Automobile Theft Prevention Act Exposed

The Automobile Theft Prevention Act was adopted by ALEC's Criminal Justice Task Force and approved by the ALEC Board of Directors prior to 2001. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

Summary

This Act would establish the Automobile Theft Prevention Authority.

The Authority would provide financial support for increased law enforcement and other specified programs to combat automobile theft.

Model Legislation

{Title, enacting clause, etc.}

Section 1. {Title.}

This Act may be cited as the Automobile Theft Prevention Act.

Section 2. {Statement of purpose.}

The purpose of this Act is to prevent, combat, 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.

(C) "Trust fund" means the Automobile Theft Prevention Trust Fund.

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 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.

Section 9. {Immunity.}

No member or personnel of the Authority shall be subject to 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.