Bill Text: IL SB1216 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB1216 Detail]

Download: Illinois-2011-SB1216-Introduced.html

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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
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Section 13C-15 as follows:
(625 ILCS 5/13C-15)
Sec. 13C-15. Inspections.
(a) Computer-Matched Inspections and Notification.
(1) The provisions of this subsection (a) are operative
until the implementation of the registration denial
inspection and notification mechanisms required by
subsection (b). Beginning with the implementation of the
program required by this Chapter, every motor vehicle that
is owned by a resident of an affected county, other than a
vehicle that is exempt under paragraph (a)(6) or (a)(7), is
subject to inspection under the program.
The Agency shall send notice of the assigned inspection
month, at least 15 days before the beginning of the
assigned month, to the owner of each vehicle subject to the
program. An initial emission inspection sticker or initial
inspection certificate, as the case may be, expires on the
last day of the third month following the month assigned by
the Agency for the first inspection of the vehicle. A

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renewal inspection sticker or certificate expires on the
last day of the third month following the month assigned
for inspection in the year in which the vehicle's next
inspection is required.
The Agency or its agent may issue an interim emission
inspection sticker or certificate for any vehicle subject
to inspection that does not have a currently valid emission
inspection sticker or certificate at the time the Agency is
notified by the Secretary of State of its registration by a
new owner, and for which an initial emission inspection
sticker or certificate has already been issued. An interim
emission inspection sticker or certificate expires no
later than the last day of the sixth complete calendar
month after the date the Agency issued the interim emission
inspection sticker or certificate.
The owner of each vehicle subject to inspection shall
obtain an emission inspection sticker or certificate for
the vehicle in accordance with this paragraph (1). Before
the expiration of the emission inspection sticker or
certificate, the owner shall have the vehicle inspected
and, upon demonstration of compliance, obtain a renewal
emission inspection sticker or certificate. A renewal
emission inspection sticker or certificate shall not be
issued more than 5 months before the expiration date of the
previous inspection sticker or certificate.
(2) Except as provided in paragraph (a)(3), vehicles

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shall be inspected every 2 years on a schedule that begins
either in the second, fourth, or later calendar year after
the vehicle model year. The beginning test schedule shall
be set by the Agency and shall be consistent with the
State's requirements for emission reductions as determined
by the applicable United States Environmental Protection
Agency vehicle emissions estimation model and applicable
guidance and rules.
(3) A vehicle may be inspected at a time outside of its
normal 2-year inspection schedule, if (i) the vehicle was
acquired by a new owner and (ii) the vehicle was required
to be in compliance with this Act at the time the vehicle
was acquired by the new owner, but it was not then in
compliance, or (ii) the owner expects to be out of the
State during the vehicle's normal scheduled inspection.
The owner shall file a sworn affidavit containing a
statement that he or she expects to be out of the State
during the vehicle's normal scheduled inspection. The
affidavit shall be submitted to the Agency at least 30 days
before the vehicle's normal scheduled inspection.
(4) The owner of a vehicle subject to inspection shall
have the vehicle inspected and shall obtain and display on
the vehicle or carry within the vehicle, in a manner
specified by the Agency, a valid unexpired emission
inspection sticker or certificate in the manner specified
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
subsequent violation within one year of the first violation
is a Class C misdemeanor. The fine imposed for a violation
of this paragraph (4) shall be not less than $50 if the
violation occurred within 60 days following the date by
which a new or renewal emission inspection sticker or
certificate was required to be obtained for the vehicle,
and not less than $300 if the violation occurred more than
60 days after that date.
(5) For a $20 fee, to be paid into the Vehicle
Inspection Fund, the Agency may inspect:
(A) A vehicle registered in and subject to the
emission inspections requirements of another state.
(B) A vehicle presented for inspection on a
voluntary basis.
Any fees collected under this paragraph (5) shall not
offset Motor Fuel Tax Funds normally appropriated for the
program.
(6) The following vehicles are not subject to
inspection:
(A) Vehicles not subject to registration under
Article IV of Chapter 3 of this Code, other than
vehicles owned by the federal government.
(B) Motorcycles, motor driven cycles, and
motorized pedalcycles.
(C) Farm vehicles and implements of husbandry.

