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| Public Act 100-0700 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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:
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(625 ILCS 5/13-102.1)
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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
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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
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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.
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The study studies shall include, but not be limited to, the | ||||
following information:
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(a) the number of diesel powered vehicles
that were
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inspected for emission compliance by the respective | ||||
departments
pursuant to
this Chapter 13 during the previous | ||||
year;
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(b) the number of diesel powered vehicles that failed | ||
and passed the
emission
inspections conducted by the | ||
respective departments required pursuant to
this
Chapter
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13 during the previous year; and
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(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
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the previous year.
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(Source: P.A. 91-254, eff. 7-1-00; 91-865, eff. 7-1-00.)
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(625 ILCS 5/13-109.1)
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Sec. 13-109.1.
Annual and nonscheduled emission inspection | ||
tests;
standards; penalties;
funds.
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(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
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subsection
(b) of this
Section. This annual emission inspection | ||
test may be conducted in conjunction
with a
semi-annual safety | ||
test.
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(a-5) (Blank). Beginning October 1, 2000, the Department of | ||
State Police is
authorized to perform nonscheduled
emission
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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.
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(b) Diesel emission inspections conducted under this | ||
Chapter 13 shall be
conducted in accordance with the Society of | ||
Automotive Engineers Recommended
Practice J1667
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"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
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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.
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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.
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(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
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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.
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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
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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.
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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
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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.
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(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,
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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).
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(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
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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.
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(Source: P.A. 91-254, eff. 7-1-00; 91-865, eff. 7-1-00.)
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(625 ILCS 5/13-114) (from Ch. 95 1/2, par. 13-114)
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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
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federal census number by such Bureau. An interstate carrier of
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property, however, is not exempt from the provisions of
Section | ||
13-111(b)
of this Chapter.
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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:
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1. is registered with the Bureau of Motor Carrier | ||
Safety of the Federal
Highway Administration, and
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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
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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.
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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
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this Chapter that pertain to nonscheduled diesel emission | ||
inspections.
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(Source: P.A. 91-254, eff. 7-1-00; 91-865, eff. 7-1-00.)
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(625 ILCS 5/13-116.1)
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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
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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.
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(Source: P.A. 91-254, eff. 7-1-00.)
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Section 10. The Unified Code of Corrections is amended by | ||
changing Section 3-10-2 as follows:
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(730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
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Sec. 3-10-2. Examination of Persons Committed to the | ||
Department of Juvenile Justice.
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(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.
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(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
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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.
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(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:
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(1) Require participation by him in vocational, | ||
physical, educational
and corrective training and | ||
activities to return him to the community.
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(2) Place him in any institution or facility of the | ||
Department of Juvenile Justice.
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(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.
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(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.
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(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
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orders in individual cases should be modified or continued. | ||
This
examination shall be made with respect to every person at | ||
least once
annually.
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(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.
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(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
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the Department of Juvenile Justice of his or her physical | ||
location and any change thereof.
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(Source: P.A. 98-689, eff. 1-1-15; 98-1046, eff. 1-1-15; 99-78, | ||
eff. 7-20-15.)
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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.
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(30 ILCS 105/5.508 rep.)
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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.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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