Full Text of SB3448 101st General Assembly
SB3448sam001 101ST GENERAL ASSEMBLY | Sen. Scott M. Bennett Filed: 3/4/2020
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| 1 | | AMENDMENT TO SENATE BILL 3448
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3448 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Weights and Measures Act is amended by | 5 | | changing Section 8.1 as follows:
| 6 | | (225 ILCS 470/8.1)
| 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 certificate | 12 | | of registration. A certificate of registration shall be renewed | 13 | | annually. Applications by individuals for a certificate
of | 14 | | registration shall be made to the Department, in a manner shall | 15 | | be in writing on forms
prescribed by the Department, and shall | 16 | | be accompanied by the required fee.
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| 1 | | (b) Each application shall provide such information that | 2 | | will enable the
Department to pass on the qualifications of the | 3 | | applicant for the
certificate of registration. The information | 4 | | requests shall
include
present residence, location of the | 5 | | business to be licensed under this Act,
whether the applicant | 6 | | has had any previous registration under this Act or
any | 7 | | federal, state, county, or local law, ordinance, or regulation
| 8 | | relating
to servicepersons and service agencies Agencies , | 9 | | whether the applicant has
ever had
a registration suspended or | 10 | | revoked, whether the applicant has been
convicted of a felony, | 11 | | and such other information as the Department deems
necessary to | 12 | | determine if the applicant is qualified to receive a
| 13 | | certificate of registration.
| 14 | | (c) Before any certificate of registration is issued, the | 15 | | Department shall
require the registrant to meet the following | 16 | | qualifications:
| 17 | | (1) Has possession of or available for use weights and
| 18 | | measures, standards,
and testing equipment appropriate in | 19 | | design and adequate in amount to provide
the services for | 20 | | which the person is requesting registration.
| 21 | | (2) Passes a qualifying examination or completes a | 22 | | continuing education course for each type of weighing
or | 23 | | measuring
device he intends to install, service, | 24 | | recondition, or repair as required under this Section .
| 25 | | (3) Demonstrates a working knowledge of weighing and | 26 | | measuring
devices
for which he intends to be registered.
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| 1 | | (4) Has a working knowledge of all appropriate weights | 2 | | and
measures laws
and their rules and regulations.
| 3 | | (5) Has available a current copy of National Institute | 4 | | of Standards and
Technology Handbook 44.
| 5 | | (6) Pays the prescribed registration fee for the type | 6 | | of
registration:
| 7 | | (A) The annual fee for a Serviceperson Certificate | 8 | | of
Registration shall be
$30.
| 9 | | (B) The annual fee for a Special Sealer Certificate | 10 | | of
Registration shall
be
$100.
| 11 | | (C) The annual fee for a Service Agency Certificate | 12 | | of
Registration shall
be
$100.
| 13 | | (d) If a registrant fails to renew a certificate of | 14 | | registration for more than one registration year, the | 15 | | registrant shall pass a qualifying examination for each type of | 16 | | weighing and measuring device the registrant intends to | 17 | | install, service, recondition, or repair before the | 18 | | registrant's certificate of registration is renewed. | 19 | | Beginning with the 2021 registration year, a registrant | 20 | | must complete a continuing education course for each type of | 21 | | weighing and measuring device the registrant intends to | 22 | | install, service, recondition, or repair. A registrant must | 23 | | complete a continuing education course every 5 years | 24 | | thereafter, provided the serviceperson, service agency, or | 25 | | special sealer is registered annually and remains in good | 26 | | standing. If a serviceperson, service agency, or special sealer |
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| 1 | | fails to register with the Department, he or she must retest | 2 | | after a year lapse. For those registrants that have been | 3 | | continuously registered for 5 or more years on the effective | 4 | | date of this amendatory Act of the 101st General Assembly, the | 5 | | Department shall require one-third of those registrants to | 6 | | complete a continuing education course required under this | 7 | | Section in the 2021 registration year, one-third of those | 8 | | registrants to complete a continuing education course in the | 9 | | 2022 registration year, and one-third of those registrants to | 10 | | complete a continuing education course in the 2023 registration | 11 | | year. | 12 | | (e) As used in this Section: | 13 | | "Commercial weighing and measuring device" means any | 14 | | weight or measure
or weighing or measuring device commercially | 15 | | used or employed (i) in
establishing
size, quantity, extent, | 16 | | area, or measurement of quantities, things, produce,
or | 17 | | articles for distribution or consumption which are purchased, | 18 | | offered,
or submitted for sale, hire, or award, or (ii) in | 19 | | computing any basic
charge
or payment for services rendered, | 20 | | except as otherwise excluded by Section
2 of this Act, and | 21 | | shall also include any accessory attached to or used
in | 22 | | connection with a commercial weighing or measuring device when | 23 | | the
accessory is so designed or installed that its operation | 24 | | affects, or may
affect, the accuracy of the device. | 25 | | "Continuing education course" means an online course | 26 | | prepared and provided by the Department. The continuing |
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| 1 | | education course shall be available through a link on the | 2 | | Department's website and shall provide the registrant with | 3 | | information concerning industry and Department practices. To | 4 | | complete the continuing education course, the registrant is | 5 | | required to review the educational materials but is not | 6 | | required to pass an examination. | 7 | | "Registrant" means any individual, partnership, | 8 | | corporation, agency, firm,
or company registered by the | 9 | | Department who installs, services, repairs,
or reconditions, | 10 | | for hire, award, commission, or any other payment of
any
kind, | 11 | | any commercial weighing or measuring device.
