State of Illinois
92nd General Assembly
Legislation

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92_SB0030ham001

 










                                           LRB9200599DHmgam04

 1                     AMENDMENT TO SENATE BILL 30

 2        AMENDMENT NO.     .  Amend Senate Bill 30 as follows:

 3    by replacing the title with the following:
 4        "AN ACT in relation to vehicles."; and

 5    by replacing everything after the enacting  clause  with  the
 6    following:

 7        "Section  5.  The  Illinois  Vehicle  Code  is amended by
 8    changing Sections 13B-25 and 13B-45 as follows:

 9        (625 ILCS 5/13B-25)
10        Sec. 13B-25. Performance of inspections.
11        (a)  The  inspection  of  vehicles  required  under  this
12    Chapter shall be performed only: (i) by inspectors  who  have
13    been  certified by the Agency after successfully completing a
14    course of training and successfully passing a  written  test;
15    (ii)  at  official  inspection  stations  or official on-road
16    inspection sites established under this  Chapter;  and  (iii)
17    with equipment that has been approved by the Agency for these
18    inspections.
19        (b)  Except  as  provided in subsections (c) and (d), the
20    inspection shall consist of (i) a  loaded  mode  exhaust  gas
21    analysis; (ii) an evaporative system integrity test; (iii) an
 
                            -2-            LRB9200599DHmgam04
 1    on-board   computer  diagnostic  system  check;  and  (iv)  a
 2    verification  that  all  required   emission-related   recall
 3    repairs  have been made under Title 40, Section 51.370 of the
 4    Code  of  Federal  Regulations,  and  may  also  include   an
 5    evaporative  system  purge  test. The owner of the vehicle or
 6    the owner's agent shall be entitled to an emission inspection
 7    certificate issued by an inspector only if all required tests
 8    are passed at the time of the inspection.
 9        (c)  A steady-state idle  exhaust  gas  analysis  may  be
10    substituted  for the loaded mode exhaust gas analysis and the
11    evaporative purge system test in the following cases:
12             (1)  On any vehicle of model year 1980 or older.
13             (2)  On any heavy duty vehicle with  a  manufacturer
14        gross vehicle weight rating in excess of 8,500 pounds.
15             (3)  On any vehicle for which loaded mode testing is
16        not possible due to vehicle design or configuration.
17        (d)  If  authorized  by  the  United States Environmental
18    Protection Agency with no  or  a  minimal  loss  of  emission
19    reduction  benefits and if authorized by rules that the Board
20    or the Agency may adopt, the following  procedures  shall  be
21    followed  on model year 1996 and newer vehicles equipped with
22    OBDII on-board computer diagnostic equipment:
23             (1)  The loaded mode exhaust gas analysis  specified
24        in  subsection (b) of this Section shall not be performed
25        on  such  vehicles  for  which  the   on-board   computer
26        diagnostic  test  specified  in  subsection  (h)  of this
27        Section can be  performed.  All  other  elements  of  the
28        inspection  required for such vehicles shall be performed
29        in accordance with the provisions of this Section.
30             (2)  The on-board computer diagnostic test shall not
31        be a required element of the inspection mandated by  this
32        Section  for  such  vehicles  for which on-board computer
33        diagnostic testing is not possible due to  the  vehicle's
34        originally  certified design or its design as modified in
 
