91st General Assembly
Status of HB2031
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MADIGAN,MJ-GRANBERG-NOVAK-GASH-FEIGENHOLTZ, GARRETT, 
   LYONS,EILEEN, ERWIN, MCKEON, FRITCHEY AND STROGER.

(RADOGNO-MAHAR-MADIGAN,L-LIGHTFORD-SHAW)

   625 ILCS 5/13B-15                                                           
   625 ILCS 5/13B-20                                                           
   625 ILCS 5/13B-25                                                           
   625 ILCS 5/13B-40                                                           
   625 ILCS 5/13B-50                                                           
   625 ILCS 5/13B-60                                                           

        Amends the Illinois  Vehicle  Code.   Provides  that all diesel--      
   powered vehicles weighing 8,000 pounds or more shall be subject to the      
   State's  vehicle emission inspection program (currently, only vehicles      
   owned by residents of an affected county are subject to the  program).      
   Provides  for  the  emission  inspection  procedures  and standards of      
   diesel-powered vehicles weighing 8,000 pounds or more.   Provides  for      
   random inspections of diesel-powered vehicles weighing 8,000 pounds or      
   more  at  weigh  stations,  roadside,  or  other  reasonable locations      
   throughout the State.  Provides  that  a  violation  of  the  emission      
   standards for diesel-powered vehicles weighing 8,000 or more pounds is      
   a  petty  offense  punishable  by a fine of not less than $400, except      
   that a third violation within one year of the  first  violation  is  a      
   Class  C  misdemeanor. Provides that State agencies concerned with the      
   administration and enforcement of the emission  inspections  of  these      
   vehicles  be  reimbursed  for  the  expenses  of  the program from the      
   General Revenue Fund.                                                       
          FISCAL NOTE (Environmental Protection Agency)                        
          Total first year fiscal impact would be $20 million; following       
          annual totals would be $10 million.                                  
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          625 ILCS 5/13B-15                                                    
          625 ILCS 5/13B-20                                                    
          625 ILCS 5/13B-25                                                    
          625 ILCS 5/13B-40                                                    
          625 ILCS 5/13B-50                                                    
          625 ILCS 5/13B-60                                                    
          Adds reference to:                                                   
          625 ILCS 5/13-100.1 new                                              
          625 ILCS 5/13-101               from Ch. 95 1/2, par. 13-101         
          625 ILCS 5/13-101.2 new                                              
          625 ILCS 5/13-102.1 new                                              
          625 ILCS 5/13-109               from Ch. 95 1/2, par. 13-109         
          625 ILCS 5/13-114               from Ch. 95 1/2, par. 13-114         
          625 ILCS 5/13-116.1 new                                              
        Deletes everything. Further amends the Illinois Vehicle Code to        
   provide that residents and units of local governments of certain            
   counties and townships are subject to emission inspection once a year       
   by the Department of Transportation for diesel-powered vehicles re-         
   gistered for a gross weight of more than 8,000 pounds when the vehicle      
   submitted for its safety test.  Authorizes  the  Department  of  State      
   Police  to  conduct random emission  inspections Statewide of diesel--      
   powered vehicles registered for a gross  weight  of  more  than  8,000      
   pounds.    Provides  that  a  vehicle  owner  who  fails  an  emission      
   inspection  for a diesel-powered vehicle shall have 30 days to correct      
   the problem; after 30  days  the  vehicle  is  placed  out-of-service.      
   Requires  the Department of Transportation and the Department of State      
   Police to conduct annual  studies  on  their  diesel-powered  vehicle       
   emission inspection practices and report their findings to the General      
   Assembly.   Provides that only moneys from the General Revenue Fund be      
   used for the diesel emission inspection.  Effective January 1, 2000.        
          FISCAL NOTE, H-AM 1 (Environmental Protection Agency)                
          EPA estimates no additional costs from HA #1.                        
          STATE MANDATES NOTE (Dept. of Commerce and Community Affairs)        
          Does not create a State mandate.                                     
          FISCAL NOTE, H-AM 1 (Department of Transportation)                   
          Total projected implementation cost is $1,797,000.                   
          HOME RULE NOTE, H-AM 1                                               
          (Department of Commerce and Community Affairs)                       
          HB 2031 (H-am 1) does not pre-empt home rule authority.              
          STATE MANDATES NOTE, H-AM 1                                          
          (Department of Commerce and Community Affairs)                       
          HB 2031 does not create a State mandate.                             
