SB2566ham001 95TH GENERAL ASSEMBLY

Housing and Urban Development Committee

Filed: 5/28/2008

09500SB2566ham001 LRB095 18702 AJO 51084 a

AMENDMENT TO SENATE BILL 2566

AMENDMENT NO. ______. Amend Senate Bill 2566 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Housing Development Act is amended by adding Section 7.30 as follows:

(20 ILCS 3805/7.30 new)

Sec. 7.30. Foreclosure prevention counseling program. The Authority shall establish and administer a foreclosure prevention counseling program. The Authority shall use moneys in the Foreclosure Prevention Counseling Fund, and any other funds appropriated for this purpose, to make grants to HUD-certified housing counseling agencies to support pre-purchase and post-purchase home-ownership education and foreclosure prevention counseling activities under the program. This Section is repealed 3 years after the effective date of this amendatory Act of the 95th General Assembly.

Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly. If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the clerk of the House and Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly's discretion. Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking under any other Illinois statute where such authority is not otherwise explicitly given. For the purposes of this amendatory Act of the 95th General Assembly, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.

Section 10. The State Finance Act is amended by adding Sections 5.708 and 6z-80 as follows:

(30 ILCS 105/5.708 new)

Sec. 5.708. The Foreclosure Prevention Counseling Fund.

(30 ILCS 105/6z-80 new)

Sec. 6z-80. The Foreclosure Prevention Counseling Fund.

(a) There is created in the State treasury a special fund to be known as the Foreclosure Prevention Counseling Fund. The Fund shall consist of all moneys deposited, transferred, or appropriated into the Fund from any legal source.

(b) Subject to appropriations, the Illinois Housing Development Authority shall use the moneys in the Fund in the following manner:

(1) 75% of the moneys in the Fund, subject to appropriation, shall be used to make grants to HUD-certified housing counseling agencies that provide services outside the City of Chicago and across the State, as provided in Section 7.30 of the Illinois Housing Development Act. Grants made by the Illinois Housing Development Authority shall be based upon the number of foreclosures filed in a HUD-certified counseling agency's service area, the capacity of a HUD-certified housing counseling agency to provide foreclosure counseling services, and any other facts that the Illinois Housing Development Authority deems appropriate.

(2) The remaining moneys shall, subject to appropriation, be distributed to the City of Chicago to provide grants to HUD-certified housing counseling agencies located within the City of Chicago to support pre-purchase and post-purchase home-ownership education and foreclosure prevention counseling activities under programs administered by the City of Chicago.

(c) Notwithstanding any other law to the contrary, the Fund is not subject to sweeps, administrative charges or charge-backs, or any other fiscal or budgetary maneuver that would in any way transfer any funds from the Fund into any other fund of the State.

(d) This Section is repealed 3 years after the effective date of this amendatory Act of the 95th General Assembly.

(e) Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly. If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the clerk of the House and Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly's discretion. Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking under any other Illinois statute where such authority is not otherwise explicitly given. For the purposes of this amendatory Act of the 95th General Assembly, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.

Section 99. Effective date. This Act takes effect upon becoming law.".