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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:
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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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| | SB1657 | | LRB102 11702 SPS 17036 b |
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| 1 | | AN ACT concerning regulation.
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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 Weights and Measures Act is amended by |
| 5 | | changing Section 8.1 as follows:
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| 6 | | (225 ILCS 470/8.1)
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| 7 | | Sec. 8.1. Registration of servicepersons, service agencies |
| 8 | | agents, and
special sealers. |
| 9 | | (a) No person,
firm, or corporation shall sell, install, |
| 10 | | service, recondition or repair a
weighing or measuring device |
| 11 | | used in trade or commerce without first obtaining
a |
| 12 | | certificate of registration. A certificate of registration |
| 13 | | shall be renewed annually. Applications by individuals for a |
| 14 | | certificate
of registration shall be made to the Department, |
| 15 | | in a manner shall be in writing on forms
prescribed by the |
| 16 | | Department, and shall be accompanied by the required fee.
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| 17 | | (b) Each application shall provide such information that |
| 18 | | will enable the
Department to pass on the qualifications of |
| 19 | | the applicant for the
certificate of registration. The |
| 20 | | information requests shall
include
present residence, location |
| 21 | | of the business to be licensed under this Act,
whether the |
| 22 | | applicant has had any previous registration under this Act or
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| 23 | | any federal, state, county, or local law, ordinance, or |
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| 1 | | regulation
relating
to servicepersons and service agencies |
| 2 | | Agencies, whether the applicant has
ever had
a registration |
| 3 | | suspended or revoked, whether the applicant has been
convicted |
| 4 | | of a felony, and such other information as the Department |
| 5 | | deems
necessary to determine if the applicant is qualified to |
| 6 | | receive a
certificate of registration.
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| 7 | | (c) Before any certificate of registration is issued, the |
| 8 | | Department shall
require the registrant to meet the following |
| 9 | | qualifications:
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| 10 | | (1) Has possession of or available for use weights and
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| 11 | | measures, standards,
and testing equipment appropriate in |
| 12 | | design and adequate in amount to provide
the services for |
| 13 | | which the person is requesting registration.
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| 14 | | (2) Passes a qualifying examination or completes a |
| 15 | | continuing education course for each type of weighing
or |
| 16 | | measuring
device he intends to install, service, |
| 17 | | recondition, or repair as required under this Section.
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| 18 | | (3) Demonstrates a working knowledge of weighing and |
| 19 | | measuring
devices
for which he intends to be registered.
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| 20 | | (4) Has a working knowledge of all appropriate weights |
| 21 | | and
measures laws
and their rules and regulations.
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| 22 | | (5) Has available a current copy of National Institute |
| 23 | | of Standards and
Technology Handbook 44.
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| 24 | | (6) Pays the prescribed registration fee for the type |
| 25 | | of
registration:
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| 26 | | (A) The annual fee for a Serviceperson Certificate |
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| 1 | | of
Registration shall be
$30.
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| 2 | | (B) The annual fee for a Special Sealer |
| 3 | | Certificate of
Registration shall
be
$100.
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| 4 | | (C) The annual fee for a Service Agency |
| 5 | | Certificate of
Registration shall
be
$100.
