Illinois General Assembly - Full Text of HB3699
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Full Text of HB3699  102nd General Assembly

HB3699enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3699 EnrolledLRB102 14093 RJF 19445 b

1    AN ACT concerning finance.
 
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 and
5Insurance Verification Act is amended by changing Sections 1,
62, 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8    (Section scheduled to be repealed on January 1, 2025)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
10Hijacking and Motor Vehicle Theft Prevention and Insurance
11Verification 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14    (Section scheduled to be repealed on January 1, 2025)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
16reduce vehicle hijacking and related violent crime as well as
17motor vehicle theft in Illinois; to improve and support
18vehicle hijacking and motor vehicle theft law enforcement,
19prosecution and administration of vehicle hijacking and motor
20vehicle theft and insurance verification laws by establishing
21statewide planning capabilities for and coordination of
22financial resources.

 

 

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1(Source: P.A. 100-373, eff. 1-1-18.)
 
2    (20 ILCS 4005/3)  (from Ch. 95 1/2, par. 1303)
3    (Section scheduled to be repealed on January 1, 2025)
4    Sec. 3. As used in this Act:
5    (a) (Blank).
6    (b) "Council" means the Illinois Vehicle Hijacking and
7Motor Vehicle Theft Prevention and Insurance Verification
8Council.
9    (b-2) "Director" means the Director of the Secretary of
10State Department of Police.
11    (b-5) "Police" means the Secretary of State Department of
12Police.
13    (b-7) "Secretary" means the Secretary of State.
14    (c) "Trust Fund" means the Vehicle Hijacking and Motor
15Vehicle Theft Prevention and Insurance Verification Trust
16Fund.
17(Source: P.A. 100-373, eff. 1-1-18.)
 
18    (20 ILCS 4005/4)  (from Ch. 95 1/2, par. 1304)
19    (Section scheduled to be repealed on January 1, 2025)
20    Sec. 4. There is hereby created an Illinois Vehicle
21Hijacking and Motor Vehicle Theft Prevention and Insurance
22Verification Council, which shall exercise its powers, duties
23and responsibilities. There shall be 11 members of the Council
24consisting of the Secretary of State or his designee, the

 

 

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1Director of the Illinois State Police, the State's Attorney of
2Cook County, the Superintendent of the Chicago Police
3Department, and the following 7 additional members, each of
4whom shall be appointed by the Secretary of State: a state's
5attorney of a county other than Cook, a chief executive law
6enforcement official from a jurisdiction other than the City
7of Chicago, 5 representatives of insurers authorized to write
8motor vehicle insurance in this State, all of whom shall be
9domiciled in this State.
10    The Director shall be the Chairman of the Council. All
11members of the Council appointed by the Secretary shall serve
12at the discretion of the Secretary for a term not to exceed 4
13years. The Council shall meet at least quarterly.
14(Source: P.A. 102-538, eff. 8-20-21.)
 
15    (20 ILCS 4005/7)  (from Ch. 95 1/2, par. 1307)
16    (Section scheduled to be repealed on January 1, 2025)
17    Sec. 7. The Council shall have the following powers,
18duties and responsibilities:
19        (a) To apply for, solicit, receive, establish
20    priorities for, allocate, disburse, contract for, and
21    spend funds that are made available to the Council from
22    any source to effectuate the purposes of this Act.
23        (b) To make grants and to provide financial support
24    for federal and State agencies, units of local government,
25    corporations, and neighborhood, community and business

 

 

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1    organizations to effectuate the purposes of this Act, to
2    deter, and investigate, and prosecute recyclable metal
3    theft, and for to law enforcement agencies to assist in
4    the identification, apprehension, and prosecution of
5    vehicle hijackers and the recovery of stolen motor
6    vehicles recyclable metal theft.
7        (c) To assess the scope of the problem of vehicle
8    hijacking and motor vehicle theft, including particular
9    areas of the State where the problem is greatest and to
10    conduct impact analyses of State and local criminal
11    justice policies, programs, plans and methods for
12    combating the problem.
13        (d) To develop and sponsor the implementation of
14    statewide plans and strategies to combat vehicle hijacking
15    and motor vehicle theft and to improve the administration
16    of vehicle hijacking and the motor vehicle theft laws and
17    provide an effective forum for identification of critical
18    problems associated with vehicle hijacking and motor
19    vehicle theft.
20        (e) To coordinate the development, adoption and
21    implementation of plans and strategies relating to
22    interagency or intergovernmental cooperation with respect
23    to vehicle hijacking and motor vehicle theft law
24    enforcement.
25        (f) To adopt rules or regulations necessary to ensure
26    that appropriate agencies, units of government, private

