Illinois General Assembly - Full Text of SB1008
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Full Text of SB1008  100th General Assembly


Sen. Pamela J. Althoff

Filed: 4/26/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 1008 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 13-102.1, 13-109.1, 13-114, and 13-116.1 as
7    (625 ILCS 5/13-102.1)
8    Sec. 13-102.1. Diesel powered vehicle emission inspection
9report. Beginning July 1, 2000, the Department of
10Transportation and the Department of State Police shall each
11conduct an annual study concerned with the results of emission
12inspections for diesel powered vehicles registered for a gross
13weight of more than 16,000 pounds or having a gross vehicle
14weight rating of more than 16,000 pounds. The study studies
15shall be reported to the General Assembly by June 30, 2001, and
16every June 30 thereafter. The study studies shall also be sent



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1to the Illinois Environmental Protection Agency for its use in
2environmental matters.
3    The study studies shall include, but not be limited to, the
4following information:
5        (a) the number of diesel powered vehicles that were
6    inspected for emission compliance by the respective
7    departments pursuant to this Chapter 13 during the previous
8    year;
9        (b) the number of diesel powered vehicles that failed
10    and passed the emission inspections conducted by the
11    respective departments required pursuant to this Chapter
12    13 during the previous year; and
13        (c) the number of diesel powered vehicles that failed
14    the emission inspections conducted by the respective
15    departments pursuant to this Chapter 13 more than once in
16    the previous year.
17(Source: P.A. 91-254, eff. 7-1-00; 91-865, eff. 7-1-00.)
18    (625 ILCS 5/13-109.1)
19    Sec. 13-109.1. Annual and nonscheduled emission inspection
20tests; standards; penalties; funds.
21    (a) For each diesel powered vehicle that (i) is registered
22for a gross weight of more than 16,000 pounds, (ii) is
23registered within an affected area, and (iii) is a 2 year or
24older model year, an annual emission inspection test shall be
25conducted at an official testing station certified by the



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1Illinois Department of Transportation to perform diesel
2emission inspections pursuant to the standards set forth in
3subsection (b) of this Section. This annual emission inspection
4test may be conducted in conjunction with a semi-annual safety
6    (a-5) (Blank). Beginning October 1, 2000, the Department of
7State Police is authorized to perform nonscheduled emission
8inspections for cause, at any place within an affected area, of
9any diesel powered vehicles that are operated on the roadways
10of this State, and are registered for a gross weight of more
11than 16,000 pounds or have a gross vehicle weight rating of
12more than 16,000 pounds. The inspections shall adhere to the
13procedures and standards set forth in subsection (b). These
14nonscheduled emission inspections shall be conducted by the
15Department of State Police at weigh stations, roadside, or
16other safe and reasonable locations within an affected area.
17Before any person may inspect a diesel vehicle under this
18Section, he or she must receive adequate training and
19certification for diesel emission inspections by the
20Department of State Police. The Department of State Police
21shall adopt rules for the training and certification of persons
22who conduct emission inspections under this Section.
23    (b) Diesel emission inspections conducted under this
24Chapter 13 shall be conducted in accordance with the Society of
25Automotive Engineers Recommended Practice J1667
26"Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel



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1Powered Vehicles" and the cutpoint standards set forth in the
2United States Environmental Protection Agency guidance
3document "Guidance to States on Smoke Opacity Cutpoints to be
4used with the SAE J1667 In-Use Smoke Test Procedure". Those
5procedures and standards, as now in effect, are made a part of
6this Code, in the same manner as though they were set out in
7full in this Code.
8    Notwithstanding the above cutpoint standards, for motor
9vehicles that are model years 1973 and older, until December
1031, 2002, the level of peak smoke opacity shall not exceed 70
11percent. Beginning January 1, 2003, for motor vehicles that are
12model years 1973 and older, the level of peak smoke opacity
13shall not exceed 55 percent.
14    (c) If the annual emission inspection under subsection (a)
15reveals that the vehicle is not in compliance with the diesel
16emission standards set forth in subsection (b) of this Section,
17the operator of the official testing station shall issue a
18warning notice requiring correction of the violation. The
19correction shall be made and the vehicle submitted to an
20emissions retest at an official testing station certified by
21the Department to perform diesel emission inspections within 30
22days from the issuance of the warning notice requiring
23correction of the violation.
24    If, within 30 days from the issuance of the warning notice,
25the vehicle is not in compliance with the diesel emission
26standards set forth in subsection (b) as determined by an



