Sen. Robert F. Martwick
Filed: 4/7/2022
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 3699
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 3699 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Illinois Motor Vehicle Theft Prevention | ||||||
5 | and Insurance Verification Act is amended by changing Sections | ||||||
6 | 1, 2, 3, 4, 7, 8, and 8.5 as follows:
| ||||||
7 | (20 ILCS 4005/1) (from Ch. 95 1/2, par. 1301)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2025)
| ||||||
9 | Sec. 1.
This Act shall be known as the Illinois Vehicle | ||||||
10 | Hijacking and Motor Vehicle Theft Prevention and Insurance | ||||||
11 | Verification Act.
| ||||||
12 | (Source: P.A. 100-373, eff. 1-1-18 .)
| ||||||
13 | (20 ILCS 4005/2) (from Ch. 95 1/2, par. 1302)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2025)
| ||||||
15 | Sec. 2.
The purpose of this Act is to prevent, combat and |
| |||||||
| |||||||
1 | reduce vehicle hijacking and related violent crime as well as
| ||||||
2 | motor vehicle theft in Illinois; to improve and support | ||||||
3 | vehicle hijacking and motor vehicle theft
law enforcement, | ||||||
4 | prosecution and administration of vehicle hijacking and motor | ||||||
5 | vehicle
theft and insurance verification laws by establishing | ||||||
6 | statewide planning capabilities for and
coordination of | ||||||
7 | financial resources.
| ||||||
8 | (Source: P.A. 100-373, eff. 1-1-18 .)
| ||||||
9 | (20 ILCS 4005/3) (from Ch. 95 1/2, par. 1303)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2025)
| ||||||
11 | Sec. 3.
As used in this Act:
| ||||||
12 | (a) (Blank).
| ||||||
13 | (b) "Council" means the Illinois Vehicle Hijacking and | ||||||
14 | Motor Vehicle Theft Prevention and Insurance Verification
| ||||||
15 | Council.
| ||||||
16 | (b-2) "Director" means the Director of the Secretary of | ||||||
17 | State Department of Police. | ||||||
18 | (b-5) "Police" means the Secretary of State Department of | ||||||
19 | Police. | ||||||
20 | (b-7) "Secretary" means the Secretary of State. | ||||||
21 | (c) "Trust Fund" means the Vehicle Hijacking and Motor | ||||||
22 | Vehicle Theft Prevention and Insurance Verification Trust | ||||||
23 | Fund.
| ||||||
24 | (Source: P.A. 100-373, eff. 1-1-18 .)
|
| |||||||
| |||||||
1 | (20 ILCS 4005/4) (from Ch. 95 1/2, par. 1304)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2025)
| ||||||
3 | Sec. 4.
There is hereby created an Illinois Vehicle | ||||||
4 | Hijacking and Motor
Vehicle Theft Prevention and Insurance | ||||||
5 | Verification Council, which shall exercise its powers, duties | ||||||
6 | and
responsibilities. There shall be 11 members of
the Council | ||||||
7 | consisting of the Secretary of State or his designee, the | ||||||
8 | Director
of the Illinois State Police, the State's Attorney of | ||||||
9 | Cook County, the
Superintendent of the Chicago Police | ||||||
10 | Department, and the following 7 additional
members, each of | ||||||
11 | whom shall be appointed by the Secretary of State: a state's | ||||||
12 | attorney
of a county other than Cook, a chief executive law | ||||||
13 | enforcement official from
a jurisdiction other than the City | ||||||
14 | of Chicago, 5 representatives of insurers
authorized to write | ||||||
15 | motor vehicle insurance in this State, all of whom shall
be | ||||||
16 | domiciled in this State.
| ||||||
17 | The Director shall be the Chairman of the
Council. All | ||||||
18 | members of the Council appointed by the Secretary
shall serve | ||||||
19 | at the discretion of the Secretary for a term not to
exceed 4 | ||||||
20 | years. The Council shall meet at least quarterly.
| ||||||
21 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
22 | (20 ILCS 4005/7) (from Ch. 95 1/2, par. 1307)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2025)
| ||||||
24 | Sec. 7.
