97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5113

 

Introduced 2/8/2012, by Rep. Daniel V. Beiser

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Motor Vehicle Theft Prevention Act. Changes the short title of the Act to the Illinois Motor Vehicle Insurance Fraud and Theft Prevention Act. Changes the name of the Illinois Motor Vehicle Theft Prevention Council to the Illinois Motor Vehicle Insurance Fraud and Theft Prevention Council. Changes the name of the Motor Vehicle Theft Prevention Trust Fund to the Motor Vehicle Insurance Fraud and Theft Prevention Trust Fund. Makes conforming changes concerning the changes of the names of the Act, the Council, and the Trust Fund. Amends the Illinois Vehicle Code. Changes the name of the Motor Vehicle Theft Prevention Program to the Motor Vehicle Insurance Fraud and Theft Prevention Program. Makes conforming changes concerning change of the name of the Program. Amends the Illinois Criminal Justice Information Act and the State Finance Act to make conforming changes concerning the changes of the names of the Illinois Motor Vehicle Theft Prevention Act and the Motor Vehicle Theft Prevention Trust Fund. Effective January 1, 2013.


LRB097 19997 PJG 65297 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5113LRB097 19997 PJG 65297 b

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 Criminal Justice Information Act is
5amended by changing Section 7 as follows:
 
6    (20 ILCS 3930/7)  (from Ch. 38, par. 210-7)
7    Sec. 7. Powers and Duties. The Authority shall have the
8following powers, duties and responsibilities:
9        (a) To develop and operate comprehensive information
10    systems for the improvement and coordination of all aspects
11    of law enforcement, prosecution and corrections;
12        (b) To define, develop, evaluate and correlate State
13    and local programs and projects associated with the
14    improvement of law enforcement and the administration of
15    criminal justice;
16        (c) To act as a central repository and clearing house
17    for federal, state and local research studies, plans,
18    projects, proposals and other information relating to all
19    aspects of criminal justice system improvement and to
20    encourage educational programs for citizen support of
21    State and local efforts to make such improvements;
22        (d) To undertake research studies to aid in
23    accomplishing its purposes;

 

 

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1        (e) To monitor the operation of existing criminal
2    justice information systems in order to protect the
3    constitutional rights and privacy of individuals about
4    whom criminal history record information has been
5    collected;
6        (f) To provide an effective administrative forum for
7    the protection of the rights of individuals concerning
8    criminal history record information;
9        (g) To issue regulations, guidelines and procedures
10    which ensure the privacy and security of criminal history
11    record information consistent with State and federal laws;
12        (h) To act as the sole administrative appeal body in
13    the State of Illinois to conduct hearings and make final
14    determinations concerning individual challenges to the
15    completeness and accuracy of criminal history record
16    information;
17        (i) To act as the sole, official, criminal justice body
18    in the State of Illinois to conduct annual and periodic
19    audits of the procedures, policies, and practices of the
20    State central repositories for criminal history record
21    information to verify compliance with federal and state
22    laws and regulations governing such information;
23        (j) To advise the Authority's Statistical Analysis
24    Center;
25        (k) To apply for, receive, establish priorities for,
26    allocate, disburse and spend grants of funds that are made

 

 

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1    available by and received on or after January 1, 1983 from
2    private sources or from the United States pursuant to the
3    federal Crime Control Act of 1973, as amended, and similar
4    federal legislation, and to enter into agreements with the
5    United States government to further the purposes of this
6    Act, or as may be required as a condition of obtaining
7    federal funds;
8        (l) To receive, expend and account for such funds of
9    the State of Illinois as may be made available to further
10    the purposes of this Act;
11        (m) To enter into contracts and to cooperate with units
12    of general local government or combinations of such units,
13    State agencies, and criminal justice system agencies of
14    other states for the purpose of carrying out the duties of
15    the Authority imposed by this Act or by the federal Crime
16    Control Act of 1973, as amended;
17        (n) To enter into contracts and cooperate with units of
18    general local government outside of Illinois, other
19    states' agencies, and private organizations outside of
20    Illinois to provide computer software or design that has
21    been developed for the Illinois criminal justice system, or
22    to participate in the cooperative development or design of
23    new software or systems to be used by the Illinois criminal
24    justice system. Revenues received as a result of such
25    arrangements shall be deposited in the Criminal Justice
26    Information Systems Trust Fund.

