Full Text of HB5788 95th General Assembly
HB5788eng 95TH GENERAL ASSEMBLY
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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 | 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 This Section shall be repealed 3 years after the | 16 |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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| 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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| 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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| 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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HB5788 Engrossed |
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LRB095 17007 AJO 43055 b |
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| 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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| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
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