests on the
| 14 |
| samples.
| 15 |
| (Source: P.A. 88-600, eff. 9-1-94.)
| 16 |
| (225 ILCS 470/11) (from Ch. 147, par. 111)
| 17 |
| Sec. 11.
The Director director shall investigate | 18 |
| complaints received by him
concerning violations of the | 19 |
| provisions of this Act and shall conduct such
investigations as | 20 |
| he deems appropriate and advisable to develop information
on | 21 |
| prevailing procedures in commercial quantity determination and | 22 |
| on
possible violations of the provisions of this Act and to | 23 |
| promote the
general objective of accuracy in the determination | 24 |
| and representation of
quantity in commercial transactions.
| 25 |
| (Source: Laws 1963, p. 3433.)
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| (225 ILCS 470/12) (from Ch. 147, par. 112)
| 2 |
| Sec. 12.
The Director director shall from time to time | 3 |
| weigh or measure and inspect
packages or amounts of commodities | 4 |
| held, offered or exposed for sale or
sold or in the process of | 5 |
| delivery, to determine whether they contain the
amounts | 6 |
| represented and are being held, offered or exposed for sale or | 7 |
| were
sold in accordance with law. When such packages or amounts | 8 |
| of commodities
are thus determined not to contain the amounts | 9 |
| represented or are found to
be kept, offered or exposed for | 10 |
| sale in violation of law, the Director director may
restrain | 11 |
| such offer, exposure or sale by order and may so mark or | 12 |
| identify
them to indicate the illegality thereof. In carrying | 13 |
| out the provisions of
this Section, the Director director may | 14 |
| employ recognized sampling procedures under
which the | 15 |
| compliance of a given lot of packages will be determined on the
| 16 |
| basis of the result obtained on a sample selected from and | 17 |
| representative
of such lot. No person shall (1) sell, or keep, | 18 |
| offer or expose for sale in
intrastate commerce any package or | 19 |
| amount of commodity that has been
ordered off sale or marked or | 20 |
| identified as provided in this Section unless
and until such | 21 |
| package or amount of commodity fully complies with all legal
| 22 |
| requirements, or (2) dispose of any package or amount of | 23 |
| commodity that has
been ordered off sale or marked or | 24 |
| identified as provided in this Section
and that does not comply | 25 |
| with legal requirements in any manner except with
the specific |
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| approval of the Director director.
| 2 |
| (Source: Laws 1963, p. 3433.)
| 3 |
| (225 ILCS 470/13) (from Ch. 147, par. 113)
| 4 |
| Sec. 13.
The Director director may issue stop-use orders, | 5 |
| stop-removal orders
and removal orders with respect to weights | 6 |
| and measures being or
susceptible of being commercially used, | 7 |
| and may issue stop-removal
orders and removal orders with | 8 |
| respect to packages or amounts of
commodities kept, offered or | 9 |
| exposed for sale or sold or in process of
delivery, whenever in | 10 |
| the course of his enforcement of the provisions of
this Act he | 11 |
| deems it necessary or expedient to issue such orders. No
person | 12 |
| shall use, remove or fail to remove from the premises specified
| 13 |
| any weight, measure or package or amount of commodity contrary | 14 |
| to the
terms of a stop-use order, stop-removal order or removal | 15 |
| order issued
pursuant to this Section.
| 16 |
| (Source: Laws 1963, p. 3433.)
| 17 |
| (225 ILCS 470/14) (from Ch. 147, par. 114)
| 18 |
| Sec. 14.
Upon inspection and test, the Director director | 19 |
| shall approve for use and
may seal or mark with appropriate | 20 |
| devices such weights and measures as he
finds to be "correct" | 21 |
| and shall reject and mark or tag as "rejected" such
weights and | 22 |
| measures as he finds to be "incorrect" (but susceptible of
| 23 |
| satisfactory repair), as defined in Section 8 of this Act. Such | 24 |
| sealing
or marking is unnecessary with respect to such weights |
|
|
|
09600SB2573sam001 |
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LRB096 16631 JDS 37424 a |
|
| 1 |
| and measures as may
be exempted therefrom by a regulation of | 2 |
| the Director director issued pursuant to
Section 8 of this Act. | 3 |
| The Director director shall condemn and may seize and may
| 4 |
| destroy weights and measures found to be "incorrect" which, in | 5 |
| his best
judgment, are not susceptible of satisfactory repair. | 6 |
| Weights and measures
that have been rejected may be confiscated | 7 |
| and destroyed by the Director director if
not corrected | 8 |
| pursuant to, or if used or disposed of contrary to, Section
22 | 9 |
| of this Act.
| 10 |
| (Source: Laws 1963, p. 3433.)
| 11 |
| (225 ILCS 470/15) (from Ch. 147, par. 115)
| 12 |
| Sec. 15.
To enforce this Act and other Acts dealing with | 13 |
| weights and
measures and enforceable by him, the Director | 14 |
| director is vested with special police
powers, and may without | 15 |
| formal warrant both arrest any violator of such
Acts and seize | 16 |
| for use as evidence incorrect or unsealed weights and
measures | 17 |
| or amounts or packages of commodity found to be used, retained,
| 18 |
| offered or exposed for sale or sold in violation of law. In | 19 |
| performance of
his official duties, the Director director may | 20 |
| enter and go into or upon any
structure or premises without | 21 |
| formal warrant and may stop any person and
require him to | 22 |
| proceed, with or without any vehicle of which he may be in
| 23 |
| control, to a place specified by the Director director .
| 24 |
| (Source: Laws 1963, p. 3433.)
|
|
|
|
09600SB2573sam001 |
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LRB096 16631 JDS 37424 a |
|
| 1 |
| (225 ILCS 470/16) (from Ch. 147, par. 116)
| 2 |
| Sec. 16.
