101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3448

 

Introduced 2/14/2020, by Sen. Scott M. Bennett

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 470/8.1

    Amends the Weights and Measures Act. Provides continuing education requirements for persons registered to install, service, recondition, or repair a weighing or measuring devices used in trade or commerce. Provides for phase-in process to apply continuing education requirements for persons currently registered to install, service, recondition, or repair a weighing or measuring devices used in trade or commerce. Changes the annual registration fee for servicepersons and special sealers in years in which the continuing education course must be completed. Provides that applications and reports shall be filed in a manner prescribed by the Director of Agriculture (currently, in writing). Defines "continuing education course".


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A BILL FOR

 

SB3448LRB101 20398 JWD 69947 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 certificate
12of registration. A certificate of registration shall be renewed
13annually. Applications by individuals for a certificate of
14registration shall be made to the Department, in a manner shall
15be in writing on forms prescribed by the Department, and shall
16be accompanied by the required fee.
17    (b) Each application shall provide such information that
18will enable the Department to pass on the qualifications of the
19applicant for the certificate of registration. The information
20requests shall include present residence, location of the
21business to be licensed under this Act, whether the applicant
22has had any previous registration under this Act or any
23federal, state, county, or local law, ordinance, or regulation

 

 

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1relating to servicepersons and service agencies Agencies,
2whether the applicant has ever had a registration suspended or
3revoked, whether the applicant has been convicted of a felony,
4and such other information as the Department deems necessary to
5determine if the applicant is qualified to receive a
6certificate of registration.
7    (c) Before any certificate of registration is issued, the
8Department shall require the registrant to meet the following
9qualifications:
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, except that in the year
2        that the continuing education course must be
3        completed, the fee shall be $60.
4            (B) The annual fee for a Special Sealer Certificate
5        of Registration shall be $100, except that in the year
6        that the continuing education course must be
7        completed, the fee shall be $200.
8            (C) The annual fee for a Service Agency Certificate
9        of Registration shall be $100.
10    (d) If a registrant fails to renew a certificate of
11registration for more than one registration year, the
12registrant shall pass a qualifying examination for each type of
13weighing and measuring device the registrant intends to
14install, service, recondition, or repair before the
15registrant's certificate of registration is renewed.
16    Beginning with the 2020 registration year, a registrant
17must complete a continuing education course for each type of
18weighing and measuring device the registrant intends to
19install, service, recondition, or repair. A registrant must
20complete a continuing education course every 5 years
21thereafter, provided the serviceperson, service agency, or
22special sealer is registered annually and remains in good
23standing. If a serviceperson, service agency, or special sealer
24fails to register with the Department, he or she must retest
25after a year lapse. For those registrants that have been
26continuously registered for 5 or more years on the effective

 

 

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1date of this amendatory Act of the 101st General Assembly, the
2Department shall require one-third of those registrants to
3complete a continuing education course required under this
4Section in the 2020 registration year, one-third of those
5registrants to complete a continuing education course in the
62021 registration year, and one-third of those registrants to
7complete a continuing education course in the 2022 registration
8year.
9    (e) As used in this Section:
10    "Commercial weighing and measuring device" means any
11weight or measure or weighing or measuring device commercially
12used or employed (i) in establishing size, quantity, extent,
13area, or measurement of quantities, things, produce, or
14articles for distribution or consumption which are purchased,
15offered, or submitted for sale, hire, or award, or (ii) in
16computing any basic charge or payment for services rendered,
17except as otherwise excluded by Section 2 of this Act, and
18shall also include any accessory attached to or used in
19connection with a commercial weighing or measuring device when
20the accessory is so designed or installed that its operation
21affects, or may affect, the accuracy of the device.
22    "Continuing education course" means an online course
23prepared and provided by the Department. The continuing
24education course shall be available through a link on the
25Department's website and shall provide the registrant with
26information concerning industry and Department practices. To

 

 

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1complete the continuing education course, the registrant is
2required to review the educational materials but is not
3required to pass an examination.
4    "Registrant" means any individual, partnership,
5corporation, agency, firm, or company registered by the
6Department who installs, services, repairs, or reconditions,
7for hire, award, commission, or any other payment of any kind,
8any commercial weighing or measuring device.
9    "Commercial weighing and measuring device" means any
10weight or measure or weighing or measuring device commercially
11used or employed (i) in establishing size, quantity, extent,
12area, or measurement of quantities, things, produce, or
13articles for distribution or consumption which are purchased,
14offered, or submitted for sale, hire, or award, or (ii) in
15computing any basic charge or payment for services rendered,
16except as otherwise excluded by Section 2 of this Act, and
17shall also include any accessory attached to or used in
18connection with a commercial weighing or measuring device when
19the accessory is so designed or installed that its operation
20affects, or may affect, the accuracy of the device.
21    "Serviceperson" means any individual who sells, installs,
22services, repairs, or reconditions, for hire, award,
23commission, or any other payment of kind, a commercial weighing
24or measuring device. Each serviceperson must be associated with
25a primary service agency.
26    "Service agency" means any individual, agency, firm,

 

 

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

 

 

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

 

 

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1    (g) Persons working as apprentices are not subject to
2registration if they work with and under the supervision of a
3registered serviceperson.
4    (h) The Director is authorized to promulgate, after public
5hearing, rules and regulations necessary to enforce the
6provisions of this Section.
7    For good cause and after a hearing upon reasonable notice,
8the Director may deny any application for registration or any
9application for renewal of registration, or may revoke or
10suspend the registration of any registrant.
11    The Director may publish from time to time as he deems
12appropriate, and may supply upon request, lists of registered
13servicepersons and registered service agencies.
14    All final administrative decisions of the Director under
15this Section shall be subject to judicial review under the
16Administrative Review Law. The term "administrative decision"
17is defined as in Section 3-101 of the Code of Civil Procedure.
18(Source: P.A. 96-1310, eff. 7-27-10; 96-1333, eff. 7-27-10;
1997-333, eff. 8-12-11.)