          HOME RULE NOTE, H-AM 2, 3                                            
          (Department of Commerce and Community Affairs)                       
          HB 2031 (H-ams 2 and 3) pre-empts home rule authority.               
          STATE MANDATES NOTE, H-AM 2, 3                                       
          (Department of Commerce and Community Affairs)                       
          HB 2031 (H-ams 2 and 3) does not create a mandate.                   
          FISCAL NOTE, H-AM 3 (Department of Transportation)                   
          Same as previous DOT fiscal note.                                    
        HOUSE AMENDMENT NO. 2.                                                 
          Adds reference to:                                                   
          30 ILCS 105/5.490 new                                                
          625 ILCS 5/13-101.3 new                                              
          625 ILCS 5/13-103               from Ch. 95 1/2, par. 13-103         
          625 ILCS 5/13-114               from Ch. 95 1/2, par. 13-114         
        Deletes everything.   Replaces  the  substance  of  H-am  No.  1.      
   Amends  the  Illinois Vehicle Code to provide that residents and units      
   of local government of certain counties and townships are subject  to       
   emission  inspection  once  a year by the Department of Transportation      
   for diesel-powered vehicles registered for a gross weight of more than      
   8,000 pounds when the  vehicle  is  submitted  for  its  safety  test.      
   Authorizes  the  Department  of  State  Police to conduct nonscheduled      
   emission inspections Statewide of diesel-powered  vehicles  registered      
   for  a  gross  weight  of  more  than  8,000  pounds.   Authorizes the      
   Department of State Police to promulgate rules for  the  training  and      
   certification   of   persons   who   conduct   nonscheduled   emission      
   inspections.  Provides  that  a  vehicle  owner  who fails an emission      
   inspection for a diesel-powered vehicle  shall  be  issued  a  warning      
   notice;  after  30  days if the vehicle fails a retest, the vehicle is      
   placed out-of-service. Provides that violations of the diesel emission      
   standards is a  business  offense  and  the  operator  is  subject  to      
   specified fines, to be deposited in the Diesel Emissions Testing Fund.      
   Requires  the Department of Transportation and the Department of State      
   Police to conduct annual  studies  on  their  diesel-powered  vehicle       
   emission inspection practices and report their findings to the General      
   Assembly.   Provides that only moneys from the General Revenue Fund or      
   the Diesel Emissions Testing Fund may be used for the diesel  emission      
   inspection.   Amends  the  State  Finance  Act  to  create  the Diesel      
   Emissions Testing Fund.                                                     
        HOUSE AMENDMENT NO. 3.                                                 
          Adds reference to:                                                   
          30 ILCS 805/8.23 new                                                 
          625 ILCS 5/13-117 new                                                
        Amends the State Mandates Act to provide that no reimbursement by      
   the State is required for the implementation of any mandate created by      
   this amendatory Act of the 91st General Assembly.  Further amends  the      
   Illinois  Vehicle  Code  to preempt home rule by providing that diesel      
   emission inspections of a unit of local government within the affected      
   areas must meet or exceed the procedures  and  standards  set  by  the      
   State  and  that  a unit of local government within the affected areas      
   must comply with the  diesel  emission  inspections  required  by  the      
   State.                                                                      
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          625 ILCS 5/13-101                                                    
          625 ILCS 5/13-109                                                    
          Adds reference to:                                                   
          625 ILCS 5/13-109.1 new                                              
          625 ILCS 5/13-109.2 new                                              
          625 ILCS 5/13-109.3 new                                              
        Further amends  the  Illinois  Vehicle  Code  to  provide,  until      
   December  31,  2002,  a lower smoke opacity standard for vehicles that      
   are model years 1973 or older.   Provides  that  the  diesel  emission      
   inspections  shall not be performed on vehicles that are not more than      
