Public Act 094-0848
 
SB2878 Enrolled LRB094 18028 DRH 53333 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Sections 13C-15, 13C-50, 13C-55, and 13C-60 as follows:
 
    (625 ILCS 5/13C-15)
    Sec. 13C-15. Inspections.
    (a) Computer-Matched Inspections and Notification.
        (1) The provisions of this subsection (a) are operative
    until the implementation of the registration denial
    inspection and notification mechanisms required by
    subsection (b). Beginning with the implementation of the
    program required by this Chapter, every motor vehicle that
    is owned by a resident of an affected county, other than a
    vehicle that is exempt under paragraph (a)(6) or (a)(7)
    subsection (f) or (g), is subject to inspection under the
    program.
        The Agency shall send notice of the assigned inspection
    month, at least 15 days before the beginning of the
    assigned month, to the owner of each vehicle subject to the
    program. An initial emission inspection sticker or initial
    inspection certificate, as the case may be, expires on the
    last day of the third month following the month assigned by
    the Agency for the first inspection of the vehicle. A
    renewal inspection sticker or certificate expires on the
    last day of the third month following the month assigned
    for inspection in the year in which the vehicle's next
    inspection is required.
        The Agency or its agent may issue an interim emission
    inspection sticker or certificate for any vehicle subject
    to inspection that does not have a currently valid emission
    inspection sticker or certificate at the time the Agency is
    notified by the Secretary of State of its registration by a
    new owner, and for which an initial emission inspection
    sticker or certificate has already been issued. An interim
    emission inspection sticker or certificate expires no
    later than the last day of the sixth complete calendar
    month after the date the Agency issued the interim emission
    inspection sticker or certificate.
        The owner of each vehicle subject to inspection shall
    obtain an emission inspection sticker or certificate for
    the vehicle in accordance with this paragraph (1)
    subsection. Before the expiration of the emission
    inspection sticker or certificate, the owner shall have the
    vehicle inspected and, upon demonstration of compliance,
    obtain a renewal emission inspection sticker or
    certificate. A renewal emission inspection sticker or
    certificate shall not be issued more than 5 months before
    the expiration date of the previous inspection sticker or
    certificate.
        (2) (b) Except as provided in paragraph (a)(3)
    subsection (c), vehicles shall be inspected every 2 years
    on a schedule that begins either in the second, fourth, or
    later calendar year after the vehicle model year. The
    beginning test schedule shall be set by the Agency and
    shall be consistent with the State's requirements for
    emission reductions as determined by the applicable United
    States Environmental Protection Agency vehicle emissions
    estimation model and applicable guidance and rules.
        (3) (c) A vehicle may be inspected at a time outside of
    its normal 2-year inspection schedule, if (i) the vehicle
    was acquired by a new owner and (ii) the vehicle was
    required to be in compliance with this Act at the time the
    vehicle was acquired by the new owner, but it was not then
    in compliance.
        (4) (d) The owner of a vehicle subject to inspection
    shall have the vehicle inspected and shall obtain and
    display on the vehicle or carry within the vehicle, in a
    manner specified by the Agency, a valid unexpired emission
    inspection sticker or certificate in the manner specified
    by the Agency. A person who violates this paragraph (4)
    subsection (d) is guilty of a petty offense, except that a
    third or subsequent violation within one year of the first
    violation is a Class C misdemeanor. The fine imposed for a
    violation of this paragraph (4) subsection shall be not
    less than $50 if the violation occurred within 60 days
    following the date by which a new or renewal emission
    inspection sticker or certificate was required to be
    obtained for the vehicle, and not less than $300 if the
    violation occurred more than 60 days after that date.
        (5) (e) For a $20 fee, to be paid into the Vehicle
    Inspection Fund, the Agency may inspect:
            (A) (1) A vehicle registered in and subject to the
        emission inspections requirements of another state.
            (B) (2) A vehicle presented for inspection on a
        voluntary basis.
        Any fees collected under this paragraph (5) subsection
    shall not offset Motor Fuel Tax Funds normally appropriated
    for the program.
        (6) (f) The following vehicles are not subject to
    inspection:
            (A) (1) Vehicles not subject to registration under
        Article IV of Chapter 3 of this Code, other than
        vehicles owned by the federal government.
            (B) (2) Motorcycles, motor driven cycles, and
        motorized pedalcycles.
            (C) (3) Farm vehicles and implements of husbandry.
            (D) (4) Implements of warfare owned by the State or
        federal government.
            (E) (5) Antique vehicles, custom vehicles, street
        rods, and vehicles of model year 1967 or before.
