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Public Act 102-0904
Public Act 0904 102ND GENERAL ASSEMBLY
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Public Act 102-0904
| | HB3699 Enrolled | LRB102 14093 RJF 19445 b |
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| AN ACT concerning finance.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Motor Vehicle Theft Prevention and | Insurance Verification Act is amended by changing Sections 1, | 2, 3, 4, 7, 8, and 8.5 as follows:
| (20 ILCS 4005/1) (from Ch. 95 1/2, par. 1301)
| (Section scheduled to be repealed on January 1, 2025)
| Sec. 1.
This Act shall be known as the Illinois Vehicle | Hijacking and Motor Vehicle Theft Prevention and Insurance | Verification Act.
| (Source: P.A. 100-373, eff. 1-1-18.)
| (20 ILCS 4005/2) (from Ch. 95 1/2, par. 1302)
| (Section scheduled to be repealed on January 1, 2025)
| Sec. 2.
The purpose of this Act is to prevent, combat and | reduce vehicle hijacking and related violent crime as well as
| motor vehicle theft in Illinois; to improve and support | vehicle hijacking and motor vehicle theft
law enforcement, | prosecution and administration of vehicle hijacking and motor | vehicle
theft and insurance verification laws by establishing | statewide planning capabilities for and
coordination of | financial resources.
|
| (Source: P.A. 100-373, eff. 1-1-18.)
| (20 ILCS 4005/3) (from Ch. 95 1/2, par. 1303)
| (Section scheduled to be repealed on January 1, 2025)
| Sec. 3.
As used in this Act:
| (a) (Blank).
| (b) "Council" means the Illinois Vehicle Hijacking and | Motor Vehicle Theft Prevention and Insurance Verification
| Council.
| (b-2) "Director" means the Director of the Secretary of | State Department of Police. | (b-5) "Police" means the Secretary of State Department of | Police. | (b-7) "Secretary" means the Secretary of State. | (c) "Trust Fund" means the Vehicle Hijacking and Motor | Vehicle Theft Prevention and Insurance Verification Trust | Fund.
| (Source: P.A. 100-373, eff. 1-1-18.)
| (20 ILCS 4005/4) (from Ch. 95 1/2, par. 1304)
| (Section scheduled to be repealed on January 1, 2025)
| Sec. 4.
There is hereby created an Illinois Vehicle | Hijacking and Motor
Vehicle Theft Prevention and Insurance | Verification Council, which shall exercise its powers, duties | and
responsibilities. There shall be 11 members of
the Council | consisting of the Secretary of State or his designee, the |
| Director
of the Illinois State Police, the State's Attorney of | Cook County, the
Superintendent of the Chicago Police | Department, and the following 7 additional
members, each of | whom shall be appointed by the Secretary of State: a state's | attorney
of a county other than Cook, a chief executive law | enforcement official from
a jurisdiction other than the City | of Chicago, 5 representatives of insurers
authorized to write | motor vehicle insurance in this State, all of whom shall
be | domiciled in this State.
| The Director shall be the Chairman of the
Council. All | members of the Council appointed by the Secretary
shall serve | at the discretion of the Secretary for a term not to
exceed 4 | years. The Council shall meet at least quarterly.
| (Source: P.A. 102-538, eff. 8-20-21.)
| (20 ILCS 4005/7) (from Ch. 95 1/2, par. 1307)
| (Section scheduled to be repealed on January 1, 2025)
| Sec. 7.
The Council shall have the following powers, | duties and
responsibilities:
| (a) To apply for, solicit, receive, establish | priorities for, allocate,
disburse, contract for, and | spend funds that are made available to the
Council from | any source to effectuate the purposes of this Act.
| (b) To make grants and to provide financial support | for federal and
State agencies, units of local government, | corporations, and neighborhood,
community and business |
| organizations to effectuate the purposes of this Act, to | deter, and investigate, and prosecute recyclable metal | theft, and for to law enforcement agencies to assist in | the identification, apprehension, and prosecution of | vehicle hijackers and the recovery of stolen motor | vehicles recyclable metal theft.
| (c) To assess the scope of the problem of vehicle | hijacking and motor vehicle theft, including
particular | areas of the State where the problem is greatest and to | conduct
impact analyses of State and local criminal | justice policies, programs,
plans and methods for | combating the problem.
