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1 | AN ACT concerning foreclosure.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Housing Development Act is amended | ||||||
5 | by adding Section 7.30 as follows: | ||||||
6 | (20 ILCS 3805/7.30 new) | ||||||
7 | Sec. 7.30. Foreclosure prevention counseling program. The | ||||||
8 | Authority shall establish and administer a foreclosure | ||||||
9 | prevention counseling program. The Authority shall use moneys | ||||||
10 | in the Foreclosure Prevention Counseling Fund, and any other | ||||||
11 | funds appropriated for this purpose, to make grants to | ||||||
12 | HUD-certified housing counseling agencies to support | ||||||
13 | pre-purchase and post-purchase home-ownership education and | ||||||
14 | foreclosure prevention counseling activities under the | ||||||
15 | program. This Section shall be repealed 3 years after the | ||||||
16 | effective date of this amendatory Act of the 95th General | ||||||
17 | Assembly. | ||||||
18 | Notwithstanding any other rulemaking authority that may | ||||||
19 | exist, neither the Governor nor any agency or agency head under | ||||||
20 | the jurisdiction of the Governor has any authority to make or | ||||||
21 | promulgate rules to implement or enforce the provisions of this | ||||||
22 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
23 | Governor believes that rules are necessary to implement or |
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1 | enforce the provisions of this amendatory Act of the 95th | ||||||
2 | General Assembly, the Governor may suggest rules to the General | ||||||
3 | Assembly by filing them with the Clerk of the House and | ||||||
4 | Secretary of the Senate and by requesting that the General | ||||||
5 | Assembly authorize such rulemaking by law, enact those | ||||||
6 | suggested rules into law, or take any other appropriate action | ||||||
7 | in the General Assembly's discretion. Nothing contained in this | ||||||
8 | amendatory Act of the 95th General Assembly shall be | ||||||
9 | interpreted to grant rulemaking authority under any other | ||||||
10 | Illinois statute where such authority is not otherwise | ||||||
11 | explicitly given. For the purposes of this amendatory Act of | ||||||
12 | the 95th General Assembly, "rules" is given the meaning | ||||||
13 | contained in Section 1-70 of the Illinois Administrative | ||||||
14 | Procedure Act, and "agency" and "agency head" are given the | ||||||
15 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
16 | Administrative Procedure Act to the extent that such | ||||||
17 | definitions apply to agencies or agency heads under the | ||||||
18 | jurisdiction of the Governor. | ||||||
19 | Section 10. The State Finance Act is amended by adding | ||||||
20 | Sections 5.708 and 6z-80 as follows: | ||||||
21 | (30 ILCS 105/5.708 new) | ||||||
22 | Sec. 5.708. The Foreclosure Prevention Counseling Fund. | ||||||
23 | (30 ILCS 105/6z-80 new) |
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1 | Sec. 6z-80. The Foreclosure Prevention Counseling Fund. | ||||||
2 | (a) There is created in the State treasury a special fund | ||||||
3 | to be known as the Foreclosure Prevention Counseling Fund. The | ||||||
4 | Fund shall consist of all moneys deposited, transferred, or | ||||||
5 | appropriated into the Fund from any legal source. | ||||||
6 | (b) Subject to appropriations, the Illinois Housing | ||||||
7 | Development Authority shall use the moneys in the Fund in the | ||||||
8 | following manner: | ||||||
9 | 1. 75% of the moneys in the Fund, subject to | ||||||
10 | appropriation, shall be used to make grants to | ||||||
11 | HUD-certified housing counseling agencies that provide | ||||||
12 | services outside the City of Chicago and across the State, | ||||||
13 | as provided in Section 7.30 of the Illinois Housing | ||||||
14 | Development Act. Grants made by the Illinois Housing | ||||||
15 | Development Authority shall be based upon the number of | ||||||
16 | foreclosures filed in a HUD-certified counseling agency's | ||||||
17 | service area, the capacity of a HUD-certified housing | ||||||
18 | counseling agency to provide foreclosure counseling | ||||||
19 | services, and any other facts that the Illinois Housing | ||||||
20 | Development Authority deems appropriate. | ||||||
21 | 2. The remaining moneys shall, subject to | ||||||
22 | appropriation, be distributed to the City of Chicago to | ||||||
23 | provide grants to HUD-certified housing counseling | ||||||
24 | agencies located within the City of Chicago to support | ||||||
25 | pre-purchase and post-purchase home-ownership education | ||||||
26 | and foreclosure prevention counseling activities under |
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1 | programs administered by the City of Chicago. | ||||||
2 | (c) Notwithstanding any other law to the contrary, the Fund | ||||||
3 | is not subject to sweeps, administrative charges or | ||||||
4 | charge-backs, or any other fiscal or budgetary maneuver that | ||||||
5 | would in any way transfer any funds from the Fund into any | ||||||
6 | other fund of the State. | ||||||
7 | (d) This Section shall be repealed 3 years after the | ||||||
8 | effective date of this amendatory Act of the 95th General | ||||||
9 | Assembly. | ||||||
10 | (e) Notwithstanding any other rulemaking authority that | ||||||
11 | may exist, neither the Governor nor any agency or agency head | ||||||
12 | under the jurisdiction of the Governor has any authority to | ||||||
13 | make or promulgate rules to implement or enforce the provisions | ||||||
14 | of this amendatory Act of the 95th General Assembly. If, | ||||||
15 | however, the Governor believes that rules are necessary to | ||||||
16 | implement or enforce the provisions of this amendatory Act of | ||||||
17 | the 95th General Assembly, the Governor may suggest rules to | ||||||
18 | the General Assembly by filing them with the Clerk of the House | ||||||
19 | and Secretary of the Senate and by requesting that the General | ||||||
20 | Assembly authorize such rulemaking by law, enact those | ||||||
21 | suggested rules into law, or take any other appropriate action | ||||||
22 | in the General Assembly's discretion. Nothing contained in this | ||||||
23 | amendatory Act of the 95th General Assembly shall be | ||||||
24 | interpreted to grant rulemaking authority under any other | ||||||
25 | Illinois statute where such authority is not otherwise | ||||||
26 | explicitly given. For the purposes of this amendatory Act of |
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1 | the 95th General Assembly, "rules" is given the meaning | ||||||
2 | contained in Section 1-70 of the Illinois Administrative | ||||||
3 | Procedure Act, and "agency" and "agency head" are given the | ||||||
4 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
5 | Administrative Procedure Act to the extent that such | ||||||
6 | definitions apply to agencies or agency heads under the | ||||||
7 | jurisdiction of the Governor.
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8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.
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