Illinois General Assembly - Bill Status for SB 16

Deletes everything after the enacting clause. Amends the Illinois Municipal Code. Provides that a municipality may adopt an ordinance concerning maintenance requirements of a mortgagee of vacant residential property. Provides definitions, registration and enforcement procedures, penalties for non-compliance, and related matters. Amends the Code of Civil Procedure. Provides in foreclosure proceedings for an expedited process to obtain a summary or default judgment if the property involved is abandoned. Provides standards for the court to use in determining whether a property is abandoned property. Provides that a foreclosure sale confirmation order may, if the court found the property to be abandoned, permit the sale purchaser or holder of the certificate of sale to dispose of or donate personal property (without incurring any liability) remaining in or on the abandoned mortgaged real estate. Provides for a notice to the mortgagor if the court has declared the real estate to be abandoned. Provides that copies of a notice of foreclosure of residential real estate and a confirmation order after a judicial foreclosure sale of residential real estate shall be sent by a party seeking foreclosure to the municipality or county in which the mortgaged real estate is located. Provides that the foreclosure notice and the confirmation order must be sent to the chairperson of the county board or county clerk, mayor or city clerk, president of the board of trustees or village clerk, or president or town clerk (rather than sent in accordance with specified provisions of the Code). Provides that if the real estate is located in a city with a population of more than 2,000,000, the foreclosure notice and confirmation order shall also be sent to the alderman for the ward in which the real estate is located. Provides for dismissal of a complaint or counterclaim without prejudice if the requirements regarding a foreclosure notice and confirmation order are not met. Makes related changes. Effective immediately.

Replaces everything after the enacting clause. Amends the Illinois Housing Development Act. Modifies the Abandoned Residential Municipality Relief Program to include counties and provides specific descriptions of rehabilitation activities. Provides that the money in the Abandoned Residential Property Municipality Relief Fund derived from the $50 fee paid by a plaintiff at the time of the filing of a complaint in a residential foreclosure case shall be used by the Illinois Housing Authority to make grants as follows: 30% to municipalities, other than Chicago, in Cook County; 25% to Chicago; 30% to the counties of DuPage, Kane, Lake, McHenry and Will and municipalities in those counties; and 15% to counties other than Cook, DuPage, Kane, Lake, McHenry, and Will Counties and to municipalities in those counties (instead of 75% distributed to municipalities other than Chicago and 25% be distributed to Chicago to assist with removal costs and securing or enclosing costs incurred by a municipality to address abandoned residential property). Amends the Criminal Code of 2012. In provisions regarding criminal trespass to real property, adds that the offense includes the intentional removal of a notice posted on abandoned residential real estate, but also provides that a mortgagee or a mortgagee's agent is exempt from prosecution from criminal trespass for securing abandoned residential real estate and is not liable in a civil action for negligence or civil trespass. Amends the Code of Civil Procedure. Adds findings relating to abandoned residential property. Defines abandoned residential property as residential real estate that: is not occupied by any mortgagor or lawful occupant as a residence or contains a structure that is uninhabited and needs to be repaired; and has 2 or more of designated conditions or characteristics. Provides that specific types of property that shall not be considered to be abandoned residential property. In provisions concerning a notice of foreclosure, provides that a copy of the notice shall be sent to the municipality or county in which the property is located by specifying which public official of the county or municipality, including the appropriate alderman in a city with a population in excess of 2,000,000, should receive the notice by first class mail. Provides for an expedited foreclosure procedure for abandoned residential property, including court hearings to determine if the property is abandoned, notices to the mortgagor and any occupants of the property, and corresponding modifications to the report of sale and confirmation of sale procedures. In provisions concerning the filing fee for foreclosure prevention, adds an additional fee until December 31, 2017. The fee applicable to any plaintiff that, together with its affiliates, has filed 175 or more foreclosure complaints on Illinois residential real estate during the calendar year preceding the filing of the foreclosure complaint shall be $600 and the fee shall be $300 for any plaintiff that, together with its affiliates, has filed at least 50, but no more than 174, foreclosure complaints on Illinois residential real estate during the calendar year preceding the filing of the foreclosure complaint. Provides that there is no fee if a plaintiff and its affiliates have not filed at least 50 foreclosure complaints in the prior year. Provides that these additional fees are inoperative on and after January 1, 2018. Provides that the fees shall be deposited in and expended from the Abandoned Residential Property Municipality Fund and the Foreclosure Prevention Program Fund until January 1, 2018 according to a specified formula. Provides that the Abandoned Residential Property Municipality Fund and the Foreclosure Prevention Program Fund are not subject to sweeps, administrative charge-backs, or any other fiscal maneuver that would transfer any amounts from those funds into any other fund. In provisions concerning the expedited judgment and sale procedure for abandoned residential property, provides that the court may not grant a motion for an expedited judgment and sale if the mortgagor, an unknown owner, or a lawful occupant appears in the action before or at the hearing and objects to a finding of abandonment. In provisions concerning a report of a foreclosure sale and the confirmation of a sale, provides that with respect to residential real estate that a copy of the confirmation order shall be sent to the last known property insurer of the foreclosed property. Makes other changes. Effective June 1, 2013.

Date	Chamber	Action
2/8/2013	Senate	Public Act . . . . . . . . . 97-1164

	Land Conveyance Appraisal Note, House Floor Amendment No. 3 (Dept. of Transportation)
	No land conveyances are included in this bill, therefore, there are no appraisals to be filed.

	Correctional Note, House Floor Amendment No. 3 (Dept of Corrections)
	The penalty enhancements associated with SB 16 (H-AM 3) would have no fiscal or population impact on the Department.

