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Public Act 100-0700
Public Act 0700 100TH GENERAL ASSEMBLY
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Public Act 100-0700
| | SB1008 Enrolled | LRB100 08330 WGH 18439 b |
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| AN ACT concerning State government.
| 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 | Sections 13-102.1, 13-109.1, 13-114, and 13-116.1 as follows:
| (625 ILCS 5/13-102.1)
| Sec. 13-102.1. Diesel powered vehicle emission inspection | report.
Beginning July
1, 2000, the Department of | Transportation and the Department of State
Police
shall each
| conduct an annual study concerned with the results
of
emission | inspections for diesel powered vehicles registered for a gross | weight
of more than 16,000 pounds or having a gross vehicle | weight rating of more
than 16,000 pounds. The
study studies
| shall be reported to the General Assembly by June 30, 2001, and | every
June
30 thereafter. The study studies shall also be sent | to the Illinois
Environmental
Protection Agency for its use in | environmental matters.
| The study studies shall include, but not be limited to, the | following information:
| (a) the number of diesel powered vehicles
that were
| inspected for emission compliance by the respective | departments
pursuant to
this Chapter 13 during the previous | year;
|
| (b) the number of diesel powered vehicles that failed | and passed the
emission
inspections conducted by the | respective departments required pursuant to
this
Chapter
| 13 during the previous year; and
| (c) the number of diesel powered vehicles that failed | the emission
inspections conducted by the respective | departments
pursuant to this Chapter 13 more than
once in
| the previous year.
| (Source: P.A. 91-254, eff. 7-1-00; 91-865, eff. 7-1-00.)
| (625 ILCS 5/13-109.1)
| Sec. 13-109.1.
Annual and nonscheduled emission inspection | tests;
standards; penalties;
funds.
| (a) For each diesel powered vehicle that (i) is registered | for a gross
weight of
more than 16,000 pounds, (ii) is | registered within an affected area, and
(iii) is a 2 year
or | older model year, an annual emission
inspection test
shall be | conducted at an official testing station certified by the | Illinois
Department
of Transportation to perform
diesel | emission inspections pursuant to the standards set forth in
| subsection
(b) of this
Section. This annual emission inspection | test may be conducted in conjunction
with a
semi-annual safety | test.
| (a-5) (Blank). Beginning October 1, 2000, the Department of | State Police is
authorized to perform nonscheduled
emission
| inspections for cause, at any place within an affected area, of |
| any diesel
powered
vehicles that
are operated on the roadways | of this State, and are registered for a gross
weight of more | than 16,000 pounds or have a gross vehicle weight rating of | more
than 16,000 pounds. The inspections shall adhere to the | procedures and
standards set forth in subsection (b). These | nonscheduled emission
inspections shall be conducted by the | Department of State Police
at weigh stations, roadside, or | other safe and reasonable
locations within an affected area. | Before any person may inspect a diesel
vehicle
under this | Section, he or she must receive adequate training and | certification
for diesel emission inspections by the | Department of State Police. The
Department of State Police | shall adopt rules for the training
and certification of persons | who conduct emission inspections under this
Section.
| (b) Diesel emission inspections conducted under this | Chapter 13 shall be
conducted in accordance with the Society of | Automotive Engineers Recommended
Practice J1667
| "Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel | Powered
Vehicles" and the cutpoint standards set forth in the | United States
Environmental Protection Agency guidance
| document "Guidance to States on Smoke Opacity Cutpoints to be | used with the
SAE J1667 In-Use Smoke Test Procedure". Those | procedures and standards, as
now in effect, are made a part of | this Code, in the same manner as though they
were set out in | full in this Code.
| Notwithstanding the above cutpoint standards, for motor |
| vehicles that are
model years 1973 and
older, until
December | 31,
2002, the level of peak smoke opacity shall not exceed 70 | percent. Beginning
January
1, 2003, for motor vehicles that are | model years 1973 and older, the level of
peak smoke
opacity | shall not exceed 55 percent.
| (c) If the annual emission inspection under subsection (a) | reveals
that the vehicle is not in compliance with
the
diesel | emission standards set forth in subsection (b) of this Section, | the
operator of the
official
testing station shall issue a | warning notice requiring correction of the
violation. The | correction shall be made and the vehicle submitted to an
| emissions retest at an official testing station certified by | the Department to
perform diesel emission inspections within 30 | days from the issuance of the
warning notice requiring | correction of the violation.
| If, within 30 days from the issuance of the warning notice, | the vehicle is
not in compliance with the diesel
emission | standards set forth in subsection (b) as determined by an | emissions
retest at an official testing station, the operator | of the official
testing station or the Department shall place | the vehicle out-of-service in
accordance with the rules | promulgated by the Department. Operating a vehicle
that has | been placed out-of-service under this subsection (c) is a petty
| offense punishable by a $1,000 fine.
