AUTHORITY: 20 ILCS 4005/1

SOURCE: Adopted at 16 Ill. Reg. 4503, effective March 10, 1992; amended at 18 Ill. Reg. 13448, effective August 22, 1994; amended at 21 Ill. Reg. 11927, effective August 15, 1997.

SUBPART A: PUBLIC INFORMATION

 

Section 1720.100  Applicability

 

This section applies to any interested persons seeking or submitting information regarding subjects, services, programs and activities of the Illinois Motor Vehice Theft Prevention Council (hereinafter called "the Council").

 

Section 1720.110  Public Requests

 

a)         Any interested person should submit a request for information in writing. The request should include a complete description of the information requested and the reason for the request.  Requests should be directed to:

 

            Illinois Motor Vehicle Theft Prevention Council

            c/o Executive Director

            Illinois Criminal Justice Information Authority

            120 South Riverside Plaza

            Chicago, Illinois 60606

 

b)         The Executive Director of the Illinois Criminal Justice Information Authority, on behalf of the Council, shall respond to such requests within (7) working days of receipt, whenever possible.

 

c)         When the request for information calls for information which is confidential or is limited or prohibited by law, the requester shall be so notified in writing.

 

Section 1720.120  Public Submissions

 

Any interested person may be submit comments and recommendations regarding subjects, services, programs and activities of the Council in writing to:

 

            Illinois Motor Vehicle Theft Prevention Council

            c/o Executive Director

            Illinois Criminal Justice Information Authority

            120 South Riverside Plaza

            Chicago, Illinois 60606

SUBPART B: RULEMAKING

 

Section 1720.200  Procedure

 

a)         Rules may be proposed by any member of the Illinois Motor Vehicle Theft Prevention Council (hereinafter called "the Council"), or the Executive Director of the Illinois Criminal Justice Information Authority.  However, rules shall be issued only by the Council.

 

b)         Any interested person may petition the Executive Director of the Illinois Criminal Justice Information Authority to make, amend or repeal a rule.  The Executive Director shall refer all petitions, with staff review and recommendations, to the Council which shall decide whether or not to recommend further action.

 

1)         The petition shall be addressed to:

 

            Illinois Motor Vehicle Theft Prevention Council

            c/o Executive Director

            Illinois Criminal Justice Information Authority

            120 S. Riverside Plaza

            Chicago, Illinois 60606

 

2)         The petition shall contain a clear statement of reasons for the proposed rule, amendment or repeal and the exact language of the suggested new rule or amendment.

 

c)         All rules promulgated by the Council shall be in accordance with the procedures for issuing proposed rules and for their ultimate adoption in accordance with the Administrative Procedure Act (Ill. Rev. Stat. 1989, ch. 127, par. 1001-1 et seq.). [5 ILCS 100/1-1 et seq.]

 

d)         Rules adopted by the Council shall be available for public inspection during normal working hours at 120 South Riverside Plaza, Chicago, Illinois.

 

(Source:  Amended at 18 Ill. Reg. 13448, effective August 22, 1994)

 

Section 1720.210  Public Hearings

 

a)         The Chairman or a committee chairman may convene public hearings on proposed rulemaking whenever the interest of the State would be best served by such proceedings in order to establish a record of public comment.

 

b)         Formal notice of a public hearing shall be given upon at least fourteen (14) days notice in accordance with the Illinois Open Meetings Act (Ill. Rev. Stat. 1989, ch. 102, par. 41 et seq.). [5 ILCS 120/1 et seq.]  The notice shall include the date, time and place of the proceedings.

 

c)         Minutes of public hearings shall be recorded and shall be available for public inspection.

 

(Source:  Amended at 18 Ill. Reg. 13448, effective August 22, 1994)

SUBPART C: ORGANIZATION

 

Section 1720.300  Preamble

 

The Illinois Motor Vehicle Theft Prevention Council (hereinafter called the "Council"), created within the Illinois Criminal Justice Information Authority (hereinafter called the "Authority"), shall have the duties and responsibilities set forth in the Illinois Motor Vehicle Theft Prevention Act (P.A. 86-1408, effective January 1, 1991).  The stated purpose of this act "is to prevent, combat and reduce motor vehicle theft in Illinois; to improve and support motor vehice theft law enforcement, prosecution and administration of motor vehicle theft laws by establishing statewide planning capabilities for and coordination of financial resources."

