Illinois General Assembly - Full Text of HB3106
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Full Text of HB3106  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/19/2021, by Rep. Robert Rita and Jonathan Carroll


625 ILCS 5/13-103.3 new
625 ILCS 5/13-105.1 new
625 ILCS 5/13-106  from Ch. 95 1/2, par. 13-106
625 ILCS 5/13-107  from Ch. 95 1/2, par. 13-107
625 ILCS 5/13-108  from Ch. 95 1/2, par. 13-108
625 ILCS 5/13-109.1

    Amends the Illinois Vehicle Code. Provides that the Department of Transportation shall issue a permit to the proprietor of a vehicle service company that meets certain requirements to operate an official portable emissions testing company. Provides that a permittee may test the permittee's own second division vehicles and issue certificates of safety and conduct emission inspections of the permittee's own second division vehicles. Adds language governing fees, bonding, and oversight of official portable emissions testing companies. Makes corresponding changes.

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HB3106LRB102 15170 RAM 20525 b

1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Vehicle Code is amended by
5changing Sections 13-106, 13-107, 13-108, and 13-109.1 and by
6adding Sections 13-103.3 and 13-105.1 as follows:
7    (625 ILCS 5/13-103.3 new)
8    Sec. 13-103.3. Official portable emissions testing
9company; fee; permit; bond. Upon the payment of a fee of $10
10and the filing of an application by the proprietor of any
11vehicle service company upon forms furnished by the
12Department, accompanied by proof of experience, training, and
13ability of the operator of the testing equipment, together
14with proof of approved testing equipment as defined in Section
1513-102 and the giving of a bond conditioned upon faithful
16observance of this Section and of rules adopted by the
17Department in the amount of $1,000 with security approved by
18the Department, the Department shall issue a permit to the
19proprietor of the vehicle service company to operate an
20official portable emissions testing company. An official
21portable emissions testing company shall only conduct portable
22emissions inspections for diesel fleets with 5 or more diesel
23vehicles required to be inspected under subsection (a) of



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1Section 13-109.1, and only at the fleet owner's place of
2business. A permit issued under this Section shall expire 12
3months following its issuance, but may be renewed annually by
4complying with this Section and upon the payment of a renewal
5fee of $10. No person or vehicle service company shall operate
6as an official portable emissions testing company without
7having been issued a permit as provided in this Section.
8    A permittee under this Section may test second division
9vehicles owned, operated, or controlled by the permittee and
10issue certificates of safety and conduct emission inspections
11of such vehicles in accordance with Section 13-109.1.
12    Each permit issued by the Department shall state on its
13face the location of the recordkeeping office of the
14proprietor of the official portable emissions testing company.
15However, the Department, upon application, may authorize a
16change in the location of the recordkeeping office. Upon the
17approval of such an application, the Department shall issue an
18endorsement to be fixed by the applicant to the permit. Such an
19endorsement constitutes authority for the applicant to make
20the change in location.
21    (625 ILCS 5/13-105.1 new)
22    Sec. 13-105.1. Inspection of official portable emissions
23testing company. Employees specifically authorized by the
24Department shall inspect, at frequent intervals, vehicles,
25equipment, and the recordkeeping office used by an official



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1portable emissions testing company. Department employees under
2this Section shall have access to all records, relating to
3tests and work done or parts sold as a result of such tests, to
4ascertain whether tests are properly, fairly, and honestly
5made. Department employees under this Section may examine the
6owner of an official portable emissions company or any officer
7or employee thereof under oath. The Department shall conduct
8periodic nonscheduled inspections of the premises of vehicles
9owned and operated by a licensed official portable emissions
10testing company.
11    (625 ILCS 5/13-106)  (from Ch. 95 1/2, par. 13-106)
12    Sec. 13-106. Rates and charges by official testing
13stations and official portable emissions testing companies;
14schedule stations-Schedule to be filed. Every operator of an
15official testing station or official portable emissions
16testing company shall file with the Department, in the manner
17prescribed by the Department, a schedule of all rates and
18charges made by him for performing the tests provided for in
19Section 13-101 and Section 13-109.1. Such rate or charge shall
20include an amount to reimburse the operator of the official
21testing station or official portable emissions testing company
22for the purchase from the Department of the certificate of
23safety required by this chapter, not to exceed that fee paid to
24the Department by the operator authorized by this chapter.
25Such rates and charges shall be just and reasonable and the



