2005 Illinois Code - Chapter 20 Executive Branch 20 ILCS 4005/ Illinois Motor Vehicle Theft Prevention Act.
(20 ILCS 4005/1) (from Ch. 95 1/2, par. 1301)
(Section scheduled to be repealed on January 1, 2008)
Sec. 1.
This Act shall be known as the Illinois Motor Vehicle Theft Prevention Act.
(Source: P.A. 86‑1408.)
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(20 ILCS 4005/2) (from Ch. 95 1/2, par. 1302)
(Section scheduled to be repealed on January 1, 2008)
Sec. 2.
The purpose of this Act is to prevent, combat and reduce
motor vehicle theft 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.
(Source: P.A. 86‑1408.)
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(20 ILCS 4005/3) (from Ch. 95 1/2, par. 1303)
(Section scheduled to be repealed on January 1, 2008)
Sec. 3.
As used in this Act:
(a) "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.
(Source: P.A. 86‑1408.)
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(20 ILCS 4005/4) (from Ch. 95 1/2, par. 1304)
(Section scheduled to be repealed on January 1, 2008)
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, 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 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.)
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(20 ILCS 4005/5) (from Ch. 95 1/2, par. 1305)
(Section scheduled to be repealed on January 1, 2008)
Sec. 5.
Members of the Council shall serve without compensation.
All
members shall be reimbursed for reasonable expenses incurred in connection
with their duties.
(Source: P.A. 86‑1408.)
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(20 ILCS 4005/6) (from Ch. 95 1/2, par. 1306)
(Section scheduled to be repealed on January 1, 2008)
Sec. 6.
The Executive Director of the Authority shall employ, in
accordance with the provisions of the Illinois Personnel Code, such
administrative, professional, clerical, and other personnel as may be
required and may organize such staff as may be appropriate to effectuate
the purposes of this Act.
(Source: P.A. 86‑1408.)
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(20 ILCS 4005/7) (from Ch. 95 1/2, par. 1307)
(Section scheduled to be repealed on January 1, 2008)
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, 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 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.
(Source: P.A. 86‑1408.)
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(20 ILCS 4005/8) (from Ch. 95 1/2, par. 1308)
(Section scheduled to be repealed on January 1, 2008)
Sec. 8.
(a) A special fund is created in the State Treasury known as
the Motor Vehicle Theft Prevention Trust Fund, which shall be administered
by 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 Authority's costs to administer the |
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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.
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(2) To achieve the purposes and objectives of this
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Act, which may include, but not be limited to, the following:
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(A) To provide financial support to law
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enforcement and correctional agencies, prosecutors, and the judiciary for programs designed to reduce motor vehicle theft and to improve the administration of motor vehicle theft laws.
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(B) To provide financial support for federal and
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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 motor vehicle theft laws.
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(C) To provide financial support to conduct
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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.
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(D) To provide financial support for plans,
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programs and projects designed to achieve the purposes of this Act.
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(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. 88‑452; 89‑277, eff. 8‑10‑95.)
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(20 ILCS 4005/9)
Sec. 9.
(Amendatory provisions; text omitted).
(Source: P.A. 86‑1408; text omitted.)
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(20 ILCS 4005/10)
Sec. 10.
(Amendatory provisions; text omitted).
(Source: P.A. 86‑1408; text omitted.)
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(20 ILCS 4005/11)
Sec. 11.
(Amendatory provisions; text omitted).
(Source: P.A. 86‑1408; text omitted.)
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(20 ILCS 4005/12)
Sec. 12.
Sections 1 through 9 and Section 11 are repealed January 1,
2008.
(Source: P.A. 93‑172, eff. 7‑10‑03.)
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