Public Act 93-0198
HB2890 Enrolled LRB093 08324 JAM 08542 b
AN ACT concerning weights and measures.
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 Section 40 as follows:
(225 ILCS 470/40) (from Ch. 147, par. 140)
Sec. 40. Inspection fee; Weights and Measures Fund.
Except as otherwise provided in Section 43, 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 a fee authorized by
this Section, the Department may prohibit that person from
using commercial weighing and measuring devices.
(Source: P.A. 91-704, eff. 7-1-00; 92-676, eff. 7-16-02.)