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Public Act 102-0217
Public Act 0217 102ND GENERAL ASSEMBLY
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Public Act 102-0217
| | SB1657 Enrolled | LRB102 11702 SPS 17036 b |
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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 |
| 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.
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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.)
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Effective Date: 1/1/2022
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