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ghostwrite “model” bills to
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inInsurance,
state
Commerce,
Automobile Theft Prevention Act
andacross
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the country.
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includes major tax
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Energy,
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to Relations
offshore U.S.
Federal
This Act would establish the Automobile Theft Prevention Authority.
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and Human
wage,Health
and efforts
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weaken
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The Authority would provide financial support for increased law enforcement and other
safety,International
and environmental
Relations
specified programs to combat automobile theft.
protections. Although many
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have and
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Section 1. {Title.} This Act may be cited as the Automobile Theft Prevention Act.
changing the legal rules
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and undermining democracy
across the nation.
Section 2. {Statement of purpose.} The purpose of this Act is to prevent, combat,

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and reduce automobile theft; to improve and support automobile theft law enforcement,
prosecution, and administration of automobile theft laws by establishing statewide
planning capabilities for and coordination of financial resources.

Section 3. {Definitions.} As used in this Act:

(A) "Authority" means the Automobile Theft Prevention Authority, established by this Act.

(B) "Automobile" means a motor vehicle with four wheels, which:

(1) is owned or leased by an individual or by spouses who are residents of the same
household;

(2) has a gross vehicle weight of less than 10,000 pounds;

(3) is not used as a public livery or conveyance;

(4) is not used for the delivery or transportation of goods or materials; and

(5) is not rented to others.

Exposed

(C) "Trust fund" means the Automobile Theft Prevention Trust Fund.
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Section 4. {Authority created.}

(A) There is hereby created an Automobile Theft Prevention Authority. There shall be nine
members of the Authority consisting of the (secretary of state/director of the department
of motor vehicles), the director of the department of insurance, the director of the state
police, and the following six additional members, each of whom shall be appointed by the
governor: a district attorney, a chief law enforcement official from a municipality, three
representatives of insurers authorized to write motor vehicle insurance in this state, and
one representative of purchasers of automobile insurance in this state who is not
employed by or connected with the business of insurance.

(B) The governor from time to time shall designate the chairman of the Authority from
the membership. All members of the Authority appointed by the governor shall serve at
the discretion of the governor for a term not to exceed four years. The initial appointed
members of the Authority shall serve from January 1 through December 31 or until their
successors are appointed. The Authority shall meet at least quarterly.

Section 5. {Compensation.} Members of the Authority shall serve without

compensation. All members shall be reimbursed for reasonable expenses incurred in
connection with their duties.

Section 6. {Personnel.} The Authority shall employ 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.

Section 7. {Powers and duties.} The Authority 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 Authority 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, consumer, and
business organizations to effectuate the purposes of this Act.

(C) To assess the scope of the problem of automobile 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 automobile theft and to improve the administration of the automobile theft laws
and provide an effective forum for identification of critical problems associated with
automobile theft.

(E) To coordinate the development, adoption, and implementation of plans and strategies
relating to inter-agency or intergovernmental cooperation with respect to automobile
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 the rules or regulations as may otherwise be necessary to effectuate the
purposes of this Act.

(G) To report on or before (date as determined by legislature) and prior to (date as
determined by legislature) of each year thereafter, to the governor and legislature, and,
upon request, to members of the general public on the Authority'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
Authority and the provisions of this Act, and to comply with the requirements of

Exposed

By the Center for
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applicable federal or state laws or regulations; provided, however, that such powers shall
not include the power to subpoena or arrest.

Section 8. {Fund created.}

(A) A special fund is created in the state treasury known as the Automobile Theft
Prevention Trust Fund, which shall be administered by the Authority. All interest earned
from the investment or deposit of monies accumulated in the trust fund shall be
deposited in the trust fund.

(B) Money deposited in this trust fund shall not be considered general revenue of the
state.

(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 Authority.

(D) Prior to (date as determined by legislature), and prior to (date as determined by
legislature) of each year thereafter, each insurer engaged in writing automobile insurance
coverage, as a condition of its authority to transact business in this state, shall pay into
the trust fund an amount equal to (amount as determined by legislature) multiplied by
the insurer's total earned car years of personal automobile insurance policies providing
comprehensive insurance coverage, issued or renewed on or after the effective date of
this Act, in this state during the preceding calendar year.

(E) Money in the trust fund shall be expended as follows:

(1) to pay the costs to administer the Authority and the trust fund;

(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 automobile theft and to
improve the administration of automobile 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 automobile theft and to improve the administration of automobile
theft laws.

(c) to provide financial support to conduct programs designed to inform owners of
automobiles about the financial and social costs of automobile theft and to suggest to
those owners methods for preventing automobile theft.

(d) to provide financial support for tip reward programs leading to the arrest and
conviction of persons and organizations engaged in automobile theft.

(e) to provide financial support for plans, programs, and projects consistent with the
purposes of this Act.

(F) In the event the trust fund were to be discontinued or the Authority were to be
dissolved by act of the (legislature/general assembly) or by operation of laws, then any
balance remaining therein shall be returned to the insurers writing automobile insurance
in proportion to their financial contributions to the trust fund in the preceding calendar
year and any assets of the Authority shall be liquidated and returned, after deduction of
administrative costs.

(G) In the event that the Authority determines that the balance in the trust fund is
sufficient to meet the reasonably foreseeable expenses and obligations of the Authority
for any given period of time, if all loans under Section 10 have been repaid, the Authority
may temporarily suspend the collection under Subsection (D) of this Section for up to one
year.

Exposed

Section 9. {Immunity.} No member or personnel of the Authority shall be subject to
By the Center for
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any civil or criminal liability for receiving or releasing any information related to
automobile theft. Persons and organizations providing information to the Authority or its
personnel relating to automobile theft shall likewise not be subject to any civil or criminal
liability.

Section 10. {Loan.} The legislature may appropriate funds to the trust fund for the

purposes of reimbursing Authority member expenses and compensating personnel of the
Authority. Such loan shall be repaid by the trust fund as soon as practicable following
receipt of assessments under Section 8 (D) of this Act.

Section 11. {Severability clause.}

Section 12. {Repealer clause.}

Section 13. {Effective date.}

Adopted by the Criminal Justice Task Force and approved by the ALEC Board of Directors
prior to 2001.

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