SB2878 Engrossed LRB094 18028 DRH 53333 b

1     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 Sections 13C-15, 13C-50, 13C-55, and 13C-60 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)
16     subsection (f) or (g), is subject to inspection under the
17     program.
18         The Agency shall send notice of the assigned inspection
19     month, at least 15 days before the beginning of the
20     assigned month, to the owner of each vehicle subject to the
21     program. An initial emission inspection sticker or initial
22     inspection certificate, as the case may be, expires on the
23     last day of the third month following the month assigned by
24     the Agency for the first inspection of the vehicle. A
25     renewal inspection sticker or certificate expires on the
26     last day of the third month following the month assigned
27     for inspection in the year in which the vehicle's next
28     inspection is required.
29         The Agency or its agent may issue an interim emission
30     inspection sticker or certificate for any vehicle subject
31     to inspection that does not have a currently valid emission
32     inspection sticker or certificate at the time the Agency is

 

 

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1     notified by the Secretary of State of its registration by a
2     new owner, and for which an initial emission inspection
3     sticker or certificate has already been issued. An interim
4     emission inspection sticker or certificate expires no
5     later than the last day of the sixth complete calendar
6     month after the date the Agency issued the interim emission
7     inspection sticker or certificate.
8         The owner of each vehicle subject to inspection shall
9     obtain an emission inspection sticker or certificate for
10     the vehicle in accordance with this paragraph (1)
11     subsection. Before the expiration of the emission
12     inspection sticker or certificate, the owner shall have the
13     vehicle inspected and, upon demonstration of compliance,
14     obtain a renewal emission inspection sticker or
15     certificate. A renewal emission inspection sticker or
16     certificate shall not be issued more than 5 months before
17     the expiration date of the previous inspection sticker or
18     certificate.
19         (2) (b) Except as provided in paragraph (a)(3)
20     subsection (c), vehicles shall be inspected every 2 years
21     on a schedule that begins either in the second, fourth, or
22     later calendar year after the vehicle model year. The
23     beginning test schedule shall be set by the Agency and
24     shall be consistent with the State's requirements for
25     emission reductions as determined by the applicable United
26     States Environmental Protection Agency vehicle emissions
27     estimation model and applicable guidance and rules.
28         (3) (c) A vehicle may be inspected at a time outside of
29     its normal 2-year inspection schedule, if (i) the vehicle
30     was acquired by a new owner and (ii) the vehicle was
31     required to be in compliance with this Act at the time the
32     vehicle was acquired by the new owner, but it was not then
33     in compliance.
34         (4) (d) The owner of a vehicle subject to inspection
35     shall have the vehicle inspected and shall obtain and
36     display on the vehicle or carry within the vehicle, in a

 

 

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1     manner specified by the Agency, a valid unexpired emission
2     inspection sticker or certificate in the manner specified
3     by the Agency. A person who violates this paragraph (4)
4     subsection (d) is guilty of a petty offense, except that a
5     third or subsequent violation within one year of the first
6     violation is a Class C misdemeanor. The fine imposed for a
7     violation of this paragraph (4) subsection shall be not
8     less than $50 if the violation occurred within 60 days
9     following the date by which a new or renewal emission
10     inspection sticker or certificate was required to be
11     obtained for the vehicle, and not less than $300 if the
12     violation occurred more than 60 days after that date.
13         (5) (e) For a $20 fee, to be paid into the Vehicle
14     Inspection Fund, the Agency may inspect:
15             (A) (1) A vehicle registered in and subject to the
16         emission inspections requirements of another state.
17             (B) (2) A vehicle presented for inspection on a
18         voluntary basis.
19         Any fees collected under this paragraph (5) subsection
20     shall not offset Motor Fuel Tax Funds normally appropriated
21     for the program.
22         (6) (f) The following vehicles are not subject to
23     inspection:
24             (A) (1) Vehicles not subject to registration under
25         Article IV of Chapter 3 of this Code, other than
26         vehicles owned by the federal government.
27             (B) (2) Motorcycles, motor driven cycles, and
28         motorized pedalcycles.
29             (C) (3) Farm vehicles and implements of husbandry.
30             (D) (4) Implements of warfare owned by the State or
31         federal government.
32             (E) (5) Antique vehicles, custom vehicles, street
33         rods, and vehicles of model year 1967 or before.
34             (F) (6) Vehicles operated exclusively for parade
35         or ceremonial purposes by any veterans, fraternal, or
36         civic organization, organized on a not-for-profit

