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91_SB1374
LRB9110250ACtm
1 AN ACT regarding used tires.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Finance Act is amended by adding
5 Section 5.541 as follows:
6 (30 ILCS 105/5.541 new)
7 Sec. 5.541. The City of Chicago Used Tire Management
8 Fund.
9 Section 10. The Environmental Protection Act is amended
10 by changing Sections 55.6 and 55.8 and by adding Section
11 55.6a as follows:
12 (415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6)
13 Sec. 55.6. Used Tire Management Fund.
14 (a) There is hereby created in the State Treasury a
15 special fund to be known as the Used Tire Management Fund.
16 There shall be deposited into the Fund all monies received as
17 (1) recovered costs or proceeds from the sale of used tires
18 under Section 55.3 of this Act, (2) repayment of loans from
19 the Used Tire Management Fund, or (3) penalties or punitive
20 damages for violations of this Title, except as provided by
21 subdivision (b)(4) of Section 42.
22 (b) Beginning January 1, 1992, in addition to any other
23 fees required by law, the owner or operator of each site
24 required to be registered under subsection (d) of Section 55
25 shall pay to the Agency an annual fee of $100. Fees collected
26 under this subsection shall be deposited into the
27 Environmental Protection Permit and Inspection Fund.
28 (c) Until July 1, 2000, Pursuant to appropriation,
29 monies up to an amount of $2 million per fiscal year from the
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1 Used Tire Management Fund shall be allocated as follows:
2 (1) 38% shall be available to the Agency for the
3 following purposes, provided that priority shall be given
4 to item (i):
5 (i) To undertake preventive, corrective or
6 removal action as authorized by and in accordance
7 with Section 55.3, and to recover costs in
8 accordance with Section 55.3.
9 (ii) For the performance of inspection and
10 enforcement activities for used and waste tire
11 sites.
12 (iii) To assist with marketing of used tires
13 by augmenting the operations of an industrial
14 materials exchange service.
15 (iv) To provide financial assistance to units
16 of local government for the performance of
17 inspecting, investigating and enforcement activities
18 pursuant to subsection (r) of Section 4 at used and
19 waste tire sites.
20 (v) To provide financial assistance for used
21 and waste tire collection projects sponsored by
22 local government or not-for-profit corporations.
23 (vi) For the costs of fee collection and
24 administration relating to used and waste tires, and
25 to accomplish such other purposes as are authorized
26 by this Act and regulations thereunder.
27 (2) 23% shall be available to the Department of
28 Commerce and Community Affairs for the following
29 purposes, provided that priority shall be given to item
30 (A):
31 (A) To provide grants or loans for the
32 purposes of:
33 (i) assisting units of local government
34 and private industry in the establishment of
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1 facilities and programs to collect, process and
2 utilize used and waste tires and tire derived
3 materials;
4 (ii) demonstrating the feasibility of
5 innovative technologies as a means of
6 collecting, storing, processing and utilizing
7 used and waste tires and tire derived
8 materials; and
9 (iii) applying demonstrated technologies
10 as a means of collecting, storing, processing,
11 and utilizing used and waste tires and tire
12 derived materials.
13 (B) To develop educational material for use by
14 officials and the public to better understand and
15 respond to the problems posed by used tires and
16 associated insects.
17 (C) (Blank).
18 (D) To perform such research as the Director
19 deems appropriate to help meet the purposes of this
20 Act.
21 (E) To pay the costs of administration of its
22 activities authorized under this Act.
23 (3) 25% shall be available to the Illinois
24 Department of Public Health for the following purposes:
25 (A) To investigate threats or potential
26 threats to the public health related to mosquitoes
27 and other vectors of disease associated with the
28 improper storage, handling and disposal of tires,
29 improper waste disposal, or natural conditions.
30 (B) To conduct surveillance and monitoring
31 activities for mosquitoes and other arthropod
32 vectors of disease, and surveillance of animals
33 which provide a reservoir for disease-producing
34 organisms.
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1 (C) To conduct training activities to promote
2 vector control programs and integrated pest
3 management as defined in the Vector Control Act.
4 (D) To respond to inquiries, investigate
5 complaints, conduct evaluations and provide
6 technical consultation to help reduce or eliminate
7 public health hazards and nuisance conditions
8 associated with mosquitoes and other vectors.
9 (E) To provide financial assistance to units
10 of local government for training, investigation and
11 response to public nuisances associated with
12 mosquitoes and other vectors of disease.
13 (4) 2% shall be available to the Department of
14 Agriculture for its activities under the Illinois
15 Pesticide Act relating to used and waste tires.
16 (5) 2% shall be available to the Pollution Control
17 Board for administration of its activities relating to
18 used and waste tires.
19 (6) 10% shall be available to the Department of
20 Natural Resources for the Illinois Natural History Survey
21 to perform research to study the biology, distribution,
22 population ecology, and biosystematics of tire-breeding
23 arthropods, especially mosquitoes, and the diseases they
24 spread.
25 The allocations provided by this subsection (c) do not apply
26 to State fiscal year 2001 or thereafter.
27 (d) By January 1, 1998, and biennially thereafter, each
28 State agency receiving an appropriation from the Used Tire
29 Management Fund shall report to the Governor and the General
30 Assembly on its activities relating to the Fund.
31 (e) Any monies appropriated from the Used Tire
32 Management Fund, but not obligated, shall revert to the Fund.
33 (f) In administering the provisions of subdivisions (1),
34 (2) and (3) of subsection (c) of this Section, the Agency,
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1 the Department of Commerce and Community Affairs, and the
2 Illinois Department of Public Health shall ensure that
3 appropriate funding assistance is provided to any
4 municipality with a population over 1,000,000 or to any
5 sanitary district which serves a population over 1,000,000.