            (F) (6) Vehicles operated exclusively for parade
        or ceremonial purposes by any veterans, fraternal, or
        civic organization, organized on a not-for-profit
        basis.
            (G) (7) Vehicles for which the Secretary of State,
        under Section 3-117 of this Code, has issued a Junking
        Certificate.
            (H) (8) Diesel powered vehicles and vehicles that
        are powered exclusively by electricity.
            (I) (9) Vehicles operated exclusively in organized
        amateur or professional sporting activities, as
        defined in Section 3.310 of the Environmental
        Protection Act.
            (J) (10) Vehicles registered in, subject to, and in
        compliance with the emission inspection requirements
        of another state.
            (K) (11) Vehicles participating in an OBD
        continuous monitoring program operated in accordance
        with procedures adopted by the Agency.
            (L) (12) Vehicles of model year 1995 or earlier
        that do not have an expired emissions test sticker or
        certificate on February 1, 2007.
        The Agency may issue temporary or permanent exemption
    stickers or certificates for vehicles temporarily or
    permanently exempt from inspection under this paragraph
    (6) subsection (f). An exemption sticker or certificate
    does not need to be displayed.
        (7) (g) According to criteria that the Agency may
    adopt, a motor vehicle may be exempted from the inspection
    requirements of this Section by the Agency on the basis of
    an Agency determination that the vehicle is located and
    primarily used outside of the affected counties or in other
    jurisdictions where vehicle emission inspections are not
    required. The Agency may issue an annual exemption sticker
    or certificate without inspection for any vehicle exempted
    from inspection under this paragraph (7) subsection.
        (8) (h) Any owner or lessee of a fleet of 15 or more
    motor vehicles that are subject to inspection under this
    Section may apply to the Agency for a permit to establish
    and operate a private official inspection station in
    accordance with rules adopted by the Agency.
        (9) (i) Pursuant to Title 40, Section 51.371 of the
    Code of Federal Regulations, the Agency may establish a
    program of on-road testing of in-use vehicles through the
    use of remote sensing devices. In any such program, the
    Agency shall evaluate the emission performance of 0.5% of
    the subject fleet or 20,000 vehicles, whichever is less.
    Under no circumstances shall on-road testing include any
    sort of roadblock or roadside pullover or cause any type of
    traffic delay. If, during the course of an on-road
    inspection, a vehicle is found to exceed the on-road
    emissions standards established for the model year and type
    of vehicle, the Agency shall send a notice to the vehicle
    owner. The notice shall document the occurrence and the
    results of the on-road exceedance. The notice of a second
    on-road exceedance shall indicate that the vehicle has been
    reassigned and is subject to an out-of-cycle follow-up
    inspection at an official inspection station. In no case
    shall the Agency send a notice of an on-road exceedance to
    the owner of a vehicle that was found to exceed the on-road
    emission standards established for the model year and type
    of vehicle, if the vehicle is registered outside of the
    affected counties.
    (b) Registration Denial Inspection and Notification.
        (1) No later than January 1, 2008, every motor vehicle
    that is owned by a resident of an affected county, other
    than a vehicle that is exempt under paragraph (b)(8) or
    (b)(9), is subject to inspection under the program.
        The owner of a vehicle subject to inspection shall have
    the vehicle inspected and obtain proof of compliance from
    the Agency in order to obtain or renew a vehicle
    registration for a subject vehicle.
        The Secretary of State shall notify the owner of a
    vehicle subject to inspection of the requirement to have
    the vehicle tested at least 30 days prior to the beginning
    of the month in which the vehicle's registration is due to
    expire. Notwithstanding the preceding, vehicles with
    permanent registration plates shall be notified at least 30
    days prior to the month corresponding to the date the
    vehicle was originally registered. This notification shall
    clearly state the vehicle's test status, based upon the
    vehicle type, model year and registration address.
        The owner of each vehicle subject to inspection shall
    have the vehicle inspected and, upon demonstration of
    compliance, obtain an emissions compliance certificate for
    the vehicle.
        (2) Except as provided in paragraphs (b)(3), (b)(4),
    and (b)(5), vehicles shall be inspected every 2 years on a
    schedule that begins in the fourth calendar year after the
    vehicle model year. Even model year vehicles shall be
    inspected and comply in order to renew registrations
    expiring in even calendar years and odd model year vehicles
    shall be inspected and comply in order to renew
    registrations expiring in odd calendar years.
        (3) A vehicle shall be inspected and comply at a time
    outside of its normal 2-year inspection schedule if (i) the
    vehicle was acquired by a new owner and (ii) the vehicle
    had not been issued a Compliance Certificate within one
    year of the date of application for the title or
    registration, or both, for the vehicle.