The powers and duties given to and imposed upon | 3 |
| the Director director by
Sections 9, 10, 11, 12, 13, 14, 15, 21 | 4 |
| and 56 of this Act
shall also be conferred upon the designated | 5 |
| or appointed qualified persons,
whenever they act under the
| 6 |
| instructions and at the direction of the Director director .
| 7 |
| (Source: P.A. 79-551 .)
| 8 |
| (225 ILCS 470/19) (from Ch. 147, par. 119)
| 9 |
| Sec. 19.
Subject to the annual training provisions of | 10 |
| Section 17, the The sealer of a city, and each of his deputy | 11 |
| sealers when acting
under his instructions and at his | 12 |
| direction, has the same powers and duties
within the city for | 13 |
| which appointed as are conferred upon the director by
Sections | 14 |
| 10, 11, 12, 13, 14, 15 and 56 of this Act. With respect to
| 15 |
| Section 10, in cities of less than 200,000 population, the | 16 |
| powers and
duties shall be strictly limited to weighing and | 17 |
| measuring devices used in
retail trade including, for example, | 18 |
| weighing scales of a nominal capacity
not greater than 400 | 19 |
| pounds, retail liquid-measuring devices, taximeters,
| 20 |
| odometers, fabric-measuring devices and cordage-measuring | 21 |
| devices.
| 22 |
| The city inspector of weights and measures shall keep a | 23 |
| complete record
of all his official acts and shall submit an | 24 |
| annual report to the council
of the city, and an annual report | 25 |
| ( by January 15 on July 1 ) under oath to the Director of
|
|
|
|
09600SB2573sam001 |
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LRB096 16631 JDS 37424 a |
|
| 1 |
| Agriculture on blanks furnished by him, and any special reports | 2 |
| that the
Director of Agriculture may request. Failure of a city | 3 |
| sealer of weights and measures and each of his or her deputy | 4 |
| sealers to attend annual training workshops conducted by the | 5 |
| Department or to provide an annual report to the Director or | 6 |
| any other special report that the Director requests may | 7 |
| invalidate the authority of a city sealer to enforce any | 8 |
| provision of this Act or its regulations.
| 9 |
| (Source: Laws 1963, p. 3433.)
| 10 |
| (225 ILCS 470/20) (from Ch. 147, par. 120)
| 11 |
| Sec. 20.
The common or legislative council of each city for | 12 |
| which a sealer
has been appointed pursuant to Section 17 of | 13 |
| this Act shall (1) procure
at the expense of the city such | 14 |
| standards of weight and measure and such
additional equipment, | 15 |
| to be used for the enforcement of the provisions of
this Act in | 16 |
| such city, as may be prescribed by the Director director , (2) | 17 |
| provide a
suitable office for the sealer, and (3) make | 18 |
| provision for the necessary
clerical services, supplies and | 19 |
| transportation and for defraying contingent
expenses incident | 20 |
| to the official activities of the sealer in carrying out
the | 21 |
| provisions of this Act. When the standards of weight and | 22 |
| measure thus
required to be provided by a city have been | 23 |
| examined and approved by the
Director director , they shall be | 24 |
| the official standards for such city. The sealer
shall make or | 25 |
| cause to be made at least annual comparisons between his
field |
|
|
|
09600SB2573sam001 |
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LRB096 16631 JDS 37424 a |
|
| 1 |
| standards and appropriate standards of a higher order belonging | 2 |
| to
his city or to the State, in order to maintain such field | 3 |
| standards in
accurate condition.
| 4 |
| (Source: Laws 1963, p. 3433.)
| 5 |
| (225 ILCS 470/21) (from Ch. 147, par. 121)
| 6 |
| Sec. 21.
In cities for which sealers of weights and | 7 |
| measures have been
appointed pursuant to this Act, the Director | 8 |
| director shall have concurrent
authority to enforce the | 9 |
| provisions of this Act. The legislative body of
each such city | 10 |
| may, by ordinance, prescribe the duties of the sealer and
enact | 11 |
| regulatory measures more restrictive than, but otherwise | 12 |
| consistent
with, the provisions of this Act.
| 13 |
| (Source: Laws 1963, p. 3433.)
| 14 |
| (225 ILCS 470/23) (from Ch. 147, par. 123)
| 15 |
| Sec. 23.
Commodities in liquid form shall be sold only by | 16 |
| liquid measure or
by weight, and, except as otherwise provided | 17 |
| in this Act, commodities not
in liquid form shall be sold only | 18 |
| by weight, by measure of length or area,
or by count. However, | 19 |
| liquid commodities may be sold by weight and
commodities not in | 20 |
| liquid form may be sold by count only if such methods
give | 21 |
| accurate information as to the quantity of commodity sold.
| 22 |
| The provisions of this Section do not apply (1) to | 23 |
| commodities sold for
immediate consumption upon the premises | 24 |
| where sold, (2) to vegetables sold
by the head or bunch, (3) to |
|
|
|
09600SB2573sam001 |
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LRB096 16631 JDS 37424 a |
|
| 1 |
| commodities in containers standardized by a
law of this State | 2 |
| or by Federal law, (4) to commodities in package form
when | 3 |
| there exists a general consumer usage to express the quantity | 4 |
| in some
other manner, (5) to concrete aggregates, concrete | 5 |
| mixtures and loose solid
materials such as earth, soil, gravel, | 6 |
| crushed stone and the like, when
sold by cubic measure, or (6) | 7 |
| to unprocessed vegetable and animal
fertilizer sold by cubic | 8 |
| measure. The Director director may issue such reasonable
| 9 |
| regulations as are necessary to assure that amounts of | 10 |
| commodity sold are
determined in accordance with good | 11 |
| commercial practice and are so
determined and represented as to | 12 |
| be accurate and informative to all parties
at interest.
| 13 |
| (Source: Laws 1963, p. 3433.)
| 14 |
| (225 ILCS 470/26) (from Ch. 147, par. 126)
| 15 |
| Sec. 26.