 

Section 1720.310  Membership and Officers

 

a)         Council − The Illinois Motor Vehicle Theft Prevention Council consists of eleven (11) members.  The members include the Secretary of State or his designee, the Director of the Department of State Police, the State's Attorney of Cook County, the Superintendent of the Chicago Police Department, and the following seven (7) additional members, each of whom shall be appointed by the Governor: a state's attorney of a county other than Cook, a chief executive law enforcement official from a jurisdiction other than the City of Chicago, and five (5) representatives of insurers authorized to write motor vehicle insurance in this State, all of whom shall be domiciled in this state.

 

b)         Chairman − The Chairman shall be a Council member designated by and serving at the pleasure of the Governor.

 

c)         Vice Chairman − The Vice Chairman shall be a Council member designated by and serving at the pleasure of the Chairman.  Upon disability or unavailability of the Chairman, the Vice Chairman shall function as the Chairman until the Chairman again becomes able or available or until the Governor appoints a new Chairman.

 

d)         Secretary − The Secretary shall be appointed by and serve at the pleasure of the Chairman.  The Secretary need not be a Council member, but if he or she is not a Council member, he or she may not exercise the powers and functions of Council members. The Secretary shall draft and forward the minutes of each meeting to Council members prior to the next Council meeting, at which time they shall be submitted to the Council for approval.  Copies of approved minutes shall be promptly sent to the Governor's office and anyone who requests them.  The Secretary shall also provide for the public notice of regular, rescheduled and special Council meetings as required by the Illinois Open Meetings Act, and perform such other tasks as the Chairman designates.

 

(Source:  Amended at 21 Ill. Reg. 11927, effective August 15, 1997)

 

Section 1720.320  Meetings

 

a)         Regular Meetings − Regular meetings of the Council shall be held at least quarterly at the offices of the Council or at some location to be determined by the Chairman.  Meetings and notice for meetings shall be in conformance with the Illinois Open Meetings Act.

 

b)         Special Meetings − Special meetings of the Council shall be called in conformance with the Illinois Open Meetings Act either by the Chairman or by a request signed by at least four (4) Council members.  Only matters contained in the agenda shall be voted on at any special meeting.  In the event the need for a special meeting no longer exists or the Chairman has notice that a quorum will not be reached, the Chairman may cancel a special meeting provided that a meeting called at the request of Council members may be canceled only with their consent.

 

c)         Public Hearings − The Council may convene public hearings, upon at least fourteen (14) days notice, in order to  establish a record of public comment on proposed rules, regulations, legislation, or other matters of concern to the Council.  Public hearings shall be called by the Chairman upon passage of a motion by the Council at a regular or special meeting to that effect.  When appropriate, non-Council members may be appointed by the Chairman to assist in the conduct of such a public hearing.  The presence of a majority of the number of Council members shall not be required in order to conduct public hearings, however, at least (1) Council member must be present.

 

d)         Quorum − A quorum shall constitute a majority of Council members then holding office who are present, in person or by telephone, at the initial roll call at the commencement of any regular or special meeting.  If a quorum is not present at the scheduled time of the meeting, the Chairman may continue a roll call for a reasonable time after which, if a quorum is still not present, the meeting shall be adjourned.

 

e)         Passage of Motions − After a quorum is announced, a majority of those voting on a motion shall be sufficient to pass and make it the official act of the Council.  After a quorum is announced, Council business may continue to be transacted by the members remaining, provided, however, that no vote may be taken unless at least four of the members then holding office are still present at the time of the vote.

 

f)         Voting Procedures − The Chairman shall have the right to call for a vote by voice vote or by leave to adopt a previous roll call vote, in all cases, unless there is an objection by one member, in which case a roll call vote shall be taken.  The minutes shall reflect the results of each roll call.

 

g)         Participation in Meetings

 

1)         Proxies − Proxies to vote shall not be permitted.  A Council member must be present, in person or by telephone, to record his or her vote and to present a motion or motions.

 

2)         Written Communication − When unavailable for meetings, Council members may present signed and dated written communications which shall be distributed or read to Council Members by the Chairman.  Such written communication shall not be considered proxies, votes or motions.  However, a motion or motions may be made by other members concerning the contents of such written communication.  Such written communications shall be included in the minutes of the meeting.

 

3)         Discussion − Discussion and participation in meetings shall be subject to Robert's Rules of Order.  Non-Council members may not address the Council or otherwise participate in its meetings in any manner without the consent of the Chairman.  However, if there is an objection by a Council member to such address there shall be a vote of the Council upon the matter.  The Executive Director and other members of the staff shall have the right to address the Council and participate in discussion.

