Full Text of HB3382 99th General Assembly
HB3382sam001 99TH GENERAL ASSEMBLY | Sen. William R. Haine Filed: 5/7/2015
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| 1 | | AMENDMENT TO HOUSE BILL 3382
| 2 | | AMENDMENT NO. ______. Amend House Bill 3382 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Motor Vehicle Theft Prevention Act | 5 | | is amended by changing Sections 2, 3, 4, 7, 8, 8.5, and 12 as | 6 | | follows:
| 7 | | (20 ILCS 4005/2) (from Ch. 95 1/2, par. 1302)
| 8 | | (Section scheduled to be repealed on January 1, 2016)
| 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
| 14 | | coordination of financial resources , including | 15 | | intergovernmental programs to support motor vehicle law | 16 | | enforcement .
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| 1 | | (Source: P.A. 86-1408 .)
| 2 | | (20 ILCS 4005/3) (from Ch. 95 1/2, par. 1303)
| 3 | | (Section scheduled to be repealed on January 1, 2016)
| 4 | | Sec. 3. As used in this Act:
| 5 | | (a) (Blank) "Authority" means the Illinois Criminal | 6 | | Justice Information
Authority .
| 7 | | (b) "Council" means the Illinois Motor Vehicle Theft | 8 | | Prevention
Council, established within the Authority by this | 9 | | Act.
| 10 | | (c) "Trust Fund" means the Motor Vehicle Theft Prevention | 11 | | Trust Fund.
| 12 | | (Source: P.A. 86-1408 .)
| 13 | | (20 ILCS 4005/4) (from Ch. 95 1/2, par. 1304)
| 14 | | (Section scheduled to be repealed on January 1, 2016)
| 15 | | Sec. 4.
There is hereby created within the Authority an | 16 | | Illinois Motor
Vehicle Theft Prevention Council , which shall | 17 | | exercise its powers, duties and
responsibilities independently | 18 | | of the Authority . There shall be 11 members of
the Council | 19 | | consisting of the Secretary of State or his designee, the | 20 | | Director
of the Department of State Police, the State's | 21 | | Attorney of Cook County, the
Superintendent of the Chicago | 22 | | Police Department, and the following 7 additional
members, each | 23 | | of whom shall be appointed by the Governor: a state's attorney
| 24 | | of a county other than Cook, a chief executive law enforcement |
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| 1 | | official from
a jurisdiction other than the City of Chicago, 5 | 2 | | representatives of insurers
authorized to write motor vehicle | 3 | | insurance in this State, all of whom shall
be domiciled in this | 4 | | State.
| 5 | | The Governor from time to time shall designate the Chairman | 6 | | of the
Council from the membership. All members of the Council | 7 | | appointed by the
Governor shall serve at the discretion of the | 8 | | Governor for a term not to
exceed 4 years. The initial | 9 | | appointed members of the Council shall serve
from January 1, | 10 | | 1991 until the third Monday in January, 1995 or until their
| 11 | | successors are appointed. The Council shall meet at least | 12 | | quarterly.
| 13 | | (Source: P.A. 89-277, eff. 8-10-95 .)
| 14 | | (20 ILCS 4005/7) (from Ch. 95 1/2, par. 1307)
| 15 | | (Section scheduled to be repealed on January 1, 2016)
| 16 | | Sec. 7.
The Council shall have the following powers, duties | 17 | | and
responsibilities:
| 18 | | (a) To apply for, solicit, receive, establish | 19 | | priorities for, allocate,
disburse, contract for, and | 20 | | spend funds that are made available to the
Council from any | 21 | | source to effectuate the purposes of this Act.
| 22 | | (b) To make grants and to provide financial support for | 23 | | federal and
State agencies, units of local government, | 24 | | corporations, and neighborhood,
community and business | 25 | | organizations to effectuate the purposes of this Act.
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| 1 | | (c) To assess the scope of the problem of motor vehicle | 2 | | theft , motor vehicle fraud, and insurance law enforcement , | 3 | | including
particular areas of the State where the problem | 4 | | is greatest and to conduct
impact analyses of State and | 5 | | local criminal justice policies, programs,
plans and | 6 | | methods for combating the problem.
| 7 | | (d) To develop and sponsor the implementation of | 8 | | statewide plans and
strategies to combat motor vehicle | 9 | | theft , motor vehicle fraud, and insurance law enforcement | 10 | | and to improve the administration
of the motor vehicle | 11 | | theft laws and provide an effective forum for
| 12 | | identification of critical problems associated with motor | 13 | | vehicle theft.
