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Public Act 102-0904


 

Public Act 0904 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0904
 
HB3699 EnrolledLRB102 14093 RJF 19445 b

    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    (Section scheduled to be repealed on January 1, 2025)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    (Section scheduled to be repealed on January 1, 2025)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    (Section scheduled to be repealed on January 1, 2025)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    (Section scheduled to be repealed on January 1, 2025)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.)

Effective Date: 1/1/2023