90th General Assembly
Status of SB0497
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MADIGAN,R-MOLARO.

(COULSON-SAVIANO)

   205 ILCS 635/1-3          from Ch. 17, par. 2321-3                          
   205 ILCS 635/1-4          from Ch. 17, par. 2321-4                          
   205 ILCS 635/4-1          from Ch. 17, par. 2324-1                          
   205 ILCS 635/4-2          from Ch. 17, par. 2324-2                          
   205 ILCS 635/4-8          from Ch. 17, par. 2324-8                          
   205 ILCS 635/4-10         from Ch. 17, par. 2324-10                         

        Amends the Residential Mortgage License Act  of  1987.   Provides      
   that  examinations  of  licensees  shall be conducted for cause rather      
   than  merely  on  a  periodic  basis.   Abolishes  the  exemption  for      
   licensees under the Real Estate License  Act  of  1983.   Requires  an      
   entity to either have a physical presence in Illinois or not originate      
   mortgage  loans  in  its  ordinary  course  of business to qualify for      
   exemption related to volume of business.  Provides that  default  rate      
   provisions  apply only to licensees that service, fund, or make credit      
   decisions regarding mortgage loans.  Prohibits the limitation of fees,      
   if the fees are not in violation of law and are fully disclosed and         
   subject to a written agreement. Requires the Commissioner of Banks and      
   Real Estate to maintain a registry of employees of licensees.               
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          205 ILCS 635/1-3                                                     
          205 ILCS 635/4-1                                                     
          205 ILCS 635/4-2                                                     
          205 ILCS 635/4-8                                                     
          205 ILCS 635/4-10                                                    
        Deletes  provisions  in  the  bill  relating  to   licenses   for      
   affiliates,  registry  of  employees  of  licensees, circumstances for      
   examinations, and delinquency  rates,  abolishing  the  exemption  for      
   licensees  under  the Real Estate License Act of 1983, and prohibiting      
   the Commissioner from issuing rules limiting fees.                          
          FISCAL NOTE, S-AM 1 (Office of Banks & Real Estate)                  
          There would be little or no fiscal impact on the Office of           
          Banks & Real Estate. There may be a decrease in the number of        
          entities authorized to operate in Illinois; there would not be       
          a measurable fiscal impact from those entities choosing to           
          seek State licensure.                                                
          HOUSING AFFORDABILITY IMPACT NOTE                                    
          No fiscal effect on a single-family residence.                       
          STATE MANDATES ACT FISCAL NOTE                                       
          SB 497 fails to create a State mandate.                              
        HOUSE AMENDMENT NO. 1.                                                 
          Adds reference to:                                                   
          205 ILCS 635/3-2                from Ch. 17, par. 2323-2             
          205 ILCS 635/3-4                from Ch. 17, par. 2323-4             
          205 ILCS 635/6-2                from Ch. 17, par. 2326-2             
          205 ILCS 635/3-10 rep                                                
        Further amends the Residential  Mortgage  License  Act  of  1987.      
   Provides  that  a  licensee's  annual  audit  or compilation financial      
   statement shall be filed with  the  Commissioner  of  Banks  and  Real      
   Estate  at the time of the license renewal payment rather than 90 days      
   after the audit or compilation date.  Provides that a  licensee  whose      
   principal place of business is outside of Illinois may submit an audit      
   and  a  fidelity  bond  instead  of maintaining an office in Illinois.      
   Abolishes the requirement that brokers must  disclose  the  source  of      
   funds.   Authorizes  disciplinary  action  against  persons who submit      
   documents containing willful and material misstatements of facts  used      
   in connection with any licensable activity.                                 
          FISCAL NOTE, H-AM 1 (Office of Banks & Real Estate)                  
          SB497 will have a negligible fiscal impact on the agency.            
          FISCAL NOTE, H-AM 1 (Dpt. Commerce & Community Affairs)              
          No fiscal impact on local gov't. or DCCA.                            
          STATE MANDATES ACT FISCAL NOTE, H-AM 1                               
          No change from previous mandates note.                               