| 14 | | (e) To coordinate the development, adoption and | 15 | | implementation of plans
and strategies relating to | 16 | | interagency or intergovernmental cooperation
with respect | 17 | | to motor vehicle theft law enforcement.
| 18 | | (f) To promulgate rules or regulations necessary to | 19 | | ensure that
appropriate agencies, units of government, | 20 | | private organizations and
combinations thereof are | 21 | | included in the development and implementation of
| 22 | | strategies or plans adopted pursuant to this Act and to | 23 | | promulgate
rules or regulations as may otherwise be | 24 | | necessary to effectuate the
purposes of this Act.
| 25 | | (g) To report annually, on or before April 1, 1992 to | 26 | | the Governor,
General Assembly, and, upon request, to |
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| 1 | | members of the general public on
the Council's activities | 2 | | in the preceding year.
| 3 | | (h) To exercise any other powers that are reasonable, | 4 | | necessary or
convenient to fulfill its responsibilities, | 5 | | to carry out and to effectuate
the objectives and purposes | 6 | | of the Council and the provisions of this
Act, and to | 7 | | comply with the requirements of applicable federal or State
| 8 | | laws or regulations; provided, however, that such powers | 9 | | shall not include
the power to subpoena or arrest.
| 10 | | (Source: P.A. 86-1408 .)
| 11 | | (20 ILCS 4005/8) (from Ch. 95 1/2, par. 1308)
| 12 | | (Section scheduled to be repealed on January 1, 2016)
| 13 | | Sec. 8.
(a) A special fund is created in the State Treasury | 14 | | known as
the Motor Vehicle Theft Prevention Trust Fund , a trust | 15 | | fund outside of the State treasury , which shall be administered
| 16 | | by a statewide association representing property and casualty | 17 | | insurance companies that pay into the Trust Fund under the | 18 | | provisions of this Section the Executive Director of the | 19 | | Authority at the direction of the Council.
All interest earned | 20 | | from the investment or deposit of monies accumulated
in the | 21 | | Trust Fund shall , pursuant to Section 4.1 of the State Finance | 22 | | Act,
be deposited in the Trust Fund.
| 23 | | (b) Money deposited in this Trust Fund shall not be | 24 | | considered general
revenue of the State of Illinois.
| 25 | | (c) Money deposited in the Trust Fund shall be used only to |
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| 1 | | enhance efforts
to effectuate the purposes of this Act as | 2 | | determined by the Council and shall
not be appropriated, loaned | 3 | | or in any manner transferred to the General Revenue
Fund of the | 4 | | State of Illinois.
| 5 | | (d) Prior to April 1, 1991, and prior to April 1 of each | 6 | | year thereafter,
each insurer engaged in writing private | 7 | | passenger motor vehicle insurance
coverages which are included | 8 | | in Class 2 and Class 3 of Section 4 of the
Illinois Insurance | 9 | | Code, as a condition of its authority to transact business
in | 10 | | this State, may collect and shall pay into the Trust Fund an | 11 | | amount
equal to $1.00, or a
lesser amount determined by the | 12 | | Council, multiplied by the insurer's total
earned car years of | 13 | | private passenger motor vehicle insurance policies
providing | 14 | | physical damage insurance coverage written in this State during | 15 | | the
preceding calendar year.
| 16 | | (e) Money in the Trust Fund shall be expended as follows:
| 17 | | (1) To pay the administrative costs to support the | 18 | | Council, not to exceed 10% in any one fiscal year of the | 19 | | amount collected pursuant to subsection (d) of this Section | 20 | | in that same fiscal year. To pay the Authority's costs to | 21 | | administer the Council and the
Trust Fund, but for this | 22 | | purpose in an amount not to exceed ten percent in
any one | 23 | | fiscal year of the amount collected pursuant to paragraph | 24 | | (d) of this
Section in that same fiscal year.
| 25 | | (2) To achieve the purposes and objectives of this Act, | 26 | | which may
include, but not be limited to, the following:
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| 1 | | (A) To provide financial support to law | 2 | | enforcement and correctional
agencies, prosecutors, | 3 | | and the judiciary for programs designed to reduce
motor | 4 | | vehicle theft , motor vehicle-related fraud, and to | 5 | | improve compliance with compulsory motor vehicle | 6 | | insurance laws and to improve the administration of | 7 | | related motor vehicle
theft laws.
| 8 | | (B) To provide financial support for federal and | 9 | | State agencies,
units of local government, | 10 | | corporations and neighborhood, community or
business | 11 | | organizations for programs designed to reduce motor | 12 | | vehicle theft , motor vehicle-related fraud, and to | 13 | | improve compliance with compulsory motor vehicle | 14 | | insurance laws
and to improve the administration of | 15 | | related motor vehicle theft laws.
