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




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1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 13-102.1, 13-109.1, 13-114, and 13-116.1 as follows:
6    (625 ILCS 5/13-102.1)
7    Sec. 13-102.1. Diesel powered vehicle emission inspection
8report. Beginning July 1, 2000, the Department of
9Transportation and the Department of State Police shall each
10conduct an annual study concerned with the results of emission
11inspections for diesel powered vehicles registered for a gross
12weight of more than 16,000 pounds or having a gross vehicle
13weight rating of more than 16,000 pounds. The study studies
14shall be reported to the General Assembly by June 30, 2001, and
15every June 30 thereafter. The study studies shall also be sent
16to the Illinois Environmental Protection Agency for its use in
17environmental matters.
18    The study studies shall include, but not be limited to, the
19following information:
20        (a) the number of diesel powered vehicles that were
21    inspected for emission compliance by the respective
22    departments pursuant to this Chapter 13 during the previous
23    year;



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1        (b) the number of diesel powered vehicles that failed
2    and passed the emission inspections conducted by the
3    respective departments required pursuant to this Chapter
4    13 during the previous year; and
5        (c) the number of diesel powered vehicles that failed
6    the emission inspections conducted by the respective
7    departments pursuant to this Chapter 13 more than once in
8    the previous year.
9(Source: P.A. 91-254, eff. 7-1-00; 91-865, eff. 7-1-00.)
10    (625 ILCS 5/13-109.1)
11    Sec. 13-109.1. Annual and nonscheduled emission inspection
12tests; standards; penalties; funds.
13    (a) For each diesel powered vehicle that (i) is registered
14for a gross weight of more than 16,000 pounds, (ii) is
15registered within an affected area, and (iii) is a 2 year or
16older model year, an annual emission inspection test shall be
17conducted at an official testing station certified by the
18Illinois Department of Transportation to perform diesel
19emission inspections pursuant to the standards set forth in
20subsection (b) of this Section. This annual emission inspection
21test may be conducted in conjunction with a semi-annual safety
23    (a-5) (Blank). Beginning October 1, 2000, the Department of
24State Police is authorized to perform nonscheduled emission
25inspections for cause, at any place within an affected area, of



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1any diesel powered vehicles that are operated on the roadways
2of this State, and are registered for a gross weight of more
3than 16,000 pounds or have a gross vehicle weight rating of
4more than 16,000 pounds. The inspections shall adhere to the
5procedures and standards set forth in subsection (b). These
6nonscheduled emission inspections shall be conducted by the
7Department of State Police at weigh stations, roadside, or
8other safe and reasonable locations within an affected area.
9Before any person may inspect a diesel vehicle under this
10Section, he or she must receive adequate training and
11certification for diesel emission inspections by the
12Department of State Police. The Department of State Police
13shall adopt rules for the training and certification of persons
14who conduct emission inspections under this Section.
15    (b) Diesel emission inspections conducted under this
16Chapter 13 shall be conducted in accordance with the Society of
17Automotive Engineers Recommended Practice J1667
18"Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel
19Powered Vehicles" and the cutpoint standards set forth in the
20United States Environmental Protection Agency guidance
21document "Guidance to States on Smoke Opacity Cutpoints to be
22used with the SAE J1667 In-Use Smoke Test Procedure". Those
23procedures and standards, as now in effect, are made a part of
24this Code, in the same manner as though they were set out in
25full in this Code.
26    Notwithstanding the above cutpoint standards, for motor



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1vehicles that are model years 1973 and older, until December
231, 2002, the level of peak smoke opacity shall not exceed 70
3percent. Beginning January 1, 2003, for motor vehicles that are
4model years 1973 and older, the level of peak smoke opacity
5shall not exceed 55 percent.
6    (c) If the annual emission inspection under subsection (a)
7reveals that the vehicle is not in compliance with the diesel
8emission standards set forth in subsection (b) of this Section,
9the operator of the official testing station shall issue a
10warning notice requiring correction of the violation. The
11correction shall be made and the vehicle submitted to an
12emissions retest at an official testing station certified by
13the Department to perform diesel emission inspections within 30
14days from the issuance of the warning notice requiring
15correction of the violation.
16    If, within 30 days from the issuance of the warning notice,
17the vehicle is not in compliance with the diesel emission
18standards set forth in subsection (b) as determined by an
19emissions retest at an official testing station, the operator
20of the official testing station or the Department shall place
21the vehicle out-of-service in accordance with the rules
22promulgated by the Department. Operating a vehicle that has
23been placed out-of-service under this subsection (c) is a petty
24offense punishable by a $1,000 fine. The vehicle must pass a
25diesel emission inspection at an official testing station
26before it is again placed in service. The Secretary of State,