 

 

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1        (o) To establish general policies concerning criminal
2    justice information systems and to promulgate such rules,
3    regulations and procedures as are necessary to the
4    operation of the Authority and to the uniform consideration
5    of appeals and audits;
6        (p) To advise and to make recommendations to the
7    Governor and the General Assembly on policies relating to
8    criminal justice information systems;
9        (q) To direct all other agencies under the jurisdiction
10    of the Governor to provide whatever assistance and
11    information the Authority may lawfully require to carry out
12    its functions;
13        (r) To exercise any other powers that are reasonable
14    and necessary to fulfill the responsibilities of the
15    Authority under this Act and to comply with the
16    requirements of applicable federal law or regulation;
17        (s) To exercise the rights, powers and duties which
18    have been vested in the Authority by the "Illinois Uniform
19    Conviction Information Act", enacted by the 85th General
20    Assembly, as hereafter amended;
21        (t) To exercise the rights, powers and duties which
22    have been vested in the Authority by the Illinois Motor
23    Vehicle Insurance Fraud and Theft Prevention Act;
24        (u) To exercise the rights, powers, and duties vested
25    in the Authority by the Illinois Public Safety Agency
26    Network Act; and

 

 

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1        (v) To provide technical assistance in the form of
2    training to local governmental entities within Illinois
3    requesting such assistance for the purposes of procuring
4    grants for gang intervention and gang prevention programs
5    or other criminal justice programs from the United States
6    Department of Justice.
7    The requirement for reporting to the General Assembly shall
8be satisfied by filing copies of the report with the Speaker,
9the Minority Leader and the Clerk of the House of
10Representatives and the President, the Minority Leader and the
11Secretary of the Senate and the Legislative Research Unit, as
12required by Section 3.1 of "An Act to revise the law in
13relation to the General Assembly", approved February 25, 1874,
14as amended, and filing such additional copies with the State
15Government Report Distribution Center for the General Assembly
16as is required under paragraph (t) of Section 7 of the State
17Library Act.
18(Source: P.A. 97-435, eff. 1-1-12.)
 
19    Section 10. The Illinois Motor Vehicle Theft Prevention Act
20is amended by changing Sections 1, 2, 3, 4, 7, 8, and 8.5 as
21follows:
 
22    (20 ILCS 4005/1)  (from Ch. 95 1/2, par. 1301)
23    (Section scheduled to be repealed on January 1, 2016)
24    Sec. 1. This Act shall be known as the Illinois Motor

 

 

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1Vehicle Insurance Fraud and Theft Prevention Act.
2(Source: P.A. 86-1408.)
 
3    (20 ILCS 4005/2)  (from Ch. 95 1/2, par. 1302)
4    (Section scheduled to be repealed on January 1, 2016)
5    Sec. 2. The purpose of this Act is to prevent, combat and
6reduce motor vehicle insurance fraud and theft in Illinois; to
7improve and support motor vehicle insurance fraud and theft law
8enforcement, prosecution and administration of motor vehicle
9insurance fraud and theft laws by establishing statewide
10planning capabilities for and coordination of financial
11resources.
12(Source: P.A. 86-1408.)
 
13    (20 ILCS 4005/3)  (from Ch. 95 1/2, par. 1303)
14    (Section scheduled to be repealed on January 1, 2016)
15    Sec. 3. As used in this Act:
16    (a) "Authority" means the Illinois Criminal Justice
17Information Authority.
18    (b) "Council" means the Illinois Motor Vehicle Insurance
19Fraud and Theft Prevention Council, established within the
20Authority by this Act.
21    (c) "Trust Fund" means the Motor Vehicle Insurance Fraud
22and Theft Prevention Trust Fund.
23(Source: P.A. 86-1408.)
 

