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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1907 Introduced 2/20/2015, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
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Amends the Motor Fuel Tax Law. Provides that the tax imposed on the privilege of operating motor vehicles that use liquefied natural gas or propane is 21.5 cents per gallon. Provides that the tax imposed on compressed natural gas is 19 cents per gallon. Provides that, in the case of liquefied natural gas and propane, "gallon" means a diesel gallon equivalent. Amends the Weights and Measures Act. Provides that liquefied natural gas used as motor fuel shall be sold in diesel gallon equivalents, and compressed natural gas shall be sold in gasoline gallon equivalents. Provides that propane used as motor fuel shall be sold in actual measured gallon volumetric units, subject to adjustment for the purposes of determining the diesel gallon equivalents that are subject to the tax rates under the Motor Fuel Tax Law. Amends the Environmental Impact Fee Law. Provides that no fee is imposed on the importation or receipt of liquefied natural gas (i) sold to or used by a rail carrier or (ii) consumed or used in the
operation of ships, barges, or vessels that are used primarily in or for the
transportation of property in interstate commerce for hire on rivers bordering
Illinois if the natural gas is delivered to the ship, barge, or vessel by a licensed receiver.
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| 1 | | AN ACT concerning revenue.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Motor Fuel Tax Law is amended by changing |
| 5 | | Sections 1.8, 2, 2a, and 5 and by adding Sections 1.8A, 1.8B, |
| 6 | | and 1.13C as follows:
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| 7 | | (35 ILCS 505/1.8) (from Ch. 120, par. 417.8)
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| 8 | | Sec. 1.8.
"Gallon" means, in addition to its ordinary |
| 9 | | meaning, its
equivalent in a capacity of measurement of |
| 10 | | substance in a gaseous state. In the case of liquefied natural |
| 11 | | gas or propane used as motor fuel, "gallon" means a diesel |
| 12 | | gallon equivalent as defined by Section 1.8A of this Act.
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| 13 | | (Source: Laws 1961, p. 3653.)
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| 14 | | (35 ILCS 505/1.8A new) |
| 15 | | Sec. 1.8A. Diesel gallon equivalent. "Diesel gallon |
| 16 | | equivalent" means an amount of liquefied natural gas or propane |
| 17 | | that has the equivalent energy content of a gallon of diesel |
| 18 | | fuel and shall be defined as 6.06 pounds of liquefied natural |
| 19 | | gas or 6.41 pounds of propane.
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| 20 | | (35 ILCS 505/1.8B new) |
| 21 | | Sec. 1.8B. Gasoline gallon equivalent. "Gasoline gallon |
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| 1 | | equivalent" means an amount of compressed natural gas that has |
| 2 | | the equivalent energy content of a gallon of gasoline and shall |
| 3 | | be defined as 5.660 pounds of compressed natural gas.
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| 4 | | (35 ILCS 505/1.13C new) |
| 5 | | Sec. 1.13C. Liquefied natural gas. "Liquefied natural gas" |
| 6 | | means methane or natural gas in the form of a cryogenic or |
| 7 | | refrigerated liquid for use as a motor fuel.
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| 8 | | (35 ILCS 505/2) (from Ch. 120, par. 418)
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| 9 | | Sec. 2.
A tax is imposed on the privilege of operating |
| 10 | | motor vehicles
upon the public highways and recreational-type |
| 11 | | watercraft upon the waters
of this State.
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| 12 | | (a) Prior to August 1, 1989, the tax is imposed at the rate |
| 13 | | of 13 cents
per gallon on all motor fuel used in motor vehicles |
| 14 | | operating on the public
highways and recreational type |
| 15 | | watercraft operating upon the waters of this
State. Beginning |
| 16 | | on August 1, 1989 and until January 1, 1990, the rate of the
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| 17 | | tax imposed in this paragraph shall be 16 cents per gallon. |
| 18 | | Beginning January
1, 1990, the rate of tax imposed in this |
| 19 | | paragraph, including the tax on compressed natural gas, shall |
| 20 | | be 19 cents per
gallon. The tax on compressed
natural gas shall |
| 21 | | be calculated on a gasoline gallon equivalent basis as defined |
| 22 | | in
Section 1.8B of this Act.
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| 23 | | (b) The tax on the privilege of operating motor vehicles |
| 24 | | which use diesel
fuel, liquefied natural gas, or propane shall |
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| 1 | | be the rate according to paragraph (a) plus an additional 2 1/2
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| 2 | | cents per gallon. "Diesel fuel" is defined as any product
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| 3 | | intended
for use or offered for sale as a fuel for engines in |
| 4 | | which the fuel is injected
into the combustion chamber and |
| 5 | | ignited by pressure without electric spark.