| 16 | | (C) To provide financial support to conduct | 17 | | programs
designed to inform owners of motor vehicles | 18 | | about the financial and social
costs of motor vehicle | 19 | | theft and to suggest to those owners methods for
| 20 | | preventing motor vehicle theft.
| 21 | | (D) To provide financial support for plans, | 22 | | programs and projects
designed to achieve the purposes | 23 | | of this Act.
| 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 |
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| 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 of | 5 | | 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 the | 9 | | Council shall be
liquidated and returned in the same manner | 10 | | after deduction of administrative
costs.
| 11 | | (h) The Trust Fund shall be audited annually by an | 12 | | independent auditor who is a certified public accountant and | 13 | | who has been selected by the Council. The independent auditor | 14 | | shall compile an annual report, which shall be filed with the | 15 | | Council and shall be a public record. The auditor shall be paid | 16 | | by the Trust Fund, pursuant to an order of the Council. | 17 | | (Source: P.A. 88-452; 89-277, eff. 8-10-95 .)
| 18 | | (20 ILCS 4005/8.5) | 19 | | (Section scheduled to be repealed on January 1, 2016) | 20 | | Sec. 8.5. State Police Motor Vehicle Theft Prevention Trust | 21 | | Fund. The State Police Motor Vehicle Theft Prevention Trust | 22 | | Fund is created as a trust fund in the State treasury. The | 23 | | State Treasurer shall be the custodian of the Trust Fund. The | 24 | | Trust Fund is established to receive funds from the Illinois | 25 | | Motor Vehicle Theft Prevention Council. All interest earned |
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| 1 | | from the investment or deposit of moneys accumulated in the | 2 | | Trust Fund shall be deposited into the Trust Fund. Moneys in | 3 | | the Trust Fund shall be used by the Department of State Police | 4 | | for motor vehicle theft and fraud prevention and insurance | 5 | | compliance purposes.
| 6 | | (Source: P.A. 97-116, eff. 1-1-12 .)
| 7 | | (20 ILCS 4005/12)
| 8 | | Sec. 12. Repeal. Sections 1 through 9 and Section 11 are | 9 | | repealed January 1, 2020 2016 .
| 10 | | (Source: P.A. 97-141, eff. 7-14-11.)
| 11 | | (20 ILCS 4005/6 rep.)
| 12 | | Section 10. The Illinois Motor Vehicle Theft Prevention Act | 13 | | is amended by repealing Section 6.
| 14 | | Section 15. The State Finance Act is amended by changing | 15 | | Section 5 as follows:
| 16 | | (30 ILCS 105/5) (from Ch. 127, par. 141)
| 17 | | Sec. 5. Special funds.
| 18 | | (a) There are special funds in the State Treasury | 19 | | designated as
specified in the Sections which succeed this | 20 | | Section 5 and precede Section 6.
| 21 | | (b) When Except as provided in the Illinois Motor Vehicle | 22 | | Theft Prevention
Act, when any special fund in the State |
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| 1 | | Treasury is discontinued by an Act
of the General Assembly, any | 2 | | balance remaining therein on the effective
date of such Act | 3 | | shall be transferred to the General Revenue Fund, or to
such | 4 | | other fund as such Act shall provide. Warrants outstanding | 5 | | against
such discontinued fund at the time of the transfer of | 6 | | any such balance
therein shall be paid out of the fund to which | 7 | | the transfer was made.
| 8 | | (c) When any special fund in the State Treasury has been | 9 | | inactive
for 18 months or longer, the fund is automatically | 10 | | terminated by operation
of law and the balance remaining in | 11 | | such fund shall be transferred by the
Comptroller to the | 12 | | General Revenue Fund. When a special fund has been
terminated | 13 | | by operation of law as provided in this Section, the General
| 14 | | Assembly shall repeal or amend all Sections of the statutes | 15 | | creating or
otherwise referring to that fund.
| 16 | | The Comptroller shall be allowed the discretion to maintain | 17 | | or dissolve
any federal trust fund which has been inactive for | 18 | | 18 months or longer.
| 19 | | (d) (Blank).
| 20 | | (e) (Blank).
| 21 | | (Source: P.A. 90-372, eff. 7-1-98.)
| 22 | | (30 ILCS 105/5.295 rep.) | 23 | | Section 20. The State Finance Act is amended by repealing | 24 | | Section 5.295.".
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