HB4942ham001 98TH GENERAL ASSEMBLY

Rep. Dwight Kay

Filed: 4/7/2014

09800HB4942ham001 LRB098 16324 MLW 58219 a

AMENDMENT TO HOUSE BILL 4942

AMENDMENT NO. ______. Amend House Bill 4942 by replacing everything after the enacting clause with the following:

"Section 1. Legislative intent. The purpose of this amendatory Act of the 98th General Assembly is to decentralize emissions testing in this State in order to reduce the financial burden on taxpayers. In 2013 over 107,000 vehicles were tested in an emissions testing program at a cost of $30 million. Currently the emission's program is conducted by a private contractor. It is not the intent of the General Assembly to interfere with any current contract, but it is the intent of the General Assembly to prohibit the Illinois Environmental Protection Agency from entering into a new contract or renewing a previous contract that would bind the State to a single private contractor for the purpose of expending State funds for emissions testing. It is the intent of the General Assembly to utilize competition to reduce the financial impact of the emissions testing program upon the expiration of any current contract.

Section 5. The Illinois Vehicle Code is amended by changing Section 13C-45 and by adding Section 13C-45.5 as follows:

(625 ILCS 5/13C-45)

Sec. 13C-45. Contracts.

(a) The Agency may enter into contracts with one or more responsible parties to construct and operate official inspection stations, provide and maintain approved test equipment, administer tests, certify results, issue emission inspection stickers or certificates, maintain records, train personnel, provide information to the public concerning the program, or to otherwise further the goals of this Chapter.

(b) In preparing its proposals for bidding by potential contractors, the Agency shall endeavor to include provisions relating to the following factors:

(1) The demonstrated financial responsibility of the potential contractor.

(2) The specialized experience and technical competence of the potential contractor in connection with the type of services required and the complexity of the project.

(3) The potential contractor's past record of performance on contracts with the Agency, with other government agencies or public bodies, and with private industry, including such items as cost, quality of work, and ability to meet schedules.

(4) The capacity of the potential contractor to perform the work within the time limitations.

(5) The familiarity of the potential contractor with the types of problems applicable to the project.

(6) The potential contractor's proposed method to accomplish the work required, including where appropriate any demonstrated capability of exploring and developing innovative or advanced techniques and methods.

(7) Avoidance of personal and organizational conflicts of interest prohibited under federal, State, or local law.

(8) The potential contractor's present and prior involvement in the community and in the State of Illinois.

(c) On and after the effective date of this amendatory Act of the 98th General Assembly, the Agency may not enter into new contracts under this Section and may not renew any contract previously made under this Section.

(d) This Section is repealed on July 1, 2023.

(Source: P.A. 94-526, eff. 1-1-06.)

(625 ILCS 5/13C-45.5 new)

Sec. 13C-45.5. Inspection station qualifications.

(a) Any facility that performs maintenance or repair work on motor vehicles as a routine part of its business may apply to the Agency for certification as an official inspection station. The Agency shall authorize as an official inspection station any applicant that meets the following criteria:

(1) employs inspectors that have been certified by the Agency after successfully completing a course of training and successfully passing a written test;

(2) requires all inspections done at its facility to be performed by the inspectors certified under paragraph (1) of this subsection (a); and

(3) utilizes equipment for its inspections that has been approved by the Agency for inspections.

(b) The Agency shall adopt rules governing applications to qualify as an official inspection station, including but not limited to any applicable fees.

(c) Nothing in this Section shall be construed to prevent the Agency from operating its own official inspection stations.".