Full Text of SB2812 99th General Assembly
SB2812 99TH GENERAL ASSEMBLY |
| | 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. | |
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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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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:
| 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| 8 | | (Section scheduled to be repealed on January 1, 2020)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 | 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 .
| 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 | 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.
| 4 | | (c) "Trust Fund" means the Motor Vehicle Theft Prevention | 5 | | Trust Fund.
| 6 | | (d) "Fund Administrator" means the private entity | 7 | | appointed 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 | 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
| 7 | | successors are appointed. The Council shall meet at least | 8 | | quarterly.
| 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 | 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.
| 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 |
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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
| 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 | 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.
| 20 | | (b) Money deposited in this Trust Fund shall not be | 21 | | considered general
revenue of the State of Illinois.
| 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.
| 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.
| 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 | 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.
| 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
| 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.
| 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 .)
| 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.
| 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 | 22 | | is amended by repealing Section 6.
| 23 | | Section 99. Effective date. This Act takes effect July 1, | 24 | | 2017. |
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