Bill Status of SB 1879   95th General Assembly

Short Description:  HUMAN RTS, FAIRNESS IN LENDING

Senate Sponsors
Sen. Jacqueline Y. Collins-Iris Y. Martinez-Mattie Hunter, Martin A. Sandoval, Antonio Munoz and Ira I. Silverstein

House Sponsors
(Rep. Marlow H. Colvin-Deborah L. Graham-Karen A. Yarbrough-Al Riley-Barbara Flynn Currie, Milton Patterson, Edward J. Acevedo, Cynthia Soto, Elizabeth Hernandez, Karen May, Naomi D. Jakobsson, David E. Miller, Constance A. Howard and Mike Boland)


Last Action  View All Actions

DateChamber Action
  9/25/2008SenatePublic Act . . . . . . . . . 95-0961

Statutes Amended In Order of Appearance
New Act

Synopsis As Introduced
Creates the Mortgage Steering Act. Prohibits mortgage loan steering or other specified fee and loan practices, based upon (i) the borrower's credit history, (ii) the borrower's capacity to repay the loan, and (iii) the property on which the loan is secured, because of that borrower’s race, gender, age, disability, or national origin. Provides that the Attorney General shall enforce the Act and grants the Attorney General the additional listed enforcement powers. Provides for injunctive relief, restitution, and civil penalties for violations of the Act. Provides that a person who suffers actual damages as a result of a violation of the Act by a lender may bring an action against that lender and may be awarded actual economic damages or any other relief that the court deems proper. Provides that any waiver or modification of the rights, provisions, or remedies of the Act shall be void and unenforceable.

Senate Committee Amendment No. 1
Deletes reference to:
New Act
Adds reference to:
775 ILCS 5/10-104
815 ILCS 120/3from Ch. 17, par. 853

Replaces everything after the enacting clause. Amends the Illinois Human Rights Act. In provisions concerning relief, provides that the Attorney General may request and the Court may impose a civil penalty to vindicate the public interest (1) for violations of specified provisions in an amount not exceeding $25,000 per violation, and in the case of all other violations in an amount not exceeding $10,000 if the defendant has not been adjudged to have committed any prior civil rights violations under the provision of the Act that is the basis of the complaint; (2) for violations of specified provisions in an amount not exceeding $50,000 per violation, and in the case of all other violations in an amount not exceeding $25,000 if the defendant has been adjudged to have committed one other civil rights violation under the provision of the Act within 5 years of the occurrence of the civil rights violation that is the basis of the complaint; and (3) for violations of specified provisions in an amount not exceeding $75,000 per violation, and in the case of all other violations in an amount not exceeding $50,000 if the defendant has been adjudged to have committed 2 or more civil rights violations under the provision of the Act within 5 years of the occurrence of the civil rights violation that is the basis of the complaint. Amends the Illinois Fairness in Lending Act. Provides that no financial institution, in connection with or in contemplation of any loan to any person, may deny or vary the terms of a loan on the basis of the borrower's race, gender, disability, or national origin. Effective immediately.

Senate Floor Amendment No. 2
In provisions concerning civil penalties, changes references from "all other violations" to "violations of all other Articles" and restores an amount that was inadvertently stricken.

House Amendment No. 3
Adds reference to:
735 ILCS 5/15-1504.5 new
735 ILCS 5/15-1505.5 new
735 ILCS 5/15-1510from Ch. 110, par. 15-1510

Deletes everything after the enacting clause. Reinserts the contents of the engrossed bill with the following changes. Amends the Code of Civil Procedure. Provides that for all residential foreclosure actions filed, the plaintiff must attach a Homeowner Notice to the summons that contains specified information. Contains provisions concerning the preparation and delivery of payoff demand statements. Contains provisions concerning attorney's fees and costs associated with foreclosure actions. Contains varied effective dates.

