Bill Text: IL SB1657 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Weights and Measures Act. Provides continuing education requirements for persons registered to install, service, recondition, or repair a weighing or measuring device used in trade or commerce. Provides for a phase-in process to apply continuing education requirements for persons currently registered to install, service, recondition, or repair a weighing or measuring device used in trade or commerce. Provides that applications and reports shall be filed in a manner prescribed by the Director of Agriculture (currently, in writing). Defines "continuing education course". Makes other changes.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2021-07-30 - Public Act . . . . . . . . . 102-0217 [SB1657 Detail]

Download: Illinois-2021-SB1657-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB1657 Introduced 2/26/2021, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED:
225 ILCS 470/8.1
Amends the Weights and Measures Act. Provides continuing education requirements for persons registered to install, service, recondition, or repair a weighing or measuring device used in trade or commerce. Provides for a phase-in process to apply continuing education requirements for persons currently registered to install, service, recondition, or repair a weighing or measuring device used in trade or commerce. Provides that applications and reports shall be filed in a manner prescribed by the Director of Agriculture (currently, in writing). Defines "continuing education course". Makes other changes.
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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 Section 8.1 as follows:
(225 ILCS 470/8.1)
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.
(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
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.
(c) Before any certificate of registration is issued, the
Department shall require the registrant to meet the following
qualifications:
(1) Has possession of or available for use weights and
measures, standards, and testing equipment appropriate in
design and adequate in amount to provide the services for
which the person is requesting registration.
(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.
(3) Demonstrates a working knowledge of weighing and
measuring devices for which he intends to be registered.
(4) Has a working knowledge of all appropriate weights
and measures laws and their rules and regulations.
(5) Has available a current copy of National Institute
of Standards and Technology Handbook 44.
(6) Pays the prescribed registration fee for the type
of registration:
(A) The annual fee for a Serviceperson Certificate

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of Registration shall be $30.
(B) The annual fee for a Special Sealer
Certificate of Registration shall be $100.
(C) The annual fee for a Service Agency
Certificate of Registration shall be $100.
(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.
"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.
"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.
"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.
"Special sealer" means any serviceperson who is allowed to
service only one service agency's liquid petroleum meters or
liquid petroleum measuring devices.
(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
registered serviceperson and the registered service agency for
each rejected or repaired device restored to service and for
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
provided by the Department that indicates the device accuracy.
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.
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.
(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.
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.
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.
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"
is defined as in Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 96-1310, eff. 7-27-10; 96-1333, eff. 7-27-10;
97-333, eff. 8-12-11.)