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| Public Act 102-0217
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| SB1657 Enrolled | LRB102 11702 SPS 17036 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Weights and Measures Act is amended by |
changing Section 8.1 as follows:
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(225 ILCS 470/8.1)
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Sec. 8.1. Registration of servicepersons, service agencies |
agents, and
special sealers. |
(a) No person,
firm, or corporation shall sell, install, |
service, recondition or repair a
weighing or measuring device |
used in trade or commerce without first obtaining
a |
certificate of registration. A certificate of registration |
shall be renewed annually. Applications by individuals for a |
certificate
of registration shall be made to the Department, |
in a manner shall be in writing on forms
prescribed by the |
Department, and shall be accompanied by the required fee.
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(b) Each application shall provide such information that |
will enable the
Department to pass on the qualifications of |
the applicant for the
certificate of registration. The |
information requests shall
include
present residence, location |
of the business to be licensed under this Act,
whether the |
applicant has had any previous registration under this Act or
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any federal, state, county, or local law, ordinance, or |
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regulation
relating
to servicepersons and service agencies |
Agencies, whether the applicant has
ever had
a registration |
suspended or revoked, whether the applicant has been
convicted |
of a felony, and such other information as the Department |
deems
necessary to determine if the applicant is qualified to |
receive a
certificate of registration.
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(c) Before any certificate of registration is issued, the |
Department shall
require the registrant to meet the following |
qualifications:
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(1) Has possession of or available for use weights and
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measures, standards,
and testing equipment appropriate in |
design and adequate in amount to provide
the services for |
which the person is requesting registration.
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(2) Passes a qualifying examination or completes a |
continuing education course for each type of weighing
or |
measuring
device he intends to install, service, |
recondition, or repair as required under this Section.
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(3) Demonstrates a working knowledge of weighing and |
measuring
devices
for which he intends to be registered.
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(4) Has a working knowledge of all appropriate weights |
and
measures laws
and their rules and regulations.
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(5) Has available a current copy of National Institute |
of Standards and
Technology Handbook 44.
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(6) Pays the prescribed registration fee for the type |
of
registration:
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(A) The annual fee for a Serviceperson Certificate |
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of
Registration shall be
$30.
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(B) The annual fee for a Special Sealer |
Certificate of
Registration shall
be
$100.
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(C) The annual fee for a Service Agency |
Certificate of
Registration shall
be
$100.
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(d) If a registrant fails to renew a certificate of |
registration for more than one registration year, the |
registrant shall pass a qualifying examination for each type |
of weighing and measuring device the registrant intends to |
install, service, recondition, or repair before the |
registrant's certificate of registration is renewed. |
Beginning with the 2022 registration year, a registrant |
must complete a continuing education course for each type of |
weighing and measuring device the registrant intends to |
install, service, recondition, or repair. A registrant must |
complete a continuing education course every 5 years |
thereafter, provided the serviceperson, service agency, or |
special sealer is registered annually and remains in good |
standing. If a serviceperson, service agency, or special |
sealer fails to register with the Department, he or she must |
retest after a year lapse. For those registrants that have |
been continuously registered for 5 or more years on the |
effective date of this amendatory Act of the 102nd General |
Assembly, the Department shall require one-third of those |
registrants to complete a continuing education course required |
under this Section in the 2022 registration year, one-third of |
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those registrants to complete a continuing education course in |
the 2023 registration year, and one-third of those registrants |
to complete a continuing education course in the 2024 |
registration year. |
(e) As used in this Section: |
"Commercial weighing and measuring device" means any |
weight or measure
or weighing or measuring device commercially |
used or employed (i) in
establishing
size, quantity, extent, |
area, or measurement of quantities, things, produce,
or |
articles for distribution or consumption which are purchased, |
offered,
or submitted for sale, hire, or award, or (ii) in |
computing any basic
charge
or payment for services rendered, |
except as otherwise excluded by Section
2 of this Act, and |
shall also include any accessory attached to or used
in |
connection with a commercial weighing or measuring device when |
the
accessory is so designed or installed that its operation |
affects, or may
affect, the accuracy of the device. |
"Continuing education course" means an online course |
prepared and provided by the Department. The continuing |
education course shall be available through a link on the |
Department's website and shall provide the registrant with |
information concerning industry and Department practices. To |
complete the continuing education course, the registrant is |
required to review the educational materials but is not |
required to pass an examination. |
"Registrant" means any individual, partnership, |
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corporation, agency, firm,
or company registered by the |
Department who installs, services, repairs,
or reconditions, |
for hire, award, commission, or any other payment of
any
kind, |
any commercial weighing or measuring device.
