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    (Section scheduled to be repealed on January 1, 2025)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    (Section scheduled to be repealed on January 1, 2025)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    (Section scheduled to be repealed on January 1, 2025)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    (Section scheduled to be repealed on January 1, 2025)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