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90_SB0675sam001
LRB9003270EGfgam01
1 AMENDMENT TO SENATE BILL 675
2 AMENDMENT NO. . Amend Senate Bill 675 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Environmental Protection Act is amended
5 by changing Section 55.8 as follows:
6 (415 ILCS 5/55.8) (from Ch. 111 1/2, par. 1055.8)
7 Sec. 55.8. Tire retailers.
8 (a) Beginning July 1, 1992, any person selling tires at
9 retail or offering tires for retail sale in this State shall:
10 (1) collect from retail customers a fee of one
11 dollar per tire sold and delivered in this State to be
12 paid to the Department of Revenue and deposited into the
13 Used Tire Management Fund, less a collection allowance of
14 10 cents per tire to be retained by the retail seller and
15 a collection allowance of 10 cents per tire to be
16 retained by the Department of Revenue and paid into the
17 General Revenue Fund;
18 (2) accept for recycling used tires from customers,
19 at the point of transfer, in a quantity equal to the
20 number of new tires purchased; and
21 (3) post in a conspicuous place a written notice at
22 least 8.5 by 11 inches in size that includes the
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1 universal recycling symbol and the following statements:
2 "DO NOT put used tires in the trash."; "Recycle your used
3 tires."; and "State law requires us to accept used tires
4 for recycling, in exchange for new tires purchased.".
5 (b) A person who accepts used tires for recycling under
6 subsection (a) shall not allow the tires to accumulate for
7 periods of more than 90 days.
8 (c) The requirements of subsection (a) of this Section
9 do not apply to mail order sales nor shall the retail sale of
10 a motor vehicle be considered to be the sale of tires
11 at retail or offering of tires for retail sale. Instead of
12 filing returns, retailers of tires may remit the tire user
13 fee of $1.00 per tire to their suppliers of tires if the
14 supplier of tires is a registered retailer of tires and
15 agrees or otherwise arranges to collect and remit the tire
16 fee to the Department of Revenue, notwithstanding the fact
17 that the sale of the tire is a sale for resale and not a sale
18 at retail. A tire supplier who enters into such an
19 arrangement with a tire retailer shall be liable for the tax
20 on all tires sold to the tire retailer and must (i) provide
21 the tire retailer with a receipt that separately seperately
22 reflects the tire tax collected from the retailer on each
23 transaction and (ii) accept used tires for recycling from the
24 retailer's customers. The tire supplier shall be entitled to
25 the collection allowance of 10 cents per tire.
26 The retailer of the tires must maintain in its books and
27 records evidence that the appropriate fee was paid to the
28 tire supplier and that the tire supplier has agreed to remit
29 the fee to the Department of Revenue for each tire sold by
30 the retailer. Otherwise, the tire retailer shall be directly
31 liable for the fee on all tires sold at retail. Tire
32 retailers paying the fee to their suppliers are not entitled
33 to the collection allowance of 10 cents per tire.
34 (d) The requirements of subsection (a) of this Section
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1 shall apply exclusively to tires to be used for vehicles
2 defined in Section 1-217 of the Illinois Vehicle Code,
3 aircraft tires, special mobile equipment, and implements of
4 husbandry.
5 (e) The requirements of paragraph (1) of subsection (a)
6 do not apply to the sale of reprocessed tires. For purposes
7 of this Section, "reprocessed tire" means a used tire that
8 has been recapped, retreaded, or regrooved and that has not
9 been placed on a vehicle wheel rim.
10 (Source: P.A. 87-727; 87-1250; revised 2-7-97.)".