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1Department upon its own initiative or upon complaint of any
2person or corporation may require the testing station operator
3to appear for a hearing and prove that the rates so filed are
4just and reasonable. A "just and reasonable" rate or charge,
5for the purposes of this Section, means a rate or charge which
6is the same, or nearly the same, as the prevailing rate or
7charge for the same or similar tests made in the community
8where the station is located. No operator may change this
9schedule of rates and charges until the proposed changes are
10filed with and approved by the Department. No license may be
11issued to any official testing station or official portable
12emissions testing company unless the applicant has filed with
13the Department a proposed schedule of rates and charges and
14unless such rates and charges have been approved by the
15Department. No operator of an official testing station or
16official portable emissions testing company shall charge more
17or less than the rates so filed with and approved by the
19(Source: P.A. 91-254, eff. 7-1-00.)
20    (625 ILCS 5/13-107)  (from Ch. 95 1/2, par. 13-107)
21    Sec. 13-107. Investigation of complaints against official
22testing stations and official portable emissions testing
23companies. The Department shall, upon its own motion, or upon
24charges made in writing verified under oath, investigate
25complaints that an official testing station or official



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1portable emissions testing company is willfully falsifying
2records or tests, either for the purpose of selling parts or
3services not actually required, or for the purpose of issuing
4a certificate of safety for a vehicle designed to carry 15 or
5fewer passengers operated by a contract carrier transporting
6employees in the course of their employment on a highway of
7this State, second division vehicle, or medical transport
8vehicle that is not in safe mechanical condition as determined
9by the standards of this Chapter in violation of the
10provisions of this Chapter or of the rules and regulations
11issued by the Department.
12    The Secretary of Transportation, for the purpose of more
13effectively carrying out the provisions of Chapter 13, may
14appoint such a number of inspectors as he may deem necessary.
15Such inspectors shall inspect and investigate applicants for
16official testing station or official portable emissions
17testing company permits and investigate and report violations.
18With respect to enforcement of the provisions of this Chapter
1913, such inspectors shall have and may exercise throughout the
20State all the powers of police officers.
21    The Secretary must authorize to each inspector and to any
22other employee of the Department exercising the powers of a
23peace officer a distinct badge that, on its face, (i) clearly
24states that the badge is authorized by the Department and (ii)
25contains a unique identifying number. No other badge shall be
26authorized by the Department. Nothing in this Section



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1prohibits the Secretary from issuing shields or other
2distinctive identification to employees not exercising the
3powers of a peace officer if the Secretary determines that a
4shield or distinctive identification is needed by the employee
5to carry out his or her responsibilities.
6(Source: P.A. 92-108, eff. 1-1-02; 93-423, eff. 8-5-03.)
7    (625 ILCS 5/13-108)  (from Ch. 95 1/2, par. 13-108)
8    Sec. 13-108. Hearing on complaint against official testing
9station or official portable emissions testing company;
10suspension station-Suspension or revocation of permit. If it
11appears to the Department, either through its own
12investigation or upon charges verified under oath, that any of
13the provisions of this Chapter or the rules and regulations of
14the Department, are being violated, the Department, shall
15after notice to the person, firm or corporation charged with
16such violation, conduct a hearing. At least 10 days prior to
17the date of such hearing the Department shall cause to be
18served upon the person, firm or corporation charged with such
19violation, a copy of such charge or charges by registered mail
20or by the personal service thereof, together with a notice
21specifying the time and place of such hearing. At the time and
22place specified in such notice the person, firm or corporation
23charged with such violation shall be given an opportunity to
24appear in person or by counsel and to be heard by the Secretary
25of Transportation or an officer or employee of the Department



