HB3382sam002 99TH GENERAL ASSEMBLY

Sen. William R. Haine

Filed: 5/15/2015

09900HB3382sam002 LRB099 06174 JLK 35520 a

AMENDMENT TO HOUSE BILL 3382

AMENDMENT NO. ______. Amend House Bill 3382 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Motor Vehicle Theft Prevention Act is amended by changing Sections 2, 3, 4, 7, 8, 8.5, and 12 as follows:

(20 ILCS 4005/2) (from Ch. 95 1/2, par. 1302)

(Section scheduled to be repealed on January 1, 2016)

Sec. 2. The purpose of this Act is to prevent, combat and reduce motor vehicle theft and motor vehicle fraud in Illinois; to improve and support motor vehicle theft law enforcement, prosecution and administration of motor vehicle theft laws by establishing statewide planning capabilities for and coordination of financial resources, including intergovernmental programs to support motor vehicle law enforcement.

(Source: P.A. 86-1408.)

(20 ILCS 4005/3) (from Ch. 95 1/2, par. 1303)

(Section scheduled to be repealed on January 1, 2016)

Sec. 3. As used in this Act:

(a) (Blank) "Authority" means the Illinois Criminal Justice Information Authority.

(b) "Council" means the Illinois Motor Vehicle Theft Prevention Council, established within the Authority by this Act.

(c) "Trust Fund" means the Motor Vehicle Theft Prevention Trust Fund.

(d) "Fund Administrator" means the private entity appointed by the Council that administers the Trust Fund.

(Source: P.A. 86-1408.)

(20 ILCS 4005/4) (from Ch. 95 1/2, par. 1304)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4. There is hereby created within the Authority an Illinois Motor Vehicle Theft Prevention Council, which shall exercise its powers, duties and responsibilities independently of the Authority. There shall be 11 members of the Council consisting of the Secretary of State or his designee, the Director of the Department of State Police or his or her designee, the State's Attorney of Cook County or his or her designee, the Superintendent of the Chicago Police Department or his or her designee, and the following 7 additional members, each of whom shall be appointed by the Governor: 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 Governor from time to time shall designate the Chairman of the Council from the membership. All members of the Council appointed by the Governor shall serve at the discretion of the Governor for a term not to exceed 4 years. The initial appointed members of the Council shall serve from January 1, 1991 until the third Monday in January, 1995 or until their successors are appointed. The Council shall meet at least quarterly.

(Source: P.A. 89-277, eff. 8-10-95.)

(20 ILCS 4005/7) (from Ch. 95 1/2, par. 1307)

(Section scheduled to be repealed on January 1, 2016)

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.

(c) To assess the scope of the problem of motor vehicle theft and motor vehicle fraud, 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 motor vehicle theft and motor vehicle fraud and to improve the administration of the motor vehicle theft laws and provide an effective forum for identification of critical problems associated with motor vehicle theft.

(e) To coordinate the development, adoption and implementation of plans and strategies relating to interagency or intergovernmental cooperation with respect to motor vehicle theft law enforcement.

(f) To promulgate 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 promulgate rules or regulations as may otherwise be necessary to effectuate the purposes of this Act.

(g) To report annually, on or before April 1, 1992 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 or regulations; provided, however, that such powers shall not include the power to subpoena or arrest.

(i) To appoint a private statewide association representing property and casualty insurance companies to administer the Trust Fund.

(Source: P.A. 86-1408.)

(20 ILCS 4005/8) (from Ch. 95 1/2, par. 1308)

(Section scheduled to be repealed on January 1, 2016)

Sec. 8. (a) Beginning on the effective date of this amendatory Act of the 99th General Assembly, a A special fund is created in the State Treasury known as the Motor Vehicle Theft Prevention Trust Fund, a trust fund outside of the State treasury, which shall be administered by a statewide association representing property and casualty insurance companies that pay into the Trust Fund under the provisions of this Section the Executive Director of the Authority 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 administrative costs to support the Council, not to exceed 10% in any one fiscal year of the amount collected pursuant to subsection (d) of this Section in that same fiscal year. To pay the Authority's costs to administer the Council and the Trust Fund, but for this purpose in an amount not to exceed ten percent 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 motor vehicle theft and motor vehicle-related fraud and to improve the administration of related 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 motor vehicle-related fraud and to improve the administration of related 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 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.

(E) To provide financial support for the enforcement and prosecution of Chapters 3, 4, and 5 of the Illinois Vehicle Code.

(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.

(h) The Trust Fund shall be audited annually by an independent auditor who is a certified public accountant and who has been selected by the Council. The independent auditor shall compile an annual report, which shall be filed with the Council and shall be a public record. The auditor shall be paid by the Trust Fund, pursuant to an order of the Council.

(i) The Trust Fund shall be maintained by the Fund Administrator, who shall keep current records of the amounts deposited into the Trust Fund and the amounts paid out of the Trust Fund pursuant to an order of the Council. These records shall be made available to all members of the Council upon reasonable request during normal business hours. The Fund Administrator shall report the balance in the Trust Fund to the Council by the 15th day of each month. For purposes of determining the amount available to make payments under this Section at any meeting of the Council, the Council shall use the Fund Administrator's most recent monthly report. The Fund Administrator shall purchase liability insurance to cover management of the Trust Fund at a cost not to exceed 2% of the balance in the Trust Fund as of January 15th of that year.

(j) Moneys in the Trust Fund may be paid from the Trust Fund only as directed by a written order of the Council for purposes set forth in subsection (e) of this Section.

(Source: P.A. 88-452; 89-277, eff. 8-10-95.)

(20 ILCS 4005/8.5)

(Section scheduled to be repealed on January 1, 2016)

Sec. 8.5. State Police Motor Vehicle Theft Prevention Trust Fund. The State Police 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 Motor Vehicle Theft Prevention 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 Department of State Police for motor vehicle theft and fraud prevention purposes.

(Source: P.A. 97-116, eff. 1-1-12.)

(20 ILCS 4005/12)

Sec. 12. Repeal. Sections 1 through 9 and Section 11 are repealed January 1, 2020 2016.

(Source: P.A. 97-141, eff. 7-14-11.)

(20 ILCS 4005/6 rep.)

Section 10. The Illinois Motor Vehicle Theft Prevention Act is amended by repealing Section 6.

Section 15. The State Finance Act is amended by changing Section 5 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) When Except as provided in the Illinois Motor Vehicle Theft Prevention 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. 90-372, eff. 7-1-98.)

(30 ILCS 105/5.295 rep.)

Section 20. The State Finance Act is amended by repealing Section 5.295.".