The Council shall have the following powers, | ||||||
25 | duties and
responsibilities:
|
| |||||||
| |||||||
1 | (a) To apply for, solicit, receive, establish | ||||||
2 | priorities for, allocate,
disburse, contract for, and | ||||||
3 | spend funds that are made available to the
Council from | ||||||
4 | any source to effectuate the purposes of this Act.
| ||||||
5 | (b) To make grants and to provide financial support | ||||||
6 | for federal and
State agencies, units of local government, | ||||||
7 | corporations, and neighborhood,
community and business | ||||||
8 | organizations to effectuate the purposes of this Act, to | ||||||
9 | deter , and investigate , and prosecute recyclable metal | ||||||
10 | theft, and for to law enforcement agencies to assist in | ||||||
11 | the identification, apprehension, and prosecution of | ||||||
12 | vehicle hijackers and the recovery of stolen motor | ||||||
13 | vehicles recyclable metal theft .
| ||||||
14 | (c) To assess the scope of the problem of vehicle | ||||||
15 | hijacking and motor vehicle theft, including
particular | ||||||
16 | areas of the State where the problem is greatest and to | ||||||
17 | conduct
impact analyses of State and local criminal | ||||||
18 | justice policies, programs,
plans and methods for | ||||||
19 | combating the problem.
| ||||||
20 | (d) To develop and sponsor the implementation of | ||||||
21 | statewide plans and
strategies to combat vehicle hijacking | ||||||
22 | and motor vehicle theft and to improve the administration
| ||||||
23 | of vehicle hijacking and the motor vehicle theft laws and | ||||||
24 | provide an effective forum for
identification of critical | ||||||
25 | problems associated with vehicle hijacking and motor | ||||||
26 | vehicle theft.
|
| |||||||
| |||||||
1 | (e) To coordinate the development, adoption and | ||||||
2 | implementation of plans
and strategies relating to | ||||||
3 | interagency or intergovernmental cooperation
with respect | ||||||
4 | to vehicle hijacking and motor vehicle theft law | ||||||
5 | enforcement.
| ||||||
6 | (f) To adopt rules or regulations necessary to ensure | ||||||
7 | that
appropriate agencies, units of government, private | ||||||
8 | organizations and
combinations thereof are included in the | ||||||
9 | development and implementation of
strategies or plans | ||||||
10 | adopted pursuant to this Act and to adopt
rules or | ||||||
11 | regulations as may otherwise be necessary to effectuate | ||||||
12 | the
purposes of this Act.
| ||||||
13 | (g) To report annually, on or before January 1, 2019 | ||||||
14 | to the Governor,
General Assembly, and, upon request, to | ||||||
15 | members of the general public on
the Council's activities | ||||||
16 | in the preceding year.
| ||||||
17 | (h) To exercise any other powers that are reasonable, | ||||||
18 | necessary or
convenient to fulfill its responsibilities, | ||||||
19 | to carry out and to effectuate
the objectives and purposes | ||||||
20 | of the Council and the provisions of this
Act, and to | ||||||
21 | comply with the requirements of applicable federal or | ||||||
22 | State
laws, rules, or regulations; provided, however, that | ||||||
23 | these powers shall not include
the power to subpoena or | ||||||
24 | arrest. | ||||||
25 | (i) To provide funding to the Secretary for the | ||||||
26 | creation, implementation, and maintenance of an electronic |
| |||||||
| |||||||
1 | motor vehicle liability insurance policy verification | ||||||
2 | program.
| ||||||
3 | (Source: P.A. 100-373, eff. 1-1-18 .)
| ||||||
4 | (20 ILCS 4005/8) (from Ch. 95 1/2, par. 1308)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2025)
| ||||||
6 | Sec. 8.
