Full Text of SB2812 99th General Assembly
SB2812eng 99TH GENERAL ASSEMBLY |
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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| 8 | | (Section scheduled to be repealed on January 1, 2020)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| 19 | | (Section scheduled to be repealed on January 1, 2020)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| 10 | | (Section scheduled to be repealed on January 1, 2020)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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