(225 ILCS 470/40) (from Ch. 147, par. 140)
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
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
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.
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.
(Source: P.A. 100-155, eff. 8-18-17.)
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