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1emissions retest at an official testing station, the operator
2of the official testing station or the Department shall place
3the vehicle out-of-service in accordance with the rules
4promulgated by the Department. Operating a vehicle that has
5been placed out-of-service under this subsection (c) is a petty
6offense punishable by a $1,000 fine. The vehicle must pass a
7diesel emission inspection at an official testing station
8before it is again placed in service. The Secretary of State,
9Department of State Police, and other law enforcement officers
10shall enforce this Section. No emergency vehicle, as defined in
11Section 1-105, may be placed out-of-service pursuant to this
13    The Department or an official testing station may issue a
14certificate of waiver subsequent to a reinspection of a vehicle
15that failed the emissions inspection. Certificate of waiver
16shall be issued upon determination that documented proof
17demonstrates that emissions repair costs for the noncompliant
18vehicle of at least $3,000 have been spent in an effort to
19achieve compliance with the emission standards set forth in
20subsection (b). The Department of Transportation shall adopt
21rules for the implementation of this subsection including
22standards of documented proof as well as the criteria by which
23a waiver shall be granted.
24    (c-5) (Blank). If a nonscheduled inspection reveals that
25the vehicle is not in compliance with the diesel emission
26standards set forth in subsection (b), the operator of the



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1vehicle is guilty of a petty offense punishable by a $400 fine,
2and a State Police officer shall issue a citation for a
3violation of the standards. A third or subsequent violation
4within one year of the first violation is a petty offense
5punishable by a $1,000 fine. An operator who receives a
6citation under this subsection shall not, within 30 days of the
7initial citation, receive a second or subsequent citation for
8operating the same vehicle in violation of the emission
9standards set forth in subsection (b).
10    (d) (Blank). There is hereby created within the State
11Treasury a special fund to be known as the Diesel Emissions
12Testing Fund, constituted from the fines collected pursuant to
13subsections (c) and (c-5) of this Section. Subject to
14appropriation, moneys from the Diesel Emissions Testing Fund
15shall be available, as a supplement to moneys appropriated from
16the General Revenue Fund, to the Department of Transportation
17and the Department of State Police for their implementation of
18the diesel emission inspection requirements under this Chapter
1913. All moneys received from fines imposed under this Section
20shall be paid into the Diesel Emissions Testing Fund. All
21citations issued pursuant to this Section shall be considered
22non-moving violations. The Department of Transportation and
23the Department of State Police are authorized to promulgate
24rules to implement their responsibilities under this Section.
25(Source: P.A. 91-254, eff. 7-1-00; 91-865, eff. 7-1-00.)



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1    (625 ILCS 5/13-114)  (from Ch. 95 1/2, par. 13-114)
2    Sec. 13-114. Interstate carriers of property. Any vehicle
3registered in Illinois and operated by an interstate carrier of
4property shall be exempt from the provisions of this Chapter
5provided such carrier has registered with the Bureau of Motor
6Carrier Safety of the Federal Highway Administration as an
7interstate motor carrier of property and has been assigned a
8federal census number by such Bureau. An interstate carrier of
9property, however, is not exempt from the provisions of Section
1013-111(b) of this Chapter.
11    Any vehicle registered in Illinois and operated by a
12private interstate carrier of property shall be exempt from the
13provisions of this Chapter, except the provisions of Section
1413-111(b), provided it:
15        1. is registered with the Bureau of Motor Carrier
16    Safety of the Federal Highway Administration, and
17        2. carries in the motor vehicle documentation issued by
18    the Bureau of Motor Carrier Safety of the Federal Highway
19    Administration displaying the federal census number
20    assigned, and
21        3. displays on the sides of the motor vehicle the
22    census number, which must be no less than 2 inches high,
23    with a brush stroke no less than 1/4 inch wide in a
24    contrasting color.
25    Notwithstanding any other provision of this Section, each
26diesel powered vehicle that is registered for a gross weight of



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1more than 16,000 pounds or has a gross vehicle weight rating of
2more than 16,000 pounds and that is operated by an interstate
3carrier of property or a private interstate carrier of property
4within the affected area is subject only to the provisions of
5this Chapter that pertain to nonscheduled diesel emission
7(Source: P.A. 91-254, eff. 7-1-00; 91-865, eff. 7-1-00.)
8    (625 ILCS 5/13-116.1)
9    Sec. 13-116.1. Emission inspection funding. The Department
10of Transportation shall be reimbursed for all expenses related
11to the training, equipment, recordkeeping, and conducting of
12diesel powered emission inspections pursuant to this Chapter 13
13when that testing is conducted within the affected areas,
14subject to appropriation, from the General Revenue Fund and the
15Diesel Emissions Testing Fund. No moneys from any funds other
16than the General Revenue Fund and the Diesel Emissions Testing
17Fund shall be appropriated for diesel emission inspections
18under this Chapter 13.
19(Source: P.A. 91-254, eff. 7-1-00.)
20    Section 10. The Unified Code of Corrections is amended by
21changing Section 3-10-2 as follows:
22    (730 ILCS 5/3-10-2)  (from Ch. 38, par. 1003-10-2)
23    Sec. 3-10-2. Examination of Persons Committed to the



