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| Public Act 102-0217 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Weights and Measures Act is amended by | ||||
changing Section 8.1 as follows:
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(225 ILCS 470/8.1)
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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.
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(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
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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.
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(c) Before any certificate of registration is issued, the | ||
Department shall
require the registrant to meet the following | ||
qualifications:
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(1) Has possession of or available for use weights and
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measures, standards,
and testing equipment appropriate in | ||
design and adequate in amount to provide
the services for | ||
which the person is requesting registration.
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(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.
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(3) Demonstrates a working knowledge of weighing and | ||
measuring
devices
for which he intends to be registered.
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(4) Has a working knowledge of all appropriate weights | ||
and
measures laws
and their rules and regulations.
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(5) Has available a current copy of National Institute | ||
of Standards and
Technology Handbook 44.
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(6) Pays the prescribed registration fee for the type | ||
of
registration:
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(A) The annual fee for a Serviceperson Certificate | ||
of
Registration shall be
$30.
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(B) The annual fee for a Special Sealer | ||
Certificate of
Registration shall
be
$100.
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(C) The annual fee for a Service Agency | ||
Certificate of
Registration shall
be
$100.
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(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.
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"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.
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"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.
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"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.
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"Special sealer" means any serviceperson who is allowed to | ||
service only one
service agency's liquid petroleum meters or | ||
liquid petroleum measuring
devices.
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(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
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registered serviceperson and the registered service agency for
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each rejected or repaired device restored to service and for
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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
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provided by the Department that indicates the device accuracy.
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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.
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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.
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(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.
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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.
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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.
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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"
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is defined as in Section 3-101 of the Code of Civil Procedure.
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(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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