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.


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A BILL FOR

 

SB1680 LRB096 10734 AJT 20919 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 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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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, 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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1     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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1             (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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1         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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1     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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1     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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1     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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1         (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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1     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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1     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.