(a) A special fund is created in the State Treasury | ||||||
7 | known as
the Vehicle Hijacking and Motor Vehicle Theft | ||||||
8 | Prevention and Insurance Verification Trust Fund, which shall | ||||||
9 | be administered
by the Secretary at the direction of the | ||||||
10 | Council.
All interest earned from the investment or deposit of | ||||||
11 | monies accumulated
in the Trust Fund shall, pursuant to | ||||||
12 | Section 4.1 of the State Finance Act,
be deposited in the Trust | ||||||
13 | Fund.
| ||||||
14 | (b) Money deposited in this Trust Fund shall not be | ||||||
15 | considered general
revenue of the State of Illinois.
| ||||||
16 | (c) Money deposited in the Trust Fund shall be used only to | ||||||
17 | enhance efforts
to effectuate the purposes of this Act as | ||||||
18 | determined by the Council and shall
not be appropriated, | ||||||
19 | loaned or in any manner transferred to the General Revenue
| ||||||
20 | Fund of the State of Illinois.
| ||||||
21 | (d) Prior to April 1, 1991, and prior to April 1 of each | ||||||
22 | year thereafter,
each insurer engaged in writing private | ||||||
23 | passenger motor vehicle insurance
coverages which are included | ||||||
24 | in Class 2 and Class 3 of Section 4 of the
Illinois Insurance | ||||||
25 | Code, as a condition of its authority to transact business
in |
| |||||||
| |||||||
1 | this State, may collect and shall pay into the Trust Fund an | ||||||
2 | amount
equal to $1.00, or a
lesser amount determined by the | ||||||
3 | Council, multiplied by the insurer's total
earned car years of | ||||||
4 | private passenger motor vehicle insurance policies
providing | ||||||
5 | physical damage insurance coverage written in this State | ||||||
6 | during the
preceding calendar year.
| ||||||
7 | (e) Money in the Trust Fund shall be expended as follows:
| ||||||
8 | (1) To pay the Secretary's costs to administer the | ||||||
9 | Council and the
Trust Fund, but for this purpose in an | ||||||
10 | amount not to exceed 10% in
any one fiscal year of the | ||||||
11 | amount collected pursuant to paragraph (d) of this
Section | ||||||
12 | in that same fiscal year.
| ||||||
13 | (2) To achieve the purposes and objectives of this | ||||||
14 | Act, which may
include, but not be limited to, the | ||||||
15 | following:
| ||||||
16 | (A) To provide financial support to law | ||||||
17 | enforcement and correctional
agencies, prosecutors, | ||||||
18 | and the judiciary for programs designed to reduce | ||||||
19 | vehicle hijacking and
motor vehicle theft and to | ||||||
20 | improve the administration of motor vehicle
theft | ||||||
21 | laws.
| ||||||
22 | (B) To provide financial support for federal and | ||||||
23 | State agencies,
units of local government, | ||||||
24 | corporations and neighborhood, community or
business | ||||||
25 | organizations for programs designed to reduce motor | ||||||
26 | vehicle theft
and to improve the administration of |
| |||||||
| |||||||
1 | vehicle hijacking and motor vehicle theft laws.
| ||||||
2 | (C) To provide financial support to conduct | ||||||
3 | programs
designed to inform owners of motor vehicles | ||||||
4 | about the financial and social
costs of vehicle | ||||||
5 | hijacking, interstate shootings, and motor vehicle | ||||||
6 | theft and to suggest to those owners methods for
| ||||||
7 | preventing motor vehicle theft.
| ||||||
8 | (D) To provide financial support for plans, | ||||||
9 | programs and projects
designed to achieve the purposes | ||||||
10 | of this Act.
