95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0190


 
Introduced 1/19/2007, by Rep. Mary E. Flowers
 
SYNOPSIS AS INTRODUCED:
 		













625 ILCS 5/13C-15










    Amends the Vehicle Emissions Inspection Law of 2005 in the Illinois Vehicle Code. Provides that vehicles owned by persons 65 years of age or older are exempt from emissions inspection if each owner is or will be 65 years of age or older on the scheduled date of the next inspection and the vehicle is being driven 5,000 miles or less annually. Provides that the exemption applies only if the exemption is not otherwise prohibited by federal law. Provides that,  to qualify for the exemption, each owner of the vehicle must certify the vehicle's odometer reading at the time of certification,  that each owner is or will be 65 years of age or older on the scheduled date of the next mandatory inspection, and  that the vehicle is being driven 5,000 miles or less annually. Provides that the Illinois Environmental Protection Agency shall adopt rules for implementing the new provisions.
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB0190

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    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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    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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    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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    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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        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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    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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    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) or subsection (c), is subject to inspection under 
15
    the program.
16
        The owner of a vehicle subject to inspection shall have 
17
    the vehicle inspected and obtain proof of compliance from 
18
    the Agency in order to obtain or renew a vehicle 
19
    registration for a subject vehicle.
20
        The Secretary of State shall notify the owner of a 
21
    vehicle subject to inspection of the requirement to have 
22
    the vehicle tested at least 30 days prior to the beginning 
23
    of the month in which the vehicle's registration is due to 
24
    expire.  Notwithstanding the preceding, vehicles with 
25
    permanent registration plates shall be notified at least 30 
26
    days prior to the month corresponding to the date the 
 


 






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


 






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


 






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


 






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


 






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    of  on-road testing of in-use vehicles through the use of 
2
    remote sensing devices. In any such program, the Agency 
3
    shall evaluate the emission performance of 0.5% of the 
4
    subject fleet or 20,000 vehicles, whichever is less. Under 
5
    no circumstances shall on-road testing include any sort of 
6
    roadblock or roadside pullover or cause any type of traffic 
7
    delay. If, during the course of an on-road inspection, a 
8
    vehicle is found to exceed the on-road emissions standards 
9
    established for the model year and type of vehicle, the 
10
    Agency shall send a notice to the vehicle owner. The notice 
11
    shall document the occurrence and the results of the 
12
    on-road exceedance. The notice of a second on-road 
13
    exceedance shall indicate that the vehicle has been 
14
    reassigned and is subject to an out-of-cycle follow-up 
15
    inspection at an official inspection station. In no case 
16
    shall the Agency send a notice of an on-road exceedance to 
17
    the owner of a vehicle that was found to exceed the on-road 
18
    emissions standards established for the model year and type 
19
    of vehicle, if the vehicle is registered outside of the 
20
    affected counties.
21
    (c) A vehicle owned by a person who, on the scheduled date 
22
of the next inspection, will be 65 years of age or older is 
23
exempt from the inspection if:
24
        (1) the exemption is not otherwise prohibited by 
25
    federal law;
26
        (2) all owners  of the vehicle will be 65 years of age 
 


 






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    or older on the scheduled date of the next inspection; and
2
        (3) the vehicle is being driven 5,000 miles or less 
3
    annually.
4
    To qualify for an exemption under this subsection (c), each 
5
owner of the vehicle must certify, on a form provided by the 
6
Agency, the vehicle's odometer reading at the time of 
7
certification, that all owners  of the vehicle will be 65 years 
8
of age or older on the scheduled date of the next inspection, 
9
and that the vehicle is being driven 5,000 miles or less 
10
annually.
11
    The Agency shall adopt rules for implementing this 
12
subsection (c).

13
(Source: P.A. 94-526, eff. 1-1-06; 94-848, eff. 6-9-06.)