Full Text of SB3048 95th General Assembly
SB3048 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB3048
Introduced 7/10/2008___________, by SYNOPSIS AS INTRODUCED: |
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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
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SB3048 |
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LRB095 21672 RLJ 51875 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 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 , 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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| 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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| (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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| 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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| 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.
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| (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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| 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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| 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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LRB095 21672 RLJ 51875 b |
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| (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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SB3048 |
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LRB095 21672 RLJ 51875 b |
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| 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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SB3048 |
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LRB095 21672 RLJ 51875 b |
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| 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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LRB095 21672 RLJ 51875 b |
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| 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.)
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| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
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