96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1680


 
Introduced 2/19/2009, by Sen. Matt Murphy
 
SYNOPSIS AS INTRODUCED:
 		













625 ILCS 5/13C-15










    Amends the Illinois Vehicle Code. Adds that a vehicle may be inspected at a time outside of its normal 2-year inspection schedule for emissions, if the owner of the vehicle expects to be out of the State during the vehicle's scheduled inspection. Provides that the owner shall submit an affidavit stating he or she expects to be out of the State during the scheduled inspection. Specifies procedures for the submission of an affidavit. Effective immediately.
















LRB096 10734 AJT 20919 b

















 


 


A BILL FOR









 











SB1680

LRB096 10734 AJT 20919 b






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    AN ACT concerning transportation.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Illinois Vehicle Code is amended  by changing 
5
Section 13C-15 as follows:
 
6
    (625 ILCS 5/13C-15)
7
    Sec. 13C-15. Inspections.
8
    (a) Computer-Matched Inspections and Notification.
9
        (1) The provisions of this subsection (a) are operative 
10
    until the implementation of the registration denial 
11
    inspection and notification mechanisms required by 
12
    subsection (b). Beginning with the implementation of the 
13
    program required by this Chapter, every motor vehicle that 
14
    is owned by a resident of an affected county, other than a 
15
    vehicle that is exempt under paragraph (a)(6) or (a)(7), is 
16
    subject to inspection under the program.
17
        The Agency shall send notice of the assigned inspection 
18
    month, at least 15 days before the beginning of the 
19
    assigned month, to the owner of each vehicle subject to the 
20
    program.  An initial emission inspection sticker or initial 
21
    inspection certificate, as the case may be, expires on the 
22
    last day of the third month following the month assigned by 
23
    the Agency for the first inspection of the vehicle. A 
 


 






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    renewal inspection sticker or certificate expires on the 
2
    last day of the third month following the month assigned 
3
    for inspection in the year in which the vehicle's next 
4
    inspection is required.
5
        The Agency or its agent may issue an interim emission 
6
    inspection sticker or certificate for any vehicle subject 
7
    to inspection that does not have a currently valid emission 
8
    inspection sticker or certificate at the time the Agency is 
9
    notified by the Secretary of State of its registration by a 
10
    new owner, and for which an initial emission inspection 
11
    sticker or certificate has already been issued. An interim 
12
    emission inspection sticker or certificate expires no 
13
    later than the last day of the sixth complete calendar 
14
    month after the date the Agency issued the interim emission 
15
    inspection sticker or certificate.
16
        The owner of each vehicle subject to inspection shall 
17
    obtain an emission inspection sticker or certificate for 
18
    the vehicle in accordance with this paragraph (1). Before 
19
    the expiration of the emission inspection sticker or 
20
    certificate, the owner shall have the vehicle inspected 
21
    and, upon demonstration of compliance, obtain a renewal 
22
    emission inspection sticker or certificate. A renewal 
23
    emission inspection sticker or certificate shall not be 
24
    issued more than 5 months before the expiration date of the 
25
    previous inspection sticker or certificate.
26
        (2) Except as provided in paragraph (a)(3), vehicles 
 


 






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    shall be inspected every 2 years on a schedule that begins 
2
    either in the second, fourth, or later calendar year after 
3
    the vehicle model year. The beginning test schedule shall 
4
    be set by the Agency and shall be consistent with the 
5
    State's requirements for emission reductions as determined 
6
    by the applicable United States Environmental Protection 
7
    Agency vehicle emissions estimation model and applicable 
8
    guidance and rules.
9
        (3) A vehicle may be inspected at a time outside of its 
10
    normal 2-year inspection schedule, if (i)  the vehicle was 
11
    acquired by a new owner and (ii) the vehicle was required 
12
    to be in compliance with this Act at the time the vehicle 
13
    was acquired by the new owner, but it was not then in 
14
    compliance, or (ii) the owner expects to be out of the 
15
    State during the vehicle's normal scheduled inspection. 
16
    The owner shall file a sworn affidavit containing a 
17
    statement that he or she expects to  be out of the State 
18
    during the vehicle's normal scheduled inspection. The 
19
    affidavit shall be submitted to the Agency at least 30 days 
20
    before the vehicle's normal scheduled inspection.
21
        (4) The owner of a vehicle subject to inspection shall 
22
    have the vehicle inspected and shall obtain and display on 
23
    the vehicle or carry within the vehicle, in a manner 
24
    specified by the Agency, a valid unexpired emission 
25
    inspection sticker or certificate in the manner specified 
26
    by the Agency.   A person who violates this paragraph (4) is 
 


