97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1216

 

Introduced 2/8/2011, 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

 

SB1216LRB097 06260 HEP 46336 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 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
9becoming law.