Bill Text: IL SB1008 | 2017-2018 | 100th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Government Electronic Records Act. Makes a technical change in a Section concerning the short title.
Spectrum: Bipartisan Bill
Status: (Passed) 2018-08-03 - Public Act . . . . . . . . . 100-0700 [SB1008 Detail]
Download: Illinois-2017-SB1008-Engrossed.html
Bill Title: Amends the Government Electronic Records Act. Makes a technical change in a Section concerning the short title.
Spectrum: Bipartisan Bill
Status: (Passed) 2018-08-03 - Public Act . . . . . . . . . 100-0700 [SB1008 Detail]
Download: Illinois-2017-SB1008-Engrossed.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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:
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6 | (625 ILCS 5/13-102.1)
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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
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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
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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.
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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
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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
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4 | 13 during the previous year; and
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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
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8 | the previous year.
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9 | (Source: P.A. 91-254, eff. 7-1-00; 91-865, eff. 7-1-00.)
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10 | (625 ILCS 5/13-109.1)
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11 | Sec. 13-109.1.
Annual and nonscheduled emission inspection | ||||||
12 | tests;
standards; penalties;
funds.
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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.
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23 | (a-5) (Blank). Beginning October 1, 2000, the Department of | ||||||
24 | State Police is
authorized to perform nonscheduled
emission
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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.
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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
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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.
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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
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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.
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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
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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.
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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.
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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,
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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).
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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
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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.
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17 | (Source: P.A. 91-254, eff. 7-1-00; 91-865, eff. 7-1-00.)
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18 | (625 ILCS 5/13-114) (from Ch. 95 1/2, par. 13-114)
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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
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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.
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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:
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7 | 1. is registered with the Bureau of Motor Carrier | ||||||
8 | Safety of the Federal
Highway Administration, and
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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
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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.
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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
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23 | this Chapter that pertain to nonscheduled diesel emission | ||||||
24 | inspections.
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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)
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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
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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.
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12 | (Source: P.A. 91-254, eff. 7-1-00.)
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13 | Section 10. The Unified Code of Corrections is amended by | ||||||
14 | changing Section 3-10-2 as follows:
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15 | (730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
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16 | Sec. 3-10-2. Examination of Persons Committed to the | ||||||
17 | Department of Juvenile Justice.
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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.
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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
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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.
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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:
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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.
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2 | (2) Place him in any institution or facility of the | ||||||
3 | Department of Juvenile Justice.
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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.
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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.
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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
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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.
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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.
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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
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26 | the Department of Juvenile Justice of his or her physical |
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1 | location and any change thereof.
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2 | (Source: P.A. 98-689, eff. 1-1-15; 98-1046, eff. 1-1-15; 99-78, | ||||||
3 | eff. 7-20-15.)
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4 | Section 15. The State Mandates Act is amended by adding | ||||||
5 | Section 8.41 as follows:
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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.
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11 | (30 ILCS 105/5.508 rep.)
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12 | Section 20. The State Finance Act is amended by repealing | ||||||
13 | Section 5.508.
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14 | Section 97. Severability. The provisions of this Act are | ||||||
15 | severable under Section 1.31 of the Statute on Statutes.
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16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.
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