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| 6 | | (c) A tax is imposed upon the privilege of engaging in the |
| 7 | | business of
selling motor fuel as a retailer or reseller on all |
| 8 | | motor fuel used in motor
vehicles operating on the public |
| 9 | | highways and recreational type watercraft
operating upon the |
| 10 | | waters of this State: (1) at the rate of 3 cents per gallon
on |
| 11 | | motor fuel owned or possessed by such retailer or reseller at |
| 12 | | 12:01 a.m. on
August 1, 1989; and (2) at the rate of 3 cents per |
| 13 | | gallon on motor fuel owned
or possessed by such retailer or |
| 14 | | reseller at 12:01 A.M. on January 1, 1990.
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| 15 | | Retailers and resellers who are subject to this additional |
| 16 | | tax shall be
required to inventory such motor fuel and pay this |
| 17 | | additional tax in a
manner prescribed by the Department of |
| 18 | | Revenue.
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| 19 | | The tax imposed in this paragraph (c) shall be in addition |
| 20 | | to all other
taxes imposed by the State of Illinois or any unit |
| 21 | | of local government in this
State.
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| 22 | | (d) Except as provided in Section 2a, the collection of a |
| 23 | | tax based on
gallonage of gasoline used for the propulsion of |
| 24 | | any aircraft is prohibited
on and after October 1, 1979.
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| 25 | | (e) The collection of a tax, based on gallonage of all |
| 26 | | products commonly or
commercially known or sold as 1-K |
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| 1 | | kerosene, regardless of its classification
or uses, is |
| 2 | | prohibited (i) on and after July 1, 1992 until December 31, |
| 3 | | 1999,
except when the 1-K kerosene is either: (1) delivered |
| 4 | | into bulk storage
facilities of a bulk user, or (2) delivered |
| 5 | | directly into the fuel supply tanks
of motor vehicles and (ii) |
| 6 | | on and after January 1, 2000. Beginning on January
1, 2000, the |
| 7 | | collection of a tax, based on gallonage of all products |
| 8 | | commonly
or commercially known or sold as 1-K kerosene, |
| 9 | | regardless of its classification
or uses, is prohibited except |
| 10 | | when the 1-K kerosene is delivered directly into
a storage tank |
| 11 | | that is located at a facility that has withdrawal facilities
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| 12 | | that are readily accessible to and are capable of dispensing |
| 13 | | 1-K kerosene into
the fuel supply tanks of motor vehicles. For |
| 14 | | purposes of this subsection (e), a facility is considered to |
| 15 | | have withdrawal facilities that are not "readily accessible to |
| 16 | | and capable of dispensing 1-K kerosene into the fuel supply |
| 17 | | tanks of motor vehicles" only if the 1-K kerosene is delivered |
| 18 | | from: (i) a dispenser hose that is short enough so that it will |
| 19 | | not reach the fuel supply tank of a motor vehicle or (ii) a |
| 20 | | dispenser that is enclosed by a fence or other physical barrier |
| 21 | | so that a vehicle cannot pull alongside the dispenser to permit |
| 22 | | fueling.
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| 23 | | Any person who sells or uses 1-K kerosene for use in motor |
| 24 | | vehicles upon
which the tax imposed by this Law has not been |
| 25 | | paid shall be liable for any
tax due on the sales or use of 1-K |
| 26 | | kerosene.
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| 1 | | (Source: P.A. 96-1384, eff. 7-29-10.)
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| 2 | | (35 ILCS 505/2a) (from Ch. 120, par. 418a)
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| 3 | | Sec. 2a.
Except as hereinafter provided, on and after |
| 4 | | January 1,
1990 and before January 1, 2025, a tax of |
| 5 | | three-tenths of a cent per gallon
is imposed upon the privilege |
| 6 | | of being a receiver in this State of fuel for
sale or use.
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| 7 | | The tax shall be paid by the receiver in this State who |
| 8 | | first sells or uses
fuel. In the case of a sale, the tax shall |
| 9 | | be stated as a separate item on the
invoice.
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| 10 | | For the purpose of the tax imposed by this Section, being a |
| 11 | | receiver of
"motor fuel" as defined by Section 1.1 of this Act, |
| 12 | | and aviation fuels,
home heating oil and kerosene, but |
| 13 | | excluding liquified petroleum gases, is
subject to tax without |
| 14 | | regard to whether the fuel is intended to be used
for operation |
| 15 | | of motor vehicles on the public highways and waters.