| (d) To develop and sponsor the implementation of | statewide plans and
strategies to combat vehicle hijacking | and motor vehicle theft and to improve the administration
| of vehicle hijacking and the motor vehicle theft laws and | provide an effective forum for
identification of critical | problems associated with vehicle hijacking and motor | vehicle theft.
| (e) To coordinate the development, adoption and | implementation of plans
and strategies relating to | interagency or intergovernmental cooperation
with respect | to vehicle hijacking and motor vehicle theft law | enforcement.
| (f) To adopt rules or regulations necessary to ensure | that
appropriate agencies, units of government, private |
| organizations and
combinations thereof are included in the | development and implementation of
strategies or plans | adopted pursuant to this Act and to adopt
rules or | regulations as may otherwise be necessary to effectuate | the
purposes of this Act.
| (g) To report annually, on or before January 1, 2019 | to the Governor,
General Assembly, and, upon request, to | members of the general public on
the Council's activities | in the preceding year.
| (h) To exercise any other powers that are reasonable, | necessary or
convenient to fulfill its responsibilities, | to carry out and to effectuate
the objectives and purposes | of the Council and the provisions of this
Act, and to | comply with the requirements of applicable federal or | State
laws, rules, or regulations; provided, however, that | these powers shall not include
the power to subpoena or | arrest. | (i) To provide funding to the Secretary for the | creation, implementation, and maintenance of an electronic | motor vehicle liability insurance policy verification | program.
| (Source: P.A. 100-373, eff. 1-1-18.)
| (20 ILCS 4005/8) (from Ch. 95 1/2, par. 1308)
| (Section scheduled to be repealed on January 1, 2025)
| Sec. 8.
(a) A special fund is created in the State Treasury |
| known as
the Vehicle Hijacking and Motor Vehicle Theft | Prevention and Insurance Verification Trust Fund, which shall | be administered
by the Secretary at the direction of the | Council.
All interest earned from the investment or deposit of | monies accumulated
in the Trust Fund shall, pursuant to | Section 4.1 of the State Finance Act,
be deposited in the Trust | Fund.
| (b) Money deposited in this Trust Fund shall not be | considered general
revenue of the State of Illinois.
| (c) Money deposited in the Trust Fund shall be used only to | enhance efforts
to effectuate the purposes of this Act as | determined by the Council and shall
not be appropriated, | loaned or in any manner transferred to the General Revenue
| Fund of the State of Illinois.
| (d) Prior to April 1, 1991, and prior to April 1 of each | year thereafter,
each insurer engaged in writing private | passenger motor vehicle insurance
coverages which are included | in Class 2 and Class 3 of Section 4 of the
Illinois Insurance | Code, as a condition of its authority to transact business
in | this State, may collect and shall pay into the Trust Fund an | amount
equal to $1.00, or a
lesser amount determined by the | Council, multiplied by the insurer's total
earned car years of | private passenger motor vehicle insurance policies
providing | physical damage insurance coverage written in this State | during the
preceding calendar year.
| (e) Money in the Trust Fund shall be expended as follows:
|
| (1) To pay the Secretary's costs to administer the | Council and the
Trust Fund, but for this purpose in an | amount not to exceed 10% in
any one fiscal year of the | amount collected pursuant to paragraph (d) of this
Section | in that same fiscal year.
| (2) To achieve the purposes and objectives of this | Act, which may
include, but not be limited to, the | following:
| (A) To provide financial support to law | enforcement and correctional
agencies, prosecutors, | and the judiciary for programs designed to reduce | vehicle hijacking and
motor vehicle theft and to | improve the administration of motor vehicle
theft | laws.
| (B) To provide financial support for federal and | State agencies,
units of local government, | corporations and neighborhood, community or
business | organizations for programs designed to reduce motor | vehicle theft
and to improve the administration of | vehicle hijacking and motor vehicle theft laws.
| (C) To provide financial support to conduct | programs
designed to inform owners of motor vehicles | about the financial and social
costs of vehicle | hijacking, interstate shootings, and motor vehicle | theft and to suggest to those owners methods for
| preventing motor vehicle theft.
|
| (D) To provide financial support for plans, | programs and projects
designed to achieve the purposes | of this Act.
