Sen. Christopher Belt

Filed: 4/4/2025

 

 


 

 


 
10400SB0705sam001LRB104 07003 LNS 24918 a

1
AMENDMENT TO SENATE BILL 705

2    AMENDMENT NO. ______. Amend Senate Bill 705 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing 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
10    operative until the implementation of the registration
11    denial 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),
16    is subject to inspection under the program.

 

 

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1        The Agency shall send notice of the assigned
2    inspection month, at least 15 days before the beginning of
3    the assigned month, to the owner of each vehicle subject
4    to the program. An initial emission inspection sticker or
5    initial inspection certificate, as the case may be,
6    expires on the last day of the third month following the
7    month assigned by the Agency for the first inspection of
8    the vehicle. A renewal inspection sticker or certificate
9    expires on the last day of the third month following the
10    month assigned for inspection in the year in which the
11    vehicle's next inspection is required.
12        The Agency or its agent may issue an interim emission
13    inspection sticker or certificate for any vehicle subject
14    to inspection that does not have a currently valid
15    emission inspection sticker or certificate at the time the
16    Agency is notified by the Secretary of State of its
17    registration by a new owner, and for which an initial
18    emission inspection sticker or certificate has already
19    been issued. An interim emission inspection sticker or
20    certificate expires no later than the last day of the
21    sixth complete calendar month after the date the Agency
22    issued the interim emission inspection sticker or
23    certificate.
24        The owner of each vehicle subject to inspection shall
25    obtain an emission inspection sticker or certificate for
26    the vehicle in accordance with this paragraph (1). Before

 

 

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1    the expiration of the emission inspection sticker or
2    certificate, the owner shall have the vehicle inspected
3    and, upon demonstration of compliance, obtain a renewal
4    emission inspection sticker or certificate. A renewal
5    emission inspection sticker or certificate shall not be
6    issued more than 5 months before the expiration date of
7    the previous inspection sticker or certificate.
8        (2) Except as provided in paragraph (a)(3), vehicles
9    shall be inspected every 2 years on a schedule that begins
10    either in the second, fourth, or later calendar year after
11    the vehicle model year. The beginning test schedule shall
12    be set by the Agency and shall be consistent with the
13    State's requirements for emission reductions as determined
14    by the applicable United States Environmental Protection
15    Agency vehicle emissions estimation model and applicable
16    guidance and rules.
17        (3) A vehicle may be inspected at a time outside of its
18    normal 2-year inspection schedule, if (i) the vehicle was
19    acquired by a new owner and (ii) the vehicle was required
20    to be in compliance with this Act at the time the vehicle
21    was acquired by the new owner, but it was not then in
22    compliance.
23        (4) The owner of a vehicle subject to inspection shall
24    have the vehicle inspected and shall obtain and display on
25    the vehicle or carry within the vehicle, in a manner
26    specified by the Agency, a valid unexpired emission

 

 

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1    inspection sticker or certificate in the manner specified
2    by the Agency. A person who violates this paragraph (4) is
3    guilty of a petty offense, except that a third or
4    subsequent violation within one year of the first
5    violation is a Class C misdemeanor. The fine imposed for a
6    violation of this paragraph (4) shall be not less than $50
7    if the violation occurred within 60 days following the
8    date by which a new or renewal emission inspection sticker
9    or certificate was required to be obtained for the
10    vehicle, and not less than $300 if the violation occurred
11    more than 60 days after that date.
12        (5) For a $20 fee, to be paid into the Vehicle
13    Inspection Fund, the Agency may inspect:
14            (A) A vehicle registered in and subject to the
15        emission inspections requirements of another state.
16            (B) A vehicle presented for inspection on a
17        voluntary basis.
18        Any fees collected under this paragraph (5) shall not
19    offset Motor Fuel Tax Funds normally appropriated for the
20    program.
21        (6) The following vehicles are not subject to
22    inspection:
23            (A) Vehicles not subject to registration under
24        Article IV of Chapter 3 of this Code, other than
25        vehicles owned by the federal government.
26            (B) Motorcycles, motor driven cycles, and

 

 

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

 

 

