Full Text of SB1657 102nd General Assembly
SB1657enr 102ND GENERAL ASSEMBLY |
| | SB1657 Enrolled | | LRB102 11702 SPS 17036 b |
|
| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | 12 | | certificate of registration. A certificate of registration | 13 | | shall be renewed annually. Applications by individuals for a | 14 | | certificate
of registration shall be made to the Department, | 15 | | in a manner shall be in writing on forms
prescribed by the | 16 | | Department, and shall be accompanied by the required fee.
| 17 | | (b) Each application shall provide such information that | 18 | | will enable the
Department to pass on the qualifications of | 19 | | the applicant for the
certificate of registration. The | 20 | | information requests shall
include
present residence, location | 21 | | of the business to be licensed under this Act,
whether the | 22 | | applicant has had any previous registration under this Act or
| 23 | | any federal, state, county, or local law, ordinance, or |
| | | SB1657 Enrolled | - 2 - | LRB102 11702 SPS 17036 b |
|
| 1 | | regulation
relating
to servicepersons and service agencies | 2 | | Agencies , whether the applicant has
ever had
a registration | 3 | | suspended or revoked, whether the applicant has been
convicted | 4 | | of a felony, and such other information as the Department | 5 | | deems
necessary to determine if the applicant is qualified to | 6 | | receive a
certificate of registration.
| 7 | | (c) Before any certificate of registration is issued, the | 8 | | Department shall
require the registrant to meet the following | 9 | | qualifications:
| 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 |
| | | SB1657 Enrolled | - 3 - | LRB102 11702 SPS 17036 b |
|
| 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 | 7 | | registration for more than one registration year, the | 8 | | registrant shall pass a qualifying examination for each type | 9 | | of weighing and measuring device the registrant intends to | 10 | | install, service, recondition, or repair before the | 11 | | registrant's certificate of registration is renewed. | 12 | | Beginning with the 2022 registration year, a registrant | 13 | | must complete a continuing education course for each type of | 14 | | weighing and measuring device the registrant intends to | 15 | | install, service, recondition, or repair. A registrant must | 16 | | complete a continuing education course every 5 years | 17 | | thereafter, provided the serviceperson, service agency, or | 18 | | special sealer is registered annually and remains in good | 19 | | standing. If a serviceperson, service agency, or special | 20 | | sealer fails to register with the Department, he or she must | 21 | | retest after a year lapse. For those registrants that have | 22 | | been continuously registered for 5 or more years on the | 23 | | effective date of this amendatory Act of the 102nd General | 24 | | Assembly, the Department shall require one-third of those | 25 | | registrants to complete a continuing education course required | 26 | | under this Section in the 2022 registration year, one-third of |
| | | SB1657 Enrolled | - 4 - | LRB102 11702 SPS 17036 b |
|
| 1 | | those registrants to complete a continuing education course in | 2 | | the 2023 registration year, and one-third of those registrants | 3 | | to complete a continuing education course in the 2024 | 4 | | registration year. | 5 | | (e) As used in this Section: | 6 | | "Commercial weighing and measuring device" means any | 7 | | weight or measure
or weighing or measuring device commercially | 8 | | used or employed (i) in
establishing
size, quantity, extent, | 9 | | area, or measurement of quantities, things, produce,
or | 10 | | articles for distribution or consumption which are purchased, | 11 | | offered,
or submitted for sale, hire, or award, or (ii) in | 12 | | computing any basic
charge
or payment for services rendered, | 13 | | except as otherwise excluded by Section
2 of this Act, and | 14 | | shall also include any accessory attached to or used
in | 15 | | connection with a commercial weighing or measuring device when | 16 | | the
accessory is so designed or installed that its operation | 17 | | affects, or may
affect, the accuracy of the device. | 18 | | "Continuing education course" means an online course | 19 | | prepared and provided by the Department. The continuing | 20 | | education course shall be available through a link on the | 21 | | Department's website and shall provide the registrant with | 22 | | information concerning industry and Department practices. To | 23 | | complete the continuing education course, the registrant is | 24 | | required to review the educational materials but is not | 25 | | required to pass an examination. | 26 | | "Registrant" means any individual, partnership, |
| | | SB1657 Enrolled | - 5 - | LRB102 11702 SPS 17036 b |
|
| 1 | | corporation, agency, firm,
or company registered by the | 2 | | Department who installs, services, repairs,
or reconditions, | 3 | | for hire, award, commission, or any other payment of
any
kind, | 4 | | any commercial weighing or measuring device.
| 5 | | "Commercial weighing and measuring device" means any | 6 | | weight or measure
or weighing or measuring device commercially | 7 | | used or employed (i) in
establishing
size, quantity, extent, | 8 | | area, or measurement of quantities, things, produce,
or | 9 | | articles for distribution or consumption which are purchased, | 10 | | offered,
or submitted for sale, hire, or award, or (ii) in | 11 | | computing any basic
charge
or payment for services rendered, | 12 | | except as otherwise excluded by Section
2 of this Act, and | 13 | | shall also include any accessory attached to or used
in | 14 | | connection with a commercial weighing or measuring device when | 15 | | the
accessory is so designed or installed that its operation | 16 | | affects, or may
affect, the accuracy of the device.