 

4)         Disruption − Anyone disrupting or otherwise interfering with the conduct of a meeting shall be removed from the place of meeting by order of the Chairman.

 

h)         Agenda − The Chairman shall prescribe the agenda for all Council meetings.  Any Council member may have an item placed on the agenda by notifying the Chairman in writing in advance of the mailing of the agenda. Such notification also should include a copy of any written materials that the Council member wishes distributed to the Council members.  In every agenda, except at special meetings, there shall be a category entitled "New Business" for the initiation of matters not included in the agenda for the meeting. However, new business matters that would adversely affect the rights of any party(ies) may not be finally acted on unless the party(ies) affected has been given prior written notice thereof.

 

i)          Notice − An agenda, together with a notice of the time and place of all regular meetings shall be mailed to Council members at least seven (7) days prior to the meeting date.  The Chairman may postpone or reschedule any regular or special meeting upon at least 24 hours notice - by telephone, mail or equivalent means- prior to the scheduled meeting.  Notice of the rescheduled meeting date shall be provided at least 24 hours in advance.  However, no rescheduled regular or special meeting which is to include public hearings or regulatory or rulemaking proceedings shall be rescheduled without notice being mailed at least seven (7) days prior to the rescheduled meeting date.

 

j)          Expenses − Members of the Council shall serve without compensation. Council Members shall be entitled to reimbursement for reasonable expenses incurred in connection with their duties.

 

(Source:  Amended at 18 Ill. Reg. 13448, effective August 22, 1994)

 

Section 1720.330  Committees

 

a)         Committee Structure – The Council may have both ad hoc and standing commitees.

 

b)         Standing Committees – Standing Committees shall be established by the Council through resolution directing the Chairman to appoint such a committee and defining the committee's mission and responsibility.  The committees shall function consistent with subsection (j) below.  Standing committee reports and recommendations shall be presented to the Council for review, consideration, acceptance, adoption, or other appropriate Council action.  The Council shall establish the Grant Review Committee.  The Grant Review Committee shall recommend programs, implement entities, and award amounts to the Council, consistent with the Act, the Rules for the Award and Monitoring of Trust Funds, and the annual statewide strategy approved by the Council.

 

c)         Ad Hoc Committees − Ad Hoc Committees shall exercise those powers as are delegated to them by the Chairman, these Organizational Rules, and as are appropriate to their mission and responsibility.  Ad Hoc Committee reports and recommendations shall be submitted to the Chairman and the Council and shall be advisory only.

 

d)         Membership − The Chairman shall appoint all committee chairmen and vice chairmen.  Standing committees shall consist of at least three (3) Council members appointed by the Chairman.  Ad Hoc Committees shall include at least one council member, appointed by the Chairman.  The Chairman may appoint non-Council members to an ad hoc committee.  The members of all committees shall serve at the pleasure of the Chairman.

 

1)         Committee Designees – A Council member may appoint a deputy director, assistant director, or a similar senior level staff person as the Council member's designee to serve as a voting member on a committee.  Such designation shall be submitted in writing to the Chairman of the Council who will inform the appropriate committee chairmen.

 

2)         Written Communication – When unavailable for meetings, committee members or their designees may present signed and dated written communications which shall be distributed or read to committee members by the chairman.  Such written communications shall not be considered proxies, votes or motions. However, a motion or motions may be made by other members concerning the contents of such written communication.  Such written communications shall be included in the minutes of the committee meeting.

 

e)         Meetings – Either the Chairman or a committee chairman may schedule a committee meeting.

 

f)         Quorum – A quorum of a committee shall constitute a majority of the committee members or their designees including the committee chairman or vice chairman, who are present, in person or by telephone, at the initial roll call at the commencement of any committee meeting.  If a quorum is not present at the scheduled time of the meeting, the committee chairman may continue a roll call for a reasonable time after which, if a quorum is still not present, the committee meeting shall be adjourned.  No vote may be taken unless at least three (3) committee members or their designees, are present at the time of the vote.

 

g)         Participation – With the consent of a committee chairman, representatives of any Council member, specifically designated to the Chairman of the Council, may participate in any committee for discussion purposes. Members of the Council who are not committee members shall have the right to participate in committee meetings but shall not have the right to vote. However, the Chairman of the Council may designate any Council member to become an ad hoc voting member of a committee when necessary to ensure a quorum.