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1            (L) Vehicles of model year 1995 or earlier that do
2        not have an expired emissions test sticker or
3        certificate on February 1, 2007.
4        The Agency may issue temporary or permanent exemption
5    stickers or certificates for vehicles temporarily or
6    permanently exempt from inspection under this paragraph
7    (6). An exemption sticker or certificate does not need to
8    be displayed.
9        (7) According to criteria that the Agency may adopt, a
10    motor vehicle may be exempted from the inspection
11    requirements of this Section by the Agency on the basis of
12    an Agency determination that the vehicle is located and
13    primarily used outside of the affected counties or in
14    other jurisdictions where vehicle emission inspections are
15    not required. The Agency may issue an annual exemption
16    sticker or certificate without inspection for any vehicle
17    exempted from inspection under this paragraph (7).
18        (8) Any owner or lessee of a fleet of 15 or more motor
19    vehicles that are subject to inspection under this Section
20    may apply to the Agency for a permit to establish and
21    operate a private official inspection station in
22    accordance with rules adopted by the Agency.
23        (9) Pursuant to Title 40, Section 51.371 of the Code
24    of Federal Regulations, the Agency may establish a program
25    of on-road testing of in-use vehicles through the use of
26    remote sensing devices. In any such program, the Agency

 

 

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1    shall evaluate the emission performance of 0.5% of the
2    subject fleet or 20,000 vehicles, whichever is less. Under
3    no circumstances shall on-road testing include any sort of
4    roadblock or roadside pullover or cause any type of
5    traffic delay. If, during the course of an on-road
6    inspection, a vehicle is found to exceed the on-road
7    emissions standards established for the model year and
8    type of vehicle, the Agency shall send a notice to the
9    vehicle owner. The notice shall document the occurrence
10    and the results of the on-road exceedance. The notice of a
11    second on-road exceedance shall indicate that the vehicle
12    has been reassigned and is subject to an out-of-cycle
13    follow-up inspection at an official inspection station. In
14    no case shall the Agency send a notice of an on-road
15    exceedance to the owner of a vehicle that was found to
16    exceed the on-road emission standards established for the
17    model year and type of vehicle, if the vehicle is
18    registered outside of the affected counties.
19    (b) Registration Denial Inspection and Notification.
20        (1) No later than January 1, 2008, every motor vehicle
21    that is owned by a resident of an affected county, other
22    than a vehicle that is exempt under paragraph (b)(8) or
23    (b)(9), is subject to inspection under the program.
24        Until the effective date of this amendatory Act of the
25    104th General Assembly, the The owner of a vehicle subject
26    to inspection shall have the vehicle inspected and obtain

 

 

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1    proof of compliance from the Agency in order to obtain or
2    renew a vehicle registration for a subject vehicle.
3    However, beginning on the effective date of this
4    amendatory Act of the 104th General Assembly, the owner of
5    a vehicle subject to inspection may renew a vehicle
6    registration first having the vehicle inspected if the
7    owner agrees to complete and provide proof of the
8    inspection within 6 months of the renewal of the vehicle
9    registration. If the owner fails to complete the
10    inspection or to provide proof of the inspection within
11    the 6-month period, the vehicle registration shall be
12    immediately revoked by the Secretary of State.
13        The Secretary of State shall notify the owner of a
14    vehicle subject to inspection of the requirement to have
15    the vehicle tested at least 30 days prior to the beginning
16    of the month in which the vehicle's registration is due to
17    expire. Notwithstanding the preceding, vehicles with
18    permanent registration plates shall be notified at least
19    30 days prior to the month corresponding to the date the
20    vehicle was originally registered. This notification shall
21    clearly state the vehicle's test status, based upon the
22    vehicle type, model year and registration address.
23        The owner of each vehicle subject to inspection shall
24    have the vehicle inspected and, upon demonstration of
25    compliance, obtain an emissions compliance certificate for
26    the vehicle.

 

 

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1        (2) Except as provided in paragraphs (b)(3), (b)(4),
2    and (b)(5), vehicles shall be inspected every 2 years on a
3    schedule that begins in the fourth calendar year after the
4    vehicle model year. Even model year vehicles shall be
5    inspected and comply in order to renew registrations
6    expiring in even calendar years and odd model year
7    vehicles shall be inspected and comply in order to renew
8    registrations expiring in odd calendar years.
9        (3) A vehicle shall be inspected and comply at a time
10    outside of its normal 2-year inspection schedule if (i)
11    the vehicle was acquired by a new owner and (ii) the
12    vehicle had not been issued a Compliance Certificate
13    within one year of the date of application for the title or
14    registration, or both, for the vehicle.
15        (4) Vehicles with 2-year registrations shall be
16    inspected every 2 years at the time of registration
17    issuance or renewal on a schedule that begins in the
18    fourth year after the vehicle model year.
19        (5) Vehicles with permanent vehicle registration
20    plates shall be inspected every 2 years on a schedule that
21    begins in the fourth calendar year after the vehicle model
22    year in the month corresponding to the date the vehicle
23    was originally registered. Even model year vehicles shall
24    be inspected and comply in even calendar years, and odd
25    model year vehicles shall be inspected and comply in odd
26    calendar years.

