20 ILCS 4005/ Illinois Vehicle Hijacking and Motor Vehicle Theft Prevention and Insurance Verification Act.

(20 ILCS 4005/1) (from Ch. 95 1/2, par. 1301)

Sec. 1. This Act shall be known as the Illinois Vehicle Hijacking and Motor Vehicle Theft Prevention and Insurance Verification Act.

(Source: P.A. 102-904, eff. 1-1-23.)

(20 ILCS 4005/2) (from Ch. 95 1/2, par. 1302)

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. 102-904, eff. 1-1-23.)

(20 ILCS 4005/3) (from Ch. 95 1/2, par. 1303)

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. 102-904, eff. 1-1-23.)

(20 ILCS 4005/4) (from Ch. 95 1/2, par. 1304)

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; 102-904, eff. 1-1-23.)

(20 ILCS 4005/5) (from Ch. 95 1/2, par. 1305)

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.)

(20 ILCS 4005/6) (from Ch. 95 1/2, par. 1306)

Sec. 6. The Secretary 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. 100-373, eff. 1-1-18.)

(20 ILCS 4005/7) (from Ch. 95 1/2, par. 1307)

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, investigate, and prosecute recyclable metal theft, and for law enforcement agencies to assist in the identification, apprehension, and prosecution of vehicle hijackers and the recovery of stolen motor vehicles.

(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 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. 102-904, eff. 1-1-23.)

(20 ILCS 4005/8) (from Ch. 95 1/2, par. 1308)

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% of each dollar collected for every 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. 102-904, eff. 1-1-23.)

(20 ILCS 4005/8.5)

Sec. 8.5. (Repealed).

(Source: P.A. 103-154, eff. 6-30-23. Repealed by P.A. 103-363, eff. 7-28-23.)

(20 ILCS 4005/8.6)

Sec. 8.6. Private passenger motor vehicle insurance. Before April 1 of each year, each insurer engaged in writing private passenger motor vehicle insurance coverage that is 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 to the Department of Insurance an amount equal to $4, or a lesser amount determined by the Illinois Law Enforcement Training Standards Board by rule, 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. Of the amounts collected under this Section, the Department of Insurance shall deposit 10% into the State Police Law Enforcement Administration Fund and 90% into the Law Enforcement Training Fund.

(Source: P.A. 102-16, eff. 6-17-21; 102-775, eff. 5-13-22; 102-1071, eff. 6-10-22; 103-154, eff. 6-30-23; 103-609, eff. 7-1-24.)

(20 ILCS 4005/9)

Sec. 9. (Amendatory provisions; text omitted).

(Source: P.A. 86-1408; text omitted.)

(20 ILCS 4005/10)

Sec. 10. (Amendatory provisions; text omitted).

(Source: P.A. 86-1408; text omitted.)

(20 ILCS 4005/11)

Sec. 11. (Amendatory provisions; text omitted).

(Source: P.A. 86-1408; text omitted.)

(20 ILCS 4005/12)

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

Sec. 12. Repeal. Sections 1 through 11 are repealed January 1, 2025.

(Source: P.A. 99-251, eff. 1-1-16; 100-373, eff. 1-1-18. Repealed by P.A. 103-677, eff. 1-1-25.)