101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3666

 

Introduced , by Rep. Jerry Costello, II

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 470/8.1

    Amends the Weights and Measures Act. Provides that certificates of registration shall be renewed annually. Provides that 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 or measuring device the registrant intends to install, service, recondition, or repair before the registrant's certificate is renewed. Provides that, beginning with the 2020 registration year, a registrant must pass a qualifying examination for each type of weighing and measuring device the registrant intends to install, service, recondition, or repair. A registrant must retest 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 of Agriculture, he or she must retest after a year lapse. Provides that for registrants who have been continuously registered for 5 or more years on the effective date of the amendatory Act, the Department shall require one-third to pass the examinations required by the Act in the 2020 registration year, one-third to pass the examinations required by the Act in the 2021 registration year, and one-third to pass the examinations required by the Act in the 2022 registration year. Provides that each serviceperson must be associated with a primary service agency. Provides that each service agency shall have at least one registered serviceperson prior to being qualified as a registered service agency. Makes changes concerning Placed in Service Reports. Makes other changes. Effective immediately.


LRB101 06908 JRG 51940 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3666LRB101 06908 JRG 51940 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 agency
8agents, and special sealers. No person, firm, or corporation
9shall sell, install, service, recondition or repair a weighing
10or measuring device used in trade or commerce without first
11obtaining a certificate of registration. A certificate of
12registration shall be renewed annually. Applications by
13individuals for a certificate of registration shall be made to
14the Department, as shall be in writing on forms prescribed by
15the Department, and shall be accompanied by the required fee.
16    Each application shall provide such information that will
17enable the Department to pass on the qualifications of the
18applicant for the certificate of registration. The information
19requests shall include present residence, location of the
20business to be licensed under this Act, whether the applicant
21has had any previous registration under this Act or any
22federal, state, county, or local law, ordinance, or regulation
23relating to servicepersons and service agencies Agencies,

 

 

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1whether the applicant has ever had a registration suspended or
2revoked, whether the applicant has been convicted of a felony,
3and such other information as the Department deems necessary to
4determine if the applicant is qualified to receive a
5certificate of registration.
6    Before any certificate of registration is issued, the
7Department shall require the registrant to meet the following
8qualifications:
9        (1) Has possession of or available for use weights and
10    measures, standards, and testing equipment appropriate in
11    design and adequate in amount to provide the services for
12    which the person is requesting registration.
13        (2) Passes a qualifying examination for each type of
14    weighing or measuring device he intends to install,
15    service, recondition, or repair and as required under this
16    Section.
17        (3) Demonstrates a working knowledge of weighing and
18    measuring devices for which he intends to be registered.
19        (4) Has a working knowledge of all appropriate weights
20    and measures laws and their rules and regulations.
21        (5) Has available a current copy of National Institute
22    of Standards and Technology Handbook 44.
23        (6) Pays the prescribed registration fee for the type
24    of registration:
25            (A) The annual fee for a Serviceperson Certificate
26        of Registration shall be $30.

 

 

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1            (B) The annual fee for a Special Sealer Certificate
2        of Registration shall be $100.
3            (C) The annual fee for a Service Agency Certificate
4        of Registration shall be $100.
5    If a registrant fails to renew a certificate of
6registration for more than one registration year, the
7registrant shall pass a qualifying examination for each type of
8weighing and measuring device the registrant intends to
9install, service, recondition, or repair before the
10registrant's certificate of registration is renewed.
11    Beginning with the 2020 registration year, a registrant
12must pass a qualifying examination for each type of weighing
13and measuring device the registrant intends to install,
14service, recondition, or repair. A registrant must retest every
155 years thereafter, provided the serviceperson, service
16agency, or special sealer is registered annually and remains in
17good standing. If a serviceperson, service agency, or special
18sealer fails to register with the Department, he or she must
19retest after a year lapse. For those registrants that have been
20continuously registered for 5 or more years on the effective
21date of this amendatory Act of the 101st General Assembly, the
22Department shall require one-third of those registrants to pass
23the examinations required under this Section in the 2020
24registration year, one-third of those registrants to pass the
25requisite examinations in the 2021 registration year, and
26one-third of those registrants to pass the requisite

 

 

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1examinations in the 2022 registration year.
2    "Registrant" means any individual, partnership,
3corporation, agency, firm, or company registered by the
4Department who installs, services, repairs, or reconditions,
5for hire, award, commission, or any other payment of any kind,
6any commercial weighing or measuring device.
7    "Commercial weighing and measuring device" means any
8weight or measure or weighing or measuring device commercially
9used or employed (i) in establishing size, quantity, extent,
10area, or measurement of quantities, things, produce, or
11articles for distribution or consumption which are purchased,
12offered, or submitted for sale, hire, or award, or (ii) in
13computing any basic charge or payment for services rendered,
14except as otherwise excluded by Section 2 of this Act, and
15shall also include any accessory attached to or used in
16connection with a commercial weighing or measuring device when
17the accessory is so designed or installed that its operation
18affects, or may affect, the accuracy of the device.
19    "Serviceperson" means any individual who sells, installs,
20services, repairs, or reconditions, for hire, award,
21commission, or any other payment of kind, a commercial weighing
22or measuring device. Each serviceperson must be associated with
23a primary service agency.
24    "Service agency" means any individual, agency, firm,
25company, or corporation that, for hire, award, commission, or
26any other payment of any kind, sells, installs, services,

 

 

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

 

 

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1in Service Report", together with any official rejection tag or
2seal removed from the device, shall be submitted mailed to the
3Department in a manner prescribed by the Department. A copy of
4the report shall be handed to the owner or operator of the
5device and a copy of the report shall be retained by the
6service agency or serviceperson.
7    All field standards that are used for servicing and testing
8weights and measures devices for which competence is registered
9shall be submitted to the Director for initial and subsequent
10verification and calibration at least once every 2 years or as
11otherwise determined by the Director. When servicing
12commercial weighing or measuring devices, a registered
13serviceperson or registered service agency shall not use any
14field standards or testing equipment that have not been
15calibrated or verified by the Director. In lieu of submission
16of physical standards, the Director may accept calibration
17reports, verification reports, or both from any laboratory that
18is formally accredited or recognized. The Director shall
19maintain a list of organizations from which the Department will
20accept calibration reports. The Department shall retain the
21right to monitor periodically calibration results, to verify
22field standard compliance to specifications and tolerance when
23field standards are initially placed into service or at any
24intermediate point between calibration, or both.
25    Persons working as apprentices are not subject to
26registration if they work with and under the supervision of a

 

 

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1registered serviceperson.
2    The Director is authorized to promulgate, after public
3hearing, rules and regulations necessary to enforce the
4provisions of this Section.
5    For good cause and after a hearing upon reasonable notice,
6the Director may deny any application for registration or any
7application for renewal of registration, or may revoke or
8suspend the registration of any registrant.
9    The Director may publish from time to time as he deems
10appropriate, and may supply upon request, lists of registered
11servicepersons and registered service agencies.
12    All final administrative decisions of the Director under
13this Section shall be subject to judicial review under the
14Administrative Review Law. The term "administrative decision"
15is defined as in Section 3-101 of the Code of Civil Procedure.
16(Source: P.A. 96-1310, eff. 7-27-10; 96-1333, eff. 7-27-10;
1797-333, eff. 8-12-11.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.