 

 

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1        (6) The Agency and the Secretary of State shall
2    endeavor to ensure a smooth transition from test
3    scheduling from the provisions of subsection (a) to
4    subsection (b). Passing tests and waivers issued prior to
5    the implementation of this subsection (b) may be utilized
6    to establish compliance for a period of one year from the
7    date of the emissions or waiver inspection.
8        (7) For a $20 fee, to be paid into the Vehicle
9    Inspection Fund, the Agency may inspect:
10            (A) A vehicle registered in and subject to the
11        emissions inspections requirements of another state.
12            (B) A vehicle presented for inspection on a
13        voluntary basis.
14        Any fees collected under this paragraph (7) shall not
15    offset Motor Fuel Tax Funds normally appropriated for the
16    program.
17        (8) The following vehicles are not subject to
18    inspection:
19            (A) Vehicles not subject to registration under
20        Article IV of Chapter 3 of this Code, other than
21        vehicles owned by the federal government.
22            (B) Motorcycles, motor driven cycles, and
23        motorized pedalcycles.
24            (C) Farm vehicles and implements of husbandry.
25            (D) Implements of warfare owned by the State or
26        federal government.

 

 

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1            (E) Antique vehicles, expanded-use antique
2        vehicles, custom vehicles, street rods, and vehicles
3        of model year 1967 or before.
4            (F) Vehicles operated exclusively for parade or
5        ceremonial purposes by any veterans, fraternal, or
6        civic organization, organized on a not-for-profit
7        basis.
8            (G) Vehicles for which the Secretary of State,
9        under Section 3-117 of this Code, has issued a Junking
10        Certificate.
11            (H) Diesel powered vehicles and vehicles that are
12        powered exclusively by electricity.
13            (I) Vehicles operated exclusively in organized
14        amateur or professional sporting activities, as
15        defined in Section 3.310 of the Environmental
16        Protection Act.
17            (J) Vehicles registered in, subject to, and in
18        compliance with the emission inspection requirements
19        of another state.
20            (K) Vehicles participating in an OBD continuous
21        monitoring program operated in accordance with
22        procedures adopted by the Agency.
23            (L) Vehicles of model year 1995 or earlier that do
24        not have an expired emissions test sticker or
25        certificate on February 1, 2007.
26            (M) Vehicles of model year 2006 or earlier with a

 

 

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1        manufacturer gross vehicle weight rating between 8,501
2        and 14,000 pounds.
3            (N) Vehicles with a manufacturer gross vehicle
4        weight rating greater than 14,000 pounds.
5        The Agency may issue temporary or permanent exemption
6    certificates for vehicles temporarily or permanently
7    exempt from inspection under this paragraph (8). An
8    exemption sticker or certificate does not need to be
9    displayed.
10        (9) According to criteria that the Agency may adopt, a
11    motor vehicle may be exempted from the inspection
12    requirements of this Section by the Agency on the basis of
13    an Agency determination that the vehicle is located and
14    primarily used outside of the affected counties and in
15    other jurisdictions where vehicle emissions inspections
16    are not required. The Agency may issue an annual exemption
17    certificate without inspection for any vehicle exempted
18    from inspection under this paragraph (9).
19        (10) Any owner or lessee of a fleet of 15 or more motor
20    vehicles that are subject to inspection under this Section
21    may apply to the Agency for a permit to establish and
22    operate a private official inspection station in
23    accordance with rules adopted by the Agency.
24        (11) Pursuant to Title 40, Section 51.371 of the Code
25    of Federal Regulations, the Agency may establish a program
26    of on-road testing of in-use vehicles through the use of

 

 

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1    remote sensing devices. In any such program, the Agency
2    shall evaluate the emission performance of 0.5% of the
3    subject fleet or 20,000 vehicles, whichever is less. Under
4    no circumstances shall on-road testing include any sort of
5    roadblock or roadside pullover or cause any type of
6    traffic delay. If, during the course of an on-road
7    inspection, a vehicle is found to exceed the on-road
8    emissions standards established for the model year and
9    type of vehicle, the Agency shall send a notice to the
10    vehicle owner. The notice shall document the occurrence
11    and the results of the on-road exceedance. The notice of a
12    second on-road exceedance shall indicate that the vehicle
13    has been reassigned and is subject to an out-of-cycle
14    follow-up inspection at an official inspection station. In
15    no case shall the Agency send a notice of an on-road
16    exceedance to the owner of a vehicle that was found to
17    exceed the on-road emissions standards established for the
18    model year and type of vehicle, if the vehicle is
19    registered outside of the affected counties.
20(Source: P.A. 97-106, eff. 2-1-12; 97-412, eff. 1-1-12;
2197-813, eff. 7-13-12.)".