Rep. Esther Golar
Filed: 4/30/2008
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1 | AMENDMENT TO HOUSE BILL 5788
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2 | AMENDMENT NO. ______. Amend House Bill 5788, AS AMENDED, in | ||||||
3 | Section 10, by replacing Sec. 6z-80, with the following:
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4 | "(30 ILCS 105/6z-80 new) | ||||||
5 | Sec. 6z-80. The Foreclosure Prevention Counseling Fund. | ||||||
6 | (a) There is created in the State treasury a special fund | ||||||
7 | to be known as the Foreclosure Prevention Counseling Fund. The | ||||||
8 | Fund shall consist of all moneys deposited, transferred, or | ||||||
9 | appropriated into the Fund from any legal source. | ||||||
10 | (b) Subject to appropriations, the Illinois Housing | ||||||
11 | Development Authority shall use the moneys in the Fund in the | ||||||
12 | following manner: | ||||||
13 | 1. 75% of the moneys in the Fund, subject to | ||||||
14 | appropriation, shall be used to make grants to | ||||||
15 | HUD-certified housing counseling agencies that provide | ||||||
16 | services outside the City of Chicago and across the State, | ||||||
17 | as provided in Section 7.30 of the Illinois Housing |
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1 | Development Act. Grants made by the Illinois Housing | ||||||
2 | Development Authority shall be based upon the number of | ||||||
3 | foreclosures filed in a HUD-certified counseling agency's | ||||||
4 | service area, the capacity of a HUD-certified housing | ||||||
5 | counseling agency to provide foreclosure counseling | ||||||
6 | services, and any other facts that the Illinois Housing | ||||||
7 | Development Authority deems appropriate. | ||||||
8 | 2. The remaining moneys shall, subject to | ||||||
9 | appropriation, be distributed to the City of Chicago to | ||||||
10 | provide grants to HUD-certified housing counseling | ||||||
11 | agencies located within the City of Chicago to support | ||||||
12 | pre-purchase and post-purchase home-ownership education | ||||||
13 | and foreclosure prevention counseling activities under | ||||||
14 | programs administered by the City of Chicago. | ||||||
15 | (c) Notwithstanding any other law to the contrary, the Fund | ||||||
16 | is not subject to sweeps, administrative charges or | ||||||
17 | charge-backs, or any other fiscal or budgetary maneuver that | ||||||
18 | would in any way transfer any funds from the Fund into any | ||||||
19 | other fund of the State. | ||||||
20 | (d) This Section shall be repealed 3 years after the | ||||||
21 | effective date of this amendatory Act of the 95th General | ||||||
22 | Assembly. | ||||||
23 | (e) Notwithstanding any other rulemaking authority that | ||||||
24 | may exist, neither the Governor nor any agency or agency head | ||||||
25 | under the jurisdiction of the Governor has any authority to | ||||||
26 | make or promulgate rules to implement or enforce the provisions |
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1 | of this amendatory Act of the 95th General Assembly. If, | ||||||
2 | however, the Governor believes that rules are necessary to | ||||||
3 | implement or enforce the provisions of this amendatory Act of | ||||||
4 | the 95th General Assembly, the Governor may suggest rules to | ||||||
5 | the General Assembly by filing them with the Clerk of the House | ||||||
6 | and Secretary of the Senate and by requesting that the General | ||||||
7 | Assembly authorize such rulemaking by law, enact those | ||||||
8 | suggested rules into law, or take any other appropriate action | ||||||
9 | in the General Assembly's discretion. Nothing contained in this | ||||||
10 | amendatory Act of the 95th General Assembly shall be | ||||||
11 | interpreted to grant rulemaking authority under any other | ||||||
12 | Illinois statute where such authority is not otherwise | ||||||
13 | explicitly given. For the purposes of this amendatory Act of | ||||||
14 | the 95th General Assembly, "rules" is given the meaning | ||||||
15 | contained in Section 1-70 of the Illinois Administrative | ||||||
16 | Procedure Act, and "agency" and "agency head" are given the | ||||||
17 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
18 | Administrative Procedure Act to the extent that such | ||||||
19 | definitions apply to agencies or agency heads under the | ||||||
20 | jurisdiction of the Governor. "; and
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21 | by deleting Section 15.
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