No commodity in package form shall be so wrapped, | 16 |
| nor shall it be
in a container so made, formed or filled, as to | 17 |
| mislead the purchaser as to
the quantity of the contents of the | 18 |
| package, and the contents of a
container shall not fall below | 19 |
| such reasonable standard of fill as may have
been prescribed | 20 |
| for the commodity in question by the Director director.
| 21 |
| (Source: Laws 1963, p. 3433.)
| 22 |
| (225 ILCS 470/30) (from Ch. 147, par. 130)
| 23 |
| Sec. 30.
National Institute of Standards and Technology | 24 |
| requirements and
specifications. Each type of new weight and |
|
|
|
09600SB2573sam001 |
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LRB096 16631 JDS 37424 a |
|
| 1 |
| measure or weighing and
measuring
device manufactured, | 2 |
| offered, or exposed for sale or sold or given away for
the use | 3 |
| in trade or commerce, or used in trade and commerce in this | 4 |
| State,
shall conform with the requirements and specifications | 5 |
| in the National
Institute of Standards and Technology Handbook | 6 |
| 44, 105-1, 105-2, 105-3, or
105-4 , or 105-8 and any
of their | 7 |
| revisions or supplements. A Certificate of
Conformance must be
| 8 |
| issued prior to the use of such new weight and measure or | 9 |
| weighing and
measuring device for commercial or law enforcement | 10 |
| purposes. Pending the
issuance of a Certificate of Conformance, | 11 |
| the Department may permit such
new weight and measure or | 12 |
| weighing and measuring device to be used,
provided
it
meets the | 13 |
| specifications and tolerances for that particular weight and
| 14 |
| measure or weighing and measuring device as set forth in the | 15 |
| National
Institute of Standards and Technology
Handbook 44, | 16 |
| 105-1, 105-2, 105-3, or 105-4 , or 105-8 .
| 17 |
| (Source: P.A. 92-676, eff. 7-16-02.)
| 18 |
| (225 ILCS 470/40) (from Ch. 147, par. 140)
| 19 |
| Sec. 40. Inspection fee; Weights and Measures Fund. The | 20 |
| Except as otherwise
provided in Section 43, the Director and | 21 |
| each sealer shall collect and receive
from the user of weights | 22 |
| and measures a commercial weighing or measuring device
| 23 |
| inspection fee. For the use of its Metrology Laboratory, the | 24 |
| testings of
weights and measures and such other inspection and | 25 |
| services performed, the
Department shall set a fee, the amount |
|
|
|
09600SB2573sam001 |
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LRB096 16631 JDS 37424 a |
|
| 1 |
| of which shall be according to a
Schedule of Weights and | 2 |
| Measures Inspection Fees established and published by
the | 3 |
| Director. The fees so collected and received by the State shall | 4 |
| be
deposited into a special fund to be known as the Weights and | 5 |
| Measures Fund.
All weights and measures inspection fees, | 6 |
| metrology fees, weights and measures
registrations, and | 7 |
| weights and measures penalties collected by the Department
| 8 |
| under this Act shall be deposited into the Weights and Measures | 9 |
| Fund. The
amount annually collected shall be used by the | 10 |
| Department for activities
related to the enforcement of this | 11 |
| Act and the Motor Fuel and Petroleum
Standards Act, and for the | 12 |
| State's share of the costs of the Field Automation
Information | 13 |
| Management project. No person shall be required to pay more
| 14 |
| than 2 inspection fees for any one weighing or measuring device | 15 |
| in any one
year when found to be accurate. When an inspection | 16 |
| is made upon a weighing or
measuring device because of a | 17 |
| complaint by a person other than the owner of
such weighing or | 18 |
| measuring device, and the device is found accurate as set
forth | 19 |
| in Section 8 of this Act, no inspection fee shall be paid by | 20 |
| the
complainant. Any time a weighing or measuring device is | 21 |
| found to be
inaccurate, the user shall pay the inspection fee.
| 22 |
| If any person fails or refuses to pay a fee authorized by | 23 |
| this Section,
the Department may prohibit that person from | 24 |
| using commercial weighing and
measuring devices. In addition to | 25 |
| prohibiting the use of the device, the Department may also | 26 |
| recover interest at the rate of 1% per month from the time the |
|
|
|
09600SB2573sam001 |
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LRB096 16631 JDS 37424 a |
|
| 1 |
| payment is owed to the Department until the time the Department | 2 |
| recovers the fee.
| 3 |
| (Source: P.A. 92-676, eff. 7-16-02; 93-198, eff. 1-1-04.)
| 4 |
| (225 ILCS 470/41) (from Ch. 147, par. 141)
| 5 |
| Sec. 41.
No person shall operate, upon the streets or | 6 |
| highways of this
State any vehicle tank used for commercial | 7 |
| purposes unless such tank either
is equipped with a meter or | 8 |
| other device for measuring deliveries from the
tank or has been | 9 |
| calibrated for capacity and sealed by the Director director . | 10 |
| When a
vehicle tank has been calibrated for capacity by the | 11 |
| Director director , he shall
issue to the owner or operator a | 12 |
| certificate of calibration in which is
shown the calibrated | 13 |
| capacity of each compartment. A copy of this
certificate shall | 14 |
| accompany the vehicle tank at all times or kept on file
| 15 |
| available for examination either at the plant out of which the | 16 |
| vehicle tank
is operated or at a regional or principal Illinois | 17 |
| office of the owner of
the vehicle tank. Each compartment of a | 18 |
| vehicle tank shall be marked with a
statement of its capacity | 19 |
| as defined by its indicator, located in a
conspicuous place in | 20 |
| letters and figures not less than one inch in height.
| 21 |
| Enforcement of this Section is reserved to the Director | 22 |
| director or to the sealer in
a city having a population of | 23 |
| 200,000 or greater according to the latest
official United | 24 |
| States census.
| 25 |
| (Source: Laws 1963, p. 3433.)
|
|
|
|
09600SB2573sam001 |
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LRB096 16631 JDS 37424 a |
|
| 1 |
| (225 ILCS 470/52) (from Ch. 147, par. 152)
| 2 |
| Sec. 52.