| ||||||
11 | (3) To provide funding to the Secretary's Vehicle | ||||||
12 | Services Department for the creation, implementation, and | ||||||
13 | maintenance of an electronic motor vehicle liability | ||||||
14 | insurance policy verification program by allocating no | ||||||
15 | more than 75% of each dollar collected for the first | ||||||
16 | calendar year after the effective date of this amendatory | ||||||
17 | Act of the 100th General Assembly and no more than 10% 50% | ||||||
18 | of each dollar collected for every other year after the | ||||||
19 | first calendar year after the effective date of this | ||||||
20 | amendatory Act of the 102nd General Assembly . The | ||||||
21 | Secretary shall distribute the funds to the Vehicle | ||||||
22 | Services Department at the beginning of each calendar | ||||||
23 | year. | ||||||
24 | (f) Insurers contributing to the Trust Fund shall have a | ||||||
25 | property interest
in the unexpended money in the Trust Fund, | ||||||
26 | which property interest shall not be
retroactively changed or |
| |||||||
| |||||||
1 | extinguished by the General Assembly.
| ||||||
2 | (g) In the event the Trust Fund were to be discontinued or | ||||||
3 | the Council were
to be dissolved by act of the General Assembly | ||||||
4 | or by operation of law, then,
notwithstanding the provisions | ||||||
5 | of Section 5 of the State Finance Act, any
balance remaining | ||||||
6 | therein shall be returned to the insurers writing private
| ||||||
7 | passenger motor vehicle insurance in proportion to their | ||||||
8 | financial
contributions to the Trust Fund and any assets of | ||||||
9 | the Council shall be
liquidated and returned in the same | ||||||
10 | manner after deduction of administrative
costs.
| ||||||
11 | (Source: P.A. 100-373, eff. 1-1-18 .)
| ||||||
12 | (20 ILCS 4005/8.5) | ||||||
13 | (Section scheduled to be repealed on January 1, 2025) | ||||||
14 | Sec. 8.5. State Police Vehicle Hijacking and Motor Vehicle | ||||||
15 | Theft Prevention Trust Fund. The State Police Vehicle | ||||||
16 | Hijacking and Motor Vehicle Theft Prevention Trust Fund is | ||||||
17 | created as a trust fund in the State treasury. The State | ||||||
18 | Treasurer shall be the custodian of the Trust Fund. The Trust | ||||||
19 | Fund is established to receive funds from the Illinois Vehicle | ||||||
20 | Hijacking and Motor Vehicle Theft Prevention and Insurance | ||||||
21 | Verification Council. All interest earned from the investment | ||||||
22 | or deposit of moneys accumulated in the Trust Fund shall be | ||||||
23 | deposited into the Trust Fund. Moneys in the Trust Fund shall | ||||||
24 | be used by the Illinois State Police for motor vehicle theft | ||||||
25 | prevention purposes.
|
| |||||||
| |||||||
1 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
2 | Section 10. The State Finance Act is amended by changing | ||||||
3 | Sections 5, 5.295, 6z-125, and 6z-126 as follows:
| ||||||
4 | (30 ILCS 105/5) (from Ch. 127, par. 141)
| ||||||
5 | Sec. 5. Special funds.
| ||||||
6 | (a) There are special funds in the State Treasury | ||||||
7 | designated as
specified in the Sections which succeed this | ||||||
8 | Section 5 and precede Section 6.
| ||||||
9 | (b) Except as provided in the Illinois Vehicle Hijacking | ||||||
10 | and Motor Vehicle Theft Prevention and Insurance Verification
| ||||||
11 | Act, when any special fund in the State Treasury is | ||||||
12 | discontinued by an Act
of the General Assembly, any balance | ||||||
13 | remaining therein on the effective
date of such Act shall be | ||||||
14 | transferred to the General Revenue Fund, or to
such other fund | ||||||
15 | as such Act shall provide. Warrants outstanding against
such | ||||||
16 | discontinued fund at the time of the transfer of any such | ||||||
17 | balance
therein shall be paid out of the fund to which the | ||||||
18 | transfer was made.