However, |
| 16 | | no such tax shall be imposed upon the importation or receipt of
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| 17 | | aviation fuels and kerosene at airports with over 300,000 |
| 18 | | operations per year,
for years prior to 1991, and over 170,000 |
| 19 | | operations per year beginning in
1991, located in a city of |
| 20 | | more than 1,000,000 inhabitants for sale to or use
by holders |
| 21 | | of certificates of public convenience and necessity or foreign |
| 22 | | air
carrier permits, issued by the United States Department of |
| 23 | | Transportation, and
their air carrier affiliates, or upon the |
| 24 | | importation or receipt of aviation
fuels and kerosene at |
| 25 | | facilities owned or leased by those certificate or permit
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| 1 | | holders and used in their activities at an airport described |
| 2 | | above. In
addition, no such tax shall be imposed upon the |
| 3 | | importation or receipt of
diesel fuel or liquefied natural gas |
| 4 | | sold to or used by a rail carrier registered pursuant to
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| 5 | | Section 18c-7201 of the
Illinois Vehicle Code or otherwise |
| 6 | | recognized by the Illinois Commerce
Commission as a rail |
| 7 | | carrier, to the extent used directly in railroad
operations. In |
| 8 | | addition,
no such tax shall be imposed when the sale is made |
| 9 | | with delivery to a purchaser
outside this State or when the |
| 10 | | sale is made to a person holding a valid license
as a receiver. |
| 11 | | In addition, no tax shall be imposed upon diesel fuel or |
| 12 | | liquefied natural gas consumed
or used in the operation of |
| 13 | | ships, barges, or vessels,
that are used primarily in or for |
| 14 | | the transportation of property in interstate
commerce for hire |
| 15 | | on rivers bordering on this State, if the diesel fuel or |
| 16 | | liquefied natural gas is
delivered by a licensed receiver to |
| 17 | | the purchaser's barge, ship, or vessel
while it is afloat upon |
| 18 | | that bordering river. A specific notation thereof
shall be made |
| 19 | | on the invoices or sales slips covering each sale.
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| 20 | | (Source: P.A. 96-161, eff. 8-10-09.)
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| 21 | | (35 ILCS 505/5) (from Ch. 120, par. 421)
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| 22 | | Sec. 5.
Except as hereinafter provided, a person holding a |
| 23 | | valid unrevoked
license to act as a distributor of motor fuel |
| 24 | | shall, between the 1st and 20th
days of each calendar month, |
| 25 | | make return to the Department, showing an itemized
statement of |
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| 1 | | the number of invoiced gallons of motor fuel of the types
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| 2 | | specified in this Section which were purchased, acquired, |
| 3 | | received, or exported during the
preceding calendar month; the |
| 4 | | amount of such motor fuel produced, refined,
compounded, |
| 5 | | manufactured, blended, sold, distributed, exported, and used |
| 6 | | by the licensed
distributor during the preceding calendar |
| 7 | | month; the amount of such motor fuel
lost or destroyed during |
| 8 | | the preceding calendar month; the amount of
such motor fuel on |
| 9 | | hand at the close of business for such month; and such
other |
| 10 | | reasonable information as the Department may require. If a
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| 11 | | distributor's only activities with respect to motor fuel are |
| 12 | | either: (1)
production of
alcohol in quantities of less than |
| 13 | | 10,000 proof gallons per year or (2)
blending alcohol in |
| 14 | | quantities of less than 10,000 proof gallons per year
which |
| 15 | | such distributor has produced, he shall file returns on an |
| 16 | | annual
basis with the return for a given year being due by |
| 17 | | January 20 of the following
year. Distributors whose total |
| 18 | | production of alcohol (whether blended or
not) exceeds 10,000 |
| 19 | | proof gallons per year, based on production during the
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| 20 | | preceding (calendar) year or as reasonably projected by the |
| 21 | | Department if
one calendar year's record of production cannot |
| 22 | | be established, shall file
returns between the 1st and 20th |
| 23 | | days of each calendar month as hereinabove
provided.