 

 

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1    organizations and combinations thereof are included in the
2    development and implementation of strategies or plans
3    adopted pursuant to this Act and to adopt rules or
4    regulations as may otherwise be necessary to effectuate
5    the purposes of this Act.
6        (g) To report annually, on or before January 1, 2019
7    to the Governor, General Assembly, and, upon request, to
8    members of the general public on the Council's activities
9    in the preceding year.
10        (h) To exercise any other powers that are reasonable,
11    necessary or convenient to fulfill its responsibilities,
12    to carry out and to effectuate the objectives and purposes
13    of the Council and the provisions of this Act, and to
14    comply with the requirements of applicable federal or
15    State laws, rules, or regulations; provided, however, that
16    these powers shall not include the power to subpoena or
17    arrest.
18        (i) To provide funding to the Secretary for the
19    creation, implementation, and maintenance of an electronic
20    motor vehicle liability insurance policy verification
21    program.
22(Source: P.A. 100-373, eff. 1-1-18.)
 
23    (20 ILCS 4005/8)  (from Ch. 95 1/2, par. 1308)
24    (Section scheduled to be repealed on January 1, 2025)
25    Sec. 8. (a) A special fund is created in the State Treasury

 

 

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1known as the Vehicle Hijacking and Motor Vehicle Theft
2Prevention and Insurance Verification Trust Fund, which shall
3be administered by the Secretary at the direction of the
4Council. All interest earned from the investment or deposit of
5monies accumulated in the Trust Fund shall, pursuant to
6Section 4.1 of the State Finance Act, be deposited in the Trust
7Fund.
8    (b) Money deposited in this Trust Fund shall not be
9considered general revenue of the State of Illinois.
10    (c) Money deposited in the Trust Fund shall be used only to
11enhance efforts to effectuate the purposes of this Act as
12determined by the Council and shall not be appropriated,
13loaned or in any manner transferred to the General Revenue
14Fund of the State of Illinois.
15    (d) Prior to April 1, 1991, and prior to April 1 of each
16year thereafter, each insurer engaged in writing private
17passenger motor vehicle insurance coverages which are included
18in Class 2 and Class 3 of Section 4 of the Illinois Insurance
19Code, as a condition of its authority to transact business in
20this State, may collect and shall pay into the Trust Fund an
21amount equal to $1.00, or a lesser amount determined by the
22Council, multiplied by the insurer's total earned car years of
23private passenger motor vehicle insurance policies providing
24physical damage insurance coverage written in this State
25during the preceding calendar year.
26    (e) Money in the Trust Fund shall be expended as follows:

 

 

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1        (1) To pay the Secretary's costs to administer the
2    Council and the Trust Fund, but for this purpose in an
3    amount not to exceed 10% in any one fiscal year of the
4    amount collected pursuant to paragraph (d) of this Section
5    in that same fiscal year.
6        (2) To achieve the purposes and objectives of this
7    Act, which may include, but not be limited to, the
8    following:
9            (A) To provide financial support to law
10        enforcement and correctional agencies, prosecutors,
11        and the judiciary for programs designed to reduce
12        vehicle hijacking and motor vehicle theft and to
13        improve the administration of motor vehicle theft
14        laws.
15            (B) To provide financial support for federal and
16        State agencies, units of local government,
17        corporations and neighborhood, community or business
18        organizations for programs designed to reduce motor
19        vehicle theft and to improve the administration of
20        vehicle hijacking and motor vehicle theft laws.
21            (C) To provide financial support to conduct
22        programs designed to inform owners of motor vehicles
23        about the financial and social costs of vehicle
24        hijacking, interstate shootings, and motor vehicle
25        theft and to suggest to those owners methods for
26        preventing motor vehicle theft.