        (4) Vehicles with 2-year registrations shall be
    inspected every 2 years at the time of registration
    issuance or renewal on a schedule that begins in the fourth
    year after the vehicle model year.
        (5) Vehicles with permanent vehicle registration
    plates shall be inspected every 2 years on a schedule that
    begins in the fourth calendar year after the vehicle model
    year in the month corresponding to the date the vehicle was
    originally registered. Even model year vehicles shall be
    inspected and comply in even calendar years, and odd model
    year vehicles shall be inspected and comply in odd calendar
    years.
        (6) The Agency and the Secretary of State shall
    endeavor to ensure a smooth transition from test scheduling
    from the provisions of subsection (a) to subsection (b).
    Passing tests and waivers issued prior to the
    implementation of this subsection (b) may be utilized to
    establish compliance for a period of one year from the date
    of the emissions or waiver inspection.
        (7) For a $20 fee, to be paid into the Vehicle
    Inspection Fund, the Agency may inspect:
            (A) A vehicle registered in and subject to the
        emissions inspections requirements of another state.
            (B) A vehicle presented for inspection on a
        voluntary basis.
        Any fees collected under this paragraph (7) shall not
    offset Motor Fuel Tax Funds normally appropriated for the
    program.
        (8) The following vehicles are not subject to
    inspection:
            (A) Vehicles not subject to registration under
        Article IV of Chapter 3 of this Code, other than
        vehicles owned by the federal government.
            (B) Motorcycles, motor driven cycles, and
        motorized pedalcycles.
            (C) Farm vehicles and implements of husbandry.
            (D) Implements of warfare owned by the State or
        federal government.
            (E) Antique vehicles, custom vehicles, street
        rods, and vehicles of model year 1967 or before.
            (F) Vehicles operated exclusively for parade or
        ceremonial purposes by any veterans, fraternal, or
        civic organization, organized on a not-for-profit
        basis.
            (G) Vehicles for which the Secretary of State,
        under Section 3-117 of this Code, has issued a Junking
        Certificate.
            (H) Diesel powered vehicles and vehicles that are
        powered exclusively by electricity.
            (I) Vehicles operated exclusively in organized
        amateur or professional sporting activities, as
        defined in Section 3.310 of the Environmental
        Protection Act.
            (J) Vehicles registered in, subject to, and in
        compliance with the emission inspection requirements
        of another state.
            (K) Vehicles participating in an OBD continuous
        monitoring program operated in accordance with
        procedures adopted by the Agency.
            (L) Vehicles of model year 1995 or earlier that do
        not have an expired emissions test sticker or
        certificate on February 1, 2007.
        The Agency may issue temporary or permanent exemption
    certificates for vehicles temporarily or permanently
    exempt from inspection under this paragraph (8). An
    exemption sticker or certificate does not need to be
    displayed.
        (9) According to criteria that the Agency may adopt, a
    motor vehicle may be exempted from the inspection
    requirements of this Section by the Agency on the basis of
    an Agency determination that the vehicle is located and
    primarily used outside of the affected counties or in other
    jurisdictions where vehicle emissions inspections are not
    required. The Agency may issue an annual exemption
    certificate without inspection for any vehicle exempted
    from inspection under this paragraph (9).
        (10) Any owner or lessee of a fleet of 15 or more motor
    vehicles that are subject to inspection under this Section
    may apply to the Agency for a permit to establish and
    operate a private official inspection station in
    accordance with rules adopted by the Agency.
        (11) Pursuant to Title 40, Section 51.371 of the Code
    of Federal Regulations, the Agency may establish a program
    of on-road testing of in-use vehicles through the use of
    remote sensing devices. In any such program, the Agency
    shall evaluate the emission performance of 0.5% of the
    subject fleet or 20,000 vehicles, whichever is less. Under
    no circumstances shall on-road testing include any sort of
    roadblock or roadside pullover or cause any type of traffic
    delay. If, during the course of an on-road inspection, a
    vehicle is found to exceed the on-road emissions standards
    established for the model year and type of vehicle, the
    Agency shall send a notice to the vehicle owner. The notice
    shall document the occurrence and the results of the
    on-road exceedance. The notice of a second on-road
    exceedance shall indicate that the vehicle has been
    reassigned and is subject to an out-of-cycle follow-up
    inspection at an official inspection station. In no case
    shall the Agency send a notice of an on-road exceedance to
    the owner of a vehicle that was found to exceed the on-road
    emissions standards established for the model year and type
    of vehicle, if the vehicle is registered outside of the
    affected counties.