| ||||||
19 | (c) When any special fund in the State Treasury has been | ||||||
20 | inactive
for 18 months or longer, the fund is automatically | ||||||
21 | terminated by operation
of law and the balance remaining in | ||||||
22 | such fund shall be transferred by the
Comptroller to the | ||||||
23 | General Revenue Fund. When a special fund has been
terminated | ||||||
24 | by operation of law as provided in this Section, the General
|
| |||||||
| |||||||
1 | Assembly shall repeal or amend all Sections of the statutes | ||||||
2 | creating or
otherwise referring to that fund.
| ||||||
3 | The Comptroller shall be allowed the discretion to | ||||||
4 | maintain or dissolve
any federal trust fund which has been | ||||||
5 | inactive for 18 months or longer.
| ||||||
6 | (d) (Blank).
| ||||||
7 | (e) (Blank).
| ||||||
8 | (Source: P.A. 100-373, eff. 1-1-18 .)
| ||||||
9 | (30 ILCS 105/5.295) (from Ch. 127, par. 141.295)
| ||||||
10 | Sec. 5.295. The Vehicle Hijacking and Motor Vehicle Theft | ||||||
11 | Prevention and Insurance Verification Trust Fund. | ||||||
12 | (Source: P.A. 100-373, eff. 1-1-18 .)
| ||||||
13 | (30 ILCS 105/6z-125) | ||||||
14 | Sec. 6z-125. State Police Training and Academy Fund. The | ||||||
15 | State Police Training and Academy Fund is hereby created as a | ||||||
16 | special fund in the State treasury. Moneys in the Fund shall | ||||||
17 | consist of: (i) 10% of the revenue from increasing the | ||||||
18 | insurance producer license fees, as provided under subsection | ||||||
19 | (a-5) of Section 500-135 of the Illinois Insurance Code; and | ||||||
20 | (ii) 10% of the moneys collected from auto insurance policy | ||||||
21 | fees under Section 8.6 of the Illinois Vehicle Hijacking and | ||||||
22 | Motor Vehicle Theft Prevention and Insurance Verification Act. | ||||||
23 | This Fund shall be used by the Illinois State Police to fund | ||||||
24 | training and other State Police institutions, including, but |
| |||||||
| |||||||
1 | not limited to, forensic laboratories.
| ||||||
2 | (Source: P.A. 102-16, eff. 6-17-21.) | ||||||
3 | (30 ILCS 105/6z-126) | ||||||
4 | Sec. 6z-126. Law Enforcement Training Fund. The Law | ||||||
5 | Enforcement Training Fund is hereby created as a special fund | ||||||
6 | in the State treasury. Moneys in the Fund shall consist of: (i) | ||||||
7 | 90% of the revenue from increasing the insurance producer | ||||||
8 | license fees, as provided under subsection (a-5) of Section | ||||||
9 | 500-135 of the Illinois Insurance Code; and (ii) 90% of the | ||||||
10 | moneys collected from auto insurance policy fees under Section | ||||||
11 | 8.6 of the Illinois Vehicle Hijacking and Motor Vehicle Theft | ||||||
12 | Prevention and Insurance Verification Act. This Fund shall be | ||||||
13 | used by the Illinois Law Enforcement Training and Standards | ||||||
14 | Board to fund law enforcement certification compliance and the | ||||||
15 | development and provision of basic courses by Board-approved | ||||||
16 | academics, and in-service courses by approved academies.
| ||||||
17 | (Source: P.A. 102-16, eff. 6-17-21.) | ||||||
18 | Section 15. The Illinois Vehicle Code is amended by | ||||||
19 | changing Section 4-109 as follows:
| ||||||
20 | (625 ILCS 5/4-109)
| ||||||
21 | Sec. 4-109. Motor Vehicle Theft Prevention Program. The | ||||||
22 | Secretary of
State, in conjunction with the Motor Vehicle | ||||||
23 | Theft Prevention and Insurance Verification Council, is
hereby |
| |||||||
| |||||||
1 | authorized to establish and operate a Motor Vehicle Theft | ||||||
2 | Prevention
Program as follows:
| ||||||
3 | (a) Voluntary program participation.