Governor Amendatory Veto Message
Recommends that language be added to the Code of Civil Procedure providing that: except for home loans in which any borrower has filed for relief under the U.S. Bankruptcy Code, if a home loan becomes delinquent by more than 30 days, the servicer shall send a notice, with specified contents, advising the borrower that he or she may wish to seek approved credit counseling; upon mailing the notice, neither the lender, servicer, nor lender's agent shall institute legal action under judicial foreclosure provisions of the Code for 30 days; only one such period of forbearance is allowed per subject loan; if, within the 30 days after the notice was mailed to the borrower, an approved counseling agency notifies the lender, servicer, or lender's agent that the borrower is seeking approved counseling services, the lender, servicer, or lender's agent shall not institute legal action under judicial foreclosure provisions of the Code for 30 days after the date of the notice from the approved counseling agency and during those 30 days the borrower or counselor or both may prepare and proffer to the lender, servicer, or lender's agent a proposed debt management plan and the lender, servicer, or lender's agent shall then determine whether to accept the debt management plan; if the lender, servicer, or lender's agent and the borrower agree to a debt management plan, the lender, servicer, or lender's agent shall not institute legal action under judicial foreclosure provisions of the Code while the borrower is in compliance with the debt management plan; the debt management plan and any modifications must be in writing and signed by the lender, servicer, or lender's agent and the borrower; the borrower may change approved counseling agencies upon written notice to the lender, servicer, or lender's agent but a change does not entitle the borrower to any additional period of forbearance; and if the borrower fails to comply with the debt management plan, nothing in the added provisions shall be construed to impair the legal right of the lender, servicer, or lender's agent to enforce the contract.