| 12 | | "Commercial weighing and measuring device" means any | 13 | | weight or measure
or weighing or measuring device commercially | 14 | | used or employed (i) in
establishing
size, quantity, extent, | 15 | | area, or measurement of quantities, things, produce,
or | 16 | | articles for distribution or consumption which are purchased, | 17 | | offered,
or submitted for sale, hire, or award, or (ii) in | 18 | | computing any basic
charge
or payment for services rendered, | 19 | | except as otherwise excluded by Section
2 of this Act, and | 20 | | shall also include any accessory attached to or used
in | 21 | | connection with a commercial weighing or measuring device when | 22 | | the
accessory is so designed or installed that its operation | 23 | | affects, or may
affect, the accuracy of the device.
| 24 | | "Serviceperson" means any individual who sells, installs, | 25 | | services,
repairs, or
reconditions, for hire, award, | 26 | | commission, or any other payment of
kind,
a commercial weighing |
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| 1 | | or measuring device. Each serviceperson must be associated with | 2 | | a primary service agency.
| 3 | | "Service agency" means any individual, agency, firm, | 4 | | company, or corporation
that, for hire, award, commission, or | 5 | | any other payment of
any kind, sells, installs,
services, | 6 | | repairs, or reconditions a commercial weighing or measuring | 7 | | device. Each service agency shall have a registered | 8 | | serviceperson prior to qualifying as a registered service | 9 | | agency.
| 10 | | "Special sealer" means any serviceperson who is allowed to | 11 | | service only one
service agency's liquid petroleum meters or | 12 | | liquid petroleum measuring
devices.
| 13 | | (f) Each registered service agency and serviceperson shall | 14 | | have report forms,
known as "Placed in Service Reports". An | 15 | | original and 2 copies of these forms shall be
executed and | 16 | | shall include the assigned registration number for both the
| 17 | | registered serviceperson and the registered service agency for
| 18 | | each rejected or repaired device restored to service and for
| 19 | | each newly installed device placed in service. The report (in | 20 | | the case
where a registered serviceperson is representing a | 21 | | registered service
agency both assigned registration numbers | 22 | | shall be included), and shall be
signed by a registered | 23 | | serviceperson or by a registered serviceperson
representing a | 24 | | registered service agency for each rejected or repaired
device | 25 | | restored to service and for each newly installed device placed | 26 | | in
service .
Whenever a registered serviceperson or special |
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| 1 | | sealer places into service a
weighing or
measuring device, | 2 | | there shall be affixed to the device indicator a decal
provided | 3 | | by the Department that indicates the device accuracy.
| 4 | | Within 5 days after a device is restored to service or | 5 | | placed in service,
the original of a properly executed "Placed | 6 | | in Service Report" , together
with any official rejection tag or | 7 | | seal removed from the device , shall be submitted in a manner | 8 | | prescribed by
mailed to the Department. A copy of the report | 9 | | shall be handed
to the owner or operator of the device and a | 10 | | copy of the report
shall be retained by the service agency or | 11 | | serviceperson.
| 12 | | All field standards that are used for servicing and testing | 13 | | weights and measures devices for which competence is registered | 14 | | shall be submitted to the Director for initial and subsequent | 15 | | verification and calibration at least once every 2 years or as | 16 | | otherwise determined by the Director. When servicing | 17 | | commercial weighing or measuring devices, a registered | 18 | | serviceperson or registered service agency shall not use any | 19 | | field standards or testing equipment that have not been | 20 | | calibrated or verified by the Director. In lieu of submission | 21 | | of physical standards, the Director may accept calibration | 22 | | reports, verification reports, or both from any laboratory that | 23 | | is formally accredited or recognized. The Director shall | 24 | | maintain a list of organizations from which the Department will | 25 | | accept calibration reports. The Department shall retain the | 26 | | right to monitor periodically calibration results, to verify |
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| 1 | | field standard compliance to specifications and tolerance when | 2 | | field standards are initially placed into service or at any | 3 | | intermediate point between calibration, or both.
| 4 | | (g) Persons working as apprentices are not subject to | 5 | | registration if they
work with and under the supervision of a | 6 | | registered serviceperson.
| 7 | | (h) The Director is authorized to promulgate, after public | 8 | | hearing, rules
and regulations necessary to enforce the | 9 | | provisions of this Section.
| 10 | | For good cause and after a hearing upon reasonable notice, | 11 | | the Director
may deny any application for registration or any | 12 | | application for renewal
of registration, or may revoke or | 13 | | suspend the registration of any registrant.
| 14 | | The Director may publish from time to time as he deems | 15 | | appropriate, and
may supply upon request, lists of registered | 16 | | servicepersons and registered
service agencies.
| 17 | | All final administrative decisions of the Director under | 18 | | this Section shall
be subject to judicial review under the | 19 | | Administrative
Review Law. The term "administrative
decision"
| 20 | | is defined as in Section 3-101 of the Code of Civil Procedure.
| 21 | | (Source: P.A. 96-1310, eff. 7-27-10; 96-1333, eff. 7-27-10; | 22 | | 97-333, eff. 8-12-11.)".
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