Sen. Melinda Bush

Adopted in Senate on Apr 14, 2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2563

2    AMENDMENT NO. ______. Amend Senate Bill 2563 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 13-102.1, 13-106, 13-107, 13-108, and
613-109.1 and by adding Sections 13-103.3 and 13-105.1 as
7follows:
 
8    (625 ILCS 5/13-102.1)
9    Sec. 13-102.1. Diesel powered vehicle emission inspection
10report. Beginning July 1, 2000, the Department of
11Transportation shall conduct an annual study concerned with
12the results of emission inspections for diesel powered
13vehicles registered for a gross weight of more than 16,000
14pounds or having a gross vehicle weight rating of more than
1516,000 pounds. The study shall be reported to the General
16Assembly by June 30, 2001, and every June 30 thereafter. The

 

 

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1study shall also be sent to the Illinois Environmental
2Protection Agency for its use in environmental matters.
3    The study shall include, but not be limited to, the
4following information:
5        (a) the number of diesel powered vehicles that were
6    inspected for emission compliance pursuant to this Chapter
7    13 during the previous year, separating the number of
8    inspections conducted at a brick-and-mortar official
9    testing station and the number of inspections conducted by
10    an official portable emissions testing company;
11        (b) the number of diesel powered vehicles that failed
12    and passed the emission inspections conducted pursuant to
13    this Chapter 13 during the previous year, separating the
14    number of inspections conducted at a brick-and-mortar
15    official testing station and the number of inspections
16    conducted by an official portable emissions testing
17    company; and
18        (c) the number of diesel powered vehicles that failed
19    the emission inspections conducted pursuant to this
20    Chapter 13 more than once in the previous year, separating
21    the number of inspections conducted at a brick-and-mortar
22    official testing station and the number of inspections
23    conducted by an official portable emissions testing
24    company.
25(Source: P.A. 100-700, eff. 8-3-18.)
 

 

 

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1    (625 ILCS 5/13-103.3 new)
2    Sec. 13-103.3. Official portable emissions testing
3company; fee; permit; bond. Upon the payment of a fee of $10
4and the filing of an application by the proprietor of any
5vehicle service company upon forms furnished by the
6Department, accompanied by proof of experience, training, and
7ability of the operator of the testing equipment, together
8with proof of approved testing equipment as defined in Section
913-102 and the giving of a bond conditioned upon faithful
10observance of this Section and of rules adopted by the
11Department in the amount of $1,000 with security approved by
12the Department, the Department shall issue a permit to the
13proprietor of the vehicle service company to operate an
14official portable emissions testing company. An official
15portable emissions testing company shall only conduct portable
16emissions inspections for diesel fleets with 5 or more diesel
17vehicles required to be inspected under subsection (a) of
18Section 13-109.1, and only at the fleet owner's place of
19business. A permit issued under this Section shall expire 12
20months following its issuance, but may be renewed annually by
21complying with this Section and upon the payment of a renewal
22fee of $10. No person or vehicle service company shall operate
23as an official portable emissions testing company without
24having been issued a permit as provided in this Section.
25    A permittee under this Section may test second division
26vehicles owned, operated, or controlled by the permittee to

 

 

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1conduct emission inspections of such vehicles in accordance
2with Section 13-109.1. A permittee under this Section may
3conduct interstate inspections on interstate carriers in
4accordance with 49 CFR Part 396.
5    Each permit issued by the Department shall state on its
6face the location of the recordkeeping office of the
7proprietor of the official portable emissions testing company.
8However, the Department, upon application, may authorize a
9change in the location of the recordkeeping office. Upon the
10approval of such an application, the Department shall issue an
11endorsement to be fixed by the applicant to the permit. Such an
12endorsement constitutes authority for the applicant to make
13the change in location.
 
14    (625 ILCS 5/13-105.1 new)
15    Sec. 13-105.1. Inspection of official portable emissions
16testing company. Employees specifically authorized by the
17Department shall inspect, at frequent intervals, vehicles,
18equipment, and the recordkeeping office used by an official
19portable emissions testing company. Department employees under
20this Section shall have access to all records, relating to
21tests and work done or parts sold as a result of such tests, to
22ascertain whether tests are properly, fairly, and honestly
23made. Department employees under this Section may examine the
24owner of an official portable emissions company or any officer
25or employee thereof under oath. The Department shall conduct

 

 

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1periodic nonscheduled inspections of the premises of vehicles
2owned and operated by a licensed official portable emissions
3testing company.
 