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| 6 | | (d) If a registrant fails to renew a certificate of |
| 7 | | registration for more than one registration year, the |
| 8 | | registrant shall pass a qualifying examination for each type |
| 9 | | of weighing and measuring device the registrant intends to |
| 10 | | install, service, recondition, or repair before the |
| 11 | | registrant's certificate of registration is renewed. |
| 12 | | Beginning with the 2022 registration year, a registrant |
| 13 | | must complete a continuing education course for each type of |
| 14 | | weighing and measuring device the registrant intends to |
| 15 | | install, service, recondition, or repair. A registrant must |
| 16 | | complete a continuing education course every 5 years |
| 17 | | thereafter, provided the serviceperson, service agency, or |
| 18 | | special sealer is registered annually and remains in good |
| 19 | | standing. If a serviceperson, service agency, or special |
| 20 | | sealer fails to register with the Department, he or she must |
| 21 | | retest after a year lapse. For those registrants that have |
| 22 | | been continuously registered for 5 or more years on the |
| 23 | | effective date of this amendatory Act of the 102nd General |
| 24 | | Assembly, the Department shall require one-third of those |
| 25 | | registrants to complete a continuing education course required |
| 26 | | under this Section in the 2022 registration year, one-third of |
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| 1 | | those registrants to complete a continuing education course in |
| 2 | | the 2023 registration year, and one-third of those registrants |
| 3 | | to complete a continuing education course in the 2024 |
| 4 | | registration year. |
| 5 | | (e) As used in this Section: |
| 6 | | "Commercial weighing and measuring device" means any |
| 7 | | weight or measure
or weighing or measuring device commercially |
| 8 | | used or employed (i) in
establishing
size, quantity, extent, |
| 9 | | area, or measurement of quantities, things, produce,
or |
| 10 | | articles for distribution or consumption which are purchased, |
| 11 | | offered,
or submitted for sale, hire, or award, or (ii) in |
| 12 | | computing any basic
charge
or payment for services rendered, |
| 13 | | except as otherwise excluded by Section
2 of this Act, and |
| 14 | | shall also include any accessory attached to or used
in |
| 15 | | connection with a commercial weighing or measuring device when |
| 16 | | the
accessory is so designed or installed that its operation |
| 17 | | affects, or may
affect, the accuracy of the device. |
| 18 | | "Continuing education course" means an online course |
| 19 | | prepared and provided by the Department. The continuing |
| 20 | | education course shall be available through a link on the |
| 21 | | Department's website and shall provide the registrant with |
| 22 | | information concerning industry and Department practices. To |
| 23 | | complete the continuing education course, the registrant is |
| 24 | | required to review the educational materials but is not |
| 25 | | required to pass an examination. |
| 26 | | "Registrant" means any individual, partnership, |
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| 1 | | corporation, agency, firm,
or company registered by the |
| 2 | | Department who installs, services, repairs,
or reconditions, |
| 3 | | for hire, award, commission, or any other payment of
any
kind, |
| 4 | | any commercial weighing or measuring device.
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| 5 | | "Commercial weighing and measuring device" means any |
| 6 | | weight or measure
or weighing or measuring device commercially |
| 7 | | used or employed (i) in
establishing
size, quantity, extent, |
| 8 | | area, or measurement of quantities, things, produce,
or |
| 9 | | articles for distribution or consumption which are purchased, |
| 10 | | offered,
or submitted for sale, hire, or award, or (ii) in |
| 11 | | computing any basic
charge
or payment for services rendered, |
| 12 | | except as otherwise excluded by Section
2 of this Act, and |
| 13 | | shall also include any accessory attached to or used
in |
| 14 | | connection with a commercial weighing or measuring device when |
| 15 | | the
accessory is so designed or installed that its operation |
| 16 | | affects, or may
affect, the accuracy of the device.
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| 17 | | "Serviceperson" means any individual who sells, installs, |
| 18 | | services,
repairs, or
reconditions, for hire, award, |
| 19 | | commission, or any other payment of
kind,
a commercial |
| 20 | | weighing or measuring device. Each serviceperson must be |
| 21 | | associated with a primary service agency.
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| 22 | | "Service agency" means any individual, agency, firm, |
| 23 | | company, or corporation
that, for hire, award, commission, or |
| 24 | | any other payment of
any kind, sells, installs,
services, |
| 25 | | repairs, or reconditions a commercial weighing or measuring |
| 26 | | device. Each service agency shall have a registered |
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| 1 | | serviceperson prior to qualifying as a registered service |
| 2 | | agency.
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| 3 | | "Special sealer" means any serviceperson who is allowed to |
| 4 | | service only one
service agency's liquid petroleum meters or |
| 5 | | liquid petroleum measuring
devices.