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| 24 | | The types of motor fuel referred to in the preceding |
| 25 | | paragraph are: (A)
All products commonly or commercially known |
| 26 | | or sold as gasoline (including
casing-head and absorption or |
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| 1 | | natural gasoline), gasohol, motor benzol or motor
benzene |
| 2 | | regardless of their classification or uses; and (B) all |
| 3 | | combustible
gases, not including liquefied natural gas, which |
| 4 | | exist in a gaseous state at 60 degrees Fahrenheit and at 14.7
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| 5 | | pounds per square inch absolute including, but not limited to, |
| 6 | | liquefied
petroleum gases used for highway purposes; and (C) |
| 7 | | special fuel. Only those
quantities of combustible gases |
| 8 | | (example (B) above) which are used or sold by
the distributor |
| 9 | | to be used to propel motor vehicles on the public highways, or |
| 10 | | which
are delivered into a storage tank that is located at a |
| 11 | | facility that has
withdrawal facilities which are readily |
| 12 | | accessible to and are capable of
dispensing combustible gases |
| 13 | | into the fuel supply tanks of motor vehicles,
shall be subject |
| 14 | | to return. Distributors of liquefied natural gas are not |
| 15 | | required to make returns under this Section with respect to |
| 16 | | that liquefied natural gas unless (i) the liquefied natural gas |
| 17 | | is dispensed into the fuel supply tank of any motor vehicle or |
| 18 | | (ii) the liquefied natural gas is delivered into a storage tank |
| 19 | | that is located at a facility that has withdrawal facilities |
| 20 | | which are readily accessible to and are capable of dispensing |
| 21 | | liquefied natural gas into the fuel supply tanks of motor |
| 22 | | vehicles. For purposes of this Section, a facility is |
| 23 | | considered to have withdrawal facilities that are not "readily |
| 24 | | accessible to and capable of dispensing combustible gases into |
| 25 | | the fuel supply tanks of motor vehicles" only if the |
| 26 | | combustible gases or liquefied natural gas are delivered from: |
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| 1 | | (i) a dispenser hose that is short enough so that it will not |
| 2 | | reach the fuel supply tank of a motor vehicle or (ii) a |
| 3 | | dispenser that is enclosed by a fence or other physical barrier |
| 4 | | so that a vehicle cannot pull alongside the dispenser to permit |
| 5 | | fueling. For the purposes of this Act, liquefied petroleum
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| 6 | | gases shall mean and include any material having a vapor |
| 7 | | pressure not exceeding
that allowed for commercial propane |
| 8 | | composed predominantly of the following
hydrocarbons, either |
| 9 | | by themselves or as mixtures: Propane, Propylene, Butane
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| 10 | | (normal butane or iso-butane) and Butylene (including |
| 11 | | isomers).
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| 12 | | In case of a sale of special fuel to someone other than a |
| 13 | | licensed
distributor, or a licensed supplier, for a use other |
| 14 | | than in motor vehicles,
the distributor shall show in
his |
| 15 | | return the amount of invoiced gallons sold and the name and |
| 16 | | address of the
purchaser
in addition to any other information |
| 17 | | the Department may require.
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| 18 | | All special fuel sold or used for non-highway purposes must |
| 19 | | have a dye
added in accordance with Section 4d of this Law.
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| 20 | | In case of a tax-free sale, as provided in Section 6, of
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| 21 | | motor fuel which the distributor is required by this Section to |
| 22 | | include in
his return to the Department, the distributor in his |
| 23 | | return shall show:
(1) If the sale is made to another licensed |
| 24 | | distributor the amount
sold and the name, address and license |
| 25 | | number of the purchasing distributor;
(2) if the sale is made |
| 26 | | to a person where delivery is made outside of this
State the |
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| 1 | | name and address of such purchaser and the point of delivery
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| 2 | | together with the date and amount delivered; (3) if the sale is |
| 3 | | made to the
Federal Government or its instrumentalities the |
| 4 | | amount sold; (4) if the sale is made to a
municipal corporation |
| 5 | | owning and operating a local transportation
system for public |
| 6 | | service in this State the name and address of such
purchaser, |
| 7 | | and the amount sold, as evidenced by official forms of
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| 8 | | exemption certificates properly executed and furnished by such |
| 9 | | purchaser;
(5) if the sale is made to a privately owned public |
| 10 | | utility owning and
operating 2-axle vehicles designed and used |
| 11 | | for transporting more than 7
passengers, which vehicles are |
| 12 | | used as common carriers in general
transportation of |
| 13 | | passengers, are not devoted to any specialized purpose
and are |
| 14 | | operated entirely within the territorial limits of a single
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| 15 | | municipality or of any group of contiguous municipalities or in |
| 16 | | a close
radius thereof, and the operations of which are subject |
| 17 | | to the regulations
of the Illinois Commerce Commission, then |
| 18 | | the name and address of such
purchaser and the amount sold as |
| 19 | | evidenced by official forms of
exemption certificates properly |
| 20 | | executed and furnished by the purchaser;
(6) if the product |
| 21 | | sold is special fuel and if the sale is made to a
licensed |
| 22 | | supplier under conditions which qualify the sale for tax |
| 23 | | exemption
under Section 6 of this Act, the amount sold and the |
| 24 | | name, address and
license number of the purchaser; and (7) if a |
| 25 | | sale of special fuel is made
to
someone other than a licensed |
| 26 | | distributor, or a licensed supplier, for a use other than in |
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| 1 | | motor vehicles, by making a
specific notation thereof on the |
| 2 | | invoice or sales slip covering such sales and
obtaining such |
| 3 | | supporting documentation as may be required by the Department.
