Full Text of SB1008 100th General Assembly
SB1008enr 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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Sections 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 | 8 | | report.
Beginning July
1, 2000, the Department of | 9 | | Transportation and the Department of State
Police
shall each
| 10 | | conduct an annual study concerned with the results
of
emission | 11 | | inspections for diesel powered vehicles registered for a gross | 12 | | weight
of more than 16,000 pounds or having a gross vehicle | 13 | | weight rating of more
than 16,000 pounds. The
study studies
| 14 | | shall be reported to the General Assembly by June 30, 2001, and | 15 | | every
June
30 thereafter. The study studies shall also be sent | 16 | | to the Illinois
Environmental
Protection Agency for its use in | 17 | | environmental matters.
| 18 | | The study studies shall include, but not be limited to, the | 19 | | following 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 | 12 | | tests;
standards; penalties;
funds.
| 13 | | (a) For each diesel powered vehicle that (i) is registered | 14 | | for a gross
weight of
more than 16,000 pounds, (ii) is | 15 | | registered within an affected area, and
(iii) is a 2 year
or | 16 | | older model year, an annual emission
inspection test
shall be | 17 | | conducted at an official testing station certified by the | 18 | | Illinois
Department
of Transportation to perform
diesel | 19 | | emission inspections pursuant to the standards set forth in
| 20 | | subsection
(b) of this
Section. This annual emission inspection | 21 | | test may be conducted in conjunction
with a
semi-annual safety | 22 | | test.
| 23 | | (a-5) (Blank). Beginning October 1, 2000, the Department of | 24 | | State Police is
authorized to perform nonscheduled
emission
| 25 | | inspections for cause, at any place within an affected area, of |
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| 1 | | any diesel
powered
vehicles that
are operated on the roadways | 2 | | of this State, and are registered for a gross
weight of more | 3 | | than 16,000 pounds or have a gross vehicle weight rating of | 4 | | more
than 16,000 pounds. The inspections shall adhere to the | 5 | | procedures and
standards set forth in subsection (b). These | 6 | | nonscheduled emission
inspections shall be conducted by the | 7 | | Department of State Police
at weigh stations, roadside, or | 8 | | other safe and reasonable
locations within an affected area. | 9 | | Before any person may inspect a diesel
vehicle
under this | 10 | | Section, he or she must receive adequate training and | 11 | | certification
for diesel emission inspections by the | 12 | | Department of State Police. The
Department of State Police | 13 | | shall adopt rules for the training
and certification of persons | 14 | | who conduct emission inspections under this
Section.
| 15 | | (b) Diesel emission inspections conducted under this | 16 | | Chapter 13 shall be
conducted in accordance with the Society of | 17 | | Automotive Engineers Recommended
Practice J1667
| 18 | | "Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel | 19 | | Powered
Vehicles" and the cutpoint standards set forth in the | 20 | | United States
Environmental Protection Agency guidance
| 21 | | document "Guidance to States on Smoke Opacity Cutpoints to be | 22 | | used with the
SAE J1667 In-Use Smoke Test Procedure". Those | 23 | | procedures and standards, as
now in effect, are made a part of | 24 | | this Code, in the same manner as though they
were set out in | 25 | | full in this Code.
| 26 | | Notwithstanding the above cutpoint standards, for motor |
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| 1 | | vehicles that are
model years 1973 and
older, until
December | 2 | | 31,
2002, the level of peak smoke opacity shall not exceed 70 | 3 | | percent. Beginning
January
1, 2003, for motor vehicles that are | 4 | | model years 1973 and older, the level of
peak smoke
opacity | 5 | | shall not exceed 55 percent.
| 6 | | (c) If the annual emission inspection under subsection (a) | 7 | | reveals
that the vehicle is not in compliance with
the
diesel | 8 | | emission standards set forth in subsection (b) of this Section, | 9 | | the
operator of the
official
testing station shall issue a | 10 | | warning notice requiring correction of the
violation. The | 11 | | correction shall be made and the vehicle submitted to an
| 12 | | emissions retest at an official testing station certified by | 13 | | the Department to
perform diesel emission inspections within 30 | 14 | | days from the issuance of the
warning notice requiring | 15 | | correction of the violation.
| 16 | | If, within 30 days from the issuance of the warning notice, | 17 | | the vehicle is
not in compliance with the diesel
emission | 18 | | standards set forth in subsection (b) as determined by an | 19 | | emissions
retest at an official testing station, the operator | 20 | | of the official
testing station or the Department shall place | 21 | | the vehicle out-of-service in
accordance with the rules | 22 | | promulgated by the Department. Operating a vehicle
that has | 23 | | been placed out-of-service under this subsection (c) is a petty
| 24 | | offense punishable by a $1,000 fine.