 

h)         Notice – A committee meeting shall be scheduled upon at least seven (7) days notice by telephone, mail, or equivalent means, to committee members. However, notice for any committee meeting involving public hearings or regulatory or rulemaking proceedings must be mailed at least fourteen (14) business days prior to the meeting date.

 

i)          Oversight of Committees – In order to provide for oversight by the Council of committee activities, whether ad hoc or standing, Council members shall be notified by phone, mail, or equivalent means, of all motions passed by a particular committee, within seven (7) days of any committee meeting, or prior to the next meeting of that committee, or before the next meeting of the Council, whichever is sooner.  Within fourteen (14) days of receipt of such information, a special meeting of the Council may be convened upon the request of four (4) Council members, for the purpose of fully discussing any action taken by a committee and to supersede the authorization granted to the committee to act on the Council's behalf in any particular matter.

 

j)          Minutes and Reports – Minutes of all committee meetings shall be kept. Copies of minutes shall be furnished to all members of the Council within 42 days following each committee meeting.  Minutes and reports shall be the responsibility of the committee secretary.

 

k)         Rules – Committees shall be governed by these Organizational Rules and any and all amendments thereto.

 

(Source:  Amended at 18 Ill. Reg. 13448, effective August 22, 1994)

 

Section 1720.340  Council Staff

 

a)         Executive Director – The Executive Director of the Authority shall be appointed by and shall serve at the pleasure of the Governor.  In addition to Authority duties and responsibilities, the Executive Director shall function as the chief executive officer of the Council.  In that capacity, and at the direction of the Council, the Executive Director is authorized to bind the Council in contractual and other matters affecting the general operations and responsibilities of the Council, as provided in the Illinois Motor Vehicle Theft Prevention Act.  The Executive Director shall administer the Motor Vehicle Theft Prevention Trust Fund at the direction of the Council, and may also exercise such additional powers on behalf of or as may be delegated to him from time to time by the Council or its committees.

 

b)         Council Staff – The Council Staff shall consist of such administrative professional, clerical and other personnel as deemed required by the Executive Director and allowed for in the annual budget approved pursuant to Section 1720.350 of these rules, to assist the Council in performing its duties and fulfilling its responsibilities.  The Council staff shall be organized by the Executive Director as he may deem appropriate to effectuate the purposes of the Motor Vehicle Theft Prevention Act.

 

Section 1720.350  Annual Council Budget

 

a)         Annual Budget – On an annual basis, the Executive Director shall prepare for the Council's review and approval a fiscal year budget for operations, awards and grants, and Trust Fund Income.

 

b)         Appropriations – The budget approved by the Council shall be incorporated into the Illinois Criminal Justice Information Authority's regular requests for appropriateions in the form and manner required by the Bureau of the Budget, and shall be submitted to the Governor's Office by the Executive Director on behalf of the Council.

 

c)         Supplemental Appropriations – Requests for supplemental appropriations, if necessary, shall also be prepared by the Executive Director for consideration by the Council, prior to submission to the Governor's Office.

 

Section 1720.360  Amendment of Organizational Rules

 

These Organizational Rules may be amended at any regular or special meeting by a majority of the members present, provided that the proposed amendment shall have been distributed at least seven (7) days prior to such meeting.

 

Section 1720.370  Unspecified Matters

 

All matters not specified by these Organizational Rules shall be governed by the Illinois Motor Vehicle Theft Prevention Act (Public Act 86-1408), the Illinois Criminal Justice Information Act (Ill. Rev. Stat. 1989, ch. 38, par. 210-1 et seq.) [5 ILCS 3930/1 et seq.], the Open Meetings Act (Ill. Rev. Stat. 1989, ch. 102, par. 41 et seq.) [5 ILCS 120/1 et seq.], the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1989, ch. 127, par. 1001 et seq.) [5 ILCS 100/1-1 et seq.], the rules of the Illinois Criminal Justice Information Authority, the rules of the Illinois Motor Vehicle Theft Prevention Council, and the latest edition of Robert's Rules of Order whenever applicable.

 

(Source:  Amended at 18 Ill. Reg. 13448, effective August 22, 1994)

 

Section 1720.380  Effective Date

 

The Organizational Rules take effect upon their approval by a majority of those Council members present, and the filing of a copy thereof with the Office of the Secretary of State, and the fulfilling of any other statutory requirements, in accordance with the law.