   2 years old or that are of a gross weight of  16,000  pounds  or  less      
   (rather  than  8,000  pounds  or less).  Provides for a 6-month period      
   after the effective date of this amendatory Act during which a  person      
   who  violates  the  diesel  emission  standards  shall  receive only a      
   warning citation.  Provides that an owner of a diesel-powered  vehicle      
   that  exceeds  the diesel emission standards who permits the operation      
   of that vehicle upon the highways of this State shall be guilty  of  a      
   petty  offense  and  fined  in the same manner as if he or she was the      
   operator  of  the  vehicle.    Provides  that  the   annual   emission      
   inspections  need  not be part of the safety tests.  Effective July 1,      
   2000.                                                                       
        SENATE AMENDMENT NO. 2.                                                
          Deletes reference to:                                                
          625 ILCS 5/13-101.2 new                                              
          625 ILCS 5/13-101.3 new                                              
          Adds reference to:                                                   
          625 ILCS 5/13-106               from Ch. 95 1/2, par. 13-106         
        Deletes everything.  Reinserts the  bill  as  amended  by  Senate      
   Amendment  No.  1, with certain exceptions.  Removes all provisions of      
   the nonscheduled diesel emission inspections, including the  authority      
   granted  to the Department of State Police to oversee the nonscheduled      
   emission inspections.   Removes  the  provisions  making  it  a  petty      
   offense  for  an  owner  of  a  diesel-powered  vehicle to permit the       
   operation of that vehicle if that  vehicle  is  in  violation  of  the      
   diesel  emission  standards. Provides that no emergency vehicle may be      
   placed  out-of-service  for  a  violation  of  the   diesel   omission      
   standards.   Requires every operator of an official testing station to      
   file a schedule of his or her rates and charges  for  diesel  emission      
   tests.   Preempts   home   rule  by  providing  that  diesel  emission      
   inspections of a unit of local government within  the  affected  areas      
   must meet or exceed the standards set by the State.                         
   99-02-19  H  FILED WITH CLERK                                               
   99-02-19  H  FIRST READING                                                  
   99-02-19  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   99-02-19  H       ASSIGNED TO COMMITTEE               ENVRMNT ENRGY         
   99-02-23  H  ADDED AS A JOINT SPONSOR                 GRANBERG              
   99-02-24  H  JOINT-SPONSOR CHANGED TO                 NOVAK                 
   99-03-01  H                         FISCAL NOTE FILED                       
   99-03-01  H                   COMMITTEE               ENVRMNT ENRGY         
   99-03-03  H  ADDED AS A CO-SPONSOR                    GARRETT               
   99-03-04  H                             AMENDMENT NO. 01-ENVRMNT ENRGY H    
   99-03-04  H                                   ADOPTED                       
   99-03-04  H  DO PASS AMENDED/SHORT DEBATE             015-001-001   HENE    
   99-03-04  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   99-03-04  H  JOINT-SPONSOR CHANGED TO                 GASH                  
   99-03-04  H  JOINT-SPONSOR CHANGED TO                 FEIGENHOLTZ           
   99-03-09  H  FISCAL NOTE REQUESTED AS AMENDED         BLACK                 
   99-03-09  H  STATE MNDT FISCAL NOTE RQSTD AS AMENDED  BLACK                 
   99-03-09  H  HOME RULE NOTE REQUESTED AS AMENDED      BLACK                 
   99-03-09  H  FISCAL NOTE FILED AS AMENDED             BY HOUSE AMEND #1     
   99-03-09  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   99-03-10  H  ADDED AS A CO-SPONSOR                    MCCARTHY              
   99-03-11  H  STATE MANDATES FISCAL NOTE FILED                               
   99-03-11  H  FISCAL NOTE FILED AS AMENDED             BY HOUSE AMEND #1     
   99-03-11  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   99-03-12  H  ADDED AS A CO-SPONSOR                    LYONS,EILEEN          
   99-03-12  H  HOME RULE NOTE FILED AS AMENDED          BY HOUSE AMEND #1     
   99-03-12  H  STATE MNDT FISCAL NOTE FILED AS AMENDED  BY HOUSE AMEND #1     
   99-03-12  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   99-03-15  H                             AMENDMENT NO. 02-MADIGAN,MJ         
   99-03-15  H                     AMENDMENT REFERRED TO HRUL                  
   99-03-15  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   99-03-16  H                             AMENDMENT NO. 02-MADIGAN,MJ         
