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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 Motor Vehicle Theft Prevention Act | ||||||||||||||||||||||||||||||||||||
5 | is amended by changing Sections 2, 3, 4, 7, 8, and 8.5 as | ||||||||||||||||||||||||||||||||||||
6 | follows:
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7 | (20 ILCS 4005/2) (from Ch. 95 1/2, par. 1302)
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8 | (Section scheduled to be repealed on January 1, 2020)
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9 | Sec. 2.
The purpose of this Act is to prevent, combat and | ||||||||||||||||||||||||||||||||||||
10 | reduce
motor vehicle theft and motor vehicle fraud in Illinois; | ||||||||||||||||||||||||||||||||||||
11 | to improve and support motor vehicle theft
law enforcement, | ||||||||||||||||||||||||||||||||||||
12 | prosecution and administration of motor vehicle
theft laws by | ||||||||||||||||||||||||||||||||||||
13 | establishing statewide planning capabilities for and
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14 | coordination of financial resources , including | ||||||||||||||||||||||||||||||||||||
15 | intergovernmental programs to support motor vehicle law | ||||||||||||||||||||||||||||||||||||
16 | enforcement .
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17 | (Source: P.A. 86-1408 .)
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18 | (20 ILCS 4005/3) (from Ch. 95 1/2, par. 1303)
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19 | (Section scheduled to be repealed on January 1, 2020)
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20 | Sec. 3.
As used in this Act:
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21 | (a) (Blank). "Authority" means the Illinois Criminal | ||||||||||||||||||||||||||||||||||||
22 | Justice Information
Authority.
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1 | (b) "Council" means the Illinois Motor Vehicle Theft | ||||||
2 | Prevention
Council, established within the Authority by this | ||||||
3 | Act.
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4 | (c) "Trust Fund" means the Motor Vehicle Theft Prevention | ||||||
5 | Trust Fund.
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6 | (d) "Fund Administrator" means the private entity | ||||||
7 | appointed by the Council that administers the Trust Fund. | ||||||
8 | (Source: P.A. 86-1408 .)
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9 | (20 ILCS 4005/4) (from Ch. 95 1/2, par. 1304)
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10 | (Section scheduled to be repealed on January 1, 2020)
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11 | Sec. 4.
There is hereby created within the Authority an | ||||||
12 | Illinois Motor
Vehicle Theft Prevention Council , which shall | ||||||
13 | exercise its powers, duties and
responsibilities independently | ||||||
14 | of the Authority . There shall be 11 members of
the Council | ||||||
15 | consisting of the Secretary of State or his designee, the | ||||||
16 | Director
of the Department of State Police or his or her | ||||||
17 | designee , the State's Attorney of Cook County or his or her | ||||||
18 | designee , the
Superintendent of the Chicago Police Department | ||||||
19 | or his or her designee , and the following 7 additional
members, | ||||||
20 | each of whom shall be appointed by the Governor: a state's | ||||||
21 | attorney
of a county other than Cook, a chief executive law | ||||||
22 | enforcement official from
a jurisdiction other than the City of | ||||||
23 | Chicago, 5 representatives of insurers
authorized to write | ||||||
24 | motor vehicle insurance in this State, all of whom shall
be | ||||||
25 | domiciled in this State.
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1 | The Governor from time to time shall designate the Chairman | ||||||
2 | of the
Council from the membership. All members of the Council | ||||||
3 | appointed by the
Governor shall serve at the discretion of the | ||||||
4 | Governor for a term not to
exceed 4 years. The initial | ||||||
5 | appointed members of the Council shall serve
from January 1, | ||||||
6 | 1991 until the third Monday in January, 1995 or until their
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7 | successors are appointed. The Council shall meet at least | ||||||
8 | quarterly.
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9 | (Source: P.A. 89-277, eff. 8-10-95 .)
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10 | (20 ILCS 4005/7) (from Ch. 95 1/2, par. 1307)
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11 | (Section scheduled to be repealed on January 1, 2020)
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12 | Sec. 7.
The Council shall have the following powers, duties | ||||||
13 | and
responsibilities:
| ||||||
14 | (a) To apply for, solicit, receive, establish | ||||||
15 | priorities for, allocate,
disburse, contract for, and | ||||||
16 | spend funds that are made available to the
Council from any | ||||||
17 | source to effectuate the purposes of this Act.
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18 | (b) To make grants and to provide financial support for | ||||||
19 | federal and
State agencies, units of local government, | ||||||
20 | corporations, and neighborhood,
community and business | ||||||
21 | organizations to effectuate the purposes of this Act.
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22 | (c) To assess the scope of the problem of motor vehicle | ||||||
23 | theft and motor vehicle fraud , including
particular areas | ||||||
24 | of the State where the problem is greatest and to conduct
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25 | impact analyses of State and local criminal justice |
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1 | policies, programs,
plans and methods for combating the | ||||||
2 | problem.
