Illinois General Assembly - Full Text of HB3699
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB3699  102nd General Assembly

HB3699sam004 102ND GENERAL ASSEMBLY

Sen. Robert F. Martwick

Filed: 4/7/2022

 

 


 

 


 
10200HB3699sam004LRB102 14093 RLC 38971 a

1
AMENDMENT TO HOUSE BILL 3699

2    AMENDMENT NO. ______. Amend House Bill 3699 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Motor Vehicle Theft Prevention
5and Insurance Verification Act is amended by changing Sections
61, 2, 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8    (Section scheduled to be repealed on January 1, 2025)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14    (Section scheduled to be repealed on January 1, 2025)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

 

 

10200HB3699sam004- 2 -LRB102 14093 RLC 38971 a

1reduce vehicle hijacking and related violent crime as well as
2motor vehicle theft in Illinois; to improve and support
3vehicle hijacking and motor vehicle theft law enforcement,
4prosecution and administration of vehicle hijacking and motor
5vehicle theft and insurance verification laws by establishing
6statewide planning capabilities for and coordination of
7financial resources.
8(Source: P.A. 100-373, eff. 1-1-18.)
 
9    (20 ILCS 4005/3)  (from Ch. 95 1/2, par. 1303)
10    (Section scheduled to be repealed on January 1, 2025)
11    Sec. 3. As used in this Act:
12    (a) (Blank).
13    (b) "Council" means the Illinois Vehicle Hijacking and
14Motor Vehicle Theft Prevention and Insurance Verification
15Council.
16    (b-2) "Director" means the Director of the Secretary of
17State Department of Police.
18    (b-5) "Police" means the Secretary of State Department of
19Police.
20    (b-7) "Secretary" means the Secretary of State.
21    (c) "Trust Fund" means the Vehicle Hijacking and Motor
22Vehicle Theft Prevention and Insurance Verification Trust
23Fund.
24(Source: P.A. 100-373, eff. 1-1-18.)
 

 

 

10200HB3699sam004- 3 -LRB102 14093 RLC 38971 a

1    (20 ILCS 4005/4)  (from Ch. 95 1/2, par. 1304)
2    (Section scheduled to be repealed on January 1, 2025)
3    Sec. 4. There is hereby created an Illinois Vehicle
4Hijacking and Motor Vehicle Theft Prevention and Insurance
5Verification Council, which shall exercise its powers, duties
6and responsibilities. There shall be 11 members of the Council
7consisting of the Secretary of State or his designee, the
8Director of the Illinois State Police, the State's Attorney of
9Cook County, the Superintendent of the Chicago Police
10Department, and the following 7 additional members, each of
11whom shall be appointed by the Secretary of State: a state's
12attorney of a county other than Cook, a chief executive law
13enforcement official from a jurisdiction other than the City
14of Chicago, 5 representatives of insurers authorized to write
15motor vehicle insurance in this State, all of whom shall be
16domiciled in this State.
17    The Director shall be the Chairman of the Council. All
18members of the Council appointed by the Secretary shall serve
19at the discretion of the Secretary for a term not to exceed 4
20years. The Council shall meet at least quarterly.
21(Source: P.A. 102-538, eff. 8-20-21.)
 
22    (20 ILCS 4005/7)  (from Ch. 95 1/2, par. 1307)
23    (Section scheduled to be repealed on January 1, 2025)
24    Sec. 7. The Council shall have the following powers,
25duties and responsibilities:

 

 

10200HB3699sam004- 4 -LRB102 14093 RLC 38971 a

1        (a) To apply for, solicit, receive, establish
2    priorities for, allocate, disburse, contract for, and
3    spend funds that are made available to the Council from
4    any source to effectuate the purposes of this Act.
5        (b) To make grants and to provide financial support
6    for federal and State agencies, units of local government,
7    corporations, and neighborhood, community and business
8    organizations to effectuate the purposes of this Act, to
9    deter, and investigate, and prosecute recyclable metal
10    theft, and for to law enforcement agencies to assist in
11    the identification, apprehension, and prosecution of
12    vehicle hijackers and the recovery of stolen motor
13    vehicles recyclable metal theft.
14        (c) To assess the scope of the problem of vehicle
15    hijacking and motor vehicle theft, including particular
16    areas of the State where the problem is greatest and to
17    conduct impact analyses of State and local criminal
18    justice policies, programs, plans and methods for
19    combating the problem.
20        (d) To develop and sponsor the implementation of
21    statewide plans and strategies to combat vehicle hijacking
22    and motor vehicle theft and to improve the administration
23    of vehicle hijacking and the motor vehicle theft laws and
24    provide an effective forum for identification of critical
25    problems associated with vehicle hijacking and motor
26    vehicle theft.

