Full Text of SB2126 94th General Assembly
SB2126 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2126
Introduced 10/19/2005, by Sen. Edward Petka SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Vehicle Code. Provides that vehicles more than 25 years old are exempt from emissions testing under the Vehicle Emissions Inspection Law of 1995. Effective immediately.
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A BILL FOR
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SB2126 |
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LRB094 13473 DRH 48333 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 13B-15 as follows:
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| (625 ILCS 5/13B-15)
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| Sec. 13B-15. Inspections.
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| (a) Beginning with the implementation of the program | 9 |
| required by this
Chapter, every motor vehicle that is owned by | 10 |
| a
resident of an affected county, other than a vehicle that is | 11 |
| exempt under
subsection (f) or (g), is subject to inspection | 12 |
| under the program.
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| The Agency shall send notice of the assigned inspection | 14 |
| month, at least 15
days before the beginning of the assigned | 15 |
| month, to the owner of each vehicle
subject to the program. For | 16 |
| a vehicle that was subject to inspection before the
effective | 17 |
| date of this amendatory Act of 1994 and for which an initial
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| inspection sticker or initial inspection certificate has | 19 |
| already been issued,
the month to be assigned by the Agency for | 20 |
| that vehicle shall not be earlier
than the current assigned | 21 |
| month, unless so requested by the owner. If the
assigned month | 22 |
| is later than the current assigned month, the Agency shall | 23 |
| issue
either a corrected inspection sticker or corrected | 24 |
| certificate for that
vehicle.
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| Initial emission inspection stickers or initial inspection | 26 |
| certificates, as
the case may be, expire on the last day of the | 27 |
| third month following the
month assigned by the Agency for the | 28 |
| first inspection of the vehicle. Renewal
inspection stickers or | 29 |
| certificates expire on the last day of the third
month | 30 |
| following the month assigned for inspection in the year in | 31 |
| which the
vehicle's next inspection is required.
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| The Agency or its agent may issue an interim emission |
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LRB094 13473 DRH 48333 b |
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| inspection sticker or
certificate for any vehicle subject to | 2 |
| inspection that does not have a
currently valid emission | 3 |
| inspection sticker or certificate at the time the
Agency is | 4 |
| notified by the Secretary of State of its registration by a new
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| owner, and for which an initial emission inspection sticker or | 6 |
| certificate has
already been issued. Interim emission | 7 |
| inspection stickers or certificates
expire no later than the | 8 |
| last day of the sixth complete calendar month after
the date | 9 |
| the Agency issued the interim emission inspection sticker or
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| certificate.
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| The owner of each vehicle subject to inspection shall | 12 |
| obtain an emission
inspection sticker or certificate for the | 13 |
| vehicle in accordance with this
subsection. Before the | 14 |
| expiration of the emission inspection sticker or
certificate, | 15 |
| the owner shall have the vehicle inspected and, upon | 16 |
| demonstration
of compliance, obtain a renewal emission | 17 |
| inspection sticker or certificate. A
renewal emission | 18 |
| inspection sticker or certificate shall not be issued more
than | 19 |
| 5 months before the expiration date of the previous inspection | 20 |
| sticker
or certificate.
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| (b) Except as provided in subsection (c), vehicles shall be | 22 |
| inspected
every 2 years on a schedule that begins either in the | 23 |
| second, fourth, or
later calendar year after the
vehicle model | 24 |
| year.
The beginning test schedule shall be set by the Agency | 25 |
| and shall be
consistent with the State's requirements for | 26 |
| emission reductions as determined
by the applicable United | 27 |
| States Environmental Protection Agency vehicle
emissions | 28 |
| estimation model and applicable guidance and rules.
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| (c) A vehicle may be inspected out of its 2-year inspection | 30 |
| schedule
when a new owner acquires the vehicle and it should | 31 |
| have been, but was not, in
compliance with this Act when the | 32 |
| vehicle was acquired by the new owner.
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| (d) The owner of a vehicle subject to inspection shall have | 34 |
| the vehicle
inspected and obtain and display on the vehicle or | 35 |
| carry within the vehicle, in
a manner specified by the Agency, | 36 |
| a valid unexpired emission inspection sticker
or certificate in |
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LRB094 13473 DRH 48333 b |
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| the manner specified by the Agency.
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| Any person who violates this subsection (d) is guilty of a | 3 |
| petty offense,
except that a third or subsequent violation | 4 |
| within one year of the first
violation is a Class C | 5 |
| misdemeanor. The fine imposed for a violation of this
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| subsection shall be not less than $50 if the violation occurred | 7 |
| within 60 days
following the date by which a new or renewal | 8 |
| emission inspection sticker or
certificate was required to be | 9 |
| obtained for the vehicle, and not less than $300
if the | 10 |
| violation occurred more than 60 days after that date.