 






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    guilty of a petty offense, except that a third or 
2
    subsequent violation within one year of the first violation 
3
    is a Class C misdemeanor. The fine imposed for a violation 
4
    of this paragraph (4) shall be not less than $50 if the 
5
    violation occurred within 60 days following the date by 
6
    which a new or renewal emission inspection sticker or 
7
    certificate was required to be obtained for the vehicle, 
8
    and not less than $300 if the violation occurred more than 
9
    60 days after that date.
10
        (5) For a $20 fee, to be paid into the Vehicle 
11
    Inspection Fund, the Agency may inspect:
12
            (A) A vehicle registered in and subject to the 
13
        emission inspections requirements of another state.
14
            (B) A vehicle presented for inspection on a 
15
        voluntary basis.
16
        Any fees collected under this paragraph (5)

shall not 
17
    offset Motor Fuel Tax Funds normally appropriated for the 
18
    program.
19
        (6) The following vehicles are not subject to 
20
    inspection:
21
            (A) Vehicles not subject to registration under 
22
        Article IV of Chapter 3 of this Code, other than 
23
        vehicles owned by the federal government.
24
            (B) Motorcycles, motor driven cycles, and 
25
        motorized pedalcycles.
26
            (C) Farm vehicles and implements of husbandry.
 


 






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            (D) Implements of warfare owned by the State or 
2
        federal government.
3
            (E) Antique  vehicles, custom vehicles, street 
4
        rods, and vehicles of model year 1967 or before.
5
            (F) Vehicles operated exclusively for parade or 
6
        ceremonial purposes by any veterans, fraternal, or 
7
        civic organization, organized on a not-for-profit 
8
        basis.
9
            (G) Vehicles for  which the Secretary of State, 
10
        under Section 3-117 of this Code, has issued a Junking 
11
        Certificate.
12
            (H) Diesel powered vehicles and vehicles that are 
13
        powered exclusively by electricity.
14
            (I) Vehicles operated exclusively in organized 
15
        amateur or professional sporting activities, as 
16
        defined in Section 3.310 of the Environmental 
17
        Protection Act.
18
            (J) Vehicles registered in, subject to, and in 
19
        compliance with the emission inspection requirements 
20
        of another state.
21
            (K) Vehicles participating in an OBD continuous 
22
        monitoring program operated in accordance with 
23
        procedures adopted by the Agency.
24
            (L) Vehicles of model year 1995 or earlier that do 
25
        not have an expired emissions test sticker or 
26
        certificate on February 1, 2007.
 


 






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        The Agency may issue temporary or permanent exemption 
2
    stickers or certificates for vehicles temporarily or 
3
    permanently exempt from inspection under this paragraph 
4
    (6). An exemption sticker or certificate does not need to 
5
    be displayed.
6
        (7) According to criteria that the Agency may adopt, a 
7
    motor vehicle may be exempted from the inspection 
8
    requirements of this Section by the Agency on the basis of 
9
    an Agency determination that the vehicle is located and 
10
    primarily used outside of the affected counties or in other 
11
    jurisdictions where vehicle emission inspections are not 
12
    required.  The Agency may issue an annual exemption sticker 
13
    or certificate without inspection for any vehicle exempted 
14
    from inspection under this paragraph (7).
15
        (8) Any owner or lessee of a fleet of 15 or more motor 
16
    vehicles that are subject to inspection under this Section 
17
    may apply to the Agency for a permit to establish and 
18
    operate a private official inspection station in 
19
    accordance with rules adopted by the Agency.
20
        (9) Pursuant to Title 40, Section 51.371 of the Code of 
21
    Federal Regulations, the Agency may establish a program of 
22
    on-road testing of in-use vehicles through the use of 
23
    remote sensing devices.  In any such program, the Agency 
24
    shall evaluate the emission performance of 0.5% of the 
25
    subject fleet or 20,000 vehicles, whichever is less.  Under 
26
    no circumstances shall on-road testing include any sort of 
 


 






