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| Public Act 100-0155 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Weights and Measures Act is amended by | ||||
changing Sections 40 and 56.1 as follows:
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(225 ILCS 470/40) (from Ch. 147, par. 140)
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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
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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
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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.
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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,
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.
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(Source: P.A. 96-1333, eff. 7-27-10.)
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(225 ILCS 470/56.1) (from Ch. 147, par. 156.1)
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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:
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(A) A penalty of $500 for a first violation.
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(B) A penalty of $1,500 for a second violation at the | ||
same location
within 2 years of the first violation.
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(C) A penalty of $2,500 for a third or subsequent | ||
violation at the
same location within 2 years of the second | ||
violation.
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The penalty so levied shall be collected by the Department. | ||
Any penalty of $2,500 or greater
not paid within 120 60 days of | ||
issuance of notice from the Department shall be submitted to
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the Department of Revenue Attorney General's office for | ||
collection as provided under the Illinois State Collection Act | ||
of 1986. The Department may prohibit any person from using a | ||
commercial weighing or measuring device for failure to pay an | ||
administrative monetary penalty within 60 days of issuance of | ||
notice from the Department.
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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.
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(Source: P.A. 96-1333, eff. 7-27-10; 97-333, eff. 8-12-11.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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