| (3) To provide funding to the Secretary's Vehicle | Services Department for the creation, implementation, and | maintenance of an electronic motor vehicle liability | insurance policy verification program by allocating no | more than 75% of each dollar collected for the first | calendar year after the effective date of this amendatory | Act of the 100th General Assembly and no more than 10% 50% | of each dollar collected for every other year after the | first calendar year after the effective date of this | amendatory Act of the 102nd General Assembly. The | Secretary shall distribute the funds to the Vehicle | Services Department at the beginning of each calendar | year. | (f) Insurers contributing to the Trust Fund shall have a | property interest
in the unexpended money in the Trust Fund, | which property interest shall not be
retroactively changed or | extinguished by the General Assembly.
| (g) In the event the Trust Fund were to be discontinued or | the Council were
to be dissolved by act of the General Assembly | or by operation of law, then,
notwithstanding the provisions | of Section 5 of the State Finance Act, any
balance remaining | therein shall be returned to the insurers writing private
| passenger motor vehicle insurance in proportion to their |
| financial
contributions to the Trust Fund and any assets of | the Council shall be
liquidated and returned in the same | manner after deduction of administrative
costs.
| (Source: P.A. 100-373, eff. 1-1-18.)
| (20 ILCS 4005/8.5) | (Section scheduled to be repealed on January 1, 2025) | Sec. 8.5. State Police Vehicle Hijacking and Motor Vehicle | Theft Prevention Trust Fund. The State Police Vehicle | Hijacking and Motor Vehicle Theft Prevention Trust Fund is | created as a trust fund in the State treasury. The State | Treasurer shall be the custodian of the Trust Fund. The Trust | Fund is established to receive funds from the Illinois Vehicle | Hijacking and Motor Vehicle Theft Prevention and Insurance | Verification Council. All interest earned from the investment | or deposit of moneys accumulated in the Trust Fund shall be | deposited into the Trust Fund. Moneys in the Trust Fund shall | be used by the Illinois State Police for motor vehicle theft | prevention purposes.
| (Source: P.A. 102-538, eff. 8-20-21.)
| Section 10. The State Finance Act is amended by changing | Sections 5, 5.295, 6z-125, and 6z-126 as follows:
| (30 ILCS 105/5) (from Ch. 127, par. 141)
| Sec. 5. Special funds.
|
| (a) There are special funds in the State Treasury | designated as
specified in the Sections which succeed this | Section 5 and precede Section 6.
| (b) Except as provided in the Illinois Vehicle Hijacking | and Motor Vehicle Theft Prevention and Insurance Verification
| Act, when any special fund in the State Treasury is | discontinued by an Act
of the General Assembly, any balance | remaining therein on the effective
date of such Act shall be | transferred to the General Revenue Fund, or to
such other fund | as such Act shall provide. Warrants outstanding against
such | discontinued fund at the time of the transfer of any such | balance
therein shall be paid out of the fund to which the | transfer was made.
| (c) When any special fund in the State Treasury has been | inactive
for 18 months or longer, the fund is automatically | terminated by operation
of law and the balance remaining in | such fund shall be transferred by the
Comptroller to the | General Revenue Fund. When a special fund has been
terminated | by operation of law as provided in this Section, the General
| Assembly shall repeal or amend all Sections of the statutes | creating or
otherwise referring to that fund.
| The Comptroller shall be allowed the discretion to | maintain or dissolve
any federal trust fund which has been | inactive for 18 months or longer.
| (d) (Blank).
| (e) (Blank).
|
| (Source: P.A. 100-373, eff. 1-1-18.)
| (30 ILCS 105/5.295) (from Ch. 127, par. 141.295)
| Sec. 5.295. The Vehicle Hijacking and Motor Vehicle Theft | Prevention and Insurance Verification Trust Fund. | (Source: P.A. 100-373, eff. 1-1-18.)
| (30 ILCS 105/6z-125) | Sec. 6z-125. State Police Training and Academy Fund. The | State Police Training and Academy Fund is hereby created as a | special fund in the State treasury. Moneys in the Fund shall | consist of: (i) 10% of the revenue from increasing the | insurance producer license fees, as provided under subsection | (a-5) of Section 500-135 of the Illinois Insurance Code; and | (ii) 10% of the moneys collected from auto insurance policy | fees under Section 8.6 of the Illinois Vehicle Hijacking and | Motor Vehicle Theft Prevention and Insurance Verification Act. | This Fund shall be used by the Illinois State Police to fund | training and other State Police institutions, including, but | not limited to, forensic laboratories.