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"Commercial weighing and measuring device" means any |
weight or measure
or weighing or measuring device commercially |
used or employed (i) in
establishing
size, quantity, extent, |
area, or measurement of quantities, things, produce,
or |
articles for distribution or consumption which are purchased, |
offered,
or submitted for sale, hire, or award, or (ii) in |
computing any basic
charge
or payment for services rendered, |
except as otherwise excluded by Section
2 of this Act, and |
shall also include any accessory attached to or used
in |
connection with a commercial weighing or measuring device when |
the
accessory is so designed or installed that its operation |
affects, or may
affect, the accuracy of the device.
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"Serviceperson" means any individual who sells, installs, |
services,
repairs, or
reconditions, for hire, award, |
commission, or any other payment of
kind,
a commercial |
weighing or measuring device. Each serviceperson must be |
associated with a primary service agency.
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"Service agency" means any individual, agency, firm, |
company, or corporation
that, for hire, award, commission, or |
any other payment of
any kind, sells, installs,
services, |
repairs, or reconditions a commercial weighing or measuring |
device. Each service agency shall have a registered |
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serviceperson prior to qualifying as a registered service |
agency.
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"Special sealer" means any serviceperson who is allowed to |
service only one
service agency's liquid petroleum meters or |
liquid petroleum measuring
devices.
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(f) Each registered service agency and serviceperson shall |
have report forms,
known as "Placed in Service Reports". An |
original and 2 copies of these forms shall be
executed and |
shall include the assigned registration number for both the
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registered serviceperson and the registered service agency for
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each rejected or repaired device restored to service and for
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each newly installed device placed in service. The report (in |
the case
where a registered serviceperson is representing a |
registered service
agency both assigned registration numbers |
shall be included), and shall be
signed by a registered |
serviceperson or by a registered serviceperson
representing a |
registered service agency for each rejected or repaired
device |
restored to service and for each newly installed device placed |
in
service.
Whenever a registered serviceperson or special |
sealer places into service a
weighing or
measuring device, |
there shall be affixed to the device indicator a decal
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provided by the Department that indicates the device accuracy.
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Within 5 days after a device is restored to service or |
placed in service,
the original of a properly executed "Placed |
in Service Report", together
with any official rejection tag |
or seal removed from the device, shall be submitted in a manner |
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prescribed by
mailed to the Department. A copy of the report |
shall be handed
to the owner or operator of the device and a |
copy of the report
shall be retained by the service agency or |
serviceperson.
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All field standards that are used for servicing and |
testing weights and measures devices for which competence is |
registered shall be submitted to the Director for initial and |
subsequent verification and calibration at least once every 2 |
years or as otherwise determined by the Director. When |
servicing commercial weighing or measuring devices, a |
registered serviceperson or registered service agency shall |
not use any field standards or testing equipment that have not |
been calibrated or verified by the Director. In lieu of |
submission of physical standards, the Director may accept |
calibration reports, verification reports, or both from any |
laboratory that is formally accredited or recognized. The |
Director shall maintain a list of organizations from which the |
Department will accept calibration reports. The Department |
shall retain the right to monitor periodically calibration |
results, to verify field standard compliance to specifications |
and tolerance when field standards are initially placed into |
service or at any intermediate point between calibration, or |
both.
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(g) Persons working as apprentices are not subject to |
registration if they
work with and under the supervision of a |
registered serviceperson.
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(h) The Director is authorized to promulgate, after public |
hearing, rules
and regulations necessary to enforce the |
provisions of this Section.
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For good cause and after a hearing upon reasonable notice, |
the Director
may deny any application for registration or any |
application for renewal
of registration, or may revoke or |
suspend the registration of any registrant.
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The Director may publish from time to time as he deems |
appropriate, and
may supply upon request, lists of registered |
servicepersons and registered
service agencies.
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All final administrative decisions of the Director under |
this Section shall
be subject to judicial review under the |
Administrative
Review Law. The term "administrative
decision"
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is defined as in Section 3-101 of the Code of Civil Procedure.
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(Source: P.A. 96-1310, eff. 7-27-10; 96-1333, eff. 7-27-10; |
97-333, eff. 8-12-11.)
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