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Public Act 92-0821
SB1907 Enrolled LRB9215896DHgc
AN ACT in relation to vehicles.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Sections 13B-5 and 13B-40 as follows:
(625 ILCS 5/13B-5)
Sec. 13B-5. Definitions. For the purposes of this
Chapter:
"Affected counties" means Cook County; DuPage County;
Lake County; those parts of Kane County that are not included
within any of the following ZIP code areas, as designated by
the U.S. Postal Service on the effective date of this
amendatory Act of 1994: 60109, 60119, 60135, 60140, 60142,
60144, 60147, 60151, 60152, 60178, 60182, 60511, 60520,
60545, and 60554; those parts of Kendall County that are not
included within any of the following ZIP code areas, as
designated by the U.S. Postal Service on the effective date
of this amendatory Act of 1994: 60447, 60512, 60536, 60537,
60541, those parts of 60543 that are not within the census
defined urbanized area, 60545, and 60560; those parts of
McHenry County that are not included within any of the
following ZIP code areas, as designated by the U.S. Postal
Service on the effective date of this amendatory Act of 1994:
60001, 60033, 60034, 60071, 60072, 60097, 60098, 60142,
60152, and 60180; those parts of Will County that are not
included within any of the following ZIP code areas, as
designated by the U.S. Postal Service on the effective date
of this amendatory Act of 1994: 60401, 60407, 60408, 60410,
60416, 60418, 60421, 60442, 60447, 60468, 60481, 60935 and
60950; those parts of Madison County that are not included
within any of the following ZIP code areas, as designated by
the U.S. Postal Service on the effective date of this
amendatory Act of 1994: 62001, 62012, 62021, 62026, 62046,
62058, 62061, 62067, 62074, 62088, 62097, 62249, 62275, and
62281; those parts of Monroe County that are not included
within any of the following ZIP code areas, as designated by
the U.S. Postal Service on the effective date of this
amendatory Act of 1994: 62244, 62248, 62256, 62261, 62276,
62278, 62279, 62295, and 62298; and those parts of St. Clair
County that are not included within any of the following ZIP
code areas, as designated by the U.S. Postal Service on the
effective date of this amendatory Act of 1994: 62224, 62243,
62248, 62254, 62255, 62257, 62258, 62260, 62264, 62265,
62269, 62278, 62282, 62285, 62289, and 62298.
"Board" means the Illinois Pollution Control Board.
"Claim evaluation center" means an automotive diagnostic
facility that meets the standards prescribed by the Agency
for performing examinations of vehicle emissions inspection
damage claims.
"Contractor" means the vehicle emissions test contractor
for Official Inspection Stations described in Section 13B-45.
"Inspection area" means Cook County, DuPage County, Lake
County and those portions of Kane, Kendall, Madison, McHenry,
Monroe, Will, and St. Clair Counties included in the
definition of "affected counties".
"Owner" means the registered owner of the vehicle, as
indicated on the vehicle's registration. In the case of an
unregistered vehicle, "owner" has the meaning set forth in
Section 1-155 of this Code.
"Program" means the vehicle emission inspection program
established under this Chapter.
"Resident" includes natural persons, foreign and domestic
corporations, partnerships, associations, and all other
commercial and governmental entities. For the purpose of
determining residence, the owner of a vehicle shall be
presumed to reside at the address indicated on the vehicle's
registration. A governmental entity, including the federal
government and its agencies, and any unit of local government
or school district, any part of which is located within an
affected county, shall be deemed a resident of an affected
county for the purpose of any vehicle that is owned by the
governmental entity and regularly operated in an affected
county.
"Registration" of a vehicle means its registration under
Article IV of Chapter 3 of this Code.
(Source: P.A. 90-89, eff. 1-1-98.)
(625 ILCS 5/13B-40)
Sec. 13B-40. Grievance and damage claim requirements and
procedures.