Actions 
DateChamber Action
  1/10/2008SenateFiled with Secretary by Sen. Jacqueline Y. Collins
  1/10/2008SenateFirst Reading
  1/10/2008SenateReferred to Rules
  1/16/2008SenateAdded as Chief Co-Sponsor Sen. Iris Y. Martinez
  1/28/2008SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter
  2/7/2008SenateAssigned to Financial Institutions
  2/28/2008SenateHeld in Financial Institutions
  3/6/2008SenatePostponed - Financial Institutions
  3/12/2008SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Jacqueline Y. Collins
  3/12/2008SenateSenate Committee Amendment No. 1 Referred to Rules
  3/12/2008SenateSenate Committee Amendment No. 1 Rules Refers to Financial Institutions
  3/13/2008SenateAdded as Co-Sponsor Sen. Martin A. Sandoval
  3/13/2008SenateSenate Committee Amendment No. 1 Adopted
  3/13/2008SenateDo Pass as Amended Financial Institutions; 008-000-000
  3/13/2008SenatePlaced on Calendar Order of 2nd Reading April 1, 2008
  3/27/2008SenateAdded as Co-Sponsor Sen. Antonio Munoz
  4/1/2008SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Jacqueline Y. Collins
  4/1/2008SenateSenate Floor Amendment No. 2 Referred to Rules
  4/2/2008SenateSenate Floor Amendment No. 2 Rules Refers to Financial Institutions
  4/2/2008SenateAdded as Co-Sponsor Sen. Ira I. Silverstein
  4/3/2008SenateSenate Floor Amendment No. 2 Recommend Do Adopt Financial Institutions; 007-000-000
  4/16/2008SenateSecond Reading
  4/16/2008SenateSenate Floor Amendment No. 2 Adopted; Collins
  4/16/2008SenatePlaced on Calendar Order of 3rd Reading April 17, 2008
  4/17/2008SenateThird Reading - Passed; 055-000-000
  4/17/2008HouseArrived in House
  4/17/2008HousePlaced on Calendar Order of First Reading
  4/17/2008HouseChief House Sponsor Rep. Deborah L. Graham
  4/24/2008HouseFirst Reading
  4/24/2008HouseReferred to Rules Committee
  5/6/2008HouseAssigned to Judiciary I - Civil Law Committee
  5/9/2008HouseCommittee Deadline Extended-Rule 9(b) May 23, 2008
  5/20/2008HouseAlternate Chief Sponsor Changed to Rep. Marlow H. Colvin
  5/20/2008HouseAdded Alternate Chief Co-Sponsor Rep. Deborah L. Graham
  5/20/2008HouseHouse Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
  5/20/2008HouseHouse Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  5/20/2008HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 010-000-000
  5/20/2008HousePlaced on Calendar 2nd Reading - Short Debate
  5/20/2008HouseSecond Reading - Short Debate
  5/20/2008HouseHeld on Calendar Order of Second Reading - Short Debate
  5/21/2008HouseSecond Reading - Short Debate
  5/21/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/21/2008HouseHouse Amendment No. 2 Filed with Clerk by Rep. Marlow H. Colvin
  5/21/2008HouseHouse Amendment No. 2 Referred to Rules Committee
  5/22/2008HouseHouse Amendment No. 1 Motion Filed to Table Rep. Marlow H. Colvin
  5/22/2008HouseHouse Amendment No. 1 Motion to Table Referred to Rules Committee
  5/22/2008HouseAdded Alternate Chief Co-Sponsor Rep. Karen A. Yarbrough
  5/23/2008HouseFinal Action Deadline Extended-9(b) May 31, 2008
  5/23/2008HouseHouse Amendment No. 3 Filed with Clerk by Rep. Marlow H. Colvin
  5/23/2008HouseHouse Amendment No. 3 Referred to Rules Committee
  5/27/2008HouseHouse Amendment No. 3 Recommends Be Adopted Rules Committee; 004-000-000
  5/28/2008HouseHouse Amendment No. 1 Motion to Table Recommends Be Adopted Rules Committee; 005-000-000
  5/28/2008HouseAdded Alternate Chief Co-Sponsor Rep. Al Riley
  5/28/2008HouseAdded Alternate Chief Co-Sponsor Rep. Barbara Flynn Currie
  5/28/2008HouseAdded Alternate Co-Sponsor Rep. Milton Patterson
  5/28/2008HouseAdded Alternate Co-Sponsor Rep. Edward J. Acevedo
  5/28/2008HouseAdded Alternate Co-Sponsor Rep. Cynthia Soto
  5/28/2008HouseAdded Alternate Co-Sponsor Rep. Elizabeth Hernandez
  5/28/2008HouseAdded Alternate Co-Sponsor Rep. Karen May
  5/28/2008HouseAdded Alternate Co-Sponsor Rep. Naomi D. Jakobsson
  5/28/2008HouseAdded Alternate Co-Sponsor Rep. David E. Miller
  5/28/2008HouseAdded Alternate Co-Sponsor Rep. Constance A. Howard
  5/28/2008HouseRecalled to Second Reading - Short Debate
  5/28/2008HouseHouse Amendment No. 1 Motion to Table Amendment - Prevailed
  5/28/2008HouseHouse Amendment No. 1 Tabled
  5/28/2008HouseHouse Amendment No. 3 Adopted by Voice Vote
  5/28/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/28/2008HouseAdded Alternate Co-Sponsor Rep. Mike Boland
  5/28/2008HouseThird Reading - Short Debate - Passed 111-000-001
  5/28/2008HouseHouse Amendment No. 2 Tabled Pursuant to Rule 40(a)
  5/29/2008SenateSecretary's Desk - Concurrence House Amendment(s) 03
  5/29/2008SenatePlaced on Calendar Order of Concurrence House Amendment(s) 03-May 30, 2008
  5/29/2008SenateHouse Amendment No. 3 Motion to Concur Filed with Secretary Sen. Jacqueline Y. Collins
  5/29/2008SenateHouse Amendment No. 3 Motion to Concur Referred to Rules
  5/29/2008SenateHouse Amendment No. 3 Motion to Concur Rules Referred to Financial Institutions
  5/30/2008SenateHouse Amendment No. 3 Motion To Concur Recommended Do Adopt Financial Institutions; 006-000-000
  5/30/2008SenateHouse Amendment No. 3 Senate Concurs 056-000-000
  5/30/2008SenatePassed Both Houses
  6/27/2008SenateSent to the Governor
  8/26/2008SenateGovernor Amendatory Veto
  9/22/2008SenatePlaced on Calendar Amendatory Veto September 22, 2008
  9/22/2008SenateMotion Filed Override Amendatory Veto Sen. Jacqueline Y. Collins
  9/22/2008Senate3/5 Vote Required
  9/22/2008SenateOverride Amendatory Veto - Senate Passed 055-000-000
  9/22/2008HouseArrived in House
  9/22/2008HousePlaced on Calendar Amendatory Veto September 23, 2008
  9/23/2008HouseMotion Filed Override Amendatory Veto Rep. Marlow H. Colvin
  9/23/2008House3/5 Vote Required
  9/23/2008HouseOverride Amendatory Veto - House Passed 098-000-000
  9/23/2008SenateAmendatory Veto Overridden Both Houses
  9/25/2008SenateEffective Date September 23, 2008; Generally Effective
  9/25/2008SenateEffective Date January 1, 2009; Some Parts Effective
  9/25/2008SenatePublic Act . . . . . . . . . 95-0961

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