95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4939

 

Introduced , by Rep. Frank J. Mautino

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/13C-15
625 ILCS 5/13C-55

    Amends the Vehicle Emissions Inspection Law in the Illinois Vehicle Code. Provides that a vehicle shall be inspected, and must be found to be in compliance with the Law, at a time outside of its normal 2-year inspection schedule under the Law, if the vehicle is newly registered in an affected county. Provides that, except in specified circumstances, the Secretary of State may, under the Law, allow the issuance of a new vehicle registration for any vehicle or allow the transfer of an existing vehicle registration to a subject vehicle. Further provides, however, that if the Environmental Protection Agency determines that a vehicle was not in compliance with the Law at the time of the issuance or renewal of its registration, the Secretary shall suspend the registration of the vehicle within 60 days of receiving notice of that noncompliance. Effective immediately.


LRB095 15161 LCT 44761 b

 

 

A BILL FOR

 

HB4939 LRB095 15161 LCT 44761 b

1     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 Sections 13C-15 and 13C-55 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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1     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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1     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.
15         (4) The owner of a vehicle subject to inspection shall
16     have the vehicle inspected and shall obtain and display on
17     the vehicle or carry within the vehicle, in a manner
18     specified by the Agency, a valid unexpired emission
19     inspection sticker or certificate in the manner specified
20     by the Agency. A person who violates this paragraph (4) is
21     guilty of a petty offense, except that a third or
22     subsequent violation within one year of the first violation
23     is a Class C misdemeanor. The fine imposed for a violation
24     of this paragraph (4) shall be not less than $50 if the
25     violation occurred within 60 days following the date by
26     which a new or renewal emission inspection sticker or

 

 

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1     certificate was required to be obtained for the vehicle,
2     and not less than $300 if the violation occurred more than
3     60 days after that date.
4         (5) For a $20 fee, to be paid into the Vehicle
5     Inspection Fund, the Agency may inspect:
6             (A) A vehicle registered in and subject to the
7         emission inspections requirements of another state.
8             (B) A vehicle presented for inspection on a
9         voluntary basis.
10         Any fees collected under this paragraph (5) shall not
11     offset Motor Fuel Tax Funds normally appropriated for the
12     program.
13         (6) The following vehicles are not subject to
14     inspection:
15             (A) Vehicles not subject to registration under
16         Article IV of Chapter 3 of this Code, other than
17         vehicles owned by the federal government.
18             (B) Motorcycles, motor driven cycles, and
19         motorized pedalcycles.
20             (C) Farm vehicles and implements of husbandry.
21             (D) Implements of warfare owned by the State or
22         federal government.
23             (E) Antique vehicles, custom vehicles, street
24         rods, and vehicles of model year 1967 or before.
25             (F) Vehicles operated exclusively for parade or
26         ceremonial purposes by any veterans, fraternal, or

 

 

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

 

 

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

 

 

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1     on-road exceedance. The notice of a second on-road
2     exceedance shall indicate that the vehicle has been
3     reassigned and is subject to an out-of-cycle follow-up
4     inspection at an official inspection station. In no case
5     shall the Agency send a notice of an on-road exceedance to
6     the owner of a vehicle that was found to exceed the on-road
7     emission standards established for the model year and type
8     of vehicle, if the vehicle is registered outside of the
9     affected counties.
10     (b) Registration Denial Inspection and Notification.
11         (1) No later than January 1, 2008, every motor vehicle
12     that is owned by a resident of an affected county, other
13     than a vehicle that is exempt under paragraph (b)(8) or
14     (b)(9), is subject to inspection under the program.
15         The owner of a vehicle subject to inspection shall have
16     the vehicle inspected and obtain proof of compliance from
17     the Agency in order to obtain or renew a vehicle
18     registration for a subject vehicle.
19         The Secretary of State shall notify the owner of a
20     vehicle subject to inspection of the requirement to have
21     the vehicle tested at least 30 days prior to the beginning
22     of the month in which the vehicle's registration is due to
23     expire. Notwithstanding the preceding, vehicles with
24     permanent registration plates shall be notified at least 30
25     days prior to the month corresponding to the date the
26     vehicle was originally registered. This notification shall

 

 

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

 

 