                            -3-            LRB9200599DHmgam04
 1        accordance with federal  law  and  regulations.  In  such
 2        cases,  all  other  elements  of  the inspection required
 3        under this Section shall be performed on  such  vehicles,
 4        including  the  exhaust  gas  analysis  as  specified  in
 5        subsection  (b) of this Section.  A steady-state idle gas
 6        analysis may also be substituted for the  new  procedures
 7        specified  in  subsection (b) in inspections conducted in
 8        calendar year 1995 on any vehicle of model year  1990  or
 9        older.
10        (e)  The  exhaust gas analysis shall consist of a test of
11    an exhaust gas sample to determine whether the quantities  of
12    exhaust  gas  pollutants  emitted  by  the  vehicle  meet the
13    standards set for vehicles of that type under Section 13B-20.
14    A vehicle shall be deemed to have passed this portion of  the
15    inspection  if  the  evaluation  of  the  exhaust  gas sample
16    indicates that  the  quantities  of  exhaust  gas  pollutants
17    emitted  by  the  vehicle do not exceed the standards set for
18    vehicles of that type under Section 13B-20  or  an  inspector
19    certifies  that  the  vehicle  qualifies  for a waiver of the
20    exhaust gas pollutant standards under Section 13B-30.
21        (f)  The evaporative system integrity test shall  consist
22    of  a  procedure  to  determine  if  leaks  exist in all or a
23    portion of the  vehicle  fuel  evaporation  emission  control
24    system.   A  vehicle shall be deemed to have passed this test
25    if it meets the criteria that the  Board  may  adopt  for  an
26    evaporative system integrity test.
27        (g)  The evaporative system purge test shall consist of a
28    procedure  to  verify  the  purging  of  vapors stored in the
29    evaporative canister.  A vehicle  shall  be  deemed  to  have
30    passed  this test if it meets the criteria that the Board may
31    adopt for an evaporative system purge test.
32        (h)  The on-board computer diagnostic test shall  consist
33    of  accessing  the  vehicle's on-board computer system, if so
34    equipped, and reading any stored diagnostic codes that may be
 
                            -4-            LRB9200599DHmgam04
 1    present.  The vehicle shall be deemed  to  have  passed  this
 2    test  if  the codes observed did not exceed standards set for
 3    vehicles of that type under Section 13B-20.
 4    (Source: P.A. 90-475, eff. 8-17-97.)

 5        (625 ILCS 5/13B-45)
 6        Sec. 13B-45.  Contracts.
 7        (a)  The Agency may enter into contracts with one or more
 8    responsible  parties  to  construct  and   operate   official
 9    inspection  stations,  provide  and  maintain  approved  test
10    equipment,  administer tests, certify results, issue emission
11    inspection stickers or certificates, maintain records,  train
12    personnel,  or  provide  information to the public concerning
13    the program.
14        These contracts (i) shall  be  subject  to  the  Illinois
15    Purchasing  Act,  (ii)  may  be  for a term of up to 9 years,
16    (iii) shall be in writing, and (iv)  shall  not  take  effect
17    until  a  copy  of  the  contract  is  filed  with  the State
18    Comptroller.
19        (b)  In preparing its proposals for bidding by  potential
20    contractors,  the Agency shall endeavor to include provisions
21    relating to the following factors:
22             (1)  The demonstrated  financial  responsibility  of
23        the potential contractor.
24             (2)  The   specialized   experience   and  technical
25        competence of the potential contractor in connection with
26        the type of services required and the complexity  of  the
27        project.
28             (3)  The   potential  contractor's  past  record  of
29        performance on contracts  with  the  Agency,  with  other
30        government  agencies  or  public bodies, and with private
31        industry, including such items as cost, quality of  work,
32        and ability to meet schedules.
33             (4)  The  capacity  of  the  potential contractor to
 
                            -5-            LRB9200599DHmgam04
 1        perform the work within the time limitations.
 2             (5)  The familiarity  of  the  potential  contractor
 3        with the types of problems applicable to the project.
 4             (6)  The  potential  contractor's proposed method to
 5        accomplish   the   work   required    including,    where
 6        appropriate, any demonstrated capability of exploring and
 7        developing innovative or advanced techniques and methods.
 8             (7)  Avoidance   of   personal   and  organizational
 9        conflicts of interest prohibited under federal, State, or
10        local law.
11             (8)  The potential contractor's  present  and  prior
12        involvement   in  the  community  and  in  the  State  of
13        Illinois.
14        (c)  Any contract  for  the  operation  of  one  or  more
15    official  inspection  stations shall include a provision that
16    the contractor shall not perform emission-related repairs  or
17    adjustments  to  vehicles, other than to the contractor's own
18    vehicles, necessary  to  enable  vehicles  to  pass  Illinois
19    emission inspections.
20        (d)  If  a  vehicle  is  damaged  by  the  contractor  in
21    performing  the emission inspection, the owner of the vehicle
22    may bring a  civil  action  against  the  contractor  in  the
23    circuit  court of the county in which the inspection occurred
24    in accordance with the provisions of  the  Illinois  Code  of
25    Civil Procedure.
26    (Source: P.A. 88-533.)

27        Section  99.  Effective date.  This Act takes effect upon
28    becoming law.".

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