The vehicle must pass a | diesel emission inspection at an official testing
station | before it is again placed in service.
The Secretary of State, |
| Department of State Police, and other law enforcement
officers | shall enforce this Section.
No emergency vehicle, as defined in | Section 1-105, may be placed out-of-service
pursuant to this | Section.
| The Department or an official testing station may issue a | certificate of
waiver subsequent to a reinspection of a vehicle | that failed the emissions
inspection. Certificate of waiver | shall be issued upon determination that
documented proof | demonstrates that emissions repair costs for the noncompliant
| vehicle of at least $3,000 have been spent in an effort to | achieve
compliance with the emission standards set forth in | subsection (b). The
Department of Transportation shall adopt | rules for the implementation of this
subsection including | standards of documented proof as well as the criteria by
which | a waiver shall be granted.
| (c-5) (Blank). If a nonscheduled inspection reveals that | the vehicle is not in
compliance with the diesel emission | standards set forth in subsection (b), the
operator of the | vehicle is guilty of a petty offense punishable by a $400 fine,
| and a State Police
officer shall issue a citation for a | violation of the standards. A third or
subsequent violation | within one year of the first violation is a petty
offense | punishable by a $1,000 fine. An operator who receives a | citation
under this subsection shall not, within 30 days of the | initial citation,
receive
a second or subsequent citation for | operating the same vehicle in violation of
the emission |
| standards set forth in subsection (b).
| (d) (Blank). There is hereby created within the State | Treasury a special fund to be
known as the Diesel Emissions | Testing Fund, constituted from the fines
collected pursuant to | subsections (c) and (c-5) of this
Section.
Subject to | appropriation, moneys from the Diesel Emissions Testing Fund
| shall be available, as a supplement to moneys appropriated from | the General
Revenue Fund, to the Department of Transportation | and the Department of State
Police
for their implementation of | the diesel emission inspection
requirements
under this Chapter | 13.
All moneys received from fines imposed under this Section | shall be
paid into
the Diesel Emissions Testing Fund.
All | citations issued pursuant to this Section
shall be considered | non-moving violations.
The Department of Transportation and | the Department of State Police are
authorized to promulgate | rules to implement their
responsibilities under this Section.
| (Source: P.A. 91-254, eff. 7-1-00; 91-865, eff. 7-1-00.)
| (625 ILCS 5/13-114) (from Ch. 95 1/2, par. 13-114)
| Sec. 13-114. Interstate carriers of property. Any vehicle | registered in Illinois and operated by an interstate carrier
of | property shall be exempt from the provisions of
this Chapter | provided such carrier has registered with the Bureau of
Motor | Carrier Safety of the Federal Highway Administration
as an | interstate motor carrier of property and has been assigned a
| federal census number by such Bureau. An interstate carrier of
|
| property, however, is not exempt from the provisions of
Section | 13-111(b)
of this Chapter.
| Any vehicle registered in Illinois and operated by a | private interstate
carrier of property shall be exempt from the | provisions of this Chapter,
except the provisions of Section | 13-111(b),
provided it:
| 1. is registered with the Bureau of Motor Carrier | Safety of the Federal
Highway Administration, and
| 2. carries in the motor vehicle documentation issued by | the Bureau of
Motor Carrier Safety of the Federal Highway | Administration displaying the
federal census number | assigned, and
| 3. displays on the sides of the motor vehicle the | census number, which
must be no less than 2 inches high, | with a brush stroke no less than
1/4 inch wide in a | contrasting color.
| Notwithstanding any other provision of this Section, each | diesel powered
vehicle that is registered
for a gross weight of | more than 16,000 pounds or has a gross vehicle weight
rating of | more than 16,000 pounds and that is operated by an interstate | carrier of property or a
private interstate
carrier of property | within the affected area is subject only
to the
provisions of
| this Chapter that pertain to nonscheduled diesel emission | inspections.
| (Source: P.A. 91-254, eff. 7-1-00; 91-865, eff. 7-1-00.)
|
| (625 ILCS 5/13-116.1)
| Sec. 13-116.1. Emission inspection funding. The Department | of
Transportation
shall be reimbursed for all expenses
related | to the training, equipment, recordkeeping, and conducting of
| diesel powered emission inspections pursuant to this Chapter 13 | when that
testing is conducted within the affected areas, | subject to
appropriation,
from the General Revenue Fund and the | Diesel Emissions Testing Fund. No moneys
from any funds other | than the General
Revenue Fund and the Diesel Emissions Testing | Fund shall be appropriated for
diesel emission inspections | under
this
Chapter 13.
| (Source: P.A. 91-254, eff. 7-1-00.)