 

 

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1            (D) To provide financial support for plans,
2        programs and projects designed to achieve the purposes
3        of this Act.
4        (3) To provide funding to the Secretary's Vehicle
5    Services Department for the creation, implementation, and
6    maintenance of an electronic motor vehicle liability
7    insurance policy verification program by allocating no
8    more than 75% of each dollar collected for the first
9    calendar year after the effective date of this amendatory
10    Act of the 100th General Assembly and no more than 10% 50%
11    of each dollar collected for every other year after the
12    first calendar year after the effective date of this
13    amendatory Act of the 102nd General Assembly. The
14    Secretary shall distribute the funds to the Vehicle
15    Services Department at the beginning of each calendar
16    year.
17    (f) Insurers contributing to the Trust Fund shall have a
18property interest in the unexpended money in the Trust Fund,
19which property interest shall not be retroactively changed or
20extinguished by the General Assembly.
21    (g) In the event the Trust Fund were to be discontinued or
22the Council were to be dissolved by act of the General Assembly
23or by operation of law, then, notwithstanding the provisions
24of Section 5 of the State Finance Act, any balance remaining
25therein shall be returned to the insurers writing private
26passenger motor vehicle insurance in proportion to their

 

 

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1financial contributions to the Trust Fund and any assets of
2the Council shall be liquidated and returned in the same
3manner after deduction of administrative costs.
4(Source: P.A. 100-373, eff. 1-1-18.)
 
5    (20 ILCS 4005/8.5)
6    (Section scheduled to be repealed on January 1, 2025)
7    Sec. 8.5. State Police Vehicle Hijacking and Motor Vehicle
8Theft Prevention Trust Fund. The State Police Vehicle
9Hijacking and Motor Vehicle Theft Prevention Trust Fund is
10created as a trust fund in the State treasury. The State
11Treasurer shall be the custodian of the Trust Fund. The Trust
12Fund is established to receive funds from the Illinois Vehicle
13Hijacking and Motor Vehicle Theft Prevention and Insurance
14Verification Council. All interest earned from the investment
15or deposit of moneys accumulated in the Trust Fund shall be
16deposited into the Trust Fund. Moneys in the Trust Fund shall
17be used by the Illinois State Police for motor vehicle theft
18prevention purposes.
19(Source: P.A. 102-538, eff. 8-20-21.)
 
20    Section 10. The State Finance Act is amended by changing
21Sections 5, 5.295, 6z-125, and 6z-126 as follows:
 
22    (30 ILCS 105/5)  (from Ch. 127, par. 141)
23    Sec. 5. Special funds.

 

 

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1    (a) There are special funds in the State Treasury
2designated as specified in the Sections which succeed this
3Section 5 and precede Section 6.
4    (b) Except as provided in the Illinois Vehicle Hijacking
5and Motor Vehicle Theft Prevention and Insurance Verification
6Act, when any special fund in the State Treasury is
7discontinued by an Act of the General Assembly, any balance
8remaining therein on the effective date of such Act shall be
9transferred to the General Revenue Fund, or to such other fund
10as such Act shall provide. Warrants outstanding against such
11discontinued fund at the time of the transfer of any such
12balance therein shall be paid out of the fund to which the
13transfer was made.
14    (c) When any special fund in the State Treasury has been
15inactive for 18 months or longer, the fund is automatically
16terminated by operation of law and the balance remaining in
17such fund shall be transferred by the Comptroller to the
18General Revenue Fund. When a special fund has been terminated
19by operation of law as provided in this Section, the General
20Assembly shall repeal or amend all Sections of the statutes
21creating or otherwise referring to that fund.
22    The Comptroller shall be allowed the discretion to
23maintain or dissolve any federal trust fund which has been
24inactive for 18 months or longer.
25    (d) (Blank).
26    (e) (Blank).

 

 

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1(Source: P.A. 100-373, eff. 1-1-18.)
 
2    (30 ILCS 105/5.295)  (from Ch. 127, par. 141.295)
3    Sec. 5.295. The Vehicle Hijacking and Motor Vehicle Theft
4Prevention and Insurance Verification Trust Fund.
5(Source: P.A. 100-373, eff. 1-1-18.)
 