The Director director may by regulation establish | 3 |
| a standard weight per
bushel for any agricultural commodity, | 4 |
| and any such weight per bushel shall
prevail when such | 5 |
| commodity is contracted for, bought or sold, if no
special | 6 |
| contract or written and signed agreement exists to the | 7 |
| contrary.
| 8 |
| (Source: Laws 1963, p. 3433.)
| 9 |
| (225 ILCS 470/54) (from Ch. 147, par. 154)
| 10 |
| Sec. 54.
A person who in any way hinders or obstructs the | 11 |
| Director director ,
his authorized representative,
any one of | 12 |
| the inspectors or a sealer, deputy sealer or special sealer, in | 13 |
| the
performance of his official duties is guilty of a Class B | 14 |
| misdemeanor.
| 15 |
| (Source: P.A. 79-551.)
| 16 |
| (225 ILCS 470/55) (from Ch. 147, par. 155)
| 17 |
| Sec. 55.
A person who in any way impersonates the Director | 18 |
| director ,
his authorized representative,
any one of the | 19 |
| inspectors or a sealer, deputy sealer or special sealer,
by the | 20 |
| use of his
seal or a counterfeit of his seal or in any other | 21 |
| manner, is guilty of a
Class A misdemeanor.
| 22 |
| (Source: P.A. 79-551.)
|
|
|
|
09600SB2573sam001 |
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LRB096 16631 JDS 37424 a |
|
| 1 |
| (225 ILCS 470/56) (from Ch. 147, par. 156)
| 2 |
| Sec. 56.
| 3 |
| (1) A person who, by himself or herself or by his or her | 4 |
| employee
or agent or as the employee or agent of another | 5 |
| person, performs any of the
acts enumerated in subparagraphs | 6 |
| (A) through (J) of this Section is guilty
of a business offense | 7 |
| and shall be fined not less than $1,000 $500 for the first
| 8 |
| offense; not less than $1,500 on a second offense; and not less | 9 |
| than $2,500
for a third offense.
| 10 |
| (A) Use or possess for the purpose of using for any | 11 |
| commercial purpose
specified in Section 10 of this Act, | 12 |
| sell, offer, or expose for sale or
hire, or possess for the | 13 |
| purpose of selling or hiring, an incorrect weight
or | 14 |
| measure or any device or instrument used to or calculated | 15 |
| to falsify any
weight or measure.
| 16 |
| (B) Use or possess for the purpose of current use for | 17 |
| any commercial
purpose specified in Section 10 of this Act, | 18 |
| a weight or measure without a
seal or mark as required by | 19 |
| Section 14 or Section 43 , unless such
weight or measure has | 20 |
| been exempted from testing by the provisions of
Section 10, | 21 |
| or by a regulation of the Director director issued under | 22 |
| the authority
of Section 8, of this Act.
| 23 |
| (C) Dispose of any rejected or condemned weight or | 24 |
| measure in a manner
contrary to law or regulation.
| 25 |
| (D) Remove from any weight or measure, contrary to law | 26 |
| or regulation,
any tag, seal or mark placed thereon by the |
|
|
|
09600SB2573sam001 |
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LRB096 16631 JDS 37424 a |
|
| 1 |
| appropriate authority.
| 2 |
| (E) Sell or offer or expose for sale less than the | 3 |
| quantity he or she
represents of any commodity, thing or | 4 |
| service.
| 5 |
| (F) Take more than the quantity he represents of any | 6 |
| commodity, thing or
service, when, as buyer, he or she | 7 |
| furnishes the weight or measure by means of
which the | 8 |
| amount of the commodity, thing or service is determined.
| 9 |
| (G) Retain for the purpose of sale, advertise, or offer | 10 |
| or expose for
sale, or sell, any commodity, thing or | 11 |
| service in a condition or manner
contrary to law or | 12 |
| regulation.
| 13 |
| (H) Use in retail trade, except in preparation of | 14 |
| packages put up in
advance of sale and of medical | 15 |
| prescriptions, a weight or measure that is
not so | 16 |
| positioned that its indications may be accurately read and | 17 |
| the
weighing or measuring operation observed from a | 18 |
| position which may
reasonably be assumed by a customer.
| 19 |
| (I) By himself or herself or by the person's agent, or
| 20 |
| as servant or agent of another person, fail to disclose to | 21 |
| the Department
of Agriculture any knowledge of information | 22 |
| relating to, or observation of,
any device or instrument | 23 |
| added to or modifying any weight or measure for the
purpose | 24 |
| of selling, or offering or exposing for sale, less than the
| 25 |
| quantity represented of a commodity or calculated to | 26 |
| falsify the weight or
measure, if the person is an owner or |
|
|
|
09600SB2573sam001 |
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LRB096 16631 JDS 37424 a |
|
| 1 |
| employee of an entity involved in the
installation, repair, | 2 |
| sale, or inspection of weighing or measuring devices.
| 3 |
| (J) Violate a provision of this Act or of the | 4 |
| regulations promulgated
pursuant to this Act for which a | 5 |
| specific penalty has not been prescribed.
| 6 |
| (2) A person who, by himself or herself or by the person's | 7 |
| servant or
agent, or as a servant or agent of another person, | 8 |
| performs any of the
following acts is guilty of a Class 3 | 9 |
| felony and subject to a fine of not less than
$1,000.00 or not | 10 |
| more than $10,000.00 or the
total amount of any money gained | 11 |
| for each day on which a violation has been
found, whichever is | 12 |
| greater, or by imprisonment, or both:
| 13 |
| (A) Adds to or modifies a commercial weight or measure | 14 |
| by the addition
of a device or instrument that would allow | 15 |
| the sale, or the offering or
exposure for sale, of less | 16 |
| than the quantity represented of a commodity or
| 17 |
| falsification of the weight or measure.
