SB1657 EnrolledLRB102 11702 SPS 17036 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Weights and Measures Act is amended by
5changing Section 8.1 as follows:
6    (225 ILCS 470/8.1)
7    Sec. 8.1. Registration of servicepersons, service agencies
8agents, and special sealers.
9    (a) No person, firm, or corporation shall sell, install,
10service, recondition or repair a weighing or measuring device
11used in trade or commerce without first obtaining a
12certificate of registration. A certificate of registration
13shall be renewed annually. Applications by individuals for a
14certificate of registration shall be made to the Department,
15in a manner shall be in writing on forms prescribed by the
16Department, and shall be accompanied by the required fee.
17    (b) Each application shall provide such information that
18will enable the Department to pass on the qualifications of
19the applicant for the certificate of registration. The
20information requests shall include present residence, location
21of the business to be licensed under this Act, whether the
22applicant has had any previous registration under this Act or
23any federal, state, county, or local law, ordinance, or



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1regulation relating to servicepersons and service agencies
2Agencies, whether the applicant has ever had a registration
3suspended or revoked, whether the applicant has been convicted
4of a felony, and such other information as the Department
5deems necessary to determine if the applicant is qualified to
6receive a certificate of registration.
7    (c) Before any certificate of registration is issued, the
8Department shall require the registrant to meet the following
10        (1) Has possession of or available for use weights and
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.
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.
18        (3) Demonstrates a working knowledge of weighing and
19    measuring devices for which he intends to be registered.
20        (4) Has a working knowledge of all appropriate weights
21    and measures laws and their rules and regulations.
22        (5) Has available a current copy of National Institute
23    of Standards and Technology Handbook 44.
24        (6) Pays the prescribed registration fee for the type
25    of registration:
26            (A) The annual fee for a Serviceperson Certificate



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1        of Registration shall be $30.
2            (B) The annual fee for a Special Sealer
3        Certificate of Registration shall be $100.
4            (C) The annual fee for a Service Agency
5        Certificate of Registration shall be $100.
6    (d) If a registrant fails to renew a certificate of
7registration for more than one registration year, the
8registrant shall pass a qualifying examination for each type
9of weighing and measuring device the registrant intends to
10install, service, recondition, or repair before the
11registrant's certificate of registration is renewed.
12    Beginning with the 2022 registration year, a registrant
13must complete a continuing education course for each type of
14weighing and measuring device the registrant intends to
15install, service, recondition, or repair. A registrant must
16complete a continuing education course every 5 years
17thereafter, provided the serviceperson, service agency, or
18special sealer is registered annually and remains in good
19standing. If a serviceperson, service agency, or special
20sealer fails to register with the Department, he or she must
21retest after a year lapse. For those registrants that have
22been continuously registered for 5 or more years on the
23effective date of this amendatory Act of the 102nd General
24Assembly, the Department shall require one-third of those
25registrants to complete a continuing education course required
26under this Section in the 2022 registration year, one-third of



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1those registrants to complete a continuing education course in
2the 2023 registration year, and one-third of those registrants
3to complete a continuing education course in the 2024
4registration year.
5    (e) As used in this Section:
6    "Commercial weighing and measuring device" means any
7weight or measure or weighing or measuring device commercially
8used or employed (i) in establishing size, quantity, extent,
9area, or measurement of quantities, things, produce, or
10articles for distribution or consumption which are purchased,
11offered, or submitted for sale, hire, or award, or (ii) in
12computing any basic charge or payment for services rendered,
13except as otherwise excluded by Section 2 of this Act, and
14shall also include any accessory attached to or used in
15connection with a commercial weighing or measuring device when
16the accessory is so designed or installed that its operation
17affects, or may affect, the accuracy of the device.
18    "Continuing education course" means an online course
19prepared and provided by the Department. The continuing
20education course shall be available through a link on the
21Department's website and shall provide the registrant with
22information concerning industry and Department practices. To
23complete the continuing education course, the registrant is
24required to review the educational materials but is not
25required to pass an examination.
26    "Registrant" means any individual, partnership,



