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| Public Act 102-0904 | ||||
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AN ACT concerning finance.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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:
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(20 ILCS 4005/1) (from Ch. 95 1/2, par. 1301)
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(Section scheduled to be repealed on January 1, 2025)
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Sec. 1.
This Act shall be known as the Illinois Vehicle | ||||
Hijacking and Motor Vehicle Theft Prevention and Insurance | ||||
Verification Act.
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(Source: P.A. 100-373, eff. 1-1-18.)
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(20 ILCS 4005/2) (from Ch. 95 1/2, par. 1302)
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(Section scheduled to be repealed on January 1, 2025)
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Sec. 2.
The purpose of this Act is to prevent, combat and | ||||
reduce vehicle hijacking and related violent crime as well as
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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.
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(Source: P.A. 100-373, eff. 1-1-18.)
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(20 ILCS 4005/3) (from Ch. 95 1/2, par. 1303)
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(Section scheduled to be repealed on January 1, 2025)
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Sec. 3.
As used in this Act:
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(a) (Blank).
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(b) "Council" means the Illinois Vehicle Hijacking and | ||
Motor Vehicle Theft Prevention and Insurance Verification
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Council.
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(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.
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(Source: P.A. 100-373, eff. 1-1-18.)
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(20 ILCS 4005/4) (from Ch. 95 1/2, par. 1304)
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(Section scheduled to be repealed on January 1, 2025)
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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.
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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.
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(Source: P.A. 102-538, eff. 8-20-21.)
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(20 ILCS 4005/7) (from Ch. 95 1/2, par. 1307)
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(Section scheduled to be repealed on January 1, 2025)
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Sec. 7.
The Council shall have the following powers, | ||
duties and
responsibilities:
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(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.
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(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.
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(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.
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(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
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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.
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(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.
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(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.
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(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.
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(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.
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(Source: P.A. 100-373, eff. 1-1-18.)
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(20 ILCS 4005/8) (from Ch. 95 1/2, par. 1308)
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(Section scheduled to be repealed on January 1, 2025)
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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.
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(b) Money deposited in this Trust Fund shall not be | ||
considered general
revenue of the State of Illinois.
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(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
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Fund of the State of Illinois.
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(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.
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(e) Money in the Trust Fund shall be expended as follows:
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(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.
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(2) To achieve the purposes and objectives of this | ||
Act, which may
include, but not be limited to, the | ||
following:
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(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.
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(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.
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(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
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preventing motor vehicle theft.
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(D) To provide financial support for plans, | ||
programs and projects
designed to achieve the purposes | ||
of this Act.
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(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.
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(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
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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.
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(Source: P.A. 100-373, eff. 1-1-18.)
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(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.
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(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:
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(30 ILCS 105/5) (from Ch. 127, par. 141)
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Sec. 5. Special funds.
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(a) There are special funds in the State Treasury | ||
designated as
specified in the Sections which succeed this | ||
Section 5 and precede Section 6.
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(b) Except as provided in the Illinois Vehicle Hijacking | ||
and Motor Vehicle Theft Prevention and Insurance Verification
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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.
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(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
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Assembly shall repeal or amend all Sections of the statutes | ||
creating or
otherwise referring to that fund.
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The Comptroller shall be allowed the discretion to | ||
maintain or dissolve
any federal trust fund which has been | ||
inactive for 18 months or longer.
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(d) (Blank).
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(e) (Blank).
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(Source: P.A. 100-373, eff. 1-1-18.)
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(30 ILCS 105/5.295) (from Ch. 127, par. 141.295)
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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.)
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(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.
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(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.
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(Source: P.A. 102-16, eff. 6-17-21.) | ||
Section 15. The Illinois Vehicle Code is amended by | ||
changing Section 4-109 as follows:
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(625 ILCS 5/4-109)
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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:
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(a) Voluntary program participation.
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(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
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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.
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(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.
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(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.
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(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
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under subsection (b) of this Section and the decal required | ||
under subsection
(c) of this Section.
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(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.
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(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.
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(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.
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(Source: P.A. 102-538, eff. 8-20-21.)
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