| 18 |
| (B) Commits as a fourth or subsequent offense any of | 19 |
| the acts listed in
subsection (1) of this Section, violates | 20 |
| a written notice from the
Department, or removes a | 21 |
| Department seal.
| 22 |
| (Source: P.A. 85-436.)
| 23 |
| (225 ILCS 470/56.1) (from Ch. 147, par. 156.1)
| 24 |
| Sec. 56.1. Administrative penalties; judicial review. When | 25 |
| an
administrative hearing is held, the hearing officer,
upon |
|
|
|
09600SB2573sam001 |
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LRB096 16631 JDS 37424 a |
|
| 1 |
| determination of any violation of any
Section of this Act shall | 2 |
| 56(1), shall refer the violation to the States Attorney's | 3 |
| office
in the county which the business is conducted for | 4 |
| prosecution or levy the
following administrative monetary | 5 |
| penalties:
| 6 |
| (A) A penalty of $500 $100 for a first violation.
| 7 |
| (B) A penalty of $1,500 $750 for a second violation at | 8 |
| the same location
within 2 years of the first violation.
| 9 |
| (C) A penalty of $2,500 $1,500 for a third or | 10 |
| subsequent violation at the
same location within 2 years of | 11 |
| the second violation.
| 12 |
| The penalty so levied shall be collected by the Department. | 13 |
| Any penalty
not paid within 60 days of notice from the | 14 |
| Department shall be submitted to
the Attorney General's office | 15 |
| for collection.
| 16 |
| All final administrative decisions of the Department are | 17 |
| subject to
judicial review under the Administrative Review Law. | 18 |
| The term "administrative
decision" is defined as in Section | 19 |
| 4-101 of the Code of Civil Procedure.
| 20 |
| (Source: P.A. 88-600, eff. 9-1-94.)
| 21 |
| Section 10. The Soil Conservation Domestic Allotment Act is | 22 |
| amended by changing Sections 3 and 7 as follows:
| 23 |
| (505 ILCS 125/3) (from Ch. 5, par. 138c)
| 24 |
| Sec. 3.
The Department is hereby authorized and , empowered |
|
|
|
09600SB2573sam001 |
- 30 - |
LRB096 16631 JDS 37424 a |
|
| 1 |
| and may, at its discretion, directed to
formulate and submit to | 2 |
| the Secretary of Agriculture, in conformity with
the provisions | 3 |
| of said Soil Conservation and Domestic Allotment Act, a
State | 4 |
| plan for each year, beginning with the year 1953. It shall be | 5 |
| the
purpose of each such plan and each such plan shall be | 6 |
| designed to promote
such utilization of land and such farming | 7 |
| practices as the Department finds
will tend, in conjunction | 8 |
| with the operation of such other plans as may be
approved for | 9 |
| other states by the Secretary of Agriculture, to preserve and
| 10 |
| improve soil fertility; to promote the economic use and | 11 |
| conservation of
land; to diminish exploitation and wasteful and | 12 |
| unscientific use of natural
soil resources; to protect rivers | 13 |
| and waterways against the results of soil
erosion and aid in | 14 |
| flood control; and to re-establish and maintain the
ratio | 15 |
| between the purchasing power of the net income per person on | 16 |
| farms
and that of the income per person not on farms, as | 17 |
| defined in subsection
(a) of Section 7 of the Soil Conservation | 18 |
| and Domestic Allotment Act.
Each such plan may shall provide | 19 |
| for adjustments and utilization of land, and
in farming | 20 |
| practices through agreements with producers or through other
| 21 |
| voluntary methods, and for benefit payments in connection | 22 |
| therewith, and
for such methods of administration not in | 23 |
| conflict with any law of the
State, and for such reports as the | 24 |
| Secretary of Agriculture finds necessary
for the effective | 25 |
| administration of the plan, and for ascertaining whether
the | 26 |
| plan is being carried out according to its terms.
|
|
|
|
09600SB2573sam001 |
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LRB096 16631 JDS 37424 a |
|
| 1 |
| (Source: Laws 1951, p. 1680.)
| 2 |
| (505 ILCS 125/7) (from Ch. 5, par. 138g)
| 3 |
| Sec. 7.
The Department shall have no authority to incur any
| 4 |
| obligation or liability against the State of Illinois under | 5 |
| this Act for
the expenditure of funds other than the | 6 |
| expenditure of funds payable
from the Soil Conservation Fund, | 7 |
| pursuant to appropriations made
therefore therefor .
| 8 |
| (Source: Laws 1951, p. 1680.)
| 9 |
| (505 ILCS 125/6 rep.)
| 10 |
| Section 15. The Soil Conservation Domestic Allotment Act is | 11 |
| amended by repealing Section 6. | 12 |
| Section 20. The Motor Fuel and Petroleum Standards Act is | 13 |
| amended by changing Sections 3, 4, 4.1, 7, and 7.1 as follows:
| 14 |
| (815 ILCS 370/3) (from Ch. 5, par. 1703)
| 15 |
| Sec. 3. As used in this Act, unless the context otherwise | 16 |
| requires:
| 17 |
| (1) "ASTM" means ASTM International the American Society | 18 |
| for Testing and Materials , an international,
nonprofit, | 19 |
| technical, scientific and educational society devoted to the
| 20 |
| promotion of knowledge of the materials of engineering, and the | 21 |
| standardization
of specifications and methods of testing.
| 22 |
| (2) "Motor Fuel" shall have the meaning ascribed to that |
|
|
|
09600SB2573sam001 |
- 32 - |
LRB096 16631 JDS 37424 a |
|
| 1 |
| term in Section
1.1 of the "Motor Fuel Tax Law", as now or | 2 |
| hereafter amended.