The vehicle must pass a | 25 | | diesel emission inspection at an official testing
station | 26 | | before it is again placed in service.
The Secretary of State, |
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| 1 | | Department of State Police, and other law enforcement
officers | 2 | | shall enforce this Section.
No emergency vehicle, as defined in | 3 | | Section 1-105, may be placed out-of-service
pursuant to this | 4 | | Section.
| 5 | | The Department or an official testing station may issue a | 6 | | certificate of
waiver subsequent to a reinspection of a vehicle | 7 | | that failed the emissions
inspection. Certificate of waiver | 8 | | shall be issued upon determination that
documented proof | 9 | | demonstrates that emissions repair costs for the noncompliant
| 10 | | vehicle of at least $3,000 have been spent in an effort to | 11 | | achieve
compliance with the emission standards set forth in | 12 | | subsection (b). The
Department of Transportation shall adopt | 13 | | rules for the implementation of this
subsection including | 14 | | standards of documented proof as well as the criteria by
which | 15 | | a waiver shall be granted.
| 16 | | (c-5) (Blank). If a nonscheduled inspection reveals that | 17 | | the vehicle is not in
compliance with the diesel emission | 18 | | standards set forth in subsection (b), the
operator of the | 19 | | vehicle is guilty of a petty offense punishable by a $400 fine,
| 20 | | and a State Police
officer shall issue a citation for a | 21 | | violation of the standards. A third or
subsequent violation | 22 | | within one year of the first violation is a petty
offense | 23 | | punishable by a $1,000 fine. An operator who receives a | 24 | | citation
under this subsection shall not, within 30 days of the | 25 | | initial citation,
receive
a second or subsequent citation for | 26 | | operating the same vehicle in violation of
the emission |
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| 1 | | standards set forth in subsection (b).
| 2 | | (d) (Blank). There is hereby created within the State | 3 | | Treasury a special fund to be
known as the Diesel Emissions | 4 | | Testing Fund, constituted from the fines
collected pursuant to | 5 | | subsections (c) and (c-5) of this
Section.
Subject to | 6 | | appropriation, moneys from the Diesel Emissions Testing Fund
| 7 | | shall be available, as a supplement to moneys appropriated from | 8 | | the General
Revenue Fund, to the Department of Transportation | 9 | | and the Department of State
Police
for their implementation of | 10 | | the diesel emission inspection
requirements
under this Chapter | 11 | | 13.
All moneys received from fines imposed under this Section | 12 | | shall be
paid into
the Diesel Emissions Testing Fund.
All | 13 | | citations issued pursuant to this Section
shall be considered | 14 | | non-moving violations.
The Department of Transportation and | 15 | | the Department of State Police are
authorized to promulgate | 16 | | rules 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 | 20 | | registered in Illinois and operated by an interstate carrier
of | 21 | | property shall be exempt from the provisions of
this Chapter | 22 | | provided such carrier has registered with the Bureau of
Motor | 23 | | Carrier Safety of the Federal Highway Administration
as an | 24 | | interstate motor carrier of property and has been assigned a
| 25 | | federal census number by such Bureau. An interstate carrier of
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| 1 | | property, however, is not exempt from the provisions of
Section | 2 | | 13-111(b)
of this Chapter.
| 3 | | Any vehicle registered in Illinois and operated by a | 4 | | private interstate
carrier of property shall be exempt from the | 5 | | provisions of this Chapter,
except the provisions of Section | 6 | | 13-111(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 | 18 | | diesel powered
vehicle that is registered
for a gross weight of | 19 | | more than 16,000 pounds or has a gross vehicle weight
rating of | 20 | | more than 16,000 pounds and that is operated by an interstate | 21 | | carrier of property or a
private interstate
carrier of property | 22 | | within the affected area is subject only
to the
provisions of
| 23 | | this Chapter that pertain to nonscheduled diesel emission | 24 | | inspections.
| 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 | 3 | | of
Transportation
shall be reimbursed for all expenses
related | 4 | | to the training, equipment, recordkeeping, and conducting of
| 5 | | diesel powered emission inspections pursuant to this Chapter 13 | 6 | | when that
testing is conducted within the affected areas, | 7 | | subject to
appropriation,
from the General Revenue Fund and the | 8 | | Diesel Emissions Testing Fund . No moneys
from any funds other | 9 | | than the General
Revenue Fund and the Diesel Emissions Testing | 10 | | Fund shall be appropriated for
diesel emission inspections | 11 | | under
this
Chapter 13.
| 12 | | (Source: P.A. 91-254, eff. 7-1-00.)
| 13 | | Section 10. The Unified Code of Corrections is amended by | 14 | | changing 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 | 17 | | Department of Juvenile Justice.