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(D) Implements of warfare owned by the State or
federal government.
(E) Antique vehicles, custom vehicles, street
rods, and vehicles of model year 1967 or before.
(F) Vehicles operated exclusively for parade or
ceremonial purposes by any veterans, fraternal, or
civic organization, organized on a not-for-profit
basis.
(G) Vehicles for which the Secretary of State,
under Section 3-117 of this Code, has issued a Junking
Certificate.
(H) Diesel powered vehicles and vehicles that are
powered exclusively by electricity.
(I) Vehicles operated exclusively in organized
amateur or professional sporting activities, as
defined in Section 3.310 of the Environmental
Protection Act.
(J) Vehicles registered in, subject to, and in
compliance with the emission inspection requirements
of another state.
(K) Vehicles participating in an OBD continuous
monitoring program operated in accordance with
procedures adopted by the Agency.
(L) Vehicles of model year 1995 or earlier that do
not have an expired emissions test sticker or
certificate on February 1, 2007.

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The Agency may issue temporary or permanent exemption
stickers or certificates for vehicles temporarily or
permanently exempt from inspection under this paragraph
(6). An exemption sticker or certificate does not need to
be displayed.
(7) According to criteria that the Agency may adopt, a
motor vehicle may be exempted from the inspection
requirements of this Section by the Agency on the basis of
an Agency determination that the vehicle is located and
primarily used outside of the affected counties or in other
jurisdictions where vehicle emission inspections are not
required. The Agency may issue an annual exemption sticker
or certificate without inspection for any vehicle exempted
from inspection under this paragraph (7).
(8) Any owner or lessee of a fleet of 15 or more motor
vehicles that are subject to inspection under this Section
may apply to the Agency for a permit to establish and
operate a private official inspection station in
accordance with rules adopted by the Agency.
(9) Pursuant to Title 40, Section 51.371 of the Code of
Federal Regulations, the Agency may establish a program of
on-road testing of in-use vehicles through the use of
remote sensing devices. In any such program, the Agency
shall evaluate the emission performance of 0.5% of the
subject fleet or 20,000 vehicles, whichever is less. Under
no circumstances shall on-road testing include any sort of

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roadblock or roadside pullover or cause any type of traffic
delay. If, during the course of an on-road inspection, a
vehicle is found to exceed the on-road emissions standards
established for the model year and type of vehicle, the
Agency shall send a notice to the vehicle owner. The notice
shall document the occurrence and the results of the
on-road exceedance. The notice of a second on-road
exceedance shall indicate that the vehicle has been
reassigned and is subject to an out-of-cycle follow-up
inspection at an official inspection station. In no case
shall the Agency send a notice of an on-road exceedance to
the owner of a vehicle that was found to exceed the on-road
emission standards established for the model year and type
of vehicle, if the vehicle is registered outside of the
affected counties.
(b) Registration Denial Inspection and Notification.
(1) No later than January 1, 2008, every motor vehicle
that is owned by a resident of an affected county, other
than a vehicle that is exempt under paragraph (b)(8) or
(b)(9), is subject to inspection under the program.
The owner of a vehicle subject to inspection shall have
the vehicle inspected and obtain proof of compliance from
the Agency in order to obtain or renew a vehicle
registration for a subject vehicle.
The Secretary of State shall notify the owner of a
vehicle subject to inspection of the requirement to have

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the vehicle tested at least 30 days prior to the beginning
of the month in which the vehicle's registration is due to
expire. Notwithstanding the preceding, vehicles with
permanent registration plates shall be notified at least 30
days prior to the month corresponding to the date the
vehicle was originally registered. This notification shall
clearly state the vehicle's test status, based upon the
vehicle type, model year and registration address.
The owner of each vehicle subject to inspection shall
have the vehicle inspected and, upon demonstration of
compliance, obtain an emissions compliance certificate for
the vehicle.
(2) Except as provided in paragraphs (b)(3), (b)(4),
and (b)(5), vehicles shall be inspected every 2 years on a
schedule that begins in the fourth calendar year after the
vehicle model year. Even model year vehicles shall be
inspected and comply in order to renew registrations
expiring in even calendar years and odd model year vehicles
shall be inspected and comply in order to renew
registrations expiring in odd calendar years.
(3) A vehicle shall be inspected and comply at a time
outside of its normal 2-year inspection schedule if (i) the
vehicle was acquired by a new owner and (ii) the vehicle
had not been issued a Compliance Certificate within one
year of the date of application for the title or
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
scheduled inspection. The owner shall file a sworn
affidavit containing a statement that he or she expects to
be out of the State during the vehicle's normal scheduled
inspection. The affidavit shall be submitted to the Agency
at least 30 days before the vehicle's normal scheduled
inspection.
(4) Vehicles with 2-year registrations shall be
inspected every 2 years at the time of registration
issuance or renewal on a schedule that begins in the fourth
year after the vehicle model year.
(5) Vehicles with permanent vehicle registration
plates shall be inspected every 2 years on a schedule that
begins in the fourth calendar year after the vehicle model
year in the month corresponding to the date the vehicle was
originally registered. Even model year vehicles shall be
inspected and comply in even calendar years, and odd model
year vehicles shall be inspected and comply in odd calendar
years.
(6) The Agency and the Secretary of State shall
endeavor to ensure a smooth transition from test scheduling
from the provisions of subsection (a) to subsection (b).
Passing tests and waivers issued prior to the
implementation of this subsection (b) may be utilized to
establish compliance for a period of one year from the date
of the emissions or waiver inspection.