 

 

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1         basis.
2             (G) (7) Vehicles for which the Secretary of State,
3         under Section 3-117 of this Code, has issued a Junking
4         Certificate.
5             (H) (8) Diesel powered vehicles and vehicles that
6         are powered exclusively by electricity.
7             (I) (9) Vehicles operated exclusively in organized
8         amateur or professional sporting activities, as
9         defined in Section 3.310 of the Environmental
10         Protection Act.
11             (J) (10) Vehicles registered in, subject to, and in
12         compliance with the emission inspection requirements
13         of another state.
14             (K) (11) Vehicles participating in an OBD
15         continuous monitoring program operated in accordance
16         with procedures adopted by the Agency.
17             (L) (12) Vehicles of model year 1995 or earlier
18         that do not have an expired emissions test sticker or
19         certificate on February 1, 2007.
20         The Agency may issue temporary or permanent exemption
21     stickers or certificates for vehicles temporarily or
22     permanently exempt from inspection under this paragraph
23     (6) subsection (f). An exemption sticker or certificate
24     does not need to be displayed.
25         (7) (g) According to criteria that the Agency may
26     adopt, a motor vehicle may be exempted from the inspection
27     requirements of this Section by the Agency on the basis of
28     an Agency determination that the vehicle is located and
29     primarily used outside of the affected counties or in other
30     jurisdictions where vehicle emission inspections are not
31     required. The Agency may issue an annual exemption sticker
32     or certificate without inspection for any vehicle exempted
33     from inspection under this paragraph (7) subsection.
34         (8) (h) Any owner or lessee of a fleet of 15 or more
35     motor vehicles that are subject to inspection under this
36     Section may apply to the Agency for a permit to establish

 

 

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1     and operate a private official inspection station in
2     accordance with rules adopted by the Agency.
3         (9) (i) Pursuant to Title 40, Section 51.371 of the
4     Code of Federal Regulations, the Agency may establish a
5     program of on-road testing of in-use vehicles through the
6     use of remote sensing devices. In any such program, the
7     Agency shall evaluate the emission performance of 0.5% of
8     the subject fleet or 20,000 vehicles, whichever is less.
9     Under no circumstances shall on-road testing include any
10     sort of roadblock or roadside pullover or cause any type of
11     traffic delay. If, during the course of an on-road
12     inspection, a vehicle is found to exceed the on-road
13     emissions standards established for the model year and type
14     of vehicle, the Agency shall send a notice to the vehicle
15     owner. The notice shall document the occurrence and the
16     results of the on-road exceedance. The notice of a second
17     on-road exceedance shall indicate that the vehicle has been
18     reassigned and is subject to an out-of-cycle follow-up
19     inspection at an official inspection station. In no case
20     shall the Agency send a notice of an on-road exceedance to
21     the owner of a vehicle that was found to exceed the on-road
22     emission standards established for the model year and type
23     of vehicle, if the vehicle is registered outside of the
24     affected counties.
25     (b) Registration Denial Inspection and Notification.
26         (1) No later than January 1, 2008, every motor vehicle
27     that is owned by a resident of an affected county, other
28     than a vehicle that is exempt under paragraph (b)(8) or
29     (b)(9), is subject to inspection under the program.
30         The owner of a vehicle subject to inspection shall have
31     the vehicle inspected and obtain proof of compliance from
32     the Agency in order to obtain or renew a vehicle
33     registration for a subject vehicle.
34         The Secretary of State shall notify the owner of a
35     vehicle subject to inspection of the requirement to have
36     the vehicle tested at least 30 days prior to the beginning

