99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2812

 

Introduced 2/17/2016, by Sen. William R. Haine

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 4005/2  from Ch. 95 1/2, par. 1302
20 ILCS 4005/3  from Ch. 95 1/2, par. 1303
20 ILCS 4005/4  from Ch. 95 1/2, par. 1304
20 ILCS 4005/7  from Ch. 95 1/2, par. 1307
20 ILCS 4005/8  from Ch. 95 1/2, par. 1308
20 ILCS 4005/8.5
20 ILCS 4005/6 rep.

    Amends the Illinois Motor Vehicle Theft Prevention Act. Eliminates references to the Illinois Criminal Justice Information Authority within the Act. Provides that money in the Motor Vehicle Theft Prevention Trust Fund shall be used to pay the administrative costs to support the Illinois Motor Vehicle Theft Prevention Council, not to exceed 10% in any one fiscal year of other amounts collected under the Act (currently, to pay the Authority's costs to administer the Council). Requires the Trust Fund to be administered by a statewide association representing property and casualty insurance companies that pay into the Trust Fund (instead of the Executive Director of the Authority). Makes changes to the purpose of the Act and to the powers of the Illinois Motor Vehicle Theft Prevention Council. Provides that moneys in the State Police Motor Vehicle Trust Fund shall be used by the Department of State Police for motor vehicle fraud prevention purposes in addition to motor vehicle theft prevention purposes. Makes conforming changes. Effective July 1, 2017.


LRB099 16802 RJF 41149 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2812LRB099 16802 RJF 41149 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 Motor Vehicle Theft Prevention Act
5is amended by changing Sections 2, 3, 4, 7, 8, and 8.5 as
6follows:
 
7    (20 ILCS 4005/2)  (from Ch. 95 1/2, par. 1302)
8    (Section scheduled to be repealed on January 1, 2020)
9    Sec. 2. The purpose of this Act is to prevent, combat and
10reduce motor vehicle theft and motor vehicle fraud in Illinois;
11to improve and support motor vehicle theft law enforcement,
12prosecution and administration of motor vehicle theft laws by
13establishing statewide planning capabilities for and
14coordination of financial resources, including
15intergovernmental programs to support motor vehicle law
16enforcement.
17(Source: P.A. 86-1408.)
 
18    (20 ILCS 4005/3)  (from Ch. 95 1/2, par. 1303)
19    (Section scheduled to be repealed on January 1, 2020)
20    Sec. 3. As used in this Act:
21    (a) (Blank). "Authority" means the Illinois Criminal
22Justice Information Authority.

 

 

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1    (b) "Council" means the Illinois Motor Vehicle Theft
2Prevention Council, established within the Authority by this
3Act.
4    (c) "Trust Fund" means the Motor Vehicle Theft Prevention
5Trust Fund.
6    (d) "Fund Administrator" means the private entity
7appointed by the Council that administers the Trust Fund.
8(Source: P.A. 86-1408.)
 
9    (20 ILCS 4005/4)  (from Ch. 95 1/2, par. 1304)
10    (Section scheduled to be repealed on January 1, 2020)
11    Sec. 4. There is hereby created within the Authority an
12Illinois Motor Vehicle Theft Prevention Council, which shall
13exercise its powers, duties and responsibilities independently
14of the Authority. There shall be 11 members of the Council
15consisting of the Secretary of State or his designee, the
16Director of the Department of State Police or his or her
17designee, the State's Attorney of Cook County or his or her
18designee, the Superintendent of the Chicago Police Department
19or his or her designee, and the following 7 additional members,
20each of whom shall be appointed by the Governor: a state's
21attorney of a county other than Cook, a chief executive law
22enforcement official from a jurisdiction other than the City of
23Chicago, 5 representatives of insurers authorized to write
24motor vehicle insurance in this State, all of whom shall be
25domiciled in this State.

 

 

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1    The Governor from time to time shall designate the Chairman
2of the Council from the membership. All members of the Council
3appointed by the Governor shall serve at the discretion of the
4Governor for a term not to exceed 4 years. The initial
5appointed members of the Council shall serve from January 1,
61991 until the third Monday in January, 1995 or until their
7successors are appointed. The Council shall meet at least
8quarterly.
9(Source: P.A. 89-277, eff. 8-10-95.)
 
10    (20 ILCS 4005/7)  (from Ch. 95 1/2, par. 1307)
11    (Section scheduled to be repealed on January 1, 2020)
12    Sec. 7. The Council shall have the following powers, duties
13and 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.
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.
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
25    impact analyses of State and local criminal justice

 

 

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1    policies, programs, plans and methods for combating the
2    problem.
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.
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.
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
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.
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.
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

 

 

SB2812- 5 -LRB099 16802 RJF 41149 b

1    of the Council and the provisions of this Act, and to
2    comply with the requirements of applicable federal or State
3    laws or regulations; provided, however, that such powers
4    shall not include the power to subpoena or arrest.
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.)
 