| 3 |
| (3) "Petroleum" means all illuminating oils, heating oils, | 4 |
| LP gas,
kerosene, gasoline, diesel and all volatile and | 5 |
| inflammable liquids
produced, blended or compounded for the | 6 |
| purpose of, or which are suitable
or practicable for, operating | 7 |
| motor vehicles.
| 8 |
| (4) "Department" means the Illinois Department of | 9 |
| Agriculture.
| 10 |
| (5) "Person" means an individual, a corporation, company, | 11 |
| society,
association, partnership or governmental entity.
| 12 |
| (6) "Distributor" shall have the meaning ascribed to that | 13 |
| term in Section
1.2 of the "Motor Fuel Tax Law", as now or | 14 |
| hereafter amended, and any
person who either produces, refines, | 15 |
| blends, transports, compounds or
manufactures petroleum in | 16 |
| this State for the purposes of resale.
| 17 |
| (7) "Director" means the Director of the Illinois | 18 |
| Department of
Agriculture or authorized designee.
| 19 |
| (8) "Retailer" shall have the meaning ascribed to that term | 20 |
| in Section
2 of the "Use Tax Act", as now or hereafter amended | 21 |
| and any person
engaged in the business of selling petroleum | 22 |
| directly to the ultimate consumer.
| 23 |
| (9) "Co-solvent" means an alcohol that is miscible with | 24 |
| methanol and
has a molecular weight equal to or greater than | 25 |
| that of butanol.
| 26 |
| (Source: P.A. 86-232.)
|
|
|
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| 1 |
| (815 ILCS 370/4) (from Ch. 5, par. 1704)
| 2 |
| Sec. 4. ASTM standards.
| 3 |
| (a) All motor fuel and petroleum sold or offered for sale | 4 |
| in the State of
Illinois shall conform to the standards of this | 5 |
| Act. The standards set
forth in the Annual Book of ASTM | 6 |
| Standards (ASTM) American Society for Testing and
Materials | 7 |
| Section 5, Volumes 05.01, 05.02, 05.03, 05.04 and 05.05 and
| 8 |
| supplements thereto, and revisions thereof are adopted unless | 9 |
| modified or
rejected by a regulation adopted by the Department. | 10 |
| In addition, any
advertised or labeled declarations regarding | 11 |
| the quality of a motor fuel
which are more stringent than ASTM | 12 |
| standards shall be met.
| 13 |
| (a-5) The quality of gasoline-oxygenate blends sold or | 14 |
| offered for sale in this State shall meet the standards set | 15 |
| forth in Section 2.1.3 2.1.1.1 or Section 2.1.1.2 of the | 16 |
| Uniform Engine Fuels , Petroleum Products, and Automotive | 17 |
| Lubricants Regulation as provided under the National Institute | 18 |
| of Standards and Technology Handbook 130, and any of its | 19 |
| subsequent supplements or revisions, except as specifically | 20 |
| modified, amended, or rejected by regulation issued by the | 21 |
| Director.
| 22 |
| (b) Minimum Automotive Gasoline Octane Requirements.
| 23 |
| All leaded and unleaded gasoline sold in this State shall | 24 |
| meet or exceed
the following minimum octane numbers:
| 25 |
| Regular Grade 87
|
|
|
|
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| Midgrade or Plus 89 | 2 |
| Premium or Super Grade 91 90
| 3 |
| An octane number is determined by adding the research | 4 |
| octane number to the
motor octane number and dividing by 2. | 5 |
| (RON + MON)/2. In addition, the motor
octane number shall not | 6 |
| be less than 82.0. All gasoline products sold at
retail shall | 7 |
| have an octane number displayed.
| 8 |
| (c) Each seller of a motor fuel shall notify the purchaser | 9 |
| of the type and
quantity of motor fuel purchased. For gasoline, | 10 |
| the type shall indicate the
octane number. This information | 11 |
| shall appear on the bill of lading, manifest,
or delivery | 12 |
| ticket for the fuel. This subsection does not apply to sales at
| 13 |
| retail.
| 14 |
| (d) All gasoline products shall meet the most recently
| 15 |
| adopted ASTM standards for spark-ignition motor fuel, and those | 16 |
| standards
adopted under the provisions of the federal Clean Air | 17 |
| Act by the U. S.
Environmental Protection Agency shall be the | 18 |
| standards of this State in those
areas in which the federal | 19 |
| Clean Air Act fuel standards apply.
| 20 |
| (e) All biodiesel with a numerical value of B99 or above | 21 |
| B100 that is sold or offered for sale in the State of Illinois | 22 |
| shall conform to the ASTM D6751 Standard Specification for | 23 |
| Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels. | 24 |
| For the purposes of this subsection (e) , "Biodiesel" means a | 25 |
| fuel that (i) is comprised of mono-alkyl esters of long-chain | 26 |
| fatty acids derived from vegetable oils or animal fats and (ii) |
|
|
|
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LRB096 16631 JDS 37424 a |
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| 1 |
| meets the requirements of the ASTM D6751 standards shall have | 2 |
| the same meaning ascribed to it as in the Illinois Renewable | 3 |
| Fuels Development Program Act . | 4 |
| (Source: P.A. 96-528, eff. 1-1-10.)
| 5 |
| (815 ILCS 370/4.1) (from Ch. 5, par. 1704.1)
| 6 |
| Sec. 4.1. (a) Upon any retail motor fuel dispensing device | 7 |
| which is
used to dispense a motor fuel containing at least 1% | 8 |
| by volume of ethanol,
of methanol,
or of a combination thereof, | 9 |
| there shall be displayed a label
which identifies the maximum | 10 |
| percentage by volume, to the nearest whole
percent, of ethanol, | 11 |
| of methanol, and of
co-solvent contained in the motor fuel. | 12 |
| Such labelling shall be done in
contrasting colors with block | 13 |
| letters at least 1/2 inch in height and 1/4 inch
in width, and | 14 |
| not more than one inch in height and 1/2 inch in width, and | 15 |
| shall
be visible to customers. The label shall be located on | 16 |
| the front or sides of
the dispenser and within the top 30 | 17 |
| percent of the height of the dispenser. On
a dual-faced | 18 |
| dispenser, the label shall be affixed on each front or each | 19 |
| side
in accordance with these requirements.