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    roadblock or roadside pullover or cause any type of traffic 
2
    delay.  If, during the course of an on-road inspection, a 
3
    vehicle is found to exceed the on-road emissions standards 
4
    established for the model year and type of vehicle, the 
5
    Agency shall send a notice to the vehicle owner.  The notice 
6
    shall document the occurrence and the results of the 
7
    on-road exceedance.  The notice of a second on-road 
8
    exceedance shall indicate that the vehicle has been 
9
    reassigned and is subject to an out-of-cycle follow-up 
10
    inspection at an official inspection station.  In no case 
11
    shall the Agency send a notice of an on-road exceedance to 
12
    the owner of a vehicle that was found to exceed the on-road 
13
    emission standards established for the model year and type 
14
    of vehicle, if the vehicle is registered outside of the 
15
    affected counties.

16
    (b) Registration Denial Inspection and Notification.
17
        (1) No later than January 1, 2008, every motor vehicle 
18
    that is owned by a resident of an affected county, other 
19
    than a vehicle that is exempt under paragraph (b)(8) or 
20
    (b)(9), is subject to inspection under the program.
21
        The owner of a vehicle subject to inspection shall have 
22
    the vehicle inspected and obtain proof of compliance from 
23
    the Agency in order to obtain or renew a vehicle 
24
    registration for a subject vehicle.
25
        The Secretary of State shall notify the owner of a 
26
    vehicle subject to inspection of the requirement to have 
 


 






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    the vehicle tested at least 30 days prior to the beginning 
2
    of the month in which the vehicle's registration is due to 
3
    expire.  Notwithstanding the preceding, vehicles with 
4
    permanent registration plates shall be notified at least 30 
5
    days prior to the month corresponding to the date the 
6
    vehicle was originally registered. This notification shall 
7
    clearly state the vehicle's test status, based upon the 
8
    vehicle type, model year and registration address.
9
        The owner of each vehicle subject to inspection shall 
10
    have the vehicle inspected and, upon demonstration of 
11
    compliance, obtain an emissions compliance certificate for 
12
    the vehicle.
13
        (2) Except as provided in paragraphs (b)(3), (b)(4), 
14
    and (b)(5), vehicles shall be inspected every 2 years on a 
15
    schedule that begins in the fourth calendar year after the 
16
    vehicle model year. Even model year vehicles shall be 
17
    inspected and comply in order to renew registrations 
18
    expiring in even calendar years and odd model year vehicles 
19
    shall be inspected and comply in order to renew 
20
    registrations expiring in odd calendar years.
21
        (3) A vehicle shall be inspected and comply at a time 
22
    outside of its normal 2-year inspection schedule if (i) the 
23
    vehicle was acquired by a new owner and (ii) the vehicle 
24
    had not been issued a Compliance Certificate within one 
25
    year of the date of application for the title or 
26
    registration, or both, for the vehicle, or (ii) the owner 
 


 






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    expects to be out of the State during the vehicle's normal 
2
    scheduled inspection. The owner shall file a sworn 
3
    affidavit containing a statement that he or she expects to  
4
    be out of the State during the vehicle's normal scheduled 
5
    inspection. The affidavit shall be submitted to the Agency 
6
    at least 30 days before the vehicle's normal scheduled 
7
    inspection.
8
        (4) Vehicles with 2-year registrations shall be 
9
    inspected every 2 years at the time of registration 
10
    issuance or renewal on a schedule that begins in the fourth 
11
    year after the vehicle model year.
12
        (5) Vehicles with permanent vehicle registration 
13
    plates shall be inspected every 2 years on a schedule that 
14
    begins in the fourth calendar year after the vehicle model 
15
    year in the month corresponding to the date the vehicle was 
16
    originally registered.  Even model year vehicles shall be 
17
    inspected and comply in even calendar years, and odd model 
18
    year vehicles shall be inspected and comply in odd calendar 
19
    years.
20
        (6) The Agency and the Secretary of State shall 
21
    endeavor to ensure a smooth transition from test scheduling 
22
    from the provisions of subsection (a) to subsection (b).  
23
    Passing tests and waivers issued prior to the 
24
    implementation of this subsection (b) may be utilized to 
25
    establish compliance for a period of one year from the date 
26
    of the emissions or waiver inspection.
 