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1     year after the vehicle model year.
2         (5) Vehicles with permanent vehicle registration
3     plates shall be inspected every 2 years on a schedule that
4     begins in the fourth calendar year after the vehicle model
5     year in the month corresponding to the date the vehicle was
6     originally registered. Even model year vehicles shall be
7     inspected and comply in even calendar years, and odd model
8     year vehicles shall be inspected and comply in odd calendar
9     years.
10         (6) The Agency and the Secretary of State shall
11     endeavor to ensure a smooth transition from test scheduling
12     from the provisions of subsection (a) to subsection (b).
13     Passing tests and waivers issued prior to the
14     implementation of this subsection (b) may be utilized to
15     establish compliance for a period of one year from the date
16     of the emissions or waiver inspection.
17         (7) For a $20 fee, to be paid into the Vehicle
18     Inspection Fund, the Agency may inspect:
19             (A) A vehicle registered in and subject to the
20         emissions inspections requirements of another state.
21             (B) A vehicle presented for inspection on a
22         voluntary basis.
23         Any fees collected under this paragraph (7) shall not
24     offset Motor Fuel Tax Funds normally appropriated for the
25     program.
26         (8) The following vehicles are not subject to

 

 

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1     inspection:
2             (A) Vehicles not subject to registration under
3         Article IV of Chapter 3 of this Code, other than
4         vehicles owned by the federal government.
5             (B) Motorcycles, motor driven cycles, and
6         motorized pedalcycles.
7             (C) Farm vehicles and implements of husbandry.
8             (D) Implements of warfare owned by the State or
9         federal government.
10             (E) Antique vehicles, custom vehicles, street
11         rods, and vehicles of model year 1967 or before.
12             (F) Vehicles operated exclusively for parade or
13         ceremonial purposes by any veterans, fraternal, or
14         civic organization, organized on a not-for-profit
15         basis.
16             (G) Vehicles for which the Secretary of State,
17         under Section 3-117 of this Code, has issued a Junking
18         Certificate.
19             (H) Diesel powered vehicles and vehicles that are
20         powered exclusively by electricity.
21             (I) Vehicles operated exclusively in organized
22         amateur or professional sporting activities, as
23         defined in Section 3.310 of the Environmental
24         Protection Act.
25             (J) Vehicles registered in, subject to, and in
26         compliance with the emission inspection requirements

 

 

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1         of another state.
2             (K) Vehicles participating in an OBD continuous
3         monitoring program operated in accordance with
4         procedures adopted by the Agency.
5             (L) Vehicles of model year 1995 or earlier that do
6         not have an expired emissions test sticker or
7         certificate on February 1, 2007.
8         The Agency may issue temporary or permanent exemption
9     certificates for vehicles temporarily or permanently
10     exempt from inspection under this paragraph (8). An
11     exemption sticker or certificate does not need to be
12     displayed.
13         (9) According to criteria that the Agency may adopt, a
14     motor vehicle may be exempted from the inspection
15     requirements of this Section by the Agency on the basis of
16     an Agency determination that the vehicle is located and
17     primarily used outside of the affected counties or in other
18     jurisdictions where vehicle emissions inspections are not
19     required. The Agency may issue an annual exemption
20     certificate without inspection for any vehicle exempted
21     from inspection under this paragraph (9).
22         (10) Any owner or lessee of a fleet of 15 or more motor
23     vehicles that are subject to inspection under this Section
24     may apply to the Agency for a permit to establish and
25     operate a private official inspection station in
26     accordance with rules adopted by the Agency.

 

 

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1         (11) Pursuant to Title 40, Section 51.371 of the Code
2     of Federal Regulations, the Agency may establish a program
3     of on-road testing of in-use vehicles through the use of
4     remote sensing devices. In any such program, the Agency
5     shall evaluate the emission performance of 0.5% of the
6     subject fleet or 20,000 vehicles, whichever is less. Under
7     no circumstances shall on-road testing include any sort of
8     roadblock or roadside pullover or cause any type of traffic
9     delay. If, during the course of an on-road inspection, a
10     vehicle is found to exceed the on-road emissions standards
11     established for the model year and type of vehicle, the
12     Agency shall send a notice to the vehicle owner. The notice
13     shall document the occurrence and the results of the
14     on-road exceedance. The notice of a second on-road
15     exceedance shall indicate that the vehicle has been
16     reassigned and is subject to an out-of-cycle follow-up
17     inspection at an official inspection station. In no case
18     shall the Agency send a notice of an on-road exceedance to
19     the owner of a vehicle that was found to exceed the on-road
20     emissions standards established for the model year and type
21     of vehicle, if the vehicle is registered outside of the
22     affected counties.
23 (Source: P.A. 94-526, eff. 1-1-06; 94-848, eff. 6-9-06.)
 