Devices used to | 20 |
| dispense only motor fuels which contain
a total of less than 1% | 21 |
| by volume of methanol and ethanol
need not be so labelled.
| 22 |
| (a-5) (Blank).
| 23 |
| (a-10) (Blank). Upon any retail motor fuel dispensing | 24 |
| device that is used to dispense a motor fuel containing | 25 |
| biodiesel or biodiesel blends, the biodiesel and biodiesel |
|
|
|
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LRB096 16631 JDS 37424 a |
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| 1 |
| blends shall be identified by the capital letter "B" followed | 2 |
| by the numerical value representing the volume percentage of | 3 |
| biodiesel fuel, such as B10, B20, or B100, as follows: | 4 |
| (1) Upon any retail motor fuel dispensing device that | 5 |
| is used to dispense a motor fuel containing between 5% and | 6 |
| up to and including 20% of biodiesel, there shall be | 7 |
| displayed on each retail dispenser:
| 8 |
| (a) the capital letter "B" followed by the | 9 |
| numerical value representing the maximum volume | 10 |
| percentage of biodiesel fuel and ending with | 11 |
| "biodiesel blend", such as B10 biodiesel fuel blend or | 12 |
| B20 biodiesel fuel blend; or
| 13 |
| (b) the phrase "biodiesel blend between 5% and 20%" | 14 |
| or similar words.
| 15 |
| (2) Upon any retail motor fuel dispensing device that | 16 |
| is used to dispense a motor fuel containing more than 20% | 17 |
| of biodiesel, there shall be displayed on each retail | 18 |
| dispenser the capital letter "B" followed by the numerical | 19 |
| value representing the volume percentage of biodiesel fuel | 20 |
| and ending with either "biodiesel" or "biodiesel blend", | 21 |
| such as B100 biodiesel or B60 biodiesel blend.
| 22 |
| (3) The label shall be done in contrasting colors with | 23 |
| block letters at least 1/2 inch in height and 1/4 inch in | 24 |
| width, and not more than one inch in height and 1/2 inch in | 25 |
| width, and shall be visible to customers. The label shall | 26 |
| be located on the front or sides of the dispenser and |
|
|
|
09600SB2573sam001 |
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LRB096 16631 JDS 37424 a |
|
| 1 |
| within the top 30% of the height of the dispenser. On a | 2 |
| dual-faced dispenser, the label shall be affixed on each | 3 |
| front or each side in accordance with these requirements. | 4 |
| Devices used to dispense only motor fuels that contain a | 5 |
| total of 5% or less by volume of biodiesel need not be | 6 |
| labeled.
| 7 |
| (b) Each seller of a motor fuel which contains methanol,
| 8 |
| ethanol, or biodiesel
shall notify the purchaser thereof of the | 9 |
| percentage by volume of ethanol,
of methanol, of biodiesel, and | 10 |
| of co-solvent which have
been added to such motor fuel,
and | 11 |
| this information shall appear on the bill of lading, manifest | 12 |
| or
delivery ticket for such motor fuel. However, this | 13 |
| subsection (b)
shall not apply to sales at retail.
| 14 |
| (c) No motor fuel, whether or not it contains any lead or | 15 |
| lead
compounds, may contain more ethanol
or methanol than is | 16 |
| permitted, or contain less co-solvent than is
required, by the | 17 |
| United States Environmental Protection Agency for
unleaded | 18 |
| motor fuels under Section 211(f) of the federal Clean Air Act.
| 19 |
| (d) All motor fuel sold or offered for sale by the | 20 |
| distributor shall
contain the percentage and type of alcohol as | 21 |
| stated on the bill of lading,
manifest or delivery ticket.
| 22 |
| (e) (Blank).
| 23 |
| (f) Nothing in this Section shall be construed to require | 24 |
| or impose an
obligation upon the owner or operator of a retail | 25 |
| motor fuel dispensing
station,
facility, or device to perform a | 26 |
| test on or measurement of a shipment of motor
fuel received to |
|
|
|
09600SB2573sam001 |
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LRB096 16631 JDS 37424 a |
|
| 1 |
| determine the specific content of ethanol, methanol, or | 2 |
| biodiesel.
| 3 |
| (Source: P.A. 95-381, eff. 7-1-08 .)
| 4 |
| (815 ILCS 370/7) (from Ch. 5, par. 1707)
| 5 |
| Sec. 7. Administrative hearing and penalties. When an | 6 |
| administrative
hearing is held, the hearing officer, upon | 7 |
| determination of a violation of
this Act or rules, other than | 8 |
| violation of subsection (b) of Section 7.1, shall:
| 9 |
| (a) Levy the following administrative monetary penalties:
| 10 |
| (1) $500 $100 for a first violation;
| 11 |
| (2) $1,500 $750 for a second violation within 2 years | 12 |
| of the first violation; and
| 13 |
| (3) $2,500 $1500 for a third or subsequent violation | 14 |
| within 2 years of the second
violation; or
| 15 |
| (b) (Blank). refer the violations to the States Attorney's | 16 |
| Office in the county
where the violation occurred for | 17 |
| prosecution.
| 18 |
| Any penalty levied shall be collected by the Department and | 19 |
| paid into the
Motor Fuel and Petroleum Standards Fund. Monetary | 20 |
| penalties not paid
within 60 days of notice from the Department | 21 |
| shall be submitted to the
Attorney General's Office for | 22 |
| collection.