4    (625 ILCS 5/13-106)  (from Ch. 95 1/2, par. 13-106)
5    Sec. 13-106. Rates and charges by official testing
6stations and official portable emissions testing companies;
7schedule stations-Schedule to be filed. Every operator of an
8official testing station or official portable emissions
9testing company shall file with the Department, in the manner
10prescribed by the Department, a schedule of all rates and
11charges made by him for performing the tests provided for in
12Section 13-101 and Section 13-109.1. Such rate or charge shall
13include an amount to reimburse the operator of the official
14testing station or official portable emissions testing company
15for the purchase from the Department of the certificate of
16safety required by this chapter, not to exceed that fee paid to
17the Department by the operator authorized by this chapter.
18Such rates and charges shall be just and reasonable and the
19Department upon its own initiative or upon complaint of any
20person or corporation may require the testing station operator
21to appear for a hearing and prove that the rates so filed are
22just and reasonable. A "just and reasonable" rate or charge,
23for the purposes of this Section, means a rate or charge which
24is the same, or nearly the same, as the prevailing rate or
25charge for the same or similar tests made in the community

 

 

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1where the station is located. No operator may change this
2schedule of rates and charges until the proposed changes are
3filed with and approved by the Department. No license may be
4issued to any official testing station or official portable
5emissions testing company unless the applicant has filed with
6the Department a proposed schedule of rates and charges and
7unless such rates and charges have been approved by the
8Department. No operator of an official testing station or
9official portable emissions testing company shall charge more
10or less than the rates so filed with and approved by the
11Department.
12(Source: P.A. 91-254, eff. 7-1-00.)
 
13    (625 ILCS 5/13-107)  (from Ch. 95 1/2, par. 13-107)
14    Sec. 13-107. Investigation of complaints against official
15testing stations and official portable emissions testing
16companies. The Department shall, upon its own motion, or upon
17charges made in writing verified under oath, investigate
18complaints that an official testing station or official
19portable emissions testing company is willfully falsifying
20records or tests, either for the purpose of selling parts or
21services not actually required, or for the purpose of issuing
22a certificate of safety for a vehicle designed to carry 15 or
23fewer passengers operated by a contract carrier transporting
24employees in the course of their employment on a highway of
25this State, second division vehicle, or medical transport

 

 

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1vehicle that is not in safe mechanical condition as determined
2by the standards of this Chapter in violation of the
3provisions of this Chapter or of the rules and regulations
4issued by the Department.
5    The Secretary of Transportation, for the purpose of more
6effectively carrying out the provisions of Chapter 13, may
7appoint such a number of inspectors as he may deem necessary.
8Such inspectors shall inspect and investigate applicants for
9official testing station or official portable emissions
10testing company permits and investigate and report violations.
11With respect to enforcement of the provisions of this Chapter
1213, such inspectors shall have and may exercise throughout the
13State all the powers of police officers.
14    The Secretary must authorize to each inspector and to any
15other employee of the Department exercising the powers of a
16peace officer a distinct badge that, on its face, (i) clearly
17states that the badge is authorized by the Department and (ii)
18contains a unique identifying number. No other badge shall be
19authorized by the Department. Nothing in this Section
20prohibits the Secretary from issuing shields or other
21distinctive identification to employees not exercising the
22powers of a peace officer if the Secretary determines that a
23shield or distinctive identification is needed by the employee
24to carry out his or her responsibilities.
25(Source: P.A. 92-108, eff. 1-1-02; 93-423, eff. 8-5-03.)
 

 

 

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1    (625 ILCS 5/13-108)  (from Ch. 95 1/2, par. 13-108)
2    Sec. 13-108. Hearing on complaint against official testing
3station or official portable emissions testing company;
4suspension station-Suspension or revocation of permit. If it
5appears to the Department, either through its own
6investigation or upon charges verified under oath, that any of
7the provisions of this Chapter or the rules and regulations of
8the Department, are being violated, the Department, shall
9after notice to the person, firm or corporation charged with
10such violation, conduct a hearing. At least 10 days prior to
11the date of such hearing the Department shall cause to be
12served upon the person, firm or corporation charged with such
13violation, a copy of such charge or charges by registered mail
14or by the personal service thereof, together with a notice
15specifying the time and place of such hearing. At the time and
16place specified in such notice the person, firm or corporation
17charged with such violation shall be given an opportunity to
18appear in person or by counsel and to be heard by the Secretary
19of Transportation or an officer or employee of the Department
20designated in writing by him to conduct such hearing. If it
21appears from the hearing that such person, firm or corporation
22is guilty of the charge preferred against him or it, the
23Secretary of Transportation may order the permit suspended or
24revoked, and the bond forfeited. Any such revocation or
25suspension shall not be a bar to subsequent arrest and
26prosecution for violation of this Chapter.