 

 

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1    (20 ILCS 4005/4)  (from Ch. 95 1/2, par. 1304)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 4. There is hereby created within the Authority an
4Illinois Motor Vehicle Insurance Fraud and Theft Prevention
5Council, which shall exercise its powers, duties and
6responsibilities independently of the Authority. There shall
7be 11 members of the Council consisting of the Secretary of
8State or his designee, the Director of the Department of State
9Police, the State's Attorney of Cook County, the Superintendent
10of the Chicago Police Department, and the following 7
11additional members, each of whom shall be appointed by the
12Governor: a state's attorney of a county other than Cook, a
13chief executive law enforcement official from a jurisdiction
14other than the City of Chicago, 5 representatives of insurers
15authorized to write motor vehicle insurance in this State, all
16of whom shall be domiciled in this State.
17    The Governor from time to time shall designate the Chairman
18of the Council from the membership. All members of the Council
19appointed by the Governor shall serve at the discretion of the
20Governor for a term not to exceed 4 years. The initial
21appointed members of the Council shall serve from January 1,
221991 until the third Monday in January, 1995 or until their
23successors are appointed. The Council shall meet at least
24quarterly.
25(Source: P.A. 89-277, eff. 8-10-95.)
 

 

 

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1    (20 ILCS 4005/7)  (from Ch. 95 1/2, par. 1307)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 7. The Council shall have the following powers, duties
4and responsibilities:
5        (a) To apply for, solicit, receive, establish
6    priorities for, allocate, disburse, contract for, and
7    spend funds that are made available to the Council from any
8    source to effectuate the purposes of this Act.
9        (b) To make grants and to provide financial support for
10    federal and State agencies, units of local government,
11    corporations, and neighborhood, community and business
12    organizations to effectuate the purposes of this Act.
13        (c) To assess the scope of the problem of motor vehicle
14    insurance fraud and theft, including particular areas of
15    the State where the problem is greatest and to conduct
16    impact analyses of State and local criminal justice
17    policies, programs, plans and methods for combating the
18    problem.
19        (d) To develop and sponsor the implementation of
20    statewide plans and strategies to combat motor vehicle
21    insurance fraud and theft and to improve the administration
22    of the motor vehicle insurance fraud and theft laws and
23    provide an effective forum for identification of critical
24    problems associated with motor vehicle insurance fraud and
25    theft.
26        (e) To coordinate the development, adoption and

 

 

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1    implementation of plans and strategies relating to
2    interagency or intergovernmental cooperation with respect
3    to motor vehicle insurance fraud and theft law enforcement.
4        (f) To promulgate rules or regulations necessary to
5    ensure that appropriate agencies, units of government,
6    private organizations and combinations thereof are
7    included in the development and implementation of
8    strategies or plans adopted pursuant to this Act and to
9    promulgate rules or regulations as may otherwise be
10    necessary to effectuate the purposes of this Act.
11        (g) To report annually, on or before April 1, 1992 to
12    the Governor, General Assembly, and, upon request, to
13    members of the general public on the Council's activities
14    in the preceding year.
15        (h) To exercise any other powers that are reasonable,
16    necessary or convenient to fulfill its responsibilities,
17    to carry out and to effectuate the objectives and purposes
18    of the Council and the provisions of this Act, and to
19    comply with the requirements of applicable federal or State
20    laws or regulations; provided, however, that such powers
21    shall not include the power to subpoena or arrest.
22(Source: P.A. 86-1408.)
 
23    (20 ILCS 4005/8)  (from Ch. 95 1/2, par. 1308)
24    (Section scheduled to be repealed on January 1, 2016)
25    Sec. 8. (a) A special fund is created in the State Treasury

 

 

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1known as the Motor Vehicle Insurance Fraud and Theft Prevention
2Trust Fund, which shall be administered by the Executive
3Director of the Authority at the direction of the Council. All
4interest earned from the investment or deposit of monies
5accumulated in the Trust Fund shall, pursuant to Section 4.1 of
6the State Finance Act, be deposited in the Trust Fund.
7    (b) Money deposited in this Trust Fund shall not be
8considered general revenue of the State of Illinois.
9    (c) Money deposited in the Trust Fund shall be used only to
10enhance efforts to effectuate the purposes of this Act as
11determined by the Council and shall not be appropriated, loaned
12or in any manner transferred to the General Revenue Fund of the
13State of Illinois.
14    (d) Prior to April 1, 1991, and prior to April 1 of each
15year thereafter, each insurer engaged in writing private
16passenger motor vehicle insurance coverages which are included
17in Class 2 and Class 3 of Section 4 of the Illinois Insurance
18Code, as a condition of its authority to transact business in
19this State, may collect and shall pay into the Trust Fund an
20amount equal to $1.00, or a lesser amount determined by the
21Council, multiplied by the insurer's total earned car years of
22private passenger motor vehicle insurance policies providing
23physical damage insurance coverage written in this State during
24the preceding calendar year.
25    (e) Money in the Trust Fund shall be expended as follows:
26        (1) To pay the Authority's costs to administer the