24     (625 ILCS 5/13C-55)
25     Sec. 13C-55. Enforcement.

 

 

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1     (a) Computer-Matched Enforcement.
2         (1) The provisions of this subsection (a) are operative
3     until the implementation of the registration denial
4     enforcement mechanism required by subsection (b). The
5     Agency shall cooperate in the enforcement of this Chapter
6     by (i) identifying probable violations through computer
7     matching of vehicle registration records and inspection
8     records; (ii) sending one notice to each suspected violator
9     identified through such matching, stating that
10     registration and inspection records indicate that the
11     vehicle owner has not complied with this Chapter; (iii)
12     directing the vehicle owner to notify the Agency or the
13     Secretary of State if he or she has ceased to own the
14     vehicle or has changed residence; and (iv) advising the
15     vehicle owner of the consequences of violating this
16     Chapter.
17         The Agency shall cooperate with the Secretary of State
18     in the administration of this Chapter and the related
19     provisions of Chapter 3, and shall provide the Secretary of
20     State with such information as the Secretary of State may
21     deem necessary for these purposes, including regular and
22     timely access to vehicle inspection records.
23         The Secretary of State shall cooperate with the Agency
24     in the administration of this Chapter and shall provide the
25     Agency with such information as the Agency may deem
26     necessary for the purposes of this Chapter, including

 

 

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1     regular and timely access to vehicle registration records.
2     Section 2-123 of this Code does not apply to the provision
3     of this information.
4         (2) The Secretary of State shall suspend either the
5     driving privileges or the vehicle registration, or both, of
6     any vehicle owner who has not complied with this Chapter,
7     if (i) the vehicle owner has failed to satisfactorily
8     respond to the one notice sent by the Agency under
9     paragraph (a)(1), and (ii) the Secretary of State has
10     mailed the vehicle owner a notice that the suspension will
11     be imposed if the owner does not comply within a stated
12     period, and the Secretary of State has not received
13     satisfactory evidence of compliance within that period.
14     The Secretary of State shall send this notice only after
15     receiving a statement from the Agency that the vehicle
16     owner has failed to comply with this Section. Notice shall
17     be effective as specified in subsection (c) of Section
18     6-211 of this Code.
19         A suspension under this paragraph (a)(2) shall not be
20     terminated until satisfactory proof of compliance has been
21     submitted to the Secretary of State. No driver's license or
22     permit, or renewal of a license or permit, may be issued to
23     a person whose driving privileges have been suspended under
24     this Section until the suspension has been terminated. No
25     vehicle registration or registration plate that has been
26     suspended under this Section may be reinstated or renewed,

 

 

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1     or transferred by the owner to any other vehicle, until the
2     suspension has been terminated.
3     (b) Registration Denial Enforcement.
4         (1) No later than January 1, 2008, and consistent with
5     Title 40, Part 51, Section 51.361 of the Code of Federal
6     Regulations, the Agency and the Secretary of State shall
7     design, implement, maintain, and operate a registration
8     denial enforcement mechanism to ensure compliance with the
9     provisions of this Chapter, and cooperate with other State
10     and local governmental entities to effectuate its
11     provisions. Specifically, this enforcement mechanism shall
12     contain, at a minimum, the following elements:
13             (A) An external, readily visible means of
14         determining vehicle compliance with the registration
15         requirement to facilitate enforcement of the program;
16             (B) A biennial schedule of testing that clearly
17         determines when a vehicle shall comply prior to
18         registration;
19             (C) A testing certification mechanism (either
20         paper-based or electronic) that shall be used for
21         registration purposes and clearly states whether the
22         certification is valid for purposes of registration,
23         including:
24                 (i) Expiration date of the certificate;
25                 (ii) Unambiguous vehicle identification
26             information; and

 

 