 

 

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1     of the month in which the vehicle's registration is due to
2     expire. Notwithstanding the preceding, vehicles with
3     permanent registration plates shall be notified at least 30
4     days prior to the month corresponding to the date the
5     vehicle was originally registered. This notification shall
6     clearly state the vehicle's test status, based upon the
7     vehicle type, model year and registration address.
8         The owner of each vehicle subject to inspection shall
9     have the vehicle inspected and, upon demonstration of
10     compliance, obtain an emissions compliance certificate for
11     the vehicle. The compliance certificate shall state that
12     the vehicle is in compliance with applicable emissions
13     inspections requirements and shall expire one year from the
14     date of issuance.
15         (2) Except as provided in paragraphs (b)(3), (b)(4),
16     and (b)(5), vehicles shall be inspected every 2 years on a
17     schedule that begins in the fourth calendar year after the
18     vehicle model year. Even model year vehicles shall be
19     inspected and comply in order to renew registrations
20     expiring in even calendar years and odd model year vehicles
21     shall be inspected and comply in order to renew
22     registrations expiring in odd calendar years.
23         (3) A vehicle shall be inspected and comply at a time
24     outside of its normal 2-year inspection schedule if (i) the
25     vehicle was acquired by a new owner and (ii) the vehicle
26     had not been issued a Compliance Certificate within one
27     year of the date of application for the title or
28     registration, or both, for the vehicle.
29         (4) Vehicles with 2-year registrations shall be
30     inspected every 2 years at the time of registration
31     issuance or renewal on a schedule that begins in the fourth
32     year after the vehicle model year.
33         (5) Vehicles with permanent vehicle registration
34     plates shall be inspected every 2 years on a schedule that
35     begins in the fourth calendar year after the vehicle model
36     year in the month corresponding to the date the vehicle was

 

 

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1     originally registered. Even model year vehicles shall be
2     inspected and comply in even calendar years, and odd model
3     year vehicles shall be inspected and comply in odd calendar
4     years.
5         (6) The Agency and the Secretary of State shall
6     endeavor to ensure a smooth transition from test scheduling
7     from the provisions of subsection (a) to subsection (b).
8     Passing tests and waivers issued prior to the
9     implementation of this subsection (b) may be utilized to
10     establish compliance for a period of one year from the date
11     of the emissions or waiver inspection.
12         (7) 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         emissions inspections requirements of another state.
16             (B) A vehicle presented for inspection on a
17         voluntary basis.
18         Any fees collected under this paragraph (7) shall not
19     offset Motor Fuel Tax Funds normally appropriated for the
20     program.
21         (8) 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
27         motorized pedalcycles.
28             (C) Farm vehicles and implements of husbandry.
29             (D) Implements of warfare owned by the State or
30         federal government.
31             (E) Antique vehicles, custom vehicles, street
32         rods, and vehicles of model year 1967 or before.
33             (F) Vehicles operated exclusively for parade or
34         ceremonial purposes by any veterans, fraternal, or
35         civic organization, organized on a not-for-profit
36         basis.

 

 

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1             (G) Vehicles for which the Secretary of State,
2         under Section 3-117 of this Code, has issued a Junking
3         Certificate.
4             (H) Diesel powered vehicles and vehicles that are
5         powered exclusively by electricity.
6             (I) Vehicles operated exclusively in organized
7         amateur or professional sporting activities, as
8         defined in Section 3.310 of the Environmental
9         Protection Act.
10             (J) Vehicles registered in, subject to, and in
11         compliance with the emission inspection requirements
12         of another state.
13             (K) Vehicles participating in an OBD continuous
14         monitoring program operated in accordance with
15         procedures adopted by the Agency.
16             (L) Vehicles of model year 1995 or earlier that do
17         not have an expired emissions test sticker or
18         certificate on February 1, 2007.
19         The Agency may issue temporary or permanent exemption
20     certificates for vehicles temporarily or permanently
21     exempt from inspection under this paragraph (8). An
22     exemption sticker or certificate does not need to be
23     displayed.
24         (9) According to criteria that the Agency may adopt, a
25     motor vehicle may be exempted from the inspection
26     requirements of this Section by the Agency on the basis of
27     an Agency determination that the vehicle is located and
28     primarily used outside of the affected counties or in other
29     jurisdictions where vehicle emissions inspections are not
30     required. The Agency may issue an annual exemption
31     certificate without inspection for any vehicle exempted
32     from inspection under this paragraph (9).
33         (10) Any owner or lessee of a fleet of 15 or more motor
34     vehicles that are subject to inspection under this Section
35     may apply to the Agency for a permit to establish and
36     operate a private official inspection station in