| 23 |
| All decisions and actions of the Department are subject to | 24 |
| the Illinois
Administrative Procedure Act and the Department's | 25 |
| Administrative Rules
which pertain to administrative hearings, |
|
|
|
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LRB096 16631 JDS 37424 a |
|
| 1 |
| petitions, proceedings, contested
cases, declaratory rulings | 2 |
| and availability of Department files for public
access.
| 3 |
| All final administrative decisions of the Department shall | 4 |
| be subject to
judicial review pursuant to the provisions of the | 5 |
| Administrative Review
Law, and all amendments and | 6 |
| modifications thereof, and the rules adopted
pursuant thereto. | 7 |
| The term "administrative decision" is defined in
Section 3-101 | 8 |
| of the Code of Civil Procedure.
| 9 |
| (Source: P.A. 88-582, eff. 1-1-95.)
| 10 |
| (815 ILCS 370/7.1)
| 11 |
| Sec. 7.1. Fuel rating Octane display standards; | 12 |
| administrative penalty.
| 13 |
| (a) Every retailer of motor fuel must display the octane | 14 |
| number or fuel rating of the fuel
being dispensed on each motor | 15 |
| fuel device that is dispensing a motor fuel gasoline
product. | 16 |
| The octane number or fuel rating shall be displayed on the fuel | 17 |
| dispensing device in
a manner consistent with regulations | 18 |
| promulgated by the Federal Trade
Commission in 16 CFR part 306. | 19 |
| It is a violation of this Section, (1) Sec. to display an
| 20 |
| octane number that is greater than the octane number of the | 21 |
| gasoline being
dispensed , (2) to display a fuel rating that is | 22 |
| not consistent with the percentage by volume of the principal | 23 |
| component of the alternative liquid automotive fuel being | 24 |
| dispensed, or (3) to display a fuel rating that is not | 25 |
| consistent with the percentage of biodiesel or biomass-based |
|
|
|
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LRB096 16631 JDS 37424 a |
|
| 1 |
| diesel of the biodiesel blend being dispensed .
| 2 |
| (b) A hearing officer that, after an administrative hearing | 3 |
| held in
accordance with the provisions of Section 7, determines | 4 |
| that a violation of
this Section has been committed shall | 5 |
| impose a monetary penalty
in accordance with the following | 6 |
| schedule:
| 7 |
| (1) For a first time violation if the actual octane | 8 |
| number is found by the
petroleum laboratory to be lower | 9 |
| than the posted octane number by:
| 10 |
| (A) at least 0.6 0.8 , but not more than 1.5 2.0 | 11 |
| octane numbers, $500 $100 ;
| 12 |
| (B) (blank) at least 2.1, but not more than 3.0 | 13 |
| octane numbers, $200 ;
| 14 |
| (C) (blank) at least 3.1, but not more than 4.0 | 15 |
| octane numbers, $300 ;
| 16 |
| (D) (blank) at least 4.1, but not more than 5.0 | 17 |
| octane numbers, $400 ;
| 18 |
| (E) (blank) at least 5.1, but not more than 6.0 | 19 |
| octane numbers, $500 ;
| 20 |
| (F) more than 1.5 6.0 octane numbers, $1,000.
| 21 |
| (2) For a second violation, at the same location under | 22 |
| the same ownership,
within 2 years of the first violation | 23 |
| if the actual octane number is found by
the petroleum | 24 |
| testing laboratory to be lower than the posted octane | 25 |
| number by:
| 26 |
| (A) at least 0.6 0.8 , but not more than 1.5 2.0 |
|
|
|
09600SB2573sam001 |
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LRB096 16631 JDS 37424 a |
|
| 1 |
| octane numbers, $1,000 $200 ;
| 2 |
| (B) (blank) at least 2.1, but not more than 3.0 | 3 |
| octane numbers, $400 ;
| 4 |
| (C) (blank) at least 3.1, but not more than 4.0 | 5 |
| octane numbers, $600 ;
| 6 |
| (D) (blank) at least 4.1, but not more than 5.0 | 7 |
| octane numbers, $800 ;
| 8 |
| (E) (blank) at least 5.1, but not more than 6.0 | 9 |
| octane numbers, $1,000 ;
| 10 |
| (F) more than 1.5 6.0 octane numbers, $2,000.
| 11 |
| (3) For a third or subsequent violation, at the same | 12 |
| location under the
same ownership, within 2 years of the | 13 |
| second violation if the actual octane
number is found by | 14 |
| the petroleum testing laboratory to be lower than the | 15 |
| posted
octane number by:
| 16 |
| (A) at least 0.6 0.8 , but not more than 1.5 2.0 | 17 |
| octane numbers, $2,000 $400 ;
| 18 |
| (B) (blank) at least 2.1, but not more than 3.0 | 19 |
| octane numbers, $800 ;
| 20 |
| (C) (blank) at least 3.1, but not more than 4.0 | 21 |
| octane numbers, $1,200 ;
| 22 |
| (D) (blank) at least 4.1, but not more than 5.0 | 23 |
| octane numbers, $1,600 ;
| 24 |
| (E) (blank) at least 5.1, but not more than 6.0 | 25 |
| octane numbers, $2,000 ;
| 26 |
| (F) more than 1.5 6.0 octane numbers, $4,000.
|
|
|
|
09600SB2573sam001 |
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LRB096 16631 JDS 37424 a |
|
| 1 |
| (c) Any penalty levied under this Section shall be | 2 |
| collected and deposited
in the manner provided for penalties | 3 |
| collected under Section 7. Actions and
decisions of the | 4 |
| Department under this Section are subject to the
administrative | 5 |
| procedures and review authorized under Section 7.
| 6 |
| (Source: P.A. 88-582, eff. 1-1-95.)
| 7 |
| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.".
|
|