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3 | (d) To develop and sponsor the implementation of | ||||||
4 | statewide plans and
strategies to combat motor vehicle | ||||||
5 | theft and motor vehicle fraud and to improve the | ||||||
6 | administration
of the motor vehicle theft laws and provide | ||||||
7 | an effective forum for
identification of critical problems | ||||||
8 | associated with motor vehicle theft.
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9 | (e) To coordinate the development, adoption and | ||||||
10 | implementation of plans
and strategies relating to | ||||||
11 | interagency or intergovernmental cooperation
with respect | ||||||
12 | to motor vehicle theft law enforcement.
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13 | (f) To promulgate rules or regulations necessary to | ||||||
14 | ensure that
appropriate agencies, units of government, | ||||||
15 | private organizations and
combinations thereof are | ||||||
16 | included in the development and implementation of
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17 | strategies or plans adopted pursuant to this Act and to | ||||||
18 | promulgate
rules or regulations as may otherwise be | ||||||
19 | necessary to effectuate the
purposes of this Act.
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20 | (g) To report annually, on or before April 1, 1992 to | ||||||
21 | the Governor,
General Assembly, and, upon request, to | ||||||
22 | members of the general public on
the Council's activities | ||||||
23 | in the preceding year.
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24 | (h) To exercise any other powers that are reasonable, | ||||||
25 | necessary or
convenient to fulfill its responsibilities, | ||||||
26 | to carry out and to effectuate
the objectives and purposes |
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1 | of the Council and the provisions of this
Act, and to | ||||||
2 | comply with the requirements of applicable federal or State
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3 | laws or regulations; provided, however, that such powers | ||||||
4 | shall not include
the power to subpoena or arrest.
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5 | (i) To appoint a private statewide association | ||||||
6 | representing property and casualty insurance companies to | ||||||
7 | administer the Trust Fund. | ||||||
8 | (Source: P.A. 86-1408 .)
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9 | (20 ILCS 4005/8) (from Ch. 95 1/2, par. 1308)
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10 | (Section scheduled to be repealed on January 1, 2020)
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11 | Sec. 8.
(a) A special fund is created in the State Treasury | ||||||
12 | known as
the Motor Vehicle Theft Prevention Trust Fund, which | ||||||
13 | shall be administered
by a statewide association representing | ||||||
14 | property and casualty insurance companies that pay into the | ||||||
15 | Trust Fund under the provisions of this Section the Executive | ||||||
16 | Director of the Authority at the direction of the Council.
All | ||||||
17 | interest earned from the investment or deposit of monies | ||||||
18 | accumulated
in the Trust Fund shall , pursuant to Section 4.1 of | ||||||
19 | the State Finance Act,
be deposited in the Trust Fund.
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20 | (b) Money deposited in this Trust Fund shall not be | ||||||
21 | considered general
revenue of the State of Illinois.
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22 | (c) Money deposited in the Trust Fund shall be used only to | ||||||
23 | enhance efforts
to effectuate the purposes of this Act as | ||||||
24 | determined by the Council and shall
not be appropriated, loaned | ||||||
25 | or in any manner transferred to the General Revenue
Fund of the |
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1 | State of Illinois.
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2 | (d) Prior to April 1, 1991, and prior to April 1 of each | ||||||
3 | year thereafter,
each insurer engaged in writing private | ||||||
4 | passenger motor vehicle insurance
coverages which are included | ||||||
5 | in Class 2 and Class 3 of Section 4 of the
Illinois Insurance | ||||||
6 | Code, as a condition of its authority to transact business
in | ||||||
7 | this State, may collect and shall pay into the Trust Fund an | ||||||
8 | amount
equal to $1.00, or a
lesser amount determined by the | ||||||
9 | Council, multiplied by the insurer's total
earned car years of | ||||||
10 | private passenger motor vehicle insurance policies
providing | ||||||
11 | physical damage insurance coverage written in this State during | ||||||
12 | the
preceding calendar year.
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13 | (e) Money in the Trust Fund shall be expended as follows:
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14 | (1) To pay the administrative costs to support the | ||||||
15 | Council, not to exceed 10% in any one fiscal year of the | ||||||
16 | amount collected pursuant to subsection (d) of this Section | ||||||
17 | in that same fiscal year. To pay the Authority's costs to | ||||||
18 | administer the Council and the
Trust Fund, but for this | ||||||
19 | purpose in an amount not to exceed ten percent in
any one | ||||||
20 | fiscal year of the amount collected pursuant to paragraph | ||||||
21 | (d) of this
Section in that same fiscal year.
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22 | (2) To achieve the purposes and objectives of this Act, | ||||||
23 | which may
include, but not be limited to, the following:
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24 | (A) To provide financial support to law | ||||||
25 | enforcement and correctional
agencies, prosecutors, | ||||||
26 | and the judiciary for programs designed to reduce
motor |
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1 | vehicle theft and motor vehicle-related fraud and to | ||||||
2 | improve the administration of related motor vehicle
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3 | theft laws.