 

 

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1     accordance with rules adopted by the Agency.
2         (11) Pursuant to Title 40, Section 51.371 of the Code
3     of Federal Regulations, the Agency may establish a program
4     of on-road testing of in-use vehicles through the use of
5     remote sensing devices. In any such program, the Agency
6     shall evaluate the emission performance of 0.5% of the
7     subject fleet or 20,000 vehicles, whichever is less. Under
8     no circumstances shall on-road testing include any sort of
9     roadblock or roadside pullover or cause any type of traffic
10     delay. If, during the course of an on-road inspection, a
11     vehicle is found to exceed the on-road emissions standards
12     established for the model year and type of vehicle, the
13     Agency shall send a notice to the vehicle owner. The notice
14     shall document the occurrence and the results of the
15     on-road exceedance. The notice of a second on-road
16     exceedance shall indicate that the vehicle has been
17     reassigned and is subject to an out-of-cycle follow-up
18     inspection at an official inspection station. In no case
19     shall the Agency send a notice of an on-road exceedance to
20     the owner of a vehicle that was found to exceed the on-road
21     emissions standards established for the model year and type
22     of vehicle, if the vehicle is registered outside of the
23     affected counties.
24 (Source: P.A. 94-526, eff. 1-1-06.)
 
25     (625 ILCS 5/13C-50)
26     Sec. 13C-50. Costs.
27     (a) Except as otherwise provided in paragraph (a)(5) or
28 (b)(7) subsection (e) of Section 13C-15, no fee shall be
29 charged to motor vehicle owners for obtaining inspections
30 required under this Chapter. The Vehicle Inspection Fund, which
31 is a fund created in the State treasury for the purpose of
32 receiving moneys from the Motor Fuel Tax Fund and other
33 sources, shall be used, subject to appropriation, for the
34 payment of the costs of the program, including reimbursement of
35 those agencies of the State that incur expenses in the

 

 

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1 administration or enforcement of the program. The Vehicle
2 Inspection Fund shall continue in existence notwithstanding
3 the repeal of Chapter 13B. Any money in the Vehicle Inspection
4 Fund on February 1, 2007, shall be used for the purposes set
5 forth in this Chapter.
6     (b) The Agency may acquire, own, maintain, operate, sell,
7 lease and otherwise transfer real and personal property and
8 interests in real and personal property for the purpose of
9 creating or operating inspection stations and for any other
10 purpose relating to the administration of this Chapter, and may
11 use money from the Vehicle Inspection Fund for these purposes.
12 (Source: P.A. 94-526, eff. 1-1-06.)
 
13     (625 ILCS 5/13C-55)
14     Sec. 13C-55. Enforcement.
15     (a) Computer-Matched Enforcement.
16         (1) The provisions of this subsection (a) are operative
17     until the implementation of the registration denial
18     enforcement mechanism required by subsection (b). The
19     Agency shall cooperate in the enforcement of this Chapter
20     by (i) identifying probable violations through computer
21     matching of vehicle registration records and inspection
22     records; (ii) sending one notice to each suspected violator
23     identified through such matching, stating that
24     registration and inspection records indicate that the
25     vehicle owner has not complied with this Chapter; (iii)
26     directing the vehicle owner to notify the Agency or the
27     Secretary of State if he or she has ceased to own the
28     vehicle or has changed residence; and (iv) advising the
29     vehicle owner of the consequences of violating this
30     Chapter.
31         The Agency shall cooperate with the Secretary of State
32     in the administration of this Chapter and the related
33     provisions of Chapter 3, and shall provide the Secretary of
34     State with such information as the Secretary of State may
35     deem necessary for these purposes, including regular and