6 (g) Pursuant to appropriation, monies in excess of $2
7 million per fiscal year from the Used Tire Management Fund
8 shall be used as follows:
9 (1) 55% shall be available to the Agency to
10 undertake preventive, corrective or renewed action as
11 authorized by and in accordance with Section 55.3 and to
12 recover costs in accordance with Section 55.3.
13 (2) 45% shall be available to the Department of
14 Commerce and Community Affairs to provide grants or loans
15 for the purposes of:
16 (i) assisting units of local government and
17 private industry in the establishment of facilities
18 and programs to collect, process and utilize waste
19 tires and tire derived material;
20 (ii) demonstrating the feasibility of
21 innovative technologies as a means of collecting,
22 storing, processing, and utilizing used and waste
23 tires and tire derived materials; and
24 (iii) applying demonstrated technologies as a
25 means of collecting, storing, processing, and
26 utilizing used and waste tires and tire derived
27 materials.
28 (Source: P.A. 89-445, eff. 2-7-96; 89-499, eff. 6-28-96.)
29 (415 ILCS 5/55.6a new)
30 Sec. 55.6a. City of Chicago Used Tire Management Fund.
31 There is hereby created in the State treasury a special fund
32 to be known as the City of Chicago Used Tire Management Fund.
33 There shall be deposited into the Fund all monies received
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1 from the retail sale of tires in the City of Chicago pursuant
2 to subsection (a) of Section 55.8 of this Act. Subject to
3 appropriation, the Department of Revenue shall distribute the
4 monies in this Fund to the City of Chicago for the purpose of
5 performing inspections, investigations, and enforcement
6 activities with regard to used tires.
7 (415 ILCS 5/55.8) (from Ch. 111 1/2, par. 1055.8)
8 Sec. 55.8. Tire retailers.
9 (a) Beginning July 1, 1992, any person selling tires at
10 retail or offering tires for retail sale in this State shall:
11 (1) collect from retail customers a fee of one
12 dollar per tire sold and delivered in this State to be
13 paid to the Department of Revenue and deposited into the
14 Used Tire Management Fund (except that of the fee
15 collected on the sale of a tire in the City of Chicago on
16 or after July 1, 2000, 40 cents shall be deposited in the
17 City of Chicago Used Tire Fund), less a collection
18 allowance of 10 cents per tire to be retained by the
19 retail seller and a collection allowance of 10 cents per
20 tire to be retained by the Department of Revenue and paid
21 into the General Revenue Fund;
22 (2) accept for recycling used tires from customers,
23 at the point of transfer, in a quantity equal to the
24 number of new tires purchased; and
25 (3) post in a conspicuous place a written notice at
26 least 8.5 by 11 inches in size that includes the
27 universal recycling symbol and the following statements:
28 "DO NOT put used tires in the trash."; "Recycle your used
29 tires."; and "State law requires us to accept used tires
30 for recycling, in exchange for new tires purchased.".
31 (b) A person who accepts used tires for recycling under
32 subsection (a) shall not allow the tires to accumulate for
33 periods of more than 90 days.
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1 (c) The requirements of subsection (a) of this Section
2 do not apply to mail order sales nor shall the retail sale of
3 a motor vehicle be considered to be the sale of tires
4 at retail or offering of tires for retail sale. Instead of
5 filing returns, retailers of tires may remit the tire user
6 fee of $1.00 per tire to their suppliers of tires if the
7 supplier of tires is a registered retailer of tires and
8 agrees or otherwise arranges to collect and remit the tire
9 fee to the Department of Revenue, notwithstanding the fact
10 that the sale of the tire is a sale for resale and not a sale
11 at retail. A tire supplier who enters into such an
12 arrangement with a tire retailer shall be liable for the tax
13 on all tires sold to the tire retailer and must (i) provide
14 the tire retailer with a receipt that separately reflects the
15 tire tax collected from the retailer on each transaction and
16 (ii) accept used tires for recycling from the retailer's
17 customers. The tire supplier shall be entitled to the
18 collection allowance of 10 cents per tire.
19 The retailer of the tires must maintain in its books and
20 records evidence that the appropriate fee was paid to the
21 tire supplier and that the tire supplier has agreed to remit
22 the fee to the Department of Revenue for each tire sold by
23 the retailer. Otherwise, the tire retailer shall be directly
24 liable for the fee on all tires sold at retail. Tire
25 retailers paying the fee to their suppliers are not entitled
26 to the collection allowance of 10 cents per tire.
27 (d) The requirements of subsection (a) of this Section
28 shall apply exclusively to tires to be used for vehicles
29 defined in Section 1-217 of the Illinois Vehicle Code,
30 aircraft tires, special mobile equipment, and implements of
31 husbandry.
32 (e) The requirements of paragraph (1) of subsection (a)
33 do not apply to the sale of reprocessed tires. For purposes
34 of this Section, "reprocessed tire" means a used tire that
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1 has been recapped, retreaded, or regrooved and that has not
2 been placed on a vehicle wheel rim.
3 (Source: P.A. 90-14, eff. 7-1-97.)
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.