 

 

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1    Council and the Trust Fund, but for this purpose in an
2    amount not to exceed ten percent in any one fiscal year of
3    the amount collected pursuant to paragraph (d) of this
4    Section in that same fiscal year.
5        (2) To achieve the purposes and objectives of this Act,
6    which may include, but not be limited to, the following:
7            (A) To provide financial support to law
8        enforcement and correctional agencies, prosecutors,
9        and the judiciary for programs designed to reduce motor
10        vehicle insurance fraud and theft and to improve the
11        administration of motor vehicle insurance fraud and
12        theft laws.
13            (B) To provide financial support for federal and
14        State agencies, units of local government,
15        corporations and neighborhood, community or business
16        organizations for programs designed to reduce motor
17        vehicle insurance fraud and theft and to improve the
18        administration of motor vehicle insurance fraud and
19        theft laws.
20            (C) To provide financial support to conduct
21        programs designed to inform owners of motor vehicles
22        about the financial and social costs of motor vehicle
23        insurance fraud and theft and to suggest to those
24        owners methods for preventing motor vehicle insurance
25        fraud and theft.
26            (D) To provide financial support for plans,

 

 

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1        programs and projects designed to achieve the purposes
2        of this Act.
3    (f) Insurers contributing to the Trust Fund shall have a
4property interest in the unexpended money in the Trust Fund,
5which property interest shall not be retroactively changed or
6extinguished by the General Assembly.
7    (g) In the event the Trust Fund were to be discontinued or
8the Council were to be dissolved by act of the General Assembly
9or by operation of law, then, notwithstanding the provisions of
10Section 5 of the State Finance Act, any balance remaining
11therein shall be returned to the insurers writing private
12passenger motor vehicle insurance in proportion to their
13financial contributions to the Trust Fund and any assets of the
14Council shall be liquidated and returned in the same manner
15after deduction of administrative costs.
16(Source: P.A. 88-452; 89-277, eff. 8-10-95.)
 
17    (20 ILCS 4005/8.5)
18    (Section scheduled to be repealed on January 1, 2016)
19    Sec. 8.5. State Police Motor Vehicle Insurance Fraud and
20Theft Prevention Trust Fund. The State Police Motor Vehicle
21Insurance Fraud and Theft Prevention Trust Fund is created as a
22trust fund in the State treasury. The State Treasurer shall be
23the custodian of the Trust Fund. The Trust Fund is established
24to receive funds from the Illinois Motor Vehicle Insurance
25Fraud and Theft Prevention Council. All interest earned from

 

 

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1the investment or deposit of moneys accumulated in the Trust
2Fund shall be deposited into the Trust Fund. Moneys in the
3Trust Fund shall be used by the Department of State Police for
4motor vehicle insurance fraud and theft prevention purposes.
5(Source: P.A. 97-116, eff. 1-1-12.)
 
6    Section 15. The State Finance Act is amended by changing
7Sections 5 and 5.295 as follows:
 
8    (30 ILCS 105/5)  (from Ch. 127, par. 141)
9    Sec. 5. Special funds.
10    (a) There are special funds in the State Treasury
11designated as specified in the Sections which succeed this
12Section 5 and precede Section 6.
13    (b) Except as provided in the Illinois Motor Vehicle
14Insurance Fraud and Theft Prevention Act, when any special fund
15in the State Treasury is discontinued by an Act of the General
16Assembly, any balance remaining therein on the effective date
17of such Act shall be transferred to the General Revenue Fund,
18or to such other fund as such Act shall provide. Warrants
19outstanding against such discontinued fund at the time of the
20transfer of any such balance therein shall be paid out of the
21fund to which the transfer was made.
22    (c) When any special fund in the State Treasury has been
23inactive for 18 months or longer, the fund is automatically
24terminated by operation of law and the balance remaining in

 

 

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1such fund shall be transferred by the Comptroller to the
2General Revenue Fund. When a special fund has been terminated
3by operation of law as provided in this Section, the General
4Assembly shall repeal or amend all Sections of the statutes
5creating or otherwise referring to that fund.
6    The Comptroller shall be allowed the discretion to maintain
7or dissolve any federal trust fund which has been inactive for
818 months or longer.
9    (d) (Blank).
10    (e) (Blank).
11(Source: P.A. 90-372, eff. 7-1-98.)
 