 

 

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1     timely access to vehicle inspection records.
2         The Secretary of State shall cooperate with the Agency
3     in the administration of this Chapter and shall provide the
4     Agency with such information as the Agency may deem
5     necessary for the purposes of this Chapter, including
6     regular and timely access to vehicle registration records.
7     Section 2-123 of this Code does not apply to the provision
8     of this information.
9         (2) (b) The Secretary of State shall suspend either the
10     driving privileges or the vehicle registration, or both, of
11     any vehicle owner who has not complied with this Chapter,
12     if (i) the vehicle owner has failed to satisfactorily
13     respond to the one notice sent by the Agency under
14     paragraph (a)(1) subsection (a), and (ii) the Secretary of
15     State has mailed the vehicle owner a notice that the
16     suspension will be imposed if the owner does not comply
17     within a stated period, and the Secretary of State has not
18     received satisfactory evidence of compliance within that
19     period. The Secretary of State shall send this notice only
20     after receiving a statement from the Agency that the
21     vehicle owner has failed to comply with this Section.
22     Notice shall be effective as specified in subsection (c) of
23     Section 6-211 of this Code.
24         A suspension under this paragraph (a)(2) subsection
25     shall not be terminated until satisfactory proof of
26     compliance has been submitted to the Secretary of State. No
27     driver's license or permit, or renewal of a license or
28     permit, may be issued to a person whose driving privileges
29     have been suspended under this Section until the suspension
30     has been terminated. No vehicle registration or
31     registration plate that has been suspended under this
32     Section may be reinstated or renewed, or transferred by the
33     owner to any other vehicle, until the suspension has been
34     terminated.
35     (b) Registration Denial Enforcement.
36         (1) No later than January 1, 2008, and consistent with

 

 

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1     Title 40, Part 51, Section 51.361 of the Code of Federal
2     Regulations, the Agency and the Secretary of State shall
3     design, implement, maintain, and operate a registration
4     denial enforcement mechanism to ensure compliance with the
5     provisions of this Chapter, and cooperate with other State
6     and local governmental entities to effectuate its
7     provisions. Specifically, this enforcement mechanism shall
8     contain, at a minimum, the following elements:
9             (A) An external, readily visible means of
10         determining vehicle compliance with the registration
11         requirement to facilitate enforcement of the program;
12             (B) A biennial schedule of testing that clearly
13         determines when a vehicle shall comply prior to
14         registration;
15             (C) A testing certification mechanism (either
16         paper-based or electronic) that shall be used for
17         registration purposes and clearly states whether the
18         certification is valid for purposes of registration,
19         including:
20                 (i) Expiration date of the certificate;
21                 (ii) Unambiguous vehicle identification
22             information; and
23                 (iii) Whether the vehicle passed or received a
24             waiver;
25             (D) A commitment to routinely issue citations to
26         motorists with expired or missing license plates, with
27         either no registration or an expired registration, and
28         with no license plate decals or expired decals, and
29         provide for enforcement officials other than police to
30         issue citations (e.g., parking meter attendants) to
31         parked vehicles in noncompliance;
32             (E) A commitment to structure the penalty system to
33         deter noncompliance with the registration requirement
34         through the use of mandatory minimum fines (meaning
35         civil, monetary penalties) constituting a meaningful
36         deterrent and through a requirement that compliance be

 

 

