Bill Text: IL HB3121 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Weights and Measures Act. Provides that if any person fails or refuses to pay, within 60 days after the issuance of notice from the Department, a fee authorized by the Section, the Department may prohibit that person from using commercial weighing and measuring devices. Provides that any penalty of $2,500 or greater (currently, any penalty) not paid within 120 days (currently, 60 days) of issuance of notice from the Department shall be submitted to the Department of Revenue (currently, the Attorney General's office) for collection as provided under the Illinois State Collection Act of 1986. Provides that 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. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2017-08-18 - Public Act . . . . . . . . . 100-0155 [HB3121 Detail]

Download: Illinois-2017-HB3121-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB3121 Introduced , by Rep. Charles Meier 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 that if any person fails or refuses to pay, within 60 days after the issuance of notice from the Department, a fee authorized by the Section, the Department may prohibit that person from using commercial weighing and measuring devices. Provides that any penalty of $2,500 or greater (currently, any penalty) not paid within 120 days (currently, 60 days) of issuance of notice from the Department shall be submitted to the Department of Revenue (currently, the Attorney General's office) for collection as provided under the Illinois State Collection Act of 1986. Provides that 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. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Weights and Measures Act is amended by
changing Sections 40 and 56.1 as follows:
(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

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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. 96-1333, eff. 7-27-10.)
(225 ILCS 470/56.1) (from Ch. 147, par. 156.1)
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:
(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.
(C) A penalty of $2,500 for a third or subsequent
violation at the same location within 2 years of the second
violation.
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
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.
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.
(Source: P.A. 96-1333, eff. 7-27-10; 97-333, eff. 8-12-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.