Bill Amendment: IL HB3613 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: LAW ENFORCEMENT VEH REV LOAN

Status: 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3613 Detail]

Download: Illinois-2015-HB3613-House_Amendment_001.html

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Rep. Donald L. Moffitt

Filed: 3/23/2015

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AMENDMENT TO HOUSE BILL 3613
AMENDMENT NO. ______. Amend House Bill 3613 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Finance Authority Act is amended
by adding Section 825-86 as follows:
(20 ILCS 3501/825-86 new)
Sec. 825-86. Law enforcement vehicle revolving loan
program.
(a) The Authority and the Illinois Law Enforcement Training
Standards Board shall jointly administer a law enforcement
vehicle revolving loan program. The program may, in instances
in which sufficient loan funds exist to permit applications to
be accepted, provide zero-interest and low-interest loans for
the purchase of law enforcement vehicles by a local
governmental agency.
(b) For the purposes of this Section "local governmental

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agency" means any local governmental unit or municipal
corporation in this State. It does not include the State of
Illinois or any office, officer, department, division, bureau,
board, commission, or agency of the State, except that it does
include a State-controlled university, college, or public
community college.
(c) The program may provide loans at a 2% rate of simple
interest per year for a vehicle that is both built and sold
outside Illinois, a 1% rate of simple interest per year for a
vehicle that is either built or sold in Illinois, or a 0% rate
of interest for a vehicle if it is both built and sold in
Illinois. The Authority may make loans based on need and
geographic equity, as determined by the Illinois Law
Enforcement Training Standards Board.
(d) The loan funds, subject to appropriation, may be paid
out of the Law Enforcement Vehicle Revolving Loan Fund, a
special fund in the State treasury. The Fund shall consist of
any moneys transferred or appropriated into the Fund, as well
as all repayments of loans made under the program and any
balance existing in the Fund on the effective date of this
amendatory Act of the 99th General Assembly. The Fund shall be
used for loans to local governmental agencies and for no other
purpose. All interest earned on moneys in the Fund shall be
deposited into the Fund. All moneys deposited into the Law
Enforcement Vehicle Revolving Loan Fund under this Section may
be paid by the Illinois Law Enforcement Training Standards

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Board to the Authority under the continuing appropriation
provision of subsection (d-1) of this Section; provided that
the Authority and the Illinois Law Enforcement Training
Standards Board enter into an intergovernmental agreement to
use the moneys transferred to the Authority from the Fund
solely for the purposes for which the moneys would otherwise be
used under this Section and to set forth procedures to
otherwise administer the use of the moneys.
(d-1) There is appropriated, on a continuing annual basis
in each fiscal year, from the Law Enforcement Vehicle Revolving
Loan Fund, the amount, if any, of funds deposited into the Law
Enforcement Vehicle Revolving Loan Fund to the Law Enforcement
Training Standards Board for payment to the Authority for the
purposes for which the moneys would otherwise be used under
this Section.
(e) A loan for the purchase of a law enforcement vehicle
may not exceed $100,000 to any local governmental agency. The
repayment period for the loan may not exceed 10 years. The
local governmental agency shall repay each year at least 5% of
the principal amount borrowed or the remaining balance of the
loan, whichever is less. All repayments of loans shall be
deposited into the Law Enforcement Vehicle Revolving Loan Fund.
(f) The Authority and the Law Enforcement Training
Standards Board may adopt rules in accordance with the Illinois
Administrative Procedure Act to administer the program.

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Section 10. The State Finance Act is amended by adding
Section 5.866 as follows:
(30 ILCS 105/5.866 new)
Sec. 5.866. The Law Enforcement Vehicle Revolving Loan
Fund.
Section 15. The Unified Code of Corrections is amended by
adding Section 5-9-1.22 as follows:
(730 ILCS 5/5-9-1.22 new)
Sec. 5-9-1.22. Additional fines; offenses against peace
officers.
(a) In addition to any other penalty imposed, a fine of $50
shall be imposed upon a person convicted of any of the
following offenses against a peace officer:
(1) under the Illinois Vehicle Code:
(A) Section 11-204 (fleeing or attempting to elude
a peace officer);
(B) Section 11-204.1 (aggravated fleeing or
attempting to elude a peace officer);
(C) Section 11-401 (leaving the scene of an
accident involving injuries or death);
(D) Section 11-402 (leaving the scene of an
accident, vehicle damage);
(E) Section 11-403 (duty to give information and

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render aid);
(F) Section 11-404 (duty upon damaging unattended
vehicle or other property);
(G) Section 11-406 (duty to report accident); or
(H) Section 11-601(a) (driving too fast for
conditions).
(2) under the Criminal Code of 2012:
(A) Section 12-3.05 (a)(3) and (d)(4) (aggravated
battery of a peace officer and related offenses);
(B) Section 12-3.05 (e)(2) and (e)(6) (aggravated
battery, discharge of a firearm or machine gun at a
peace officer and related offenses);
(C) Section 12-6.2 (aggravated intimidation);
(D) Section 12-9 (threatening public officials;
human service provider);
(E) Section 17-2(b)(3) through (6) and (d) (false
impersonation of a peace officer and related
offenses);
(F) Section 31-1 (resisting or obstructing a peace
officer, firefighter, or correctional institution
employee);
(G) Section 31-1a (a) and (b) (disarming a peace
officer or correctional institution employee);
(H) Section 31-4.5 (obstructing identification);
or
(I) Section 31-8 (refusing to aid an officer).

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(b) The additional fine shall be assessed by the court
imposing sentence and shall be collected by the Circuit Clerk
in addition to the fine, if any, and costs in the case. Each
additional fine shall be remitted by the Circuit Clerk within
one month after receipt to the State Treasurer for deposit into
the Law Enforcement Vehicle Revolving Loan Fund in the State
treasury. The Circuit Clerk shall retain 10% of the fine to
cover the costs incurred in administering and enforcing this
Section. The additional fine may not be considered a part of
the fine for purposes of any reduction in the fine for time
served either before or after sentencing.".