| Section 10. The Unified Code of Corrections is amended by | changing Section 3-10-2 as follows:
| (730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
| Sec. 3-10-2. Examination of Persons Committed to the | Department of Juvenile Justice.
| (a) A person committed to the Department of Juvenile | Justice shall be examined in
regard to his medical, | psychological, social, educational and vocational
condition | and history, including the use of alcohol and other drugs,
the | circumstances of his offense and any other
information as the | Department of Juvenile Justice may determine.
| (a-5) Upon admission of a person committed to the |
| Department of Juvenile Justice, the Department of Juvenile | Justice must provide the person with appropriate information | concerning HIV and AIDS in writing, verbally, or by video or | other electronic means. The Department of Juvenile Justice | shall develop the informational materials in consultation with | the Department of Public Health. At the same time, the | Department of Juvenile Justice also must offer the person the | option of being tested, at no charge to the person, for | infection with human immunodeficiency virus (HIV). Pre-test | information shall be provided to the committed person and | informed consent obtained as required in subsection (q) of | Section 3 and Section 5 of the AIDS Confidentiality Act. The | Department of Juvenile Justice may conduct opt-out HIV testing | as defined in Section 4 of the AIDS Confidentiality Act. If the | Department conducts opt-out HIV testing, the Department shall | place signs in English, Spanish and other languages as needed | in multiple, highly visible locations in the area where HIV | testing is conducted informing inmates that they will be tested | for HIV unless they refuse, and refusal or acceptance of | testing shall be documented in the inmate's medical record. The | Department shall follow procedures established by the | Department of Public Health to conduct HIV testing and testing | to confirm positive HIV test results. All testing must be | conducted by medical personnel, but pre-test and other | information may be provided by committed persons who have | received appropriate training. The Department, in conjunction |
| with the Department of Public Health, shall develop a plan that | complies with the AIDS Confidentiality Act to deliver | confidentially all positive or negative HIV test results to | inmates or former inmates. Nothing in this Section shall | require the Department to offer HIV testing to an inmate who is | known to be infected with HIV, or who has been tested for HIV | within the previous 180 days and whose documented HIV test | result is available to the Department electronically. The
| testing provided under this subsection (a-5) shall consist of a | test approved by the Illinois Department of Public Health to | determine the presence of HIV infection, based upon | recommendations of the United States Centers for Disease | Control and Prevention. If the test result is positive, a | reliable supplemental test based upon recommendations of the | United States Centers for Disease Control and Prevention shall | be
administered. | Also upon admission of a person committed to the Department | of Juvenile Justice, the Department of Juvenile Justice must | inform the person of the Department's obligation to provide the | person with medical care.
| (b) Based on its examination, the Department of Juvenile | Justice may exercise the following
powers in developing a | treatment program of any person committed to the Department of | Juvenile Justice:
| (1) Require participation by him in vocational, | physical, educational
and corrective training and |
| activities to return him to the community.
| (2) Place him in any institution or facility of the | Department of Juvenile Justice.
| (3) Order replacement or referral to the Parole and | Pardon Board as
often as it deems desirable. The Department | of Juvenile Justice shall refer the person to the
Parole | and Pardon Board as required under Section 3-3-4.
| (4) Enter into agreements with the Secretary of Human | Services and
the Director of Children and Family
Services, | with courts having probation officers, and with private | agencies
or institutions for separate care or special | treatment of persons subject
to the control of the | Department of Juvenile Justice.
| (c) The Department of Juvenile Justice shall make periodic | reexamination of all persons
under the control of the | Department of Juvenile Justice to determine whether existing
| orders in individual cases should be modified or continued. | This
examination shall be made with respect to every person at | least once
annually.
| (d) A record of the treatment decision including any | modification
thereof and the reason therefor, shall be part of | the committed person's
master record file.
| (e) The Department of Juvenile Justice shall by regular | certified mail and telephone or electronic message
notify the | parent, guardian or nearest relative of any person committed to
| the Department of Juvenile Justice of his or her physical |
| location and any change thereof.
| (Source: P.A. 98-689, eff. 1-1-15; 98-1046, eff. 1-1-15; 99-78, | eff. 7-20-15.)
| Section 15. The State Mandates Act is amended by adding | Section 8.41 as follows:
| (30 ILCS 805/8.41 new) | Sec. 8.41. Exempt mandate. Notwithstanding Section 6 and 8 | of this Act, no reimbursement by the State is required for the | implementation of any mandate created by this amendatory Act of | the 100th General Assembly.
| (30 ILCS 105/5.508 rep.)
| Section 20. The State Finance Act is amended by repealing | Section 5.508.
| Section 97. Severability. The provisions of this Act are | severable under Section 1.31 of the Statute on Statutes.
| Section 99. Effective date. This Act takes effect upon | becoming law.
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Effective Date: 8/3/2018
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