 

 

10200HB3699sam004- 5 -LRB102 14093 RLC 38971 a

1        (e) To coordinate the development, adoption and
2    implementation of plans and strategies relating to
3    interagency or intergovernmental cooperation with respect
4    to vehicle hijacking and motor vehicle theft law
5    enforcement.
6        (f) To adopt rules or regulations necessary to ensure
7    that appropriate agencies, units of government, private
8    organizations and combinations thereof are included in the
9    development and implementation of strategies or plans
10    adopted pursuant to this Act and to adopt rules or
11    regulations as may otherwise be necessary to effectuate
12    the purposes of this Act.
13        (g) To report annually, on or before January 1, 2019
14    to the Governor, General Assembly, and, upon request, to
15    members of the general public on the Council's activities
16    in the preceding year.
17        (h) To exercise any other powers that are reasonable,
18    necessary or convenient to fulfill its responsibilities,
19    to carry out and to effectuate the objectives and purposes
20    of the Council and the provisions of this Act, and to
21    comply with the requirements of applicable federal or
22    State laws, rules, or regulations; provided, however, that
23    these powers shall not include the power to subpoena or
24    arrest.
25        (i) To provide funding to the Secretary for the
26    creation, implementation, and maintenance of an electronic

 

 

10200HB3699sam004- 6 -LRB102 14093 RLC 38971 a

1    motor vehicle liability insurance policy verification
2    program.
3(Source: P.A. 100-373, eff. 1-1-18.)
 
4    (20 ILCS 4005/8)  (from Ch. 95 1/2, par. 1308)
5    (Section scheduled to be repealed on January 1, 2025)
6    Sec. 8. (a) A special fund is created in the State Treasury
7known as the Vehicle Hijacking and Motor Vehicle Theft
8Prevention and Insurance Verification Trust Fund, which shall
9be administered by the Secretary at the direction of the
10Council. All interest earned from the investment or deposit of
11monies accumulated in the Trust Fund shall, pursuant to
12Section 4.1 of the State Finance Act, be deposited in the Trust
13Fund.
14    (b) Money deposited in this Trust Fund shall not be
15considered general revenue of the State of Illinois.
16    (c) Money deposited in the Trust Fund shall be used only to
17enhance efforts to effectuate the purposes of this Act as
18determined by the Council and shall not be appropriated,
19loaned or in any manner transferred to the General Revenue
20Fund of the State of Illinois.
21    (d) Prior to April 1, 1991, and prior to April 1 of each
22year thereafter, each insurer engaged in writing private
23passenger motor vehicle insurance coverages which are included
24in Class 2 and Class 3 of Section 4 of the Illinois Insurance
25Code, as a condition of its authority to transact business in

 

 

10200HB3699sam004- 7 -LRB102 14093 RLC 38971 a

1this State, may collect and shall pay into the Trust Fund an
2amount equal to $1.00, or a lesser amount determined by the
3Council, multiplied by the insurer's total earned car years of
4private passenger motor vehicle insurance policies providing
5physical damage insurance coverage written in this State
6during the preceding calendar year.
7    (e) Money in the Trust Fund shall be expended as follows:
8        (1) To pay the Secretary's costs to administer the
9    Council and the Trust Fund, but for this purpose in an
10    amount not to exceed 10% in any one fiscal year of the
11    amount collected pursuant to paragraph (d) of this Section
12    in that same fiscal year.
13        (2) To achieve the purposes and objectives of this
14    Act, which may include, but not be limited to, the
15    following:
16            (A) To provide financial support to law
17        enforcement and correctional agencies, prosecutors,
18        and the judiciary for programs designed to reduce
19        vehicle hijacking and motor vehicle theft and to
20        improve the administration of motor vehicle theft
21        laws.
22            (B) To provide financial support for federal and
23        State agencies, units of local government,
24        corporations and neighborhood, community or business
25        organizations for programs designed to reduce motor
26        vehicle theft and to improve the administration of