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4 | (B) To provide financial support for federal and | ||||||
5 | State agencies,
units of local government, | ||||||
6 | corporations and neighborhood, community or
business | ||||||
7 | organizations for programs designed to reduce motor | ||||||
8 | vehicle theft and motor vehicle-related fraud
and to | ||||||
9 | improve the administration of related motor vehicle | ||||||
10 | theft laws.
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11 | (C) To provide financial support to conduct | ||||||
12 | programs
designed to inform owners of motor vehicles | ||||||
13 | about the financial and social
costs of motor vehicle | ||||||
14 | theft and to suggest to those owners methods for
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15 | preventing motor vehicle theft.
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16 | (D) To provide financial support for plans, | ||||||
17 | programs and projects
designed to achieve the purposes | ||||||
18 | of this Act.
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19 | (E) To provide financial support for the | ||||||
20 | enforcement and prosecution of Chapters 3, 4, and 5 of | ||||||
21 | the Illinois Vehicle Code. | ||||||
22 | (f) Insurers contributing to the Trust Fund shall have a | ||||||
23 | property interest
in the unexpended money in the Trust Fund, | ||||||
24 | which property interest shall not be
retroactively changed or | ||||||
25 | extinguished by the General Assembly.
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26 | (g) In the event the Trust Fund were to be discontinued or |
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1 | the Council were
to be dissolved by act of the General Assembly | ||||||
2 | or by operation of law, then,
notwithstanding the provisions of | ||||||
3 | Section 5 of the State Finance Act, any
balance remaining | ||||||
4 | therein shall be returned to the insurers writing private
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5 | passenger motor vehicle insurance in proportion to their | ||||||
6 | financial
contributions to the Trust Fund and any assets of the | ||||||
7 | Council shall be
liquidated and returned in the same manner | ||||||
8 | after deduction of administrative
costs.
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9 | (h) The Trust Fund shall be audited annually by an | ||||||
10 | independent auditor who is a certified public accountant and | ||||||
11 | who has been selected by the Council. The independent auditor | ||||||
12 | shall compile an annual report, which shall be filed with the | ||||||
13 | Council and shall be a public record. The auditor shall be paid | ||||||
14 | by the Trust Fund, pursuant to an order of the Council. | ||||||
15 | (i) The Trust Fund shall be maintained by the Fund | ||||||
16 | Administrator, who shall keep current records of the amounts | ||||||
17 | deposited into the Trust Fund and the amounts paid out of the | ||||||
18 | Trust Fund pursuant to an order of the Council. These records | ||||||
19 | shall be made available to all members of the Council upon | ||||||
20 | reasonable request during normal business hours. The Fund | ||||||
21 | Administrator shall report the balance in the Trust Fund to the | ||||||
22 | Council by the 15th day of each month. For purposes of | ||||||
23 | determining the amount available to make payments under this | ||||||
24 | Section at any meeting of the Council, the Council shall use | ||||||
25 | the Fund Administrator's most recent monthly report. The Fund | ||||||
26 | Administrator shall purchase liability insurance to cover |
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1 | management of the Trust Fund at a cost not to exceed 2% of the | ||||||
2 | balance in the Trust Fund as of January 15th of that year. | ||||||
3 | (j) Moneys in the Trust Fund may be paid from the Trust | ||||||
4 | Fund only as directed by a written order of the Council for | ||||||
5 | purposes set forth in subsection (e) of this Section. | ||||||
6 | (Source: P.A. 88-452; 89-277, eff. 8-10-95 .)
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7 | (20 ILCS 4005/8.5) | ||||||
8 | (Section scheduled to be repealed on January 1, 2020) | ||||||
9 | Sec. 8.5. State Police Motor Vehicle Theft Prevention Trust | ||||||
10 | Fund. The State Police Motor Vehicle Theft Prevention Trust | ||||||
11 | Fund is created as a trust fund in the State treasury. The | ||||||
12 | State Treasurer shall be the custodian of the Trust Fund. The | ||||||
13 | Trust Fund is established to receive funds from the Illinois | ||||||
14 | Motor Vehicle Theft Prevention Council. All interest earned | ||||||
15 | from the investment or deposit of moneys accumulated in the | ||||||
16 | Trust Fund shall be deposited into the Trust Fund. Moneys in | ||||||
17 | the Trust Fund shall be used by the Department of State Police | ||||||
18 | for motor vehicle theft and fraud prevention purposes.
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19 | (Source: P.A. 97-116, eff. 1-1-12 .)
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20 | (20 ILCS 4005/6 rep.)
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21 | Section 10. The Illinois Motor Vehicle Theft Prevention Act | ||||||
22 | is amended by repealing Section 6.
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23 | Section 99. Effective date. This Act takes effect July 1, | ||||||
24 | 2017. |