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1                 (iii) Whether the vehicle passed or received a
2             waiver;
3             (D) A commitment to routinely issue citations to
4         motorists with expired or missing license plates, with
5         either no registration or an expired registration, and
6         with no license plate decals or expired decals, and
7         provide for enforcement officials other than police to
8         issue citations (e.g., parking meter attendants) to
9         parked vehicles in noncompliance;
10             (E) A commitment to structure the penalty system to
11         deter noncompliance with the registration requirement
12         through the use of mandatory minimum fines (meaning
13         civil, monetary penalties) constituting a meaningful
14         deterrent and through a requirement that compliance be
15         demonstrated before a case can be closed;
16             (F) Ensurance that evidence of testing is
17         available and checked for validity at the time of a new
18         registration of a used vehicle or registration
19         renewal;
20             (G) Prevention of owners or lessors from avoiding
21         testing through manipulation of the title or
22         registration system; title transfers may re-start the
23         clock on the inspection cycle only if proof of current
24         compliance is required at title transfer;
25             (H) Prevention of the fraudulent initial
26         classification or reclassification of a vehicle from

 

 

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1         subject to non-subject or exempt by requiring proof of
2         address changes prior to registration record
3         modification, and documentation from the testing
4         program (or delegate) certifying based on a physical
5         inspection that the vehicle is exempt;
6             (I) Limiting and tracking of the use of time
7         extensions of the registration requirement to prevent
8         repeated extensions;
9             (J) Providing for meaningful penalties for cases
10         of registration fraud;
11             (K) Limiting and tracking exemptions to prevent
12         abuse of the exemption policy for vehicles claimed to
13         be out-of-state; and
14             (L) Encouraging enforcement of vehicle
15         registration transfer requirements when vehicle owners
16         move into the affected counties by coordinating with
17         local and State enforcement agencies and structuring
18         other activities (e.g., driver's license issuance) to
19         effect registration transfers.
20         (2) The Agency shall cooperate in the enforcement of
21     this Chapter by providing the owner or owners of complying
22     vehicles with a Compliance Certificate stating that the
23     vehicle meets all applicable requirements of this Chapter.
24         The Agency shall cooperate with the Secretary of State
25     in the administration of this Chapter and the related
26     provisions of Chapter 3, and shall provide the Secretary of

 

 

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1     State with such information as the Secretary of State may
2     deem necessary for these purposes, including regular and
3     timely access to vehicle inspection records.
4         The Secretary of State shall cooperate with the Agency
5     in the administration of this Chapter and shall provide the
6     Agency with such information as the Agency may deem
7     necessary for the purposes of this Chapter, including
8     regular and timely access to vehicle registration records.
9     Section 2-123 of this Code does not apply to the provision
10     of this information.
11         (3) Consistent with the requirements of Section
12     13C-15, the Secretary of State shall not renew any vehicle
13     registration for a subject vehicle that has not complied
14     with this Chapter. Additionally, the Secretary of State
15     shall not allow the issuance of a new registration nor
16     allow the transfer of a registration to a subject vehicle
17     that has not complied with this Chapter.
18         (4) The Secretary of State shall suspend the
19     registration of any vehicle which has permanent vehicle
20     registration plates that has not complied with the
21     requirements of this Chapter. A suspension under this
22     paragraph (4) shall not be terminated until satisfactory
23     proof of compliance has been submitted to the Secretary of
24     State. No permanent vehicle registration plate that has
25     been suspended under this Section may be reinstated or
26     renewed, or transferred by the owner to any other vehicle,

 

 

HB4939 - 19 - LRB095 15161 LCT 44761 b

1     until the suspension has been terminated.
2         (5) The Secretary of State may allow the issuance of a
3     new vehicle registration for any vehicle or allow the
4     transfer of an existing vehicle registration to a subject
5     vehicle. If, however, the Agency determines that a vehicle
6     was not in compliance with this Chapter at the time of the
7     issuance or renewal of the registration of that vehicle,
8     the Agency shall notify the Secretary of the noncompliance,
9     and the Secretary shall suspend the registration of the
10     vehicle within 60 days of receiving that notification.
11         (6) The Secretary of State may not allow any vehicle
12     registration plate that has been suspended under this
13     Section to be reinstated or renewed, or to be transferred
14     by the owner to any other vehicle, until the suspension has
15     been terminated.
16 (Source: P.A. 94-526, eff. 1-1-06; 94-848, eff. 6-9-06.)
 
17     Section 99. Effective date. This Act takes effect upon
18 becoming law.