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| 4 | | All special fuel sold or used for non-highway purposes must |
| 5 | | have a dye
added
in accordance with Section 4d of this Law.
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| 6 | | A person whose license to act as a distributor of motor |
| 7 | | fuel has been
revoked shall make a return to the Department |
| 8 | | covering the period from the
date of the last return to the |
| 9 | | date of the revocation of the license, which
return shall be |
| 10 | | delivered to the Department not later than 10 days from the
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| 11 | | date of the revocation or termination of the license of such |
| 12 | | distributor;
the return shall in all other respects be subject |
| 13 | | to the same provisions
and conditions as returns by |
| 14 | | distributors licensed under the provisions of
this Act.
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| 15 | | The records, waybills and supporting documents kept by |
| 16 | | railroads and
other common carriers in the regular course of |
| 17 | | business shall be prima
facie evidence of the contents and |
| 18 | | receipt of cars or tanks covered by those
records, waybills or |
| 19 | | supporting documents.
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| 20 | | If the Department has reason to believe and does believe |
| 21 | | that the amount
shown on the return as purchased, acquired, |
| 22 | | received, exported, sold, used, lost
or destroyed is incorrect, |
| 23 | | or that
an amount of motor fuel of the types required by the |
| 24 | | second paragraph of
this Section to be reported to the |
| 25 | | Department
has not been correctly reported the Department shall |
| 26 | | fix
an amount for
such receipt, sales, export, use, loss or |
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| 1 | | destruction according to its best
judgment and
information, |
| 2 | | which amount so fixed by the Department shall be prima facie
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| 3 | | correct. All returns shall be made on forms prepared and |
| 4 | | furnished by the
Department, and shall contain such other |
| 5 | | information as the Department may
reasonably require. The |
| 6 | | return must be accompanied by appropriate
computer-generated |
| 7 | | magnetic media supporting schedule data in the format
required |
| 8 | | by the Department, unless, as provided by rule, the Department |
| 9 | | grants
an exception upon petition of a taxpayer.
All licensed |
| 10 | | distributors shall report all losses of motor fuel sustained on
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| 11 | | account of fire, theft, spillage, spoilage, leakage, or any |
| 12 | | other provable
cause when filing the return for the period |
| 13 | | during which the loss occurred. If the distributor reports |
| 14 | | losses due to fire or theft, then the distributor must include |
| 15 | | fire department or police department reports and any other |
| 16 | | documentation that the Department may require. The
mere making |
| 17 | | of the report does not assure the allowance of the loss as a
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| 18 | | reduction in tax liability.
Losses of motor fuel as the result |
| 19 | | of evaporation or shrinkage due to
temperature variations may |
| 20 | | not exceed 1% of the total
gallons in
storage at the beginning |
| 21 | | of the month, plus the receipts of gallonage during
the month, |
| 22 | | minus the gallonage remaining in storage at the end of the |
| 23 | | month.
Any loss reported that is in excess of 1% shall be |
| 24 | | subject
to the
tax imposed by Section 2 of this Law.
On and |
| 25 | | after July 1, 2001, for each 6-month period January through |
| 26 | | June, net
losses of motor fuel (for each category of motor fuel |
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| 1 | | that is required to be
reported on a return) as the result of |
| 2 | | evaporation or shrinkage due to
temperature variations may not |
| 3 | | exceed 1% of the total gallons in storage at the
beginning of |
| 4 | | each January, plus the receipts of gallonage each January |
| 5 | | through
June, minus the gallonage remaining in storage at the |
| 6 | | end of each June. On and
after July 1, 2001, for each 6-month |
| 7 | | period July through December, net losses
of motor fuel (for |
| 8 | | each category of motor fuel that is required to be reported
on |
| 9 | | a return) as the result of evaporation or shrinkage due to |
| 10 | | temperature
variations may not exceed 1% of the total gallons |
| 11 | | in storage at the beginning
of each July, plus the receipts of |
| 12 | | gallonage each July through December, minus
the gallonage |
| 13 | | remaining in storage at the end of each December. Any net loss
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| 14 | | reported that is in excess of this amount shall be subject to |
| 15 | | the tax imposed
by Section 2 of this Law. For purposes of this |
| 16 | | Section, "net loss" means the
number of gallons gained through |
| 17 | | temperature variations minus the number of
gallons lost through |
| 18 | | temperature variations or evaporation for each of the
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| 19 | | respective 6-month periods.