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1Department of State Police, and other law enforcement officers
2shall enforce this Section. No emergency vehicle, as defined in
3Section 1-105, may be placed out-of-service pursuant to this
5    The Department or an official testing station may issue a
6certificate of waiver subsequent to a reinspection of a vehicle
7that failed the emissions inspection. Certificate of waiver
8shall be issued upon determination that documented proof
9demonstrates that emissions repair costs for the noncompliant
10vehicle of at least $3,000 have been spent in an effort to
11achieve compliance with the emission standards set forth in
12subsection (b). The Department of Transportation shall adopt
13rules for the implementation of this subsection including
14standards of documented proof as well as the criteria by which
15a waiver shall be granted.
16    (c-5) (Blank). If a nonscheduled inspection reveals that
17the vehicle is not in compliance with the diesel emission
18standards set forth in subsection (b), the operator of the
19vehicle is guilty of a petty offense punishable by a $400 fine,
20and a State Police officer shall issue a citation for a
21violation of the standards. A third or subsequent violation
22within one year of the first violation is a petty offense
23punishable by a $1,000 fine. An operator who receives a
24citation under this subsection shall not, within 30 days of the
25initial citation, receive a second or subsequent citation for
26operating the same vehicle in violation of the emission



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1standards set forth in subsection (b).
2    (d) (Blank). There is hereby created within the State
3Treasury a special fund to be known as the Diesel Emissions
4Testing Fund, constituted from the fines collected pursuant to
5subsections (c) and (c-5) of this Section. Subject to
6appropriation, moneys from the Diesel Emissions Testing Fund
7shall be available, as a supplement to moneys appropriated from
8the General Revenue Fund, to the Department of Transportation
9and the Department of State Police for their implementation of
10the diesel emission inspection requirements under this Chapter
1113. All moneys received from fines imposed under this Section
12shall be paid into the Diesel Emissions Testing Fund. All
13citations issued pursuant to this Section shall be considered
14non-moving violations. The Department of Transportation and
15the Department of State Police are authorized to promulgate
16rules to implement their responsibilities under this Section.
17(Source: P.A. 91-254, eff. 7-1-00; 91-865, eff. 7-1-00.)
18    (625 ILCS 5/13-114)  (from Ch. 95 1/2, par. 13-114)
19    Sec. 13-114. Interstate carriers of property. Any vehicle
20registered in Illinois and operated by an interstate carrier of
21property shall be exempt from the provisions of this Chapter
22provided such carrier has registered with the Bureau of Motor
23Carrier Safety of the Federal Highway Administration as an
24interstate motor carrier of property and has been assigned a
25federal census number by such Bureau. An interstate carrier of



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1property, however, is not exempt from the provisions of Section
213-111(b) of this Chapter.
3    Any vehicle registered in Illinois and operated by a
4private interstate carrier of property shall be exempt from the
5provisions of this Chapter, except the provisions of Section
613-111(b), provided it:
7        1. is registered with the Bureau of Motor Carrier
8    Safety of the Federal Highway Administration, and
9        2. carries in the motor vehicle documentation issued by
10    the Bureau of Motor Carrier Safety of the Federal Highway
11    Administration displaying the federal census number
12    assigned, and
13        3. displays on the sides of the motor vehicle the
14    census number, which must be no less than 2 inches high,
15    with a brush stroke no less than 1/4 inch wide in a
16    contrasting color.
17    Notwithstanding any other provision of this Section, each
18diesel powered vehicle that is registered for a gross weight of
19more than 16,000 pounds or has a gross vehicle weight rating of
20more than 16,000 pounds and that is operated by an interstate
21carrier of property or a private interstate carrier of property
22within the affected area is subject only to the provisions of
23this Chapter that pertain to nonscheduled diesel emission
25(Source: P.A. 91-254, eff. 7-1-00; 91-865, eff. 7-1-00.)



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1    (625 ILCS 5/13-116.1)
2    Sec. 13-116.1. Emission inspection funding. The Department
3of Transportation shall be reimbursed for all expenses related
4to the training, equipment, recordkeeping, and conducting of
5diesel powered emission inspections pursuant to this Chapter 13
6when that testing is conducted within the affected areas,
7subject to appropriation, from the General Revenue Fund and the
8Diesel Emissions Testing Fund. No moneys from any funds other
9than the General Revenue Fund and the Diesel Emissions Testing
10Fund shall be appropriated for diesel emission inspections
11under this Chapter 13.
12(Source: P.A. 91-254, eff. 7-1-00.)
13    Section 10. The Unified Code of Corrections is amended by
14changing Section 3-10-2 as follows:
15    (730 ILCS 5/3-10-2)  (from Ch. 38, par. 1003-10-2)
16    Sec. 3-10-2. Examination of Persons Committed to the
17Department of Juvenile Justice.
18    (a) A person committed to the Department of Juvenile
19Justice shall be examined in regard to his medical,
20psychological, social, educational and vocational condition
21and history, including the use of alcohol and other drugs, the
22circumstances of his offense and any other information as the
23Department of Juvenile Justice may determine.
24    (a-5) Upon admission of a person committed to the