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1         demonstrated before a case can be closed;
2             (F) Ensurance that evidence of testing is
3         available and checked for validity at the time of a new
4         registration of a used vehicle or registration
5         renewal;
6             (G) Prevention of owners or lessors from avoiding
7         testing through manipulation of the title or
8         registration system; title transfers may re-start the
9         clock on the inspection cycle only if proof of current
10         compliance is required at title transfer;
11             (H) Prevention of the fraudulent initial
12         classification or reclassification of a vehicle from
13         subject to non-subject or exempt by requiring proof of
14         address changes prior to registration record
15         modification, and documentation from the testing
16         program (or delegate) certifying based on a physical
17         inspection that the vehicle is exempt;
18             (I) Limiting and tracking of the use of time
19         extensions of the registration requirement to prevent
20         repeated extensions;
21             (J) Providing for meaningful penalties for cases
22         of registration fraud;
23             (K) Limiting and tracking exemptions to prevent
24         abuse of the exemption policy for vehicles claimed to
25         be out-of-state; and
26             (L) Encouraging enforcement of vehicle
27         registration transfer requirements when vehicle owners
28         move into the affected counties by coordinating with
29         local and State enforcement agencies and structuring
30         other activities (e.g., driver's license issuance) to
31         effect registration transfers.
32         (2) The Agency shall cooperate in the enforcement of
33     this Chapter by providing the owner or owners of complying
34     vehicles with a Compliance Certificate stating that the
35     vehicle meets all applicable requirements of this Chapter.
36         The Agency shall cooperate with the Secretary of State

 

 

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1     in the administration of this Chapter and the related
2     provisions of Chapter 3, and shall provide the Secretary of
3     State with such information as the Secretary of State may
4     deem necessary for these purposes, including regular and
5     timely access to vehicle inspection records.
6         The Secretary of State shall cooperate with the Agency
7     in the administration of this Chapter and shall provide the
8     Agency with such information as the Agency may deem
9     necessary for the purposes of this Chapter, including
10     regular and timely access to vehicle registration records.
11     Section 2-123 of this Code does not apply to the provision
12     of this information.
13         (3) Consistent with the requirements of Section
14     13C-15, the Secretary of State shall not renew any vehicle
15     registration for a subject vehicle that has not complied
16     with this Chapter. Additionally, the Secretary of State
17     shall not allow the issuance of a new registration nor
18     allow the transfer of a registration to a subject vehicle
19     that has not complied with this Chapter.
20         (4) The Secretary of State shall suspend the
21     registration of any vehicle which has permanent vehicle
22     registration plates that has not complied with the
23     requirements of this Chapter. A suspension under this
24     paragraph (4) shall not be terminated until satisfactory
25     proof of compliance has been submitted to the Secretary of
26     State. No permanent vehicle registration plate that has
27     been suspended under this Section may be reinstated or
28     renewed, or transferred by the owner to any other vehicle,
29     until the suspension has been terminated.
30 (Source: P.A. 94-526, eff. 1-1-06.)
 
31     (625 ILCS 5/13C-60)
32     Sec. 13C-60. Other offenses.
33     (a) Any person who knowingly displays an emission
34 inspection or exemption certificate for sticker or exemption
35 sticker on any vehicle other than the one for which the

 

 

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1 certificate sticker was lawfully issued in accordance with the
2 provisions of this Chapter, or duplicates, alters, uses,
3 possesses, issues, or distributes any emission inspection or
4 exemption sticker, exemption sticker, inspection certificate,
5 or facsimile thereof, except in accordance with the provisions
6 of this Chapter and the rules and regulations adopted
7 hereunder, is guilty of a Class C misdemeanor.
8     (b) A vehicle owner shall pay a monetary fine equivalent to
9 the test fee plus the applicable waiver repair expenditure for
10 the continued operation of a non-complying noncomplying
11 vehicle beyond 4 months past the expiration of the vehicle
12 emission inspection certificate. Any fines collected under
13 this Section shall be divided equally between the local
14 jurisdiction issuing the citation and the Vehicle Inspection
15 Fund.
16 (Source: P.A. 94-526, eff. 1-1-06.)
 
17     Section 99. Effective date. This Act takes effect upon
18 becoming law.