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| 20 | | (Source: P.A. 96-1384, eff. 7-29-10.)
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| 21 | | Section 10. The Weights and Measures Act is amended by |
| 22 | | changing Sections 2 and 8 as follows:
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| 23 | | (225 ILCS 470/2) (from Ch. 147, par. 102)
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| 24 | | Sec. 2. Definitions. As used in this Act:
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| 1 | | "Person" means both singular and plural as the case |
| 2 | | demands,
and includes individuals, partnerships, corporations, |
| 3 | | companies, societies
and associations.
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| 4 | | "Weights and measures" means all weights and measures of |
| 5 | | every kind,
instruments and devices for weighing and measuring, |
| 6 | | and any appliances and
accessories associated with any or all |
| 7 | | such instruments and devices,
including all grain moisture |
| 8 | | measuring devices, but does not include meters
for the |
| 9 | | measurement of electricity, gas (natural or manufactured) or |
| 10 | | water
operated in a public utility system. These electricity |
| 11 | | meters,
gas
meters, and water
meters, and their appliances or |
| 12 | | accessories, and slo
flo meters,
are specifically excluded from |
| 13 | | the scope and applicability of this Act.
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| 14 | | "Sell" and "sale" includes barter and exchange.
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| 15 | | "Director" means the Director of Agriculture.
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| 16 | | "Department" means the Department of Agriculture.
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| 17 | | "Inspector" means an inspector of weights and measures of |
| 18 | | this
State.
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| 19 | | "Sealer" and "deputy sealer" mean, respectively, a sealer |
| 20 | | of weights
and measures and a deputy sealer of weights and |
| 21 | | measures of a city.
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| 22 | | "Intrastate commerce" means any and all commerce or trade |
| 23 | | that is
commenced, conducted and completed wholly within the |
| 24 | | limits of this State,
and the phrase "introduced into |
| 25 | | intrastate commerce" means the time and
place at which the |
| 26 | | first sale and delivery being made either directly to
the |
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| 1 | | purchaser or to a carrier for shipment to the purchaser.
|
| 2 | | "Commodity in package form" means a commodity put up or |
| 3 | | packaged in
any manner in advance of sale in units suitable for |
| 4 | | either wholesale or
retail sale, excluding any auxiliary |
| 5 | | shipping container enclosing packages
which individually |
| 6 | | conform to the requirements of this Act. An individual
item or |
| 7 | | lot of any commodity not in package form as defined in this |
| 8 | | Section
but on which there is marked a selling price based on |
| 9 | | an established price
per unit of weight or of measure shall be |
| 10 | | deemed a commodity in package
form.
|
| 11 | | "Consumer package" and "package of consumer commodity" |
| 12 | | mean any
commodity in package form that is customarily produced |
| 13 | | or distributed for
sale through retail sales agencies or |
| 14 | | instrumentalities for consumption by
individuals or use by |
| 15 | | individuals for the purposes of personal care or in
the |
| 16 | | performance of services ordinarily rendered in or about the |
| 17 | | household
or in connection with personal possessions, and which |
| 18 | | usually is consumed
or expended in the course of such |
| 19 | | consumption or use.
|
| 20 | | "Nonconsumer package" and "package of nonconsumer |
| 21 | | commodity" mean
any commodity in package form other than a |
| 22 | | consumer package, and
particularly a package designed solely |
| 23 | | for industrial or institutional use
or for wholesale |
| 24 | | distribution only.
|
| 25 | | "Certificate of Conformance" means a document issued by the
|
| 26 | | National Conference on Weights and Measures based on
testing in |
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| 1 | | participating laboratories
that indicates that the weights and |
| 2 | | measures or weighing and
measuring
device conform with the |
| 3 | | requirements of National Institute of
Standards and |
| 4 | | Technology's
Handbooks 44, 105-1, 105-2, 105-3, 105-4, or 105-8 |
| 5 | | and any subsequent
revisions or
supplements thereto.