(Source: P.A. 94-526, eff. 1-1-06.)
 
    (625 ILCS 5/13C-50)
    Sec. 13C-50. Costs.
    (a) Except as otherwise provided in paragraph (a)(5) or
(b)(7) subsection (e) of Section 13C-15, no fee shall be
charged to motor vehicle owners for obtaining inspections
required under this Chapter. The Vehicle Inspection Fund, which
is a fund created in the State treasury for the purpose of
receiving moneys from the Motor Fuel Tax Fund and other
sources, shall be used, subject to appropriation, for the
payment of the costs of the program, including reimbursement of
those agencies of the State that incur expenses in the
administration or enforcement of the program. The Vehicle
Inspection Fund shall continue in existence notwithstanding
the repeal of Chapter 13B. Any money in the Vehicle Inspection
Fund on February 1, 2007, shall be used for the purposes set
forth in this Chapter.
    (b) The Agency may acquire, own, maintain, operate, sell,
lease and otherwise transfer real and personal property and
interests in real and personal property for the purpose of
creating or operating inspection stations and for any other
purpose relating to the administration of this Chapter, and may
use money from the Vehicle Inspection Fund for these purposes.
(Source: P.A. 94-526, eff. 1-1-06.)
 
    (625 ILCS 5/13C-55)
    Sec. 13C-55. Enforcement.
    (a) Computer-Matched Enforcement.
        (1) The provisions of this subsection (a) are operative
    until the implementation of the registration denial
    enforcement mechanism required by subsection (b). The
    Agency shall cooperate in the enforcement of this Chapter
    by (i) identifying probable violations through computer
    matching of vehicle registration records and inspection
    records; (ii) sending one notice to each suspected violator
    identified through such matching, stating that
    registration and inspection records indicate that the
    vehicle owner has not complied with this Chapter; (iii)
    directing the vehicle owner to notify the Agency or the
    Secretary of State if he or she has ceased to own the
    vehicle or has changed residence; and (iv) advising the
    vehicle owner of the consequences of violating this
    Chapter.
        The Agency shall cooperate with the Secretary of State
    in the administration of this Chapter and the related
    provisions of Chapter 3, and shall provide the Secretary of
    State with such information as the Secretary of State may
    deem necessary for these purposes, including regular and
    timely access to vehicle inspection records.
        The Secretary of State shall cooperate with the Agency
    in the administration of this Chapter and shall provide the
    Agency with such information as the Agency may deem
    necessary for the purposes of this Chapter, including
    regular and timely access to vehicle registration records.
    Section 2-123 of this Code does not apply to the provision
    of this information.
        (2) (b) The Secretary of State shall suspend either the
    driving privileges or the vehicle registration, or both, of
    any vehicle owner who has not complied with this Chapter,
    if (i) the vehicle owner has failed to satisfactorily
    respond to the one notice sent by the Agency under
    paragraph (a)(1) subsection (a), and (ii) the Secretary of
    State has mailed the vehicle owner a notice that the
    suspension will be imposed if the owner does not comply
    within a stated period, and the Secretary of State has not
    received satisfactory evidence of compliance within that
    period. The Secretary of State shall send this notice only
    after receiving a statement from the Agency that the
    vehicle owner has failed to comply with this Section.
    Notice shall be effective as specified in subsection (c) of
    Section 6-211 of this Code.
        A suspension under this paragraph (a)(2) subsection
    shall not be terminated until satisfactory proof of
    compliance has been submitted to the Secretary of State. No
    driver's license or permit, or renewal of a license or
    permit, may be issued to a person whose driving privileges
    have been suspended under this Section until the suspension
    has been terminated. No vehicle registration or
    registration plate that has been suspended under this
    Section may be reinstated or renewed, or transferred by the
    owner to any other vehicle, until the suspension has been
    terminated.
    (b) Registration Denial Enforcement.