9    (20 ILCS 4005/8)  (from Ch. 95 1/2, par. 1308)
10    (Section scheduled to be repealed on January 1, 2020)
11    Sec. 8. (a) A special fund is created in the State Treasury
12known as the Motor Vehicle Theft Prevention Trust Fund, which
13shall be administered by a statewide association representing
14property and casualty insurance companies that pay into the
15Trust Fund under the provisions of this Section the Executive
16Director of the Authority at the direction of the Council. All
17interest earned from the investment or deposit of monies
18accumulated in the Trust Fund shall, pursuant to Section 4.1 of
19the State Finance Act, be deposited in the Trust Fund.
20    (b) Money deposited in this Trust Fund shall not be
21considered general revenue of the State of Illinois.
22    (c) Money deposited in the Trust Fund shall be used only to
23enhance efforts to effectuate the purposes of this Act as
24determined by the Council and shall not be appropriated, loaned
25or in any manner transferred to the General Revenue Fund of the

 

 

SB2812- 6 -LRB099 16802 RJF 41149 b

1State of Illinois.
2    (d) Prior to April 1, 1991, and prior to April 1 of each
3year thereafter, each insurer engaged in writing private
4passenger motor vehicle insurance coverages which are included
5in Class 2 and Class 3 of Section 4 of the Illinois Insurance
6Code, as a condition of its authority to transact business in
7this State, may collect and shall pay into the Trust Fund an
8amount equal to $1.00, or a lesser amount determined by the
9Council, multiplied by the insurer's total earned car years of
10private passenger motor vehicle insurance policies providing
11physical damage insurance coverage written in this State during
12the preceding calendar year.
13    (e) Money in the Trust Fund shall be expended as follows:
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.
22        (2) To achieve the purposes and objectives of this Act,
23    which may include, but not be limited to, the following:
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
3        theft laws.
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.
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
15        preventing motor vehicle theft.
16            (D) To provide financial support for plans,
17        programs and projects designed to achieve the purposes
18        of this Act.
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
23property interest in the unexpended money in the Trust Fund,
24which property interest shall not be retroactively changed or
25extinguished by the General Assembly.
26    (g) In the event the Trust Fund were to be discontinued or

 

 

SB2812- 8 -LRB099 16802 RJF 41149 b

1the Council were to be dissolved by act of the General Assembly
2or by operation of law, then, notwithstanding the provisions of
3Section 5 of the State Finance Act, any balance remaining
4therein shall be returned to the insurers writing private
5passenger motor vehicle insurance in proportion to their
6financial contributions to the Trust Fund and any assets of the
7Council shall be liquidated and returned in the same manner
8after deduction of administrative costs.
9    (h) The Trust Fund shall be audited annually by an
10independent auditor who is a certified public accountant and
11who has been selected by the Council. The independent auditor
12shall compile an annual report, which shall be filed with the
13Council and shall be a public record. The auditor shall be paid
14by the Trust Fund, pursuant to an order of the Council.
15    (i) The Trust Fund shall be maintained by the Fund
16Administrator, who shall keep current records of the amounts
17deposited into the Trust Fund and the amounts paid out of the
18Trust Fund pursuant to an order of the Council. These records
19shall be made available to all members of the Council upon
20reasonable request during normal business hours. The Fund
21Administrator shall report the balance in the Trust Fund to the
22Council by the 15th day of each month. For purposes of
23determining the amount available to make payments under this
24Section at any meeting of the Council, the Council shall use
25the Fund Administrator's most recent monthly report. The Fund
26Administrator shall purchase liability insurance to cover

 

 

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1management of the Trust Fund at a cost not to exceed 2% of the
2balance in the Trust Fund as of January 15th of that year.
3    (j) Moneys in the Trust Fund may be paid from the Trust
4Fund only as directed by a written order of the Council for
5purposes set forth in subsection (e) of this Section.
6(Source: P.A. 88-452; 89-277, eff. 8-10-95.)
 
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
10Fund. The State Police Motor Vehicle Theft Prevention Trust
11Fund is created as a trust fund in the State treasury. The
12State Treasurer shall be the custodian of the Trust Fund. The
13Trust Fund is established to receive funds from the Illinois
14Motor Vehicle Theft Prevention Council. All interest earned
15from the investment or deposit of moneys accumulated in the
16Trust Fund shall be deposited into the Trust Fund. Moneys in
17the Trust Fund shall be used by the Department of State Police
18for motor vehicle theft and fraud prevention purposes.
19(Source: P.A. 97-116, eff. 1-1-12.)
 
20    (20 ILCS 4005/6 rep.)
21    Section 10. The Illinois Motor Vehicle Theft Prevention Act
22is amended by repealing Section 6.
 
23    Section 99. Effective date. This Act takes effect July 1,
242017.