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1designated in writing by him to conduct such hearing. If it
2appears from the hearing that such person, firm or corporation
3is guilty of the charge preferred against him or it, the
4Secretary of Transportation may order the permit suspended or
5revoked, and the bond forfeited. Any such revocation or
6suspension shall not be a bar to subsequent arrest and
7prosecution for violation of this Chapter.
8(Source: P.A. 78-255.)
9    (625 ILCS 5/13-109.1)
10    Sec. 13-109.1. Annual emission inspection tests;
11standards; penalties; funds.
12    (a) For each diesel powered vehicle that (i) is registered
13for a gross weight of more than 16,000 pounds, (ii) is
14registered within an affected area, and (iii) is a 2 year or
15older model year, an annual emission inspection test shall be
16conducted at an official testing station or by an official
17portable emissions testing company certified by the Illinois
18Department of Transportation to perform diesel emission
19inspections pursuant to the standards set forth in subsection
20(b) of this Section. This annual emission inspection test may
21be conducted in conjunction with a semi-annual safety test.
22    (a-5) (Blank).
23    (b) Diesel emission inspections conducted under this
24Chapter 13 shall be conducted in accordance with the Society
25of Automotive Engineers Recommended Practice J1667



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1"Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel
2Powered Vehicles" and the cutpoint standards set forth in the
3United States Environmental Protection Agency guidance
4document "Guidance to States on Smoke Opacity Cutpoints to be
5used with the SAE J1667 In-Use Smoke Test Procedure". Those
6procedures and standards, as now in effect, are made a part of
7this Code, in the same manner as though they were set out in
8full in this Code.
9    Notwithstanding the above cutpoint standards, for motor
10vehicles that are model years 1973 and older, until December
1131, 2002, the level of peak smoke opacity shall not exceed 70
12percent. Beginning January 1, 2003, for motor vehicles that
13are model years 1973 and older, the level of peak smoke opacity
14shall not exceed 55 percent.
15    (c) If the annual emission inspection under subsection (a)
16reveals that the vehicle is not in compliance with the diesel
17emission standards set forth in subsection (b) of this
18Section, the operator of the official testing station or
19official portable emissions testing company shall issue a
20warning notice requiring correction of the violation. The
21correction shall be made and the vehicle submitted to an
22emissions retest at an official testing station or official
23portable emissions testing company certified by the Department
24to perform diesel emission inspections within 30 days from the
25issuance of the warning notice requiring correction of the



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1    If, within 30 days from the issuance of the warning
2notice, the vehicle is not in compliance with the diesel
3emission standards set forth in subsection (b) as determined
4by an emissions retest at an official testing station or
5through an official portable emissions testing company, the
6certified emissions testing operator , the operator of the
7official testing station or the Department shall place the
8vehicle out-of-service in accordance with the rules
9promulgated by the Department. Operating a vehicle that has
10been placed out-of-service under this subsection (c) is a
11petty offense punishable by a $1,000 fine. The vehicle must
12pass a diesel emission inspection at an official testing
13station before it is again placed in service. The Secretary of
14State, Department of State Police, and other law enforcement
15officers shall enforce this Section. No emergency vehicle, as
16defined in Section 1-105, may be placed out-of-service
17pursuant to this Section.
18    The Department, or an official testing station, or an
19official portable emissions testing company may issue a
20certificate of waiver subsequent to a reinspection of a
21vehicle that failed the emissions inspection. Certificate of
22waiver shall be issued upon determination that documented
23proof demonstrates that emissions repair costs for the
24noncompliant vehicle of at least $3,000 have been spent in an
25effort to achieve compliance with the emission standards set
26forth in subsection (b). The Department of Transportation



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1shall adopt rules for the implementation of this subsection
2including standards of documented proof as well as the
3criteria by which a waiver shall be granted.
4    (c-5) (Blank).
5    (d) (Blank).
6(Source: P.A. 100-700, eff. 8-3-18.)