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(7) For a $20 fee, to be paid into the Vehicle
Inspection Fund, the Agency may inspect:
(A) A vehicle registered in and subject to the
emissions inspections requirements of another state.
(B) A vehicle presented for inspection on a
voluntary basis.
Any fees collected under this paragraph (7) shall not
offset Motor Fuel Tax Funds normally appropriated for the
program.
(8) The following vehicles are not subject to
inspection:
(A) Vehicles not subject to registration under
Article IV of Chapter 3 of this Code, other than
vehicles owned by the federal government.
(B) Motorcycles, motor driven cycles, and
motorized pedalcycles.
(C) Farm vehicles and implements of husbandry.
(D) Implements of warfare owned by the State or
federal government.
(E) Antique vehicles, custom vehicles, street
rods, and vehicles of model year 1967 or before.
(F) Vehicles operated exclusively for parade or
ceremonial purposes by any veterans, fraternal, or
civic organization, organized on a not-for-profit
basis.
(G) Vehicles for which the Secretary of State,

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under Section 3-117 of this Code, has issued a Junking
Certificate.
(H) Diesel powered vehicles and vehicles that are
powered exclusively by electricity.
(I) Vehicles operated exclusively in organized
amateur or professional sporting activities, as
defined in Section 3.310 of the Environmental
Protection Act.
(J) Vehicles registered in, subject to, and in
compliance with the emission inspection requirements
of another state.
(K) Vehicles participating in an OBD continuous
monitoring program operated in accordance with
procedures adopted by the Agency.
(L) Vehicles of model year 1995 or earlier that do
not have an expired emissions test sticker or
certificate on February 1, 2007.
The Agency may issue temporary or permanent exemption
certificates for vehicles temporarily or permanently
exempt from inspection under this paragraph (8). An
exemption sticker or certificate does not need to be
displayed.
(9) According to criteria that the Agency may adopt, a
motor vehicle may be exempted from the inspection
requirements of this Section by the Agency on the basis of
an Agency determination that the vehicle is located and

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primarily used outside of the affected counties or in other
jurisdictions where vehicle emissions inspections are not
required. The Agency may issue an annual exemption
certificate without inspection for any vehicle exempted
from inspection under this paragraph (9).
(10) Any owner or lessee of a fleet of 15 or more motor
vehicles that are subject to inspection under this Section
may apply to the Agency for a permit to establish and
operate a private official inspection station in
accordance with rules adopted by the Agency.
(11) Pursuant to Title 40, Section 51.371 of the Code
of Federal Regulations, the Agency may establish a program
of on-road testing of in-use vehicles through the use of
remote sensing devices. In any such program, the Agency
shall evaluate the emission performance of 0.5% of the
subject fleet or 20,000 vehicles, whichever is less. Under
no circumstances shall on-road testing include any sort of
roadblock or roadside pullover or cause any type of traffic
delay. If, during the course of an on-road inspection, a
vehicle is found to exceed the on-road emissions standards
established for the model year and type of vehicle, the
Agency shall send a notice to the vehicle owner. The notice
shall document the occurrence and the results of the
on-road exceedance. The notice of a second on-road
exceedance shall indicate that the vehicle has been
reassigned and is subject to an out-of-cycle follow-up

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inspection at an official inspection station. In no case
shall the Agency send a notice of an on-road exceedance to
the owner of a vehicle that was found to exceed the on-road
emissions standards established for the model year and type
of vehicle, if the vehicle is registered outside of the
affected counties.
(Source: P.A. 94-526, eff. 1-1-06; 94-848, eff. 6-9-06.)
Section 99. Effective date. This Act takes effect upon
becoming law.