	State Debt Impact Note, House Floor Amendment No. 3 (Government Forecasting & Accountability)
	SB 16 (H-AM 3) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

	Pension Note, House Floor Amendment No. 3 (Government Forecasting & Accountability)
	SB 16 (H-AM 3) will have no fiscal impact on any pension funds or retirement systems in Illinois.

	Pension Note, House Floor Amendment No. 5 (Government Forecasting & Accountability)
	SB 16 (H-AM 5) will have no fiscal impact on any pension funds or retirement systems in Illinois.

	State Debt Impact Note, House Floor Amendment No. 5 (Government Forecasting & Accountability)
	SB 16 (H-AM 5) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

	Home Rule Note, House Floor Amendment No. 3 (Dept. of Commerce & Economic Opportunity)
	This bill does not pre-empt home rule authority.

	State Mandates Fiscal Note, House Floor Amendment No. 3 (Dept. of Commerce & Economic Opportunity)
	This bill does not create a State mandate.

	Fiscal Note, House Floor Amendment No. 3 (Housing Development Authority)
	Because existing resources will be used to fulfill the requirements in this legislation, there is no fiscal impact to the Illinois Housing Development Authority (IHDA). This legislation requires IHDA to receive and post municipal ordinances passed pursuant to this law on its web site. This task will be completed by current employees and the ordinances will be posted to the existing IHDA website.

	Fiscal Note, House Floor Amendment No. 5 (Housing Development Authority)
	Because existing resources will be used to fulfill the requirements in this legislation, there is no fiscal impact to the Illinois Housing Development Authority (IHDA). This legislation requires IHDA to receive and post municipal ordinances passed pursuant to this law on its web site. This task will be completed by current employees and the ordinances will be posted to the existing IHDA website.

	Judicial Note, House Floor Amendment No. 5 (Admin Office of the Illinois Courts)
	This bill would neither increase nor decrease the number of judges needed in the State.

	Deletes reference to:
	20 ILCS 3805/7.32 new

	Adds reference to:
	65 ILCS 5/11-20-17 new

	Judicial Note, House Floor Amendment No. 3 (Admin Office of the Illinois Courts)
	It has been determined that there may be an increase in judicial workloads. However, it is not possible to determine what impact the bill will have on the need to increase the number of judges in the State.

	Balanced Budget Note, House Floor Amendment No. 3 (Office of Management and Budget)
	SB 16 (H-AM 3) would have minimal to no fiscal impact on the State budget.

	Balanced Budget Note, House Floor Amendment No. 5 (Office of Management and Budget)
	SB 16 (H-AM 5) would have minimal to no fiscal impact on the State budget.

	Fiscal Note, House Floor Amendment No. 3 (Financial & Professional Regulation)
	SB 16 (H-AM 3) has no projected fiscal impact to the Illinois Department of Financial and Professional Regulation.

	Fiscal Note, House Floor Amendment No. 5 (Financial & Professional Regulation)
	SB 16 (H-AM 5) has no projected fiscal impact to the Illinois Department of Financial and Professional Regulation.

	Correctional Note, House Floor Amendment No. 7 (Dept of Corrections)
	There are no penalty enhancements associated with SB 16 (H-AM 7). The bill would have no fiscal or population impact on the Department.

	State Debt Impact Note, House Floor Amendment No. 7 (Government Forecasting & Accountability)
	SB 16 (H-AM 7) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

	Pension Note, House Floor Amendment No. 7 (Government Forecasting & Accountability)
	SB 16 (H-AM 7) will not impact any public pension fund or retirement system in Illinois.

	Fiscal Note, House Floor Amendment No. 7 (Housing Development Authority)
	This legislation requires IHDA to receive and post municipal ordinances to its website or links to municipalities' websites where these ordinances are posted. Existing resources will be used to fulfill the requirements in this legislation. This task will be completed by current employees

	Judicial Note, House Floor Amendment No. 7 (Admin Office of the Illinois Courts)
	SB 16 (H-AM 7) may have a minimal increase in judicial workloads. However, it is not anticipated that the bill would increase the number of judges needed in the State.

	Balanced Budget Note, House Floor Amendment No. 7 (Office of Management and Budget)
	The Bill as amended is expected to have no fiscal impact to the State.

	Balanced Budget Note (Office of Management and Budget)
	The Bill is expected to have no fiscal impact to the State.

	State Debt Impact Note, House Floor Amendment No. 8 (Government Forecasting & Accountability)
	SB 16 (H-AM 8) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

	Pension Note, House Floor Amendment No. 8 (Government Forecasting & Accountability)
	SB 16 (H-AM 8) will not impact any public pension fund or retirement system in Illinois.

	Judicial Note, House Floor Amendment No. 8 (Admin Office of the Illinois Courts)
	SB 16 (H-AM 8) may have a minimal increase in judicial workloads. However, it is not anticipated that the bill would increase the number of judges needed in the State.

	Fiscal Note, House Floor Amendment No. 8 (Financial & Professional Regulation)
	SB 16 (H-AM 8) has no projected fiscal impact to the Illinois Department of Financial and Professional Regulation.

	Balanced Budget Note, House Floor Amendment No. 8 (Office of Management and Budget)
	SB 16 (H-AM 8) does not have any significant fiscal impact on the State. It is the stated intent to relieve stress on the courts and local units of government resulting from lengthy foreclosure proceedings. This does have a fiscal impact on the State.

	Fiscal Note, House Floor Amendment No. 9 (Financial and Professional Regulation)
	SB 16 (H-AM 9) has no projected fiscal impact to the Illinois Department of Financial and Professional Regulation.