   99-03-16  H                           RULES REFERS TO HENE                  
   99-03-16  H  SECOND READING-SHORT DEBATE                                    
   99-03-16  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   99-03-17  H                             AMENDMENT NO. 02-MADIGAN,MJ         
   99-03-17  H  RECOMMENDS BE ADOPTED                    HENE/014-001-000      
   99-03-17  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   99-03-18  H                             AMENDMENT NO. 03-MADIGAN,MJ         
   99-03-18  H                     AMENDMENT REFERRED TO HRUL                  
   99-03-18  H  RECOMMENDS BE ADOPTED                    HRUL/003-002-000      
   99-03-18  H  HOME RULE NOTE FILED AS AMENDED          BY HA #2 & 3          
   99-03-18  H  STATE MNDT FISCAL NOTE FILED AS AMENDED  BY HA #2 & 3          
   99-03-18  H  FISCAL NOTE FILED AS AMENDED             BY HOUSE AMEND #3     
   99-03-18  H  ADDED AS A CO-SPONSOR                    ERWIN                 
   99-03-18  H  ADDED AS A CO-SPONSOR                    MCKEON                
   99-03-18  H                             AMENDMENT NO. 02-MADIGAN,MJ         
   99-03-18  H                                   ADOPTED                       
   99-03-18  H                             AMENDMENT NO. 03-MADIGAN,MJ         
   99-03-18  H                                   ADOPTED                       
   99-03-18  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   99-03-18  H  ADDED AS A CO-SPONSOR                    FRITCHEY              
   99-03-18  H  ADDED AS A CO-SPONSOR                    STROGER               
   99-03-19  H  THIRD READING/SHORT DEBATE/PASSED        078-034-006           
   99-03-22  S  ARRIVE IN SENATE                                               
   99-03-22  S  PLACED CALENDAR ORDER OF FIRST READING   99-03-23              
   99-03-22  S  CHIEF SPONSOR                            RADOGNO               
   99-03-22  S  FIRST READING                                                  
   99-03-22  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   99-04-12  S  ADDED AS A CHIEF CO-SPONSOR              MAHAR                 
   99-04-14  S       ASSIGNED TO COMMITTEE               ENVIR & ENE           
   99-04-20  S  ADDED AS A CHIEF CO-SPONSOR              MADIGAN,L             
   99-04-21  S                                 POSTPONED                       
   99-04-26  S  ADDED AS A CHIEF CO-SPONSOR              LIGHTFORD             
   99-04-28  S                                 POSTPONED                       
   99-05-04  S  ADDED AS A CHIEF CO-SPONSOR              SHAW                  
   99-05-05  S                             AMENDMENT NO. 01-ENVIR. & ENE. S    
   99-05-05  S                                   ADOPTED                       
   99-05-05  S       DO PASS AS AMENDED                  006-003-000   SENV    
   99-05-05  S  PLACED ON CALENDAR ORDER OF 2ND READING  99-05-06              
   99-05-12  S  FILED WITH SECRETARY                                           
   99-05-12  S                             AMENDMENT NO. 02-RADOGNO            
   99-05-12  S                     AMENDMENT REFERRED TO SRUL                  
   99-05-12  S                             AMENDMENT NO. 02-RADOGNO            
   99-05-12  S                           RULES REFERS TO SENV                  
   99-05-12  S                             AMENDMENT NO. 02-RADOGNO            
   99-05-12  S                                BE ADOPTED SENV/009-000-000      
   99-05-12  S  SECOND READING                                                 
   99-05-12  S                             AMENDMENT NO. 02-RADOGNO            
   99-05-12  S                                   ADOPTED                       
   99-05-12  S  PLACED ON CALENDAR ORDER OF 3RD READING  99-05-13              
   99-05-13  S  THIRD READING - PASSED                   037-016-003           
   99-05-13  H  ARRIVE IN HOUSE                                                
   99-05-13  H  PLACED ON CALENDAR ORDER OF CONCURRENCE  01,02                 
   99-05-18  H  MOTION FILED CONCUR                      01,02/MADIGAN,MJ      
   99-05-18  H                        MOTION REFERRED TO HRUL                  
   99-05-18  H  CALENDAR ORDER OF CONCURRENCE            01,02                 
   99-05-19  H             BE APPROVED FOR CONSIDERATION 01,02/HRUL            
   99-05-19  H  HSE CONCURS IN SEN AMENDMENTS (NO.)      01,02/083-032-002     
   99-05-19  H  PASSED BOTH HOUSES                                             
   99-05-27  H  SENT TO THE GOVERNOR                                           
   99-07-23  H  GOVERNOR APPROVED                                              
   99-07-23  H                            EFFECTIVE DATE 00-07-01              
   99-07-23  H  PUBLIC ACT.............................. 91-0254               

   END OF INQUIRY 



 Full Text  Bill Summary