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.


LRB099 15934 MLM 40251 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2917LRB099 15934 MLM 40251 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Weights and Measures Act is amended by
5changing Sections 40 and 56.1 as follows:
 
6    (225 ILCS 470/40)  (from Ch. 147, par. 140)
7    Sec. 40. Inspection fee; Weights and Measures Fund. The
8Director and each sealer shall collect and receive from the
9user of weights and measures a commercial weighing or measuring
10device inspection fee. For the use of its Metrology Laboratory,
11the testings of weights and measures and such other inspection
12and services performed, the Department shall set a fee, the
13amount of which shall be according to a Schedule of Weights and
14Measures Inspection Fees established and published by the
15Director. The fees so collected and received by the State shall
16be deposited into a special fund to be known as the Weights and
17Measures Fund. All weights and measures inspection fees,
18metrology fees, weights and measures registrations, and
19weights and measures penalties collected by the Department
20under this Act shall be deposited into the Weights and Measures
21Fund. The amount annually collected shall be used by the
22Department for activities related to the enforcement of this
23Act and the Motor Fuel and Petroleum Standards Act, and for the

 

 

SB2917- 2 -LRB099 15934 MLM 40251 b

1State's share of the costs of the Field Automation Information
2Management project. No person shall be required to pay more
3than 2 inspection fees for any one weighing or measuring device
4in any one year when found to be accurate. When an inspection
5is made upon a weighing or measuring device because of a
6complaint by a person other than the owner of such weighing or
7measuring device, and the device is found accurate as set forth
8in Section 8 of this Act, no inspection fee shall be paid by
9the complainant. Any time a weighing or measuring device is
10found to be inaccurate, the user shall pay the inspection fee.
11    If any person fails or refuses to pay, within 60 days after
12the issuance of notice from the Department, a fee authorized by
13this Section or a monetary penalty resulting from an
14administrative hearing for a violation of this Act, the
15Department may prohibit that person from using commercial
16weighing and measuring devices. In addition to prohibiting the
17use of the device, the Department may also recover interest at
18the rate of 1% per month from the time the payment is owed to
19the Department until the time the Department recovers the fee.
20(Source: P.A. 96-1333, eff. 7-27-10.)
 
21    (225 ILCS 470/56.1)  (from Ch. 147, par. 156.1)
22    Sec. 56.1. Administrative penalties; judicial review. When
23an administrative hearing is held, the hearing officer, upon
24determination of any violation of any Section of this Act shall
25levy the following administrative monetary penalties:

 

 

SB2917- 3 -LRB099 15934 MLM 40251 b

1        (A) A penalty of $500 for a first violation.
2        (B) A penalty of $1,500 for a second violation at the
3    same location within 2 years of the first violation.
4        (C) A penalty of $2,500 for a third or subsequent
5    violation at the same location within 2 years of the second
6    violation.
7    The penalty so levied shall be collected by the Department.
8Any penalty not paid within 60 days of notice from the
9Department may shall be submitted to the Attorney General's
10office for collection. The Department may prohibit a person
11from using a commercial weighing or measuring device for any
12administrative penalty not paid within 60 days' notice from the
13Department.
14    All final administrative decisions of the Department are
15subject to judicial review under the Administrative Review Law.
16The term "administrative decision" is defined as in Section
173-101 of the Code of Civil Procedure.
18(Source: P.A. 96-1333, eff. 7-27-10; 97-333, eff. 8-12-11.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.