        (1) No later than January 1, 2008, and consistent with
    Title 40, Part 51, Section 51.361 of the Code of Federal
    Regulations, the Agency and the Secretary of State shall
    design, implement, maintain, and operate a registration
    denial enforcement mechanism to ensure compliance with the
    provisions of this Chapter, and cooperate with other State
    and local governmental entities to effectuate its
    provisions. Specifically, this enforcement mechanism shall
    contain, at a minimum, the following elements:
            (A) An external, readily visible means of
        determining vehicle compliance with the registration
        requirement to facilitate enforcement of the program;
            (B) A biennial schedule of testing that clearly
        determines when a vehicle shall comply prior to
        registration;
            (C) A testing certification mechanism (either
        paper-based or electronic) that shall be used for
        registration purposes and clearly states whether the
        certification is valid for purposes of registration,
        including:
                (i) Expiration date of the certificate;
                (ii) Unambiguous vehicle identification
            information; and
                (iii) Whether the vehicle passed or received a
            waiver;
            (D) A commitment to routinely issue citations to
        motorists with expired or missing license plates, with
        either no registration or an expired registration, and
        with no license plate decals or expired decals, and
        provide for enforcement officials other than police to
        issue citations (e.g., parking meter attendants) to
        parked vehicles in noncompliance;
            (E) A commitment to structure the penalty system to
        deter noncompliance with the registration requirement
        through the use of mandatory minimum fines (meaning
        civil, monetary penalties) constituting a meaningful
        deterrent and through a requirement that compliance be
        demonstrated before a case can be closed;
            (F) Ensurance that evidence of testing is
        available and checked for validity at the time of a new
        registration of a used vehicle or registration
        renewal;
            (G) Prevention of owners or lessors from avoiding
        testing through manipulation of the title or
        registration system; title transfers may re-start the
        clock on the inspection cycle only if proof of current
        compliance is required at title transfer;
            (H) Prevention of the fraudulent initial
        classification or reclassification of a vehicle from
        subject to non-subject or exempt by requiring proof of
        address changes prior to registration record
        modification, and documentation from the testing
        program (or delegate) certifying based on a physical
        inspection that the vehicle is exempt;
            (I) Limiting and tracking of the use of time
        extensions of the registration requirement to prevent
        repeated extensions;
            (J) Providing for meaningful penalties for cases
        of registration fraud;
            (K) Limiting and tracking exemptions to prevent
        abuse of the exemption policy for vehicles claimed to
        be out-of-state; and
            (L) Encouraging enforcement of vehicle
        registration transfer requirements when vehicle owners
        move into the affected counties by coordinating with
        local and State enforcement agencies and structuring
        other activities (e.g., driver's license issuance) to
        effect registration transfers.
        (2) The Agency shall cooperate in the enforcement of
    this Chapter by providing the owner or owners of complying
    vehicles with a Compliance Certificate stating that the
    vehicle meets all applicable requirements of this Chapter.
        The Agency shall cooperate with the Secretary of State
    in the administration of this Chapter and the related
    provisions of Chapter 3, and shall provide the Secretary of
    State with such information as the Secretary of State may
    deem necessary for these purposes, including regular and
    timely access to vehicle inspection records.
        The Secretary of State shall cooperate with the Agency
    in the administration of this Chapter and shall provide the
    Agency with such information as the Agency may deem
    necessary for the purposes of this Chapter, including
    regular and timely access to vehicle registration records.
    Section 2-123 of this Code does not apply to the provision
    of this information.
        (3) Consistent with the requirements of Section
    13C-15, the Secretary of State shall not renew any vehicle
    registration for a subject vehicle that has not complied
    with this Chapter. Additionally, the Secretary of State
    shall not allow the issuance of a new registration nor
    allow the transfer of a registration to a subject vehicle
    that has not complied with this Chapter.
        (4) The Secretary of State shall suspend the
    registration of any vehicle which has permanent vehicle
    registration plates that has not complied with the
    requirements of this Chapter. A suspension under this
    paragraph (4) shall not be terminated until satisfactory
    proof of compliance has been submitted to the Secretary of
    State. No permanent vehicle registration plate that has
    been suspended under this Section may be reinstated or
    renewed, or transferred by the owner to any other vehicle,
    until the suspension has been terminated.
(Source: P.A. 94-526, eff. 1-1-06.)
 
    (625 ILCS 5/13C-60)
    Sec. 13C-60. Other offenses.
    (a) Any person who knowingly displays an emission
inspection or exemption certificate for sticker or exemption
sticker on any vehicle other than the one for which the
certificate sticker was lawfully issued in accordance with the
provisions of this Chapter, or duplicates, alters, uses,
possesses, issues, or distributes any emission inspection or
exemption sticker, exemption sticker, inspection certificate,
or facsimile thereof, except in accordance with the provisions
of this Chapter and the rules and regulations adopted
hereunder, is guilty of a Class C misdemeanor.
    (b) A vehicle owner shall pay a monetary fine equivalent to
the test fee plus the applicable waiver repair expenditure for
the continued operation of a non-complying noncomplying
vehicle beyond 4 months past the expiration of the vehicle
emission inspection certificate. Any fines collected under
this Section shall be divided equally between the local
jurisdiction issuing the citation and the Vehicle Inspection
Fund.
(Source: P.A. 94-526, eff. 1-1-06.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.