| 18 | | (a) A person committed to the Department of Juvenile | 19 | | Justice shall be examined in
regard to his medical, | 20 | | psychological, social, educational and vocational
condition | 21 | | and history, including the use of alcohol and other drugs,
the | 22 | | circumstances of his offense and any other
information as the | 23 | | Department of Juvenile Justice may determine.
| 24 | | (a-5) Upon admission of a person committed to the |
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| 1 | | Department of Juvenile Justice, the Department of Juvenile | 2 | | Justice must provide the person with appropriate information | 3 | | concerning HIV and AIDS in writing, verbally, or by video or | 4 | | other electronic means. The Department of Juvenile Justice | 5 | | shall develop the informational materials in consultation with | 6 | | the Department of Public Health. At the same time, the | 7 | | Department of Juvenile Justice also must offer the person the | 8 | | option of being tested, at no charge to the person, for | 9 | | infection with human immunodeficiency virus (HIV). Pre-test | 10 | | information shall be provided to the committed person and | 11 | | informed consent obtained as required in subsection (q) of | 12 | | Section 3 and Section 5 of the AIDS Confidentiality Act. The | 13 | | Department of Juvenile Justice may conduct opt-out HIV testing | 14 | | as defined in Section 4 of the AIDS Confidentiality Act. If the | 15 | | Department conducts opt-out HIV testing, the Department shall | 16 | | place signs in English, Spanish and other languages as needed | 17 | | in multiple, highly visible locations in the area where HIV | 18 | | testing is conducted informing inmates that they will be tested | 19 | | for HIV unless they refuse, and refusal or acceptance of | 20 | | testing shall be documented in the inmate's medical record. The | 21 | | Department shall follow procedures established by the | 22 | | Department of Public Health to conduct HIV testing and testing | 23 | | to confirm positive HIV test results. All testing must be | 24 | | conducted by medical personnel, but pre-test and other | 25 | | information may be provided by committed persons who have | 26 | | received appropriate training. The Department, in conjunction |
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| 1 | | with the Department of Public Health, shall develop a plan that | 2 | | complies with the AIDS Confidentiality Act to deliver | 3 | | confidentially all positive or negative HIV test results to | 4 | | inmates or former inmates. Nothing in this Section shall | 5 | | require the Department to offer HIV testing to an inmate who is | 6 | | known to be infected with HIV, or who has been tested for HIV | 7 | | within the previous 180 days and whose documented HIV test | 8 | | result is available to the Department electronically. The
| 9 | | testing provided under this subsection (a-5) shall consist of a | 10 | | test approved by the Illinois Department of Public Health to | 11 | | determine the presence of HIV infection, based upon | 12 | | recommendations of the United States Centers for Disease | 13 | | Control and Prevention. If the test result is positive, a | 14 | | reliable supplemental test based upon recommendations of the | 15 | | United States Centers for Disease Control and Prevention shall | 16 | | be
administered. | 17 | | Also upon admission of a person committed to the Department | 18 | | of Juvenile Justice, the Department of Juvenile Justice must | 19 | | inform the person of the Department's obligation to provide the | 20 | | person with medical care.
| 21 | | (b) Based on its examination, the Department of Juvenile | 22 | | Justice may exercise the following
powers in developing a | 23 | | treatment program of any person committed to the Department of | 24 | | Juvenile 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 | 15 | | reexamination of all persons
under the control of the | 16 | | Department of Juvenile Justice to determine whether existing
| 17 | | orders in individual cases should be modified or continued. | 18 | | This
examination shall be made with respect to every person at | 19 | | least once
annually.
| 20 | | (d) A record of the treatment decision including any | 21 | | modification
thereof and the reason therefor, shall be part of | 22 | | the committed person's
master record file.
| 23 | | (e) The Department of Juvenile Justice shall by regular | 24 | | certified mail and telephone or electronic message
notify the | 25 | | parent, guardian or nearest relative of any person committed to
| 26 | | the Department of Juvenile Justice of his or her physical |
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| 1 | | location and any change thereof.
| 2 | | (Source: P.A. 98-689, eff. 1-1-15; 98-1046, eff. 1-1-15; 99-78, | 3 | | eff. 7-20-15.)
| 4 | | Section 15. The State Mandates Act is amended by adding | 5 | | Section 8.41 as follows: | 6 | | (30 ILCS 805/8.41 new) | 7 | | Sec. 8.41. Exempt mandate. Notwithstanding Section 6 and 8 | 8 | | of this Act, no reimbursement by the State is required for the | 9 | | implementation of any mandate created by this amendatory Act of | 10 | | the 100th General Assembly.
| 11 | | (30 ILCS 105/5.508 rep.)
| 12 | | Section 20. The State Finance Act is amended by repealing | 13 | | Section 5.508. | 14 | | Section 97. Severability. The provisions of this Act are | 15 | | severable under Section 1.31 of the Statute on Statutes.
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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