   97-02-05  S  FIRST READING                                                  
   97-02-05  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   97-02-26  S       ASSIGNED TO COMMITTEE               LICENSED ACT.         
   97-03-05  S                                 POSTPONED                       
   97-03-12  S                             AMENDMENT NO. 01-LICENSED ACT. S    
   97-03-12  S                                   ADOPTED                       
   97-03-12  S       DO PASS AS AMENDED                  009-000-000   SLIC    
   97-03-12  S  PLACED ON CALENDAR ORDER OF 2ND READING  97-03-13              
   97-03-13  S  SECOND READING                                                 
   97-03-13  S  PLACED ON CALENDAR ORDER OF 3RD READING  97-03-14              
   97-03-17  S  THIRD READING - PASSED                   054-000-000           
   97-03-18  H  ARRIVE IN HOUSE                                                
   97-03-18  H  PLACED CALENDAR ORDER OF FIRST READING                         
   97-03-19  H  HOUSE SPONSOR                            SAVIANO               
   97-03-19  H  FIRST READING                                                  
   97-03-19  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   97-03-21  H       ASSIGNED TO COMMITTEE               REG & REG             
   97-04-09  H  ALTERNATE PRIMARY SPONSOR CHANGED TO     FRITCHEY              
   97-04-09  H  ADDED AS A JOINT SPONSOR                 SAVIANO               
   97-05-01  H  DO PASS/SHORT DEBATE                     021-000-000   HREG    
   97-05-01  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   97-05-01  H                     FISCAL NOTE REQUESTED BLACK                 
   97-05-01  H  STATE MANDATES FISCAL NOTE REQUESTED     BLACK                 
   97-05-01  H  HOUSING AFORDABLTY IMPCT NOTE REQUESTED  BLACK                 
   97-05-01  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   97-05-05  H                         FISCAL NOTE FILED AS AMENDED BY SA 1    
   97-05-05  H  HOUSING AFORDABILITY IMPCT NOTE FILED                          
   97-05-05  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   97-05-08  H  STATE MANDATES FISCAL NOTE FILED                               
   97-05-08  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   97-05-13  H       RE-COMMITTED TO COMMITTEE           RULES                 
   98-02-25  H  ALTERNATE PRIMARY SPONSOR CHANGED TO     COULSON               
   98-03-11  H       ASSIGNED TO COMMITTEE               REG & REG             
   98-03-20  H                             AMENDMENT NO. 01-REGIS REGULAT H    
   98-03-20  H                                   ADOPTED                       
   98-03-20  H  DO PASS AMENDED/SHORT DEBATE             024-000-000   HREG    
   98-03-20  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   98-04-23  H  FISCAL NOTE REQUESTED AS AMENDED         BY #1/LANG            
   98-04-23  H  STATE MNDT FISCAL NOTE RQSTD AS AMENDED  BY #1/LANG            
   98-04-23  H  HOUS AFFORD IMPCT NOTE REQ AS AMENDED    BY #1/LANG            
   98-04-23  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   98-04-30  H  FISCAL NOTE FILED AS AMENDED             BY #1                 
   98-04-30  H  STATE MANDATES FISCAL NOTE REQST-WITHDRN LANG                  
   98-04-30  H  HOUS AFFORD IMPCT NOTE REQ-WITHDRAWN     LANG                  
   98-04-30  H  FISCAL NOTE FILED AS AMENDED                                   
   98-04-30  H  STATE MNDT FISCAL NOTE FILED AS AMENDED                        
   98-04-30  H  SECOND READING-SHORT DEBATE                                    
   98-04-30  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   98-05-05  H  THIRD READING/SHORT DEBATE/PASSED        113-000-002           
   98-05-06  S  SECRETARYS DESK - CONCURRENCE            01                    
   98-05-14  S  FILED WITH SECRETARY                                           
   98-05-14  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 01/MADIGAN            
   98-05-14  S                        MOTION REFERRED TO SRUL                  
   98-05-14  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 01/MADIGAN            
   98-05-14  S                           RULES REFERS TO SLIC                  
   98-05-19  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 01/MADIGAN            
   98-05-19  S                                BE ADOPTED SLIC/006-000-000      
   98-05-19  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 01/MADIGAN            
   98-05-19  S  SEN CONCURS IN HSE AMENDMENTS (NO.)      01/055-000-001        
   98-05-19  S  PASSED BOTH HOUSES                                             
   98-06-17  S  SENT TO THE GOVERNOR                                           
   98-08-14  S  GOVERNOR APPROVED                                              
   98-08-14  S                            EFFECTIVE DATE 99-01-01              
   98-08-14  S  PUBLIC ACT.............................. 90-0772               

   END OF INQUIRY 



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