|
| 6 | | "Prepackage inspection violation" means that the majority |
| 7 | | of the
lots of prepackaged commodities inspected at a single |
| 8 | | location are found to
have one or more packages below the |
| 9 | | maximum allowable variation as
published in the National |
| 10 | | Institute of Standards and
Technology Handbook 133 or the
|
| 11 | | majority of the lots inspected at a single location are found |
| 12 | | to be below
the stated net weight declaration on an average.
|
| 13 | | "Diesel gallon equivalent" means 6.06 pounds of liquefied |
| 14 | | natural gas or 6.41 pounds of propane. |
| 15 | | "Gasoline gallon equivalent" means 5.660 pounds of |
| 16 | | compressed natural gas. |
| 17 | | (Source: P.A. 96-1333, eff. 7-27-10.)
|
| 18 | | (225 ILCS 470/8) (from Ch. 147, par. 108)
|
| 19 | | Sec. 8. Regulations; issuance; contents. The Director |
| 20 | | shall from time to
time issue reasonable regulations
for |
| 21 | | enforcement of this Act that shall have the force and effect of
|
| 22 | | law. In
determining these regulations, he shall appoint, |
| 23 | | consult
with, and be advised by
committees representative of |
| 24 | | industries to be affected by the
regulations.
These regulations |
| 25 | | may include (1) standards of net weight, measure or
count, and |
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| 1 | | reasonable standards of fill, for any commodity in package |
| 2 | | form,
(2) rules governing the technical and reporting |
| 3 | | procedures to be followed
and the report and record forms and |
| 4 | | marks of approval and rejection to be
used by inspectors of |
| 5 | | weights and measures in the discharge of their
official duties, |
| 6 | | and (3) exemptions from the sealing or marking
requirements of |
| 7 | | Section 14 of this Act with respect to weights and
measures of |
| 8 | | such character or size that such sealing or marking would be
|
| 9 | | inappropriate, impracticable, or damaging to the apparatus in |
| 10 | | question.
These regulations shall include specifications, |
| 11 | | tolerances, and regulations
for weights and measures, of the |
| 12 | | character of those specified in Section 10
of this Act, |
| 13 | | designed to eliminate from use (without prejudice to
apparatus |
| 14 | | that conforms as closely as practicable to the official
|
| 15 | | standards) such weights and measures as are (1) inaccurate, (2) |
| 16 | | of faulty
construction (that is, not reasonably permanent in |
| 17 | | their adjustment or not
capable of correct repetition of their |
| 18 | | indications), or (3) conducive to
the perpetration of fraud. |
| 19 | | Specifications, tolerances, and regulations for
commercial |
| 20 | | weighing and measuring devices recommended by the National
|
| 21 | | Institute of Standards and Technology and published in
National |
| 22 | | Institute of Standards and Technology Handbook
44 and |
| 23 | | supplements thereto or in any publication revising or |
| 24 | | superseding
Handbook 44, shall be the specifications, |
| 25 | | tolerances, and regulations for
commercial weighing and |
| 26 | | measuring devices of this State, except insofar as
specifically |
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| 1 | | modified, amended, or rejected by a regulation issued by the
|
| 2 | | Director. Notwithstanding the provisions of this paragraph, |
| 3 | | liquefied natural gas and propane used as motor fuel shall be |
| 4 | | sold in diesel gallon equivalents, and compressed natural gas |
| 5 | | shall be sold in gasoline gallon equivalents. Propane used as |
| 6 | | motor fuel shall be sold in actual measured gallon volumetric |
| 7 | | units, which shall then be multiplied by 0.651 to determine the |
| 8 | | diesel gallon equivalents that are subject to tax under the |
| 9 | | Motor Fuel Tax Law.
|
| 10 | | The National Institute of Standards and Technology
|
| 11 | | Handbook 133 and its supplements, or any publication revising |
| 12 | | or superseding Handbook 133, shall be the
method for checking |
| 13 | | the net contents of commodities in package form. The
National |
| 14 | | Institute of Standards and Technology Handbooks
105-1, 105-2, |
| 15 | | 105-3, 105-4, 105-8, and their supplements, or any publication |
| 16 | | revising or superseding Handbooks
105-1, 105-2,
105-3, 105-4, |
| 17 | | and 105-8 shall be specifications and tolerances for reference
|
| 18 | | standards and
field standards weights and measures.
|
| 19 | | For purposes of this Act, apparatus shall be deemed |
| 20 | | "correct"
when it conforms to all applicable requirements |
| 21 | | promulgated as specified in
this Section. Apparatus that does |
| 22 | | not conform to all applicable
requirements shall be deemed |
| 23 | | "incorrect".