| (Source: P.A. 102-16, eff. 6-17-21.)
| (30 ILCS 105/6z-126) | Sec. 6z-126. Law Enforcement Training Fund. The Law | Enforcement Training Fund is hereby created as a special fund | in the State treasury. Moneys in the Fund shall consist of: (i) |
| 90% of the revenue from increasing the insurance producer | license fees, as provided under subsection (a-5) of Section | 500-135 of the Illinois Insurance Code; and (ii) 90% of the | moneys collected from auto insurance policy fees under Section | 8.6 of the Illinois Vehicle Hijacking and Motor Vehicle Theft | Prevention and Insurance Verification Act. This Fund shall be | used by the Illinois Law Enforcement Training and Standards | Board to fund law enforcement certification compliance and the | development and provision of basic courses by Board-approved | academics, and in-service courses by approved academies.
| (Source: P.A. 102-16, eff. 6-17-21.)
| Section 15. The Illinois Vehicle Code is amended by | changing Section 4-109 as follows:
| (625 ILCS 5/4-109)
| Sec. 4-109. Motor Vehicle Theft Prevention Program. The | Secretary of
State, in conjunction with the Motor Vehicle | Theft Prevention and Insurance Verification Council, is
hereby | authorized to establish and operate a Motor Vehicle Theft | Prevention
Program as follows:
| (a) Voluntary program participation.
| (b) The registered owner of a motor vehicle interested in | participating in
the program shall sign an informed consent | agreement designed by the Secretary
of State under subsection | (e) of this Section indicating that the motor vehicle
|
| registered to him is not normally operated between the hours | of 1:00 a.m. and
5:00 a.m. The form and fee, if any, shall be | submitted to the Secretary of
State for processing.
| (c) Upon processing the form, the Secretary of State shall | issue to the
registered owner a decal. The registered owner | shall affix the decal in a
conspicuous place on his motor | vehicle as prescribed by the Secretary of State.
| (d) Whenever any law enforcement officer shall see a motor | vehicle
displaying a decal issued under the provisions of | subsection (c) of this
Section being operated upon the public | highways of this State between the
hours of 1:00 a.m. and 5:00 | a.m., the officer is authorized to stop that
motor vehicle and | to request the driver to produce a valid driver's license
and | motor vehicle registration card if required to be carried in | the
vehicle. Whenever the operator of a motor
vehicle | displaying a decal is unable to produce the documentation set | forth
in this Section, the police officer shall investigate | further to determine
if the person operating the motor vehicle | is the registered owner or has
the authorization of the owner | to operate the vehicle.
| (e) The Secretary of State, in consultation with the | Director of the Illinois State Police and Motor Vehicle Theft | Prevention and Insurance Verification Council,
shall design | the manner and form of the informed consent agreement required
| under subsection (b) of this Section and the decal required | under subsection
(c) of this Section.
|
| (f) The Secretary of State shall provide for the recording | of
registered owners of motor vehicles who participate in the | program. The
records shall be available to all law enforcement | departments, agencies,
and forces. The Secretary of State | shall cooperate with and assist all law
enforcement officers | and other agencies in tracing or examining any
questionable | motor vehicles in order to determine the ownership of the | motor
vehicles.
| (g) A fee not to exceed $10 may be charged for the informed | consent form
and decal provided under this Section. The fee, | if any, shall be set by the
Motor Vehicle Theft Prevention and | Insurance Verification Council and shall be collected by the | Secretary
of State and deposited into the Vehicle Hijacking | and Motor Vehicle Theft Prevention and Insurance Verification | Trust Fund.
| (h) The Secretary of State, in consultation with the | Director of the Illinois State Police and the Motor Vehicle | Theft Prevention and Insurance Verification Council
shall | promulgate rules and regulations to effectuate the purposes of | this
Section.
| (Source: P.A. 102-538, eff. 8-20-21.)
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Effective Date: 1/1/2023
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