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1Department of Juvenile Justice, the Department of Juvenile
2Justice must provide the person with appropriate information
3concerning HIV and AIDS in writing, verbally, or by video or
4other electronic means. The Department of Juvenile Justice
5shall develop the informational materials in consultation with
6the Department of Public Health. At the same time, the
7Department of Juvenile Justice also must offer the person the
8option of being tested, at no charge to the person, for
9infection with human immunodeficiency virus (HIV). Pre-test
10information shall be provided to the committed person and
11informed consent obtained as required in subsection (q) of
12Section 3 and Section 5 of the AIDS Confidentiality Act. The
13Department of Juvenile Justice may conduct opt-out HIV testing
14as defined in Section 4 of the AIDS Confidentiality Act. If the
15Department conducts opt-out HIV testing, the Department shall
16place signs in English, Spanish and other languages as needed
17in multiple, highly visible locations in the area where HIV
18testing is conducted informing inmates that they will be tested
19for HIV unless they refuse, and refusal or acceptance of
20testing shall be documented in the inmate's medical record. The
21Department shall follow procedures established by the
22Department of Public Health to conduct HIV testing and testing
23to confirm positive HIV test results. All testing must be
24conducted by medical personnel, but pre-test and other
25information may be provided by committed persons who have
26received appropriate training. The Department, in conjunction



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1with the Department of Public Health, shall develop a plan that
2complies with the AIDS Confidentiality Act to deliver
3confidentially all positive or negative HIV test results to
4inmates or former inmates. Nothing in this Section shall
5require the Department to offer HIV testing to an inmate who is
6known to be infected with HIV, or who has been tested for HIV
7within the previous 180 days and whose documented HIV test
8result is available to the Department electronically. The
9testing provided under this subsection (a-5) shall consist of a
10test approved by the Illinois Department of Public Health to
11determine the presence of HIV infection, based upon
12recommendations of the United States Centers for Disease
13Control and Prevention. If the test result is positive, a
14reliable supplemental test based upon recommendations of the
15United States Centers for Disease Control and Prevention shall
16be administered.
17    Also upon admission of a person committed to the Department
18of Juvenile Justice, the Department of Juvenile Justice must
19inform the person of the Department's obligation to provide the
20person with medical care.
21    (b) Based on its examination, the Department of Juvenile
22Justice may exercise the following powers in developing a
23treatment program of any person committed to the Department of
24Juvenile Justice:
25        (1) Require participation by him in vocational,
26    physical, educational and corrective training and



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1    activities to return him to the community.
2        (2) Place him in any institution or facility of the
3    Department of Juvenile Justice.
4        (3) Order replacement or referral to the Parole and
5    Pardon Board as often as it deems desirable. The Department
6    of Juvenile Justice shall refer the person to the Parole
7    and Pardon Board as required under Section 3-3-4.
8        (4) Enter into agreements with the Secretary of Human
9    Services and the Director of Children and Family Services,
10    with courts having probation officers, and with private
11    agencies or institutions for separate care or special
12    treatment of persons subject to the control of the
13    Department of Juvenile Justice.
14    (c) The Department of Juvenile Justice shall make periodic
15reexamination of all persons under the control of the
16Department of Juvenile Justice to determine whether existing
17orders in individual cases should be modified or continued.
18This examination shall be made with respect to every person at
19least once annually.
20    (d) A record of the treatment decision including any
21modification thereof and the reason therefor, shall be part of
22the committed person's master record file.
23    (e) The Department of Juvenile Justice shall by regular
24certified mail and telephone or electronic message notify the
25parent, guardian or nearest relative of any person committed to
26the Department of Juvenile Justice of his or her physical



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1location and any change thereof.
2(Source: P.A. 98-689, eff. 1-1-15; 98-1046, eff. 1-1-15; 99-78,
3eff. 7-20-15.)
4    Section 15. The State Mandates Act is amended by adding
5Section 8.41 as follows:
6    (30 ILCS 805/8.41 new)
7    Sec. 8.41. Exempt mandate. Notwithstanding Section 6 and 8
8of this Act, no reimbursement by the State is required for the
9implementation of any mandate created by this amendatory Act of
10the 100th General Assembly.
11    (30 ILCS 105/5.508 rep.)
12    Section 20. The State Finance Act is amended by repealing
13Section 5.508.
14    Section 97. Severability. The provisions of this Act are
15severable under Section 1.31 of the Statute on Statutes.
16    Section 99. Effective date. This Act takes effect upon
17becoming law.