(a) Emissions inspection and waiver denial grievance
procedures procedure. Any person aggrieved by a decision
regarding the failure of an emissions test or the denial of a
waiver may file a petition with the Agency within 30 days
after the decision was made, and the Agency shall thereupon
investigate the matter. Within 45 days after its receipt of
the petition, the Agency shall submit to the petitioner and
any affected inspector or station its written determination
of the correctness or incorrectness of the decision
complained of. The written determination shall include a
statement of the facts relied upon and the legal and
technical issues decided by the Agency in making its
determination, and may also include an order directing the
inspector (i) to issue an emission inspection certificate for
the vehicle effective on such date as the Agency may specify,
(ii) to reinspect the vehicle, (iii) to apply the standards
that the Agency has determined to be applicable, or (iv) to
take any other action that the Agency deems to be
appropriate. In conducting the investigation, the Agency may
require the petitioner to present the vehicle for inspection
by the Agency or its designated agent. The written
determination of the Agency shall be subject to review in
circuit court in accordance with the provisions of the
Administrative Review Law, except that no challenge to the
validity of a rule adopted by the Board under subsection (a)
of Section 13B-20 shall be heard by the circuit court if the
challenge could have been raised in a timely petition for
review under Section 13B-20.
(b) Vehicle damage claim requirements and procedures.
(1) The contractor shall make vehicle damage claim
forms authorized by the Agency available for vehicle
owners in sufficient quantities at all official
inspection stations.
(2) Notice of the vehicle damage claim procedures
and the vehicle owner's rights in relation to a vehicle
damage claim shall be conspicuously posted at all
official inspection stations.
(3) If a vehicle owner believes that his or her
vehicle was damaged by an act or omission of the
contractor during or as a result of an emissions
inspection performed on or after August 1, 2002, the
owner may initiate resolution of the damage claim under
this subsection by complying with the following:
(A) Within 30 days of the date of the vehicle
emissions inspection that allegedly caused the
vehicle damage, the vehicle owner shall submit a
vehicle damage claim to the contractor at the
Official Inspection Station at which the vehicle
damage allegedly occurred.
(B) Within 30 days of filing the claim, the
owner shall submit to the contractor any relevant
information relating to the owner's claim for
vehicle damage, including but not limited to
evaluations conducted by a claims evaluation center
or automotive repair shop meeting standards
prescribed by the Agency.
(4) The contractor shall promptly notify the Agency
of each vehicle damage claim received by the contractor
under subdivision (b)(3) and shall forward to the Agency
any additional information provided by the owner.
(5) Within 60 days after the filing of a vehicle
damage claim, the contractor shall notify the vehicle
owner of its proposed resolution of the damage claim.
(6) Within 30 days after receiving the contractor's
proposed resolution of the damage claim, the owner may
petition the Agency for a review of the adequacy and
completeness of the contractor's proposed resolution.
The petition shall be in a form specified by the Agency.
(7) Upon receiving a petition for review, the
Agency shall request the contractor to deliver to the
Agency a copy of the contractor's proposed resolution of
the damage claim, together with all documents,
videotapes, and information relevant to the damage claim
and the proposed resolution. The contractor shall
provide the requested materials to the Agency within 15
days of receiving the Agency's request.
(8) Within 30 days after receiving the relevant
materials from the contractor, the Agency shall review
the materials and determine whether the contractor's
proposed resolution of the damage claim is adequate and
complete. The Agency may deem the proposed resolution of
the damage claim to be adequate and complete. If the
Agency does not deem the proposed resolution of the
damage claim to be adequate and complete, it may request
the contractor to further investigate and evaluate the
damage claim and resubmit its proposed resolution of the
claim. The contractor shall then have 30 days to respond
in writing to the Agency with the results of its further
evaluation of the damage claim and its proposed
resolution.
(9) The Agency shall notify the vehicle owner in
writing of the result of its review of the adequacy and
completeness of the contractor's proposed resolution of
the damage claim. Copies of all correspondence between
the Agency and the contractor relating to the damage
claim shall also be sent to the vehicle owner.
(10) If, after the Agency's review, the vehicle
owner still does not agree with all or a portion of the
proposed resolution of the damage claim by the
contractor, the vehicle owner may further pursue the
damage claim through the binding arbitration process
established by the contractor and accepted by the Agency,
or in circuit court.
(11) The Agency's review of the adequacy and
completeness of the contractor's proposed resolution of a
damage claim is not binding upon the vehicle owner or the
contractor and does not affect the rights of the vehicle
owner or the contractor under law. The Agency's review
of the adequacy and completeness of the contractor's
proposed resolution of a damage claim is not a final
action subject to administrative review and is not
subject to review by the Pollution Control Board or
otherwise appealable.
(Source: P.A. 88-533.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 30, 2002.
Approved August 21, 2002.
Effective August 21, 2002.
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