 

 

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1(Source: P.A. 78-255.)
 
2    (625 ILCS 5/13-109.1)
3    Sec. 13-109.1. Annual emission inspection tests;
4standards; penalties; funds.
5    (a) For each diesel powered vehicle that (i) is registered
6for a gross weight of more than 16,000 pounds, (ii) is
7registered within an affected area, and (iii) is a 2 year or
8older model year, an annual emission inspection test shall be
9conducted at an official testing station or by an official
10portable emissions testing company certified by the Illinois
11Department of Transportation to perform diesel emission
12inspections pursuant to the standards set forth in subsection
13(b) of this Section. This annual emission inspection test may
14be conducted in conjunction with a semi-annual safety test.
15    (a-5) (Blank).
16    (b) Diesel emission inspections conducted under this
17Chapter 13 shall be conducted in accordance with the Society
18of Automotive Engineers Recommended Practice J1667
19"Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel
20Powered Vehicles" and the cutpoint standards set forth in the
21United States Environmental Protection Agency guidance
22document "Guidance to States on Smoke Opacity Cutpoints to be
23used with the SAE J1667 In-Use Smoke Test Procedure". Those
24procedures and standards, as now in effect, are made a part of
25this Code, in the same manner as though they were set out in

 

 

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1full in this Code.
2    Notwithstanding the above cutpoint standards, for motor
3vehicles that are model years 1973 and older, until December
431, 2002, the level of peak smoke opacity shall not exceed 70
5percent. Beginning January 1, 2003, for motor vehicles that
6are model years 1973 and older, the level of peak smoke opacity
7shall not exceed 55 percent. Notwithstanding the above
8cutpoint standards, for motor vehicles that are model years
92007 and newer, the level of peak smoke opacity shall not
10exceed 5 percent.
11    (c) If the annual emission inspection under subsection (a)
12reveals that the vehicle is not in compliance with the diesel
13emission standards set forth in subsection (b) of this
14Section, the operator of the official testing station or
15official portable emissions testing company shall issue a
16warning notice requiring correction of the violation. The
17correction shall be made and the vehicle submitted to an
18emissions retest at an official testing station or official
19portable emissions testing company certified by the Department
20to perform diesel emission inspections within 30 days from the
21issuance of the warning notice requiring correction of the
22violation.
23    If, within 30 days from the issuance of the warning
24notice, the vehicle is not in compliance with the diesel
25emission standards set forth in subsection (b) as determined
26by an emissions retest at an official testing station or

 

 

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1through an official portable emissions testing company, the
2certified emissions testing operator , the operator of the
3official testing station or the Department shall place the
4vehicle out-of-service in accordance with the rules
5promulgated by the Department. Operating a vehicle that has
6been placed out-of-service under this subsection (c) is a
7petty offense punishable by a $1,000 fine. The vehicle must
8pass a diesel emission inspection at an official testing
9station before it is again placed in service. The Secretary of
10State, Department of State Police, and other law enforcement
11officers shall enforce this Section. No emergency vehicle, as
12defined in Section 1-105, may be placed out-of-service
13pursuant to this Section.
14    The Department, or an official testing station, or an
15official portable emissions testing company may issue a
16certificate of waiver subsequent to a reinspection of a
17vehicle that failed the emissions inspection. Certificate of
18waiver shall be issued upon determination that documented
19proof demonstrates that emissions repair costs for the
20noncompliant vehicle of at least $3,000 have been spent in an
21effort to achieve compliance with the emission standards set
22forth in subsection (b). The Department of Transportation
23shall adopt rules for the implementation of this subsection
24including standards of documented proof as well as the
25criteria by which a waiver shall be granted.
26    (c-5) (Blank).

 

 

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1    (d) (Blank).
2(Source: P.A. 100-700, eff. 8-3-18.)".