 

 

10200HB3699sam004- 8 -LRB102 14093 RLC 38971 a

1        vehicle hijacking and motor vehicle theft laws.
2            (C) To provide financial support to conduct
3        programs designed to inform owners of motor vehicles
4        about the financial and social costs of vehicle
5        hijacking, interstate shootings, and motor vehicle
6        theft and to suggest to those owners methods for
7        preventing motor vehicle theft.
8            (D) To provide financial support for plans,
9        programs and projects designed to achieve the purposes
10        of this Act.
11        (3) To provide funding to the Secretary's Vehicle
12    Services Department for the creation, implementation, and
13    maintenance of an electronic motor vehicle liability
14    insurance policy verification program by allocating no
15    more than 75% of each dollar collected for the first
16    calendar year after the effective date of this amendatory
17    Act of the 100th General Assembly and no more than 10% 50%
18    of each dollar collected for every other year after the
19    first calendar year after the effective date of this
20    amendatory Act of the 102nd General Assembly. The
21    Secretary shall distribute the funds to the Vehicle
22    Services Department at the beginning of each calendar
23    year.
24    (f) Insurers contributing to the Trust Fund shall have a
25property interest in the unexpended money in the Trust Fund,
26which property interest shall not be retroactively changed or

 

 

10200HB3699sam004- 9 -LRB102 14093 RLC 38971 a

1extinguished by the General Assembly.
2    (g) In the event the Trust Fund were to be discontinued or
3the Council were to be dissolved by act of the General Assembly
4or by operation of law, then, notwithstanding the provisions
5of Section 5 of the State Finance Act, any balance remaining
6therein shall be returned to the insurers writing private
7passenger motor vehicle insurance in proportion to their
8financial contributions to the Trust Fund and any assets of
9the Council shall be liquidated and returned in the same
10manner after deduction of administrative costs.
11(Source: P.A. 100-373, eff. 1-1-18.)
 
12    (20 ILCS 4005/8.5)
13    (Section scheduled to be repealed on January 1, 2025)
14    Sec. 8.5. State Police Vehicle Hijacking and Motor Vehicle
15Theft Prevention Trust Fund. The State Police Vehicle
16Hijacking and Motor Vehicle Theft Prevention Trust Fund is
17created as a trust fund in the State treasury. The State
18Treasurer shall be the custodian of the Trust Fund. The Trust
19Fund is established to receive funds from the Illinois Vehicle
20Hijacking and Motor Vehicle Theft Prevention and Insurance
21Verification Council. All interest earned from the investment
22or deposit of moneys accumulated in the Trust Fund shall be
23deposited into the Trust Fund. Moneys in the Trust Fund shall
24be used by the Illinois State Police for motor vehicle theft
25prevention purposes.

 

 

10200HB3699sam004- 10 -LRB102 14093 RLC 38971 a

1(Source: P.A. 102-538, eff. 8-20-21.)
 
2    Section 10. The State Finance Act is amended by changing
3Sections 5, 5.295, 6z-125, and 6z-126 as follows:
 
4    (30 ILCS 105/5)  (from Ch. 127, par. 141)
5    Sec. 5. Special funds.
6    (a) There are special funds in the State Treasury
7designated as specified in the Sections which succeed this
8Section 5 and precede Section 6.
9    (b) Except as provided in the Illinois Vehicle Hijacking
10and Motor Vehicle Theft Prevention and Insurance Verification
11Act, when any special fund in the State Treasury is
12discontinued by an Act of the General Assembly, any balance
13remaining therein on the effective date of such Act shall be
14transferred to the General Revenue Fund, or to such other fund
15as such Act shall provide. Warrants outstanding against such
16discontinued fund at the time of the transfer of any such
17balance therein shall be paid out of the fund to which the
18transfer was made.
19    (c) When any special fund in the State Treasury has been
20inactive for 18 months or longer, the fund is automatically
21terminated by operation of law and the balance remaining in
22such fund shall be transferred by the Comptroller to the
23General Revenue Fund. When a special fund has been terminated
24by operation of law as provided in this Section, the General

 

 

10200HB3699sam004- 11 -LRB102 14093 RLC 38971 a

1Assembly shall repeal or amend all Sections of the statutes
2creating or otherwise referring to that fund.
3    The Comptroller shall be allowed the discretion to
4maintain or dissolve any federal trust fund which has been
5inactive for 18 months or longer.
6    (d) (Blank).
7    (e) (Blank).
8(Source: P.A. 100-373, eff. 1-1-18.)
 