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| 6 | | (f) Each registered service agency and serviceperson shall |
| 7 | | have report forms,
known as "Placed in Service Reports". An |
| 8 | | original and 2 copies of these forms shall be
executed and |
| 9 | | shall include the assigned registration number for both the
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| 10 | | registered serviceperson and the registered service agency for
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| 11 | | each rejected or repaired device restored to service and for
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| 12 | | each newly installed device placed in service. The report (in |
| 13 | | the case
where a registered serviceperson is representing a |
| 14 | | registered service
agency both assigned registration numbers |
| 15 | | shall be included), and shall be
signed by a registered |
| 16 | | serviceperson or by a registered serviceperson
representing a |
| 17 | | registered service agency for each rejected or repaired
device |
| 18 | | restored to service and for each newly installed device placed |
| 19 | | in
service.
Whenever a registered serviceperson or special |
| 20 | | sealer places into service a
weighing or
measuring device, |
| 21 | | there shall be affixed to the device indicator a decal
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| 22 | | provided by the Department that indicates the device accuracy.
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| 23 | | Within 5 days after a device is restored to service or |
| 24 | | placed in service,
the original of a properly executed "Placed |
| 25 | | in Service Report", together
with any official rejection tag |
| 26 | | or seal removed from the device, shall be submitted in a manner |
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| 1 | | prescribed by
mailed to the Department. A copy of the report |
| 2 | | shall be handed
to the owner or operator of the device and a |
| 3 | | copy of the report
shall be retained by the service agency or |
| 4 | | serviceperson.
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| 5 | | All field standards that are used for servicing and |
| 6 | | testing weights and measures devices for which competence is |
| 7 | | registered shall be submitted to the Director for initial and |
| 8 | | subsequent verification and calibration at least once every 2 |
| 9 | | years or as otherwise determined by the Director. When |
| 10 | | servicing commercial weighing or measuring devices, a |
| 11 | | registered serviceperson or registered service agency shall |
| 12 | | not use any field standards or testing equipment that have not |
| 13 | | been calibrated or verified by the Director. In lieu of |
| 14 | | submission of physical standards, the Director may accept |
| 15 | | calibration reports, verification reports, or both from any |
| 16 | | laboratory that is formally accredited or recognized. The |
| 17 | | Director shall maintain a list of organizations from which the |
| 18 | | Department will accept calibration reports. The Department |
| 19 | | shall retain the right to monitor periodically calibration |
| 20 | | results, to verify field standard compliance to specifications |
| 21 | | and tolerance when field standards are initially placed into |
| 22 | | service or at any intermediate point between calibration, or |
| 23 | | both.
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| 24 | | (g) Persons working as apprentices are not subject to |
| 25 | | registration if they
work with and under the supervision of a |
| 26 | | registered serviceperson.
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| 1 | | (h) The Director is authorized to promulgate, after public |
| 2 | | hearing, rules
and regulations necessary to enforce the |
| 3 | | provisions of this Section.
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| 4 | | For good cause and after a hearing upon reasonable notice, |
| 5 | | the Director
may deny any application for registration or any |
| 6 | | application for renewal
of registration, or may revoke or |
| 7 | | suspend the registration of any registrant.
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| 8 | | The Director may publish from time to time as he deems |
| 9 | | appropriate, and
may supply upon request, lists of registered |
| 10 | | servicepersons and registered
service agencies.
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| 11 | | All final administrative decisions of the Director under |
| 12 | | this Section shall
be subject to judicial review under the |
| 13 | | Administrative
Review Law. The term "administrative
decision"
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| 14 | | is defined as in Section 3-101 of the Code of Civil Procedure.
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| 15 | | (Source: P.A. 96-1310, eff. 7-27-10; 96-1333, eff. 7-27-10; |
| 16 | | 97-333, eff. 8-12-11.)
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