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| (e) (1) For a $20 fee, to be paid into the Vehicle | 12 |
| Inspection Fund, the
Agency shall inspect:
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| (A) Vehicles operated on federal installations within | 14 |
| an affected county,
pursuant to Title 40, Section 51.356 of | 15 |
| the Code of Federal Regulations.
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| (B) Federally owned vehicles operated in affected | 17 |
| counties.
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| (2) For a fee of $20, to be paid into the Vehicle | 19 |
| Inspection Fund, the
Agency may inspect:
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| (A) Vehicles registered in and subject to emission | 21 |
| inspections
requirements of another state.
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| (B) Vehicles presented for inspection on a voluntary | 23 |
| basis.
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| Any fees collected under this subsection shall not offset | 25 |
| normally
appropriated Motor Fuel Tax Funds.
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| (f) The following vehicles are not subject to inspection:
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| (1) Vehicles not subject to registration under Article | 28 |
| IV of Chapter 3 of
this Code, other than vehicles owned by | 29 |
| the federal government.
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| (2) Motorcycles, motor driven cycles, and motorized | 31 |
| pedalcycles.
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| (3) Farm vehicles and implements of husbandry.
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| (4) Implements of warfare owned by the State or federal | 34 |
| government.
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| (5) Antique vehicles, custom vehicles, street rods, | 36 |
| and vehicles more than 25 years old
of
model year 1967 or |
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| before .
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| (6) Vehicles operated exclusively for parade or | 3 |
| ceremonial purposes by any
veterans, fraternal, or civic | 4 |
| organization, organized on a not-for-profit
basis.
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| (7) Vehicles for which a Junking Certificate has been | 6 |
| issued by the
Secretary of State under Section 3-117 of | 7 |
| this Code.
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| (8) Diesel powered vehicles, and vehicles that are | 9 |
| powered exclusively by
electricity.
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| (9) Vehicles operated exclusively in organized amateur | 11 |
| or professional
sporting activities, as defined in the | 12 |
| Environmental Protection Act.
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| (10) Vehicles registered in, subject to, and in | 14 |
| compliance with the
emission inspection requirements of | 15 |
| another state.
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| The Agency may issue temporary or permanent exemption | 17 |
| stickers or
certificates for vehicles temporarily or | 18 |
| permanently exempt from inspection
under this subsection (f). | 19 |
| An exemption sticker or certificate does not need to
be | 20 |
| displayed.
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| (g) According to criteria the Agency may adopt, a motor | 22 |
| vehicle may
be exempted from the inspection requirements of | 23 |
| this Section by the Agency on
the basis of an Agency | 24 |
| determination that the vehicle is located and
primarily used | 25 |
| outside of the affected counties or in other jurisdictions
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| where vehicle emission inspections are not required. The Agency | 27 |
| may issue an
annual exemption sticker or certificate without | 28 |
| inspection for any vehicle
exempted from inspection under this | 29 |
| subsection.
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| (h) Any owner or lessee of a fleet of 15 or more motor | 31 |
| vehicles which are
subject to inspection under this Section may | 32 |
| apply to the Agency for a permit
to establish and operate a | 33 |
| Private Official Inspection Station.
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| (i) Pursuant to Title 40, Section 51.371 of the Code of | 35 |
| Federal Regulations,
the Agency shall establish a program of | 36 |
| on-road testing of in-use vehicles
through the use of remote |
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| sensing devices. The Agency shall evaluate the
emission | 2 |
| performance of 0.5% of the subject fleet or 20,000 vehicles, | 3 |
| whichever
is less. Under no circumstances shall on-road testing | 4 |
| include any sort of
roadblock or roadside pullover or cause any | 5 |
| type of traffic delay.
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| If, during the course of on-road inspections, a vehicle is | 7 |
| found to exceed
the on-road emissions standards established for | 8 |
| the model year and type of
vehicle, the Agency shall send a | 9 |
| notice to the vehicle owner. The notice shall
document the | 10 |
| occurrence and results of on-road exceedances. The notice of a
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| second on-road exceedance shall indicate that the vehicle has | 12 |
| been reassigned
and is subject to an out-of-cycle follow-up | 13 |
| inspection at an official
inspection station. In no case shall | 14 |
| the Agency send a notice of an on-road
exceedance to the owner | 15 |
| of a vehicle that was found to exceed the on-road
emission | 16 |
| standards established for the model year and type of vehicle if | 17 |
| the
vehicle is registered outside of the affected counties.
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| (Source: P.A. 92-668, eff. 1-1-03.)
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| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.
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