|
| 24 | | The Director is authorized to prescribe by regulation, |
| 25 | | after
public hearings, container sizes for fluid dairy products |
| 26 | | and container sizes for ice cream,
frozen desserts, and similar |
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| 1 | | items.
|
| 2 | | For the purposes of this Act, any apparatus certified by |
| 3 | | the
Department or city sealer as of July 1, 2012 satisfies |
| 4 | | construction and installation
requirements. |
| 5 | | The Uniform Packaging and Labeling Regulation and the |
| 6 | | Uniform Regulation
for the Method of Sale of Commodities in the |
| 7 | | National Institute
of
Standards
and Technology Handbook 130, |
| 8 | | and any of its subsequent supplements or
revisions, shall be
|
| 9 | | the requirements and standards governing the packaging, |
| 10 | | labeling, and
method
of sale of commodities for this State, |
| 11 | | except insofar as specifically
modified, amended, or rejected |
| 12 | | by regulation issued by the Director, and except that liquefied |
| 13 | | natural gas used as motor fuel shall be sold in diesel gallon |
| 14 | | equivalents, and compressed natural gas shall be sold in |
| 15 | | gasoline gallon equivalents.
|
| 16 | | (Source: P.A. 98-342, eff. 8-13-13.)
|
| 17 | | Section 15. The Environmental Impact Fee Law is amended by |
| 18 | | changing Section 310 as follows:
|
| 19 | | (415 ILCS 125/310)
|
| 20 | | (Section scheduled to be repealed on January 1, 2025)
|
| 21 | | Sec. 310. Environmental impact fee; imposition. Beginning |
| 22 | | January 1, 1996,
all receivers of fuel are subject to an |
| 23 | | environmental impact fee of $60 per
7,500 gallons of fuel, or |
| 24 | | an equivalent amount per fraction thereof, that is
sold or used |
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| 1 | | in Illinois. The fee shall be paid by the receiver in this |
| 2 | | State
who first sells or uses the fuel. The environmental |
| 3 | | impact fee imposed by this
Law replaces the fee imposed under |
| 4 | | the corresponding provisions of Article 3 of
Public Act 89-428. |
| 5 | | Environmental impact fees paid under that Article 3 shall
|
| 6 | | satisfy the receiver's corresponding liability under this Law.
|
| 7 | | A receiver of fuels is subject to the fee without regard to |
| 8 | | whether the fuel
is intended to be used for operation of motor |
| 9 | | vehicles on the public highways
and waters. However, no fee |
| 10 | | shall be imposed upon the importation or receipt
of aviation |
| 11 | | fuels and kerosene at airports with over 170,000 operations per
|
| 12 | | year, located in a city of more than 1,000,000 inhabitants, for |
| 13 | | sale to or use
by holders of certificates of public convenience |
| 14 | | and necessity or foreign air
carrier permits, issued by the |
| 15 | | United States Department of Transportation, and
their air |
| 16 | | carrier affiliates, or upon the importation or receipt of |
| 17 | | aviation
fuels and kerosene at facilities owned or leased by |
| 18 | | those certificate or permit
holders and used in their |
| 19 | | activities at an airport described above. In
addition, no fee |
| 20 | | may be imposed upon the importation or receipt of diesel fuel
|
| 21 | | or liquefied natural gas sold to or used by a rail carrier |
| 22 | | registered under Section 18c-7201 of the
Illinois Vehicle
Code |
| 23 | | or otherwise recognized by the Illinois Commerce Commission as |
| 24 | | a rail
carrier, to the extent used directly in railroad |
| 25 | | operations. In
addition, no fee may be
imposed when the sale is |
| 26 | | made with delivery to a purchaser outside this State
or when |
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| 1 | | the sale is made to a person holding a valid license as a |
| 2 | | receiver.
In addition, no fee shall be imposed upon diesel fuel |
| 3 | | or liquefied natural gas consumed or used in the
operation of |
| 4 | | ships, barges, or vessels, that are used primarily in or for |
| 5 | | the
transportation of property in interstate commerce for hire |
| 6 | | on rivers bordering
on this State, if the diesel fuel or |
| 7 | | liquefied natural gas is delivered by a licensed receiver to |
| 8 | | the
purchaser's barge, ship, or vessel while it is afloat upon |
| 9 | | that bordering
river. A specific notation thereof shall be made |
| 10 | | on the invoices or sales
slips covering each sale.
|
| 11 | | (Source: P.A. 92-232, eff. 8-2-01.)
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| | 1 | |
INDEX
| | 2 | |
Statutes amended in order of appearance
|
|