12    (30 ILCS 105/5.295)  (from Ch. 127, par. 141.295)
13    Sec. 5.295. The Motor Vehicle Insurance Fraud and Theft
14Prevention Trust Fund.
15(Source: P.A. 86-1408; 86-1475.)
 
16    Section 20. The Illinois Vehicle Code is amended by
17changing Section 4-109 as follows:
 
18    (625 ILCS 5/4-109)
19    Sec. 4-109. Motor Vehicle Insurance Fraud and Theft
20Prevention Program. The Secretary of State, in conjunction with
21the Motor Vehicle Insurance Fraud and Theft Prevention Council,
22is hereby authorized to establish and operate a Motor Vehicle
23Insurance Fraud and Theft Prevention Program as follows:

 

 

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1    (a) Voluntary program participation.
2    (b) The registered owner of a motor vehicle interested in
3participating in the program shall sign an informed consent
4agreement designed by the Secretary of State under subsection
5(e) of this Section indicating that the motor vehicle
6registered to him is not normally operated between the hours of
71:00 a.m. and 5:00 a.m. The form and fee, if any, shall be
8submitted to the Secretary of State for processing.
9    (c) Upon processing the form, the Secretary of State shall
10issue to the registered owner a decal. The registered owner
11shall affix the decal in a conspicuous place on his motor
12vehicle as prescribed by the Secretary of State.
13    (d) Whenever any law enforcement officer shall see a motor
14vehicle displaying a decal issued under the provisions of
15subsection (c) of this Section being operated upon the public
16highways of this State between the hours of 1:00 a.m. and 5:00
17a.m., the officer is authorized to stop that motor vehicle and
18to request the driver to produce a valid driver's license and
19motor vehicle registration card if required to be carried in
20the vehicle. Whenever the operator of a motor vehicle
21displaying a decal is unable to produce the documentation set
22forth in this Section, the police officer shall investigate
23further to determine if the person operating the motor vehicle
24is the registered owner or has the authorization of the owner
25to operate the vehicle.
26    (e) The Secretary of State, in consultation with the

 

 

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1Director of the Department of State Police and Motor Vehicle
2Insurance Fraud and Theft Prevention Council, shall design the
3manner and form of the informed consent agreement required
4under subsection (b) of this Section and the decal required
5under subsection (c) of this Section.
6    (f) The Secretary of State shall provide for the recording
7of registered owners of motor vehicles who participate in the
8program. The records shall be available to all law enforcement
9departments, agencies, and forces. The Secretary of State shall
10cooperate with and assist all law enforcement officers and
11other agencies in tracing or examining any questionable motor
12vehicles in order to determine the ownership of the motor
13vehicles.
14    (g) A fee not to exceed $10 may be charged for the informed
15consent form and decal provided under this Section. The fee, if
16any, shall be set by the Motor Vehicle Insurance Fraud and
17Theft Prevention Council and shall be collected by the
18Secretary of State and deposited into the Motor Vehicle
19Insurance Fraud and Theft Prevention Trust Fund.
20    (h) The Secretary of State, in consultation with the
21Director of the Department of State Police and the Motor
22Vehicle Insurance Fraud and Theft Prevention Council shall
23promulgate rules and regulations to effectuate the purposes of
24this Section.
25(Source: P.A. 88-128; 88-684, eff. 1-24-95.)
 
26    Section 99. Effective date. This Act takes effect January

 

 

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11, 2013.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 3930/7from Ch. 38, par. 210-7
4    20 ILCS 4005/1from Ch. 95 1/2, par. 1301
5    20 ILCS 4005/2from Ch. 95 1/2, par. 1302
6    20 ILCS 4005/3from Ch. 95 1/2, par. 1303
7    20 ILCS 4005/4from Ch. 95 1/2, par. 1304
8    20 ILCS 4005/7from Ch. 95 1/2, par. 1307
9    20 ILCS 4005/8from Ch. 95 1/2, par. 1308
10    20 ILCS 4005/8.5
11    30 ILCS 105/5from Ch. 127, par. 141
12    30 ILCS 105/5.295from Ch. 127, par. 141.295
13    625 ILCS 5/4-109