9    (30 ILCS 105/5.295)  (from Ch. 127, par. 141.295)
10    Sec. 5.295. The Vehicle Hijacking and Motor Vehicle Theft
11Prevention and Insurance Verification Trust Fund.
12(Source: P.A. 100-373, eff. 1-1-18.)
 
13    (30 ILCS 105/6z-125)
14    Sec. 6z-125. State Police Training and Academy Fund. The
15State Police Training and Academy Fund is hereby created as a
16special fund in the State treasury. Moneys in the Fund shall
17consist of: (i) 10% of the revenue from increasing the
18insurance producer license fees, as provided under subsection
19(a-5) of Section 500-135 of the Illinois Insurance Code; and
20(ii) 10% of the moneys collected from auto insurance policy
21fees under Section 8.6 of the Illinois Vehicle Hijacking and
22Motor Vehicle Theft Prevention and Insurance Verification Act.
23This Fund shall be used by the Illinois State Police to fund
24training and other State Police institutions, including, but

 

 

10200HB3699sam004- 12 -LRB102 14093 RLC 38971 a

1not limited to, forensic laboratories.
2(Source: P.A. 102-16, eff. 6-17-21.)
 
3    (30 ILCS 105/6z-126)
4    Sec. 6z-126. Law Enforcement Training Fund. The Law
5Enforcement Training Fund is hereby created as a special fund
6in the State treasury. Moneys in the Fund shall consist of: (i)
790% of the revenue from increasing the insurance producer
8license fees, as provided under subsection (a-5) of Section
9500-135 of the Illinois Insurance Code; and (ii) 90% of the
10moneys collected from auto insurance policy fees under Section
118.6 of the Illinois Vehicle Hijacking and Motor Vehicle Theft
12Prevention and Insurance Verification Act. This Fund shall be
13used by the Illinois Law Enforcement Training and Standards
14Board to fund law enforcement certification compliance and the
15development and provision of basic courses by Board-approved
16academics, and in-service courses by approved academies.
17(Source: P.A. 102-16, eff. 6-17-21.)
 
18    Section 15. The Illinois Vehicle Code is amended by
19changing Section 4-109 as follows:
 
20    (625 ILCS 5/4-109)
21    Sec. 4-109. Motor Vehicle Theft Prevention Program. The
22Secretary of State, in conjunction with the Motor Vehicle
23Theft Prevention and Insurance Verification Council, is hereby

 

 

10200HB3699sam004- 13 -LRB102 14093 RLC 38971 a

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

 

 

10200HB3699sam004- 14 -LRB102 14093 RLC 38971 a

1to operate the vehicle.
2    (e) The Secretary of State, in consultation with the
3Director of the Illinois State Police and Motor Vehicle Theft
4Prevention and Insurance Verification Council, shall design
5the manner and form of the informed consent agreement required
6under subsection (b) of this Section and the decal required
7under subsection (c) of this Section.
8    (f) The Secretary of State shall provide for the recording
9of registered owners of motor vehicles who participate in the
10program. The records shall be available to all law enforcement
11departments, agencies, and forces. The Secretary of State
12shall cooperate with and assist all law enforcement officers
13and other agencies in tracing or examining any questionable
14motor vehicles in order to determine the ownership of the
15motor vehicles.
16    (g) A fee not to exceed $10 may be charged for the informed
17consent form and decal provided under this Section. The fee,
18if any, shall be set by the Motor Vehicle Theft Prevention and
19Insurance Verification Council and shall be collected by the
20Secretary of State and deposited into the Vehicle Hijacking
21and Motor Vehicle Theft Prevention and Insurance Verification
22Trust Fund.
23    (h) The Secretary of State, in consultation with the
24Director of the Illinois State Police and the Motor Vehicle
25Theft Prevention and Insurance Verification Council shall
26promulgate rules and regulations to effectuate the purposes of

 

 

10200HB3699sam004- 15 -LRB102 14093 RLC 38971 a

1this Section.
2(Source: P.A. 102-538, eff. 8-20-21.)".