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1Department of Juvenile Justice.
2    (a) A person committed to the Department of Juvenile
3Justice shall be examined in regard to his medical,
4psychological, social, educational and vocational condition
5and history, including the use of alcohol and other drugs, the
6circumstances of his offense and any other information as the
7Department of Juvenile Justice may determine.
8    (a-5) Upon admission of a person committed to the
9Department of Juvenile Justice, the Department of Juvenile
10Justice must provide the person with appropriate information
11concerning HIV and AIDS in writing, verbally, or by video or
12other electronic means. The Department of Juvenile Justice
13shall develop the informational materials in consultation with
14the Department of Public Health. At the same time, the
15Department of Juvenile Justice also must offer the person the
16option of being tested, at no charge to the person, for
17infection with human immunodeficiency virus (HIV). Pre-test
18information shall be provided to the committed person and
19informed consent obtained as required in subsection (q) of
20Section 3 and Section 5 of the AIDS Confidentiality Act. The
21Department of Juvenile Justice may conduct opt-out HIV testing
22as defined in Section 4 of the AIDS Confidentiality Act. If the
23Department conducts opt-out HIV testing, the Department shall
24place signs in English, Spanish and other languages as needed
25in multiple, highly visible locations in the area where HIV
26testing is conducted informing inmates that they will be tested



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1for HIV unless they refuse, and refusal or acceptance of
2testing shall be documented in the inmate's medical record. The
3Department shall follow procedures established by the
4Department of Public Health to conduct HIV testing and testing
5to confirm positive HIV test results. All testing must be
6conducted by medical personnel, but pre-test and other
7information may be provided by committed persons who have
8received appropriate training. The Department, in conjunction
9with the Department of Public Health, shall develop a plan that
10complies with the AIDS Confidentiality Act to deliver
11confidentially all positive or negative HIV test results to
12inmates or former inmates. Nothing in this Section shall
13require the Department to offer HIV testing to an inmate who is
14known to be infected with HIV, or who has been tested for HIV
15within the previous 180 days and whose documented HIV test
16result is available to the Department electronically. The
17testing provided under this subsection (a-5) shall consist of a
18test approved by the Illinois Department of Public Health to
19determine the presence of HIV infection, based upon
20recommendations of the United States Centers for Disease
21Control and Prevention. If the test result is positive, a
22reliable supplemental test based upon recommendations of the
23United States Centers for Disease Control and Prevention shall
24be administered.
25    Also upon admission of a person committed to the Department
26of Juvenile Justice, the Department of Juvenile Justice must



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1inform the person of the Department's obligation to provide the
2person with medical care.
3    (b) Based on its examination, the Department of Juvenile
4Justice may exercise the following powers in developing a
5treatment program of any person committed to the Department of
6Juvenile Justice:
7        (1) Require participation by him in vocational,
8    physical, educational and corrective training and
9    activities to return him to the community.
10        (2) Place him in any institution or facility of the
11    Department of Juvenile Justice.
12        (3) Order replacement or referral to the Parole and
13    Pardon Board as often as it deems desirable. The Department
14    of Juvenile Justice shall refer the person to the Parole
15    and Pardon Board as required under Section 3-3-4.
16        (4) Enter into agreements with the Secretary of Human
17    Services and the Director of Children and Family Services,
18    with courts having probation officers, and with private
19    agencies or institutions for separate care or special
20    treatment of persons subject to the control of the
21    Department of Juvenile Justice.
22    (c) The Department of Juvenile Justice shall make periodic
23reexamination of all persons under the control of the
24Department of Juvenile Justice to determine whether existing
25orders in individual cases should be modified or continued.
26This examination shall be made with respect to every person at



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1least once annually.
2    (d) A record of the treatment decision including any
3modification thereof and the reason therefor, shall be part of
4the committed person's master record file.
5    (e) The Department of Juvenile Justice shall by regular
6certified mail and telephone or electronic message notify the
7parent, guardian or nearest relative of any person committed to
8the Department of Juvenile Justice of his or her physical
9location and any change thereof.
10(Source: P.A. 98-689, eff. 1-1-15; 98-1046, eff. 1-1-15; 99-78,
11eff. 7-20-15.)
12    Section 15. The State Mandates Act is amended by adding
13Section 8.41 as follows:
14    (30 ILCS 805/8.41 new)
15    Sec. 8.41. Exempt mandate. Notwithstanding Section 6 and 8
16of this Act, no reimbursement by the State is required for the
17implementation of any mandate created by this amendatory Act of
18the 100th General Assembly.
19    (30 ILCS 105/5.508 rep.)
20    Section 20. The State Finance Act is amended by repealing
21Section 5.508.
22    Section 97. Severability. The provisions of this Act are



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1severable under Section 1.31 of the Statute on Statutes.
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".