| ||||||
4 | (b) The registered owner of a motor vehicle interested in | ||||||
5 | participating in
the program shall sign an informed consent | ||||||
6 | agreement designed by the Secretary
of State under subsection | ||||||
7 | (e) of this Section indicating that the motor vehicle
| ||||||
8 | registered to him is not normally operated between the hours | ||||||
9 | of 1:00 a.m. and
5:00 a.m. The form and fee, if any, shall be | ||||||
10 | submitted to the Secretary of
State for processing.
| ||||||
11 | (c) Upon processing the form, the Secretary of State shall | ||||||
12 | issue to the
registered owner a decal. The registered owner | ||||||
13 | shall affix the decal in a
conspicuous place on his motor | ||||||
14 | vehicle as prescribed by the Secretary of State.
| ||||||
15 | (d) Whenever any law enforcement officer shall see a motor | ||||||
16 | vehicle
displaying a decal issued under the provisions of | ||||||
17 | subsection (c) of this
Section being operated upon the public | ||||||
18 | highways of this State between the
hours of 1:00 a.m. and 5:00 | ||||||
19 | a.m., the officer is authorized to stop that
motor vehicle and | ||||||
20 | to request the driver to produce a valid driver's license
and | ||||||
21 | motor vehicle registration card if required to be carried in | ||||||
22 | the
vehicle. Whenever the operator of a motor
vehicle | ||||||
23 | displaying a decal is unable to produce the documentation set | ||||||
24 | forth
in this Section, the police officer shall investigate | ||||||
25 | further to determine
if the person operating the motor vehicle | ||||||
26 | is the registered owner or has
the authorization of the owner |
| |||||||
| |||||||
1 | to operate the vehicle.
| ||||||
2 | (e) The Secretary of State, in consultation with the | ||||||
3 | Director of the Illinois State Police and Motor Vehicle Theft | ||||||
4 | Prevention and Insurance Verification Council,
shall design | ||||||
5 | the manner and form of the informed consent agreement required
| ||||||
6 | under subsection (b) of this Section and the decal required | ||||||
7 | under subsection
(c) of this Section.
| ||||||
8 | (f) The Secretary of State shall provide for the recording | ||||||
9 | of
registered owners of motor vehicles who participate in the | ||||||
10 | program. The
records shall be available to all law enforcement | ||||||
11 | departments, agencies,
and forces. The Secretary of State | ||||||
12 | shall cooperate with and assist all law
enforcement officers | ||||||
13 | and other agencies in tracing or examining any
questionable | ||||||
14 | motor vehicles in order to determine the ownership of the | ||||||
15 | motor
vehicles.
| ||||||
16 | (g) A fee not to exceed $10 may be charged for the informed | ||||||
17 | consent form
and decal provided under this Section. The fee, | ||||||
18 | if any, shall be set by the
Motor Vehicle Theft Prevention and | ||||||
19 | Insurance Verification Council and shall be collected by the | ||||||
20 | Secretary
of State and deposited into the Vehicle Hijacking | ||||||
21 | and Motor Vehicle Theft Prevention and Insurance Verification | ||||||
22 | Trust Fund.
| ||||||
23 | (h) The Secretary of State, in consultation with the | ||||||
24 | Director of the Illinois State Police and the Motor Vehicle | ||||||
25 | Theft Prevention and Insurance Verification Council
shall | ||||||
26 | promulgate rules and regulations to effectuate the purposes of |
| |||||||
| |||||||
1 | this
Section.
| ||||||
2 | (Source: P.A. 102-538, eff. 8-20-21.)".
|