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HB5788 Engrossed |
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LRB095 17007 AJO 43055 b |
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| AN ACT concerning foreclosure.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Housing Development Act is amended |
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| by adding Section 7.30 as follows: |
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| (20 ILCS 3805/7.30 new) |
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| Sec. 7.30. Foreclosure prevention counseling program. The |
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| Authority shall establish and administer a foreclosure |
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| prevention counseling program. The Authority shall use moneys |
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| in the Foreclosure Prevention Counseling Fund, and any other |
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| funds appropriated for this purpose, to make grants to |
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| HUD-certified housing counseling agencies to support |
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| pre-purchase and post-purchase home-ownership education and |
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| foreclosure prevention counseling activities under the |
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| program. This Section shall be repealed 3 years after the |
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| effective date of this amendatory Act of the 95th General |
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| Assembly. |
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| Notwithstanding any other rulemaking authority that may |
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| exist, neither the Governor nor any agency or agency head under |
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| the jurisdiction of the Governor has any authority to make or |
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| promulgate rules to implement or enforce the provisions of this |
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| amendatory Act of the 95th General Assembly. If, however, the |
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| Governor believes that rules are necessary to implement or |
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HB5788 Engrossed |
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LRB095 17007 AJO 43055 b |
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| enforce the provisions of this amendatory Act of the 95th |
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| General Assembly, the Governor may suggest rules to the General |
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| Assembly by filing them with the Clerk of the House and |
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| Secretary of the Senate and by requesting that the General |
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| Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this amendatory Act of |
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| the 95th General Assembly, "rules" is given the meaning |
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| contained in Section 1-70 of the Illinois Administrative |
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| Procedure Act, and "agency" and "agency head" are given the |
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| meanings contained in Sections 1-20 and 1-25 of the Illinois |
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| Administrative Procedure Act to the extent that such |
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| definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor. |
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| Section 10. The State Finance Act is amended by adding |
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| Sections 5.708 and 6z-80 as follows: |
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| (30 ILCS 105/5.708 new) |
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| Sec. 5.708. The Foreclosure Prevention Counseling Fund. |
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| (30 ILCS 105/6z-80 new) |
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HB5788 Engrossed |
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LRB095 17007 AJO 43055 b |
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| Sec. 6z-80. The Foreclosure Prevention Counseling Fund. |
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| (a) There is created in the State treasury a special fund |
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| to be known as the Foreclosure Prevention Counseling Fund. The |
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| Fund shall consist of all moneys deposited, transferred, or |
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| appropriated into the Fund from any legal source. |
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| (b) Subject to appropriations, the Illinois Housing |
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| Development Authority shall use the moneys in the Fund in the |
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| following manner: |
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| 1. 75% of the moneys in the Fund, subject to |
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| appropriation, shall be used to make grants to |
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| HUD-certified housing counseling agencies that provide |
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| services outside the City of Chicago and across the State, |
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| as provided in Section 7.30 of the Illinois Housing |
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| Development Act. Grants made by the Illinois Housing |
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| Development Authority shall be based upon the number of |
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| foreclosures filed in a HUD-certified counseling agency's |
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| service area, the capacity of a HUD-certified housing |
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| counseling agency to provide foreclosure counseling |
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| services, and any other facts that the Illinois Housing |
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| Development Authority deems appropriate. |
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| 2. The remaining moneys shall, subject to |
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| appropriation, be distributed to the City of Chicago to |
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| provide grants to HUD-certified housing counseling |
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| agencies located within the City of Chicago to support |
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| pre-purchase and post-purchase home-ownership education |
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| and foreclosure prevention counseling activities under |
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HB5788 Engrossed |
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LRB095 17007 AJO 43055 b |
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| programs administered by the City of Chicago. |
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| (c) Notwithstanding any other law to the contrary, the Fund |
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| is not subject to sweeps, administrative charges or |
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| charge-backs, or any other fiscal or budgetary maneuver that |
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| would in any way transfer any funds from the Fund into any |
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| other fund of the State. |
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| (d) This Section shall be repealed 3 years after the |
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| effective date of this amendatory Act of the 95th General |
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| Assembly. |
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| (e) Notwithstanding any other rulemaking authority that |
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| may exist, neither the Governor nor any agency or agency head |
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| under the jurisdiction of the Governor has any authority to |
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| make or promulgate rules to implement or enforce the provisions |
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| of this amendatory Act of the 95th General Assembly. If, |
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| however, the Governor believes that rules are necessary to |
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| implement or enforce the provisions of this amendatory Act of |
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| the 95th General Assembly, the Governor may suggest rules to |
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| the General Assembly by filing them with the Clerk of the House |
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| and Secretary of the Senate and by requesting that the General |
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| Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this amendatory Act of |
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HB5788 Engrossed |
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LRB095 17007 AJO 43055 b |
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| the 95th General Assembly, "rules" is given the meaning |
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| contained in Section 1-70 of the Illinois Administrative |
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| Procedure Act, and "agency" and "agency head" are given the |
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| meanings contained in Sections 1-20 and 1-25 of the Illinois |
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| Administrative Procedure Act to the extent that such |
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| definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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