 






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        (7) For a $20 fee, to be paid into the Vehicle 
2
    Inspection Fund, the Agency may inspect:
3
            (A) A vehicle registered in and subject to the 
4
        emissions inspections requirements of another state.
5
            (B) A vehicle presented for inspection on a 
6
        voluntary basis.
7
        Any fees collected under this paragraph (7) shall not 
8
    offset Motor Fuel Tax Funds normally appropriated for the 
9
    program.
10
        (8) The following vehicles are not subject to 
11
    inspection:
12
            (A) Vehicles not subject to registration under 
13
        Article IV of Chapter 3 of this Code, other than 
14
        vehicles owned by the federal government.
15
            (B) Motorcycles, motor driven cycles, and 
16
        motorized pedalcycles.
17
            (C) Farm vehicles and implements of husbandry.
18
            (D) Implements of warfare owned by the State or 
19
        federal government.
20
            (E) Antique vehicles, custom vehicles, street 
21
        rods, and vehicles of model year 1967 or before.
22
            (F) Vehicles operated exclusively for parade or 
23
        ceremonial purposes by any veterans, fraternal, or 
24
        civic organization, organized on a not-for-profit 
25
        basis.
26
            (G) Vehicles for which the Secretary of State, 
 


 






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1
        under Section 3-117 of this Code, has issued a Junking 
2
        Certificate.
3
            (H) Diesel powered vehicles and vehicles that are 
4
        powered exclusively by electricity.
5
            (I) Vehicles operated exclusively in organized 
6
        amateur or professional sporting activities, as 
7
        defined in Section 3.310 of the Environmental 
8
        Protection Act.
9
            (J) Vehicles registered in, subject to, and in 
10
        compliance with the emission inspection requirements 
11
        of another state.
12
            (K) Vehicles participating in an OBD continuous 
13
        monitoring program operated in accordance with 
14
        procedures adopted by the Agency.
15
            (L) Vehicles of model year 1995 or earlier that do 
16
        not have an expired emissions test sticker or 
17
        certificate on February 1, 2007.
18
        The Agency may issue temporary or permanent exemption 
19
    certificates for vehicles temporarily or permanently 
20
    exempt from inspection under this paragraph (8). An 
21
    exemption sticker or certificate does not need to be 
22
    displayed.
23
        (9) According to criteria that the Agency may adopt, a 
24
    motor vehicle may be exempted from the inspection 
25
    requirements of this Section by the Agency on the basis of 
26
    an Agency determination that the vehicle is located and 
 


 






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    primarily used outside of the affected counties or in other 
2
    jurisdictions where vehicle emissions inspections are not 
3
    required. The Agency may issue an annual exemption 
4
    certificate without inspection for any vehicle exempted 
5
    from inspection under this paragraph (9).
6
        (10) Any owner or lessee of a fleet of 15 or more motor 
7
    vehicles that are subject to inspection under this Section 
8
    may apply to the Agency for a permit to establish and 
9
    operate a private official inspection station in 
10
    accordance with rules adopted by the Agency.
11
        (11) Pursuant to Title 40, Section 51.371 of the Code 
12
    of Federal Regulations, the Agency may establish a program 
13
    of  on-road testing of in-use vehicles through the use of 
14
    remote sensing devices. In any such program, the Agency 
15
    shall evaluate the emission performance of 0.5% of the 
16
    subject fleet or 20,000 vehicles, whichever is less. Under 
17
    no circumstances shall on-road testing include any sort of 
18
    roadblock or roadside pullover or cause any type of traffic 
19
    delay. If, during the course of an on-road inspection, a 
20
    vehicle is found to exceed the on-road emissions standards 
21
    established for the model year and type of vehicle, the 
22
    Agency shall send a notice to the vehicle owner. The notice 
23
    shall document the occurrence and the results of the 
24
    on-road exceedance. The notice of a second on-road 
25
    exceedance shall indicate that the vehicle has been 
26
    reassigned and is subject to an out-of-cycle follow-up 
 


 






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    inspection at an official inspection station. In no case 
2
    shall the Agency send a notice of an on-road exceedance to 
3
    the owner of a vehicle that was found to exceed the on-road 
4
    emissions standards established for the model year and type 
5
    of vehicle, if the vehicle is registered outside of the 
6
    affected counties.
7
(Source: P.A. 94-526, eff. 1-1-06; 94-848, eff. 6-9-06.)
 

8
    Section 99. Effective date. This Act takes effect upon 
9
becoming law.