Public Act 102-0217
 
SB1657 EnrolledLRB102 11702 SPS 17036 b


  
    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 
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 
        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 
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, 
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 
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 
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.

    (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.)