| 17 | | "Serviceperson" means any individual who sells, installs, | 18 | | services,
repairs, or
reconditions, for hire, award, | 19 | | commission, or any other payment of
kind,
a commercial | 20 | | weighing or measuring device. Each serviceperson must be | 21 | | associated with a primary service agency.
| 22 | | "Service agency" means any individual, agency, firm, | 23 | | company, or corporation
that, for hire, award, commission, or | 24 | | any other payment of
any kind, sells, installs,
services, | 25 | | repairs, or reconditions a commercial weighing or measuring | 26 | | device. Each service agency shall have a registered |
| | | SB1657 Enrolled | - 6 - | LRB102 11702 SPS 17036 b |
|
| 1 | | serviceperson prior to qualifying as a registered service | 2 | | agency.
| 3 | | "Special sealer" means any serviceperson who is allowed to | 4 | | service only one
service agency's liquid petroleum meters or | 5 | | liquid petroleum measuring
devices.
| 6 | | (f) Each registered service agency and serviceperson shall | 7 | | have report forms,
known as "Placed in Service Reports". An | 8 | | original and 2 copies of these forms shall be
executed and | 9 | | shall include the assigned registration number for both the
| 10 | | registered serviceperson and the registered service agency for
| 11 | | each rejected or repaired device restored to service and for
| 12 | | each newly installed device placed in service. The report (in | 13 | | the case
where a registered serviceperson is representing a | 14 | | registered service
agency both assigned registration numbers | 15 | | shall be included), and shall be
signed by a registered | 16 | | serviceperson or by a registered serviceperson
representing a | 17 | | registered service agency for each rejected or repaired
device | 18 | | restored to service and for each newly installed device placed | 19 | | in
service .
Whenever a registered serviceperson or special | 20 | | sealer places into service a
weighing or
measuring device, | 21 | | there shall be affixed to the device indicator a decal
| 22 | | provided by the Department that indicates the device accuracy.
| 23 | | Within 5 days after a device is restored to service or | 24 | | placed in service,
the original of a properly executed "Placed | 25 | | in Service Report" , together
with any official rejection tag | 26 | | or seal removed from the device , shall be submitted in a manner |
| | | SB1657 Enrolled | - 7 - | LRB102 11702 SPS 17036 b |
|
| 1 | | prescribed by
mailed to the Department. A copy of the report | 2 | | shall be handed
to the owner or operator of the device and a | 3 | | copy of the report
shall be retained by the service agency or | 4 | | serviceperson.
| 5 | | All field standards that are used for servicing and | 6 | | testing weights and measures devices for which competence is | 7 | | registered shall be submitted to the Director for initial and | 8 | | subsequent verification and calibration at least once every 2 | 9 | | years or as otherwise determined by the Director. When | 10 | | servicing commercial weighing or measuring devices, a | 11 | | registered serviceperson or registered service agency shall | 12 | | not use any field standards or testing equipment that have not | 13 | | been calibrated or verified by the Director. In lieu of | 14 | | submission of physical standards, the Director may accept | 15 | | calibration reports, verification reports, or both from any | 16 | | laboratory that is formally accredited or recognized. The | 17 | | Director shall maintain a list of organizations from which the | 18 | | Department will accept calibration reports. The Department | 19 | | shall retain the right to monitor periodically calibration | 20 | | results, to verify field standard compliance to specifications | 21 | | and tolerance when field standards are initially placed into | 22 | | service or at any intermediate point between calibration, or | 23 | | both.
| 24 | | (g) Persons working as apprentices are not subject to | 25 | | registration if they
work with and under the supervision of a | 26 | | registered serviceperson.
|
| | | SB1657 Enrolled | - 8 - | LRB102 11702 SPS 17036 b |
|
| 1 | | (h) The Director is authorized to promulgate, after public | 2 | | hearing, rules
and regulations necessary to enforce the | 3 | | provisions of this Section.
| 4 | | For good cause and after a hearing upon reasonable notice, | 5 | | the Director
may deny any application for registration or any | 6 | | application for renewal
of registration, or may revoke or | 7 | | suspend the registration of any registrant.
| 8 | | The Director may publish from time to time as he deems | 9 | | appropriate, and
may supply upon request, lists of registered | 10 | | servicepersons and registered
service agencies.
| 11 | | All final administrative decisions of the Director under | 12 | | this Section shall
be subject to judicial review under the | 13 | | Administrative
Review Law. The term "administrative
decision"
| 14 | | is 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; | 16 | | 97-333, eff. 8-12-11.)
|
|