6    (30 ILCS 105/6z-125)
7    Sec. 6z-125. State Police Training and Academy Fund. The
8State Police Training and Academy Fund is hereby created as a
9special fund in the State treasury. Moneys in the Fund shall
10consist of: (i) 10% of the revenue from increasing the
11insurance producer license fees, as provided under subsection
12(a-5) of Section 500-135 of the Illinois Insurance Code; and
13(ii) 10% of the moneys collected from auto insurance policy
14fees under Section 8.6 of the Illinois Vehicle Hijacking and
15Motor Vehicle Theft Prevention and Insurance Verification Act.
16This Fund shall be used by the Illinois State Police to fund
17training and other State Police institutions, including, but
18not limited to, forensic laboratories.
19(Source: P.A. 102-16, eff. 6-17-21.)
 
20    (30 ILCS 105/6z-126)
21    Sec. 6z-126. Law Enforcement Training Fund. The Law
22Enforcement Training Fund is hereby created as a special fund
23in the State treasury. Moneys in the Fund shall consist of: (i)

 

 

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190% of the revenue from increasing the insurance producer
2license fees, as provided under subsection (a-5) of Section
3500-135 of the Illinois Insurance Code; and (ii) 90% of the
4moneys collected from auto insurance policy fees under Section
58.6 of the Illinois Vehicle Hijacking and Motor Vehicle Theft
6Prevention and Insurance Verification Act. This Fund shall be
7used by the Illinois Law Enforcement Training and Standards
8Board to fund law enforcement certification compliance and the
9development and provision of basic courses by Board-approved
10academics, and in-service courses by approved academies.
11(Source: P.A. 102-16, eff. 6-17-21.)
 
12    Section 15. The Illinois Vehicle Code is amended by
13changing Section 4-109 as follows:
 
14    (625 ILCS 5/4-109)
15    Sec. 4-109. Motor Vehicle Theft Prevention Program. The
16Secretary of State, in conjunction with the Motor Vehicle
17Theft Prevention and Insurance Verification Council, is hereby
18authorized to establish and operate a Motor Vehicle Theft
19Prevention Program as follows:
20    (a) Voluntary program participation.
21    (b) The registered owner of a motor vehicle interested in
22participating in the program shall sign an informed consent
23agreement designed by the Secretary of State under subsection
24(e) of this Section indicating that the motor vehicle

 

 

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1registered to him is not normally operated between the hours
2of 1:00 a.m. and 5:00 a.m. The form and fee, if any, shall be
3submitted to the Secretary of State for processing.
4    (c) Upon processing the form, the Secretary of State shall
5issue to the registered owner a decal. The registered owner
6shall affix the decal in a conspicuous place on his motor
7vehicle as prescribed by the Secretary of State.
8    (d) Whenever any law enforcement officer shall see a motor
9vehicle displaying a decal issued under the provisions of
10subsection (c) of this Section being operated upon the public
11highways of this State between the hours of 1:00 a.m. and 5:00
12a.m., the officer is authorized to stop that motor vehicle and
13to request the driver to produce a valid driver's license and
14motor vehicle registration card if required to be carried in
15the vehicle. Whenever the operator of a motor vehicle
16displaying a decal is unable to produce the documentation set
17forth in this Section, the police officer shall investigate
18further to determine if the person operating the motor vehicle
19is the registered owner or has the authorization of the owner
20to operate the vehicle.
21    (e) The Secretary of State, in consultation with the
22Director of the Illinois State Police and Motor Vehicle Theft
23Prevention and Insurance Verification Council, shall design
24the manner and form of the informed consent agreement required
25under subsection (b) of this Section and the decal required
26under subsection (c) of this Section.

 

 

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1    (f) The Secretary of State shall provide for the recording
2of registered owners of motor vehicles who participate in the
3program. The records shall be available to all law enforcement
4departments, agencies, and forces. The Secretary of State
5shall cooperate with and assist all law enforcement officers
6and other agencies in tracing or examining any questionable
7motor vehicles in order to determine the ownership of the
8motor vehicles.
9    (g) A fee not to exceed $10 may be charged for the informed
10consent form and decal provided under this Section. The fee,
11if any, shall be set by the Motor Vehicle Theft Prevention and
12Insurance Verification Council and shall be collected by the
13Secretary of State and deposited into the Vehicle Hijacking
14and Motor Vehicle Theft Prevention and Insurance Verification
15Trust Fund.
16    (h) The Secretary of State, in consultation with the
17Director of the Illinois State Police and the Motor Vehicle
18Theft Prevention and Insurance Verification Council shall
19promulgate rules and regulations to effectuate the purposes of
20this Section.
21(Source: P.A. 102-538, eff. 8-20-21.)