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1corporation, agency, firm, or company registered by the
2Department who installs, services, repairs, or reconditions,
3for hire, award, commission, or any other payment of any kind,
4any commercial weighing or measuring device.
5    "Commercial weighing and measuring device" means any
6weight or measure or weighing or measuring device commercially
7used or employed (i) in establishing size, quantity, extent,
8area, or measurement of quantities, things, produce, or
9articles for distribution or consumption which are purchased,
10offered, or submitted for sale, hire, or award, or (ii) in
11computing any basic charge or payment for services rendered,
12except as otherwise excluded by Section 2 of this Act, and
13shall also include any accessory attached to or used in
14connection with a commercial weighing or measuring device when
15the accessory is so designed or installed that its operation
16affects, or may affect, the accuracy of the device.
17    "Serviceperson" means any individual who sells, installs,
18services, repairs, or reconditions, for hire, award,
19commission, or any other payment of kind, a commercial
20weighing or measuring device. Each serviceperson must be
21associated with a primary service agency.
22    "Service agency" means any individual, agency, firm,
23company, or corporation that, for hire, award, commission, or
24any other payment of any kind, sells, installs, services,
25repairs, or reconditions a commercial weighing or measuring
26device. Each service agency shall have a registered



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1serviceperson prior to qualifying as a registered service
3    "Special sealer" means any serviceperson who is allowed to
4service only one service agency's liquid petroleum meters or
5liquid petroleum measuring devices.
6    (f) Each registered service agency and serviceperson shall
7have report forms, known as "Placed in Service Reports". An
8original and 2 copies of these forms shall be executed and
9shall include the assigned registration number for both the
10registered serviceperson and the registered service agency for
11each rejected or repaired device restored to service and for
12each newly installed device placed in service. The report (in
13the case where a registered serviceperson is representing a
14registered service agency both assigned registration numbers
15shall be included), and shall be signed by a registered
16serviceperson or by a registered serviceperson representing a
17registered service agency for each rejected or repaired device
18restored to service and for each newly installed device placed
19in service. Whenever a registered serviceperson or special
20sealer places into service a weighing or measuring device,
21there shall be affixed to the device indicator a decal
22provided by the Department that indicates the device accuracy.
23    Within 5 days after a device is restored to service or
24placed in service, the original of a properly executed "Placed
25in Service Report", together with any official rejection tag
26or seal removed from the device, shall be submitted in a manner



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1prescribed by mailed to the Department. A copy of the report
2shall be handed to the owner or operator of the device and a
3copy of the report shall be retained by the service agency or
5    All field standards that are used for servicing and
6testing weights and measures devices for which competence is
7registered shall be submitted to the Director for initial and
8subsequent verification and calibration at least once every 2
9years or as otherwise determined by the Director. When
10servicing commercial weighing or measuring devices, a
11registered serviceperson or registered service agency shall
12not use any field standards or testing equipment that have not
13been calibrated or verified by the Director. In lieu of
14submission of physical standards, the Director may accept
15calibration reports, verification reports, or both from any
16laboratory that is formally accredited or recognized. The
17Director shall maintain a list of organizations from which the
18Department will accept calibration reports. The Department
19shall retain the right to monitor periodically calibration
20results, to verify field standard compliance to specifications
21and tolerance when field standards are initially placed into
22service or at any intermediate point between calibration, or
24    (g) Persons working as apprentices are not subject to
25registration if they work with and under the supervision of a
26registered serviceperson.



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1    (h) The Director is authorized to promulgate, after public
2hearing, rules and regulations necessary to enforce the
3provisions of this Section.
4    For good cause and after a hearing upon reasonable notice,
5the Director may deny any application for registration or any
6application for renewal of registration, or may revoke or
7suspend the registration of any registrant.
8    The Director may publish from time to time as he deems
9appropriate, and may supply upon request, lists of registered
10servicepersons and registered service agencies.
11    All final administrative decisions of the Director under
12this Section shall be subject to judicial review under the
13Administrative Review Law. The term "administrative decision"
14is defined as in Section 3-101 of the Code of Civil Procedure.
15(Source: P.A. 96-1310, eff. 7-27-10; 96-1333, eff. 7-27-10;
1697-333, eff. 8-12-11.)