Judiciary I - Civil Law Committee

Filed: 3/11/2010

 

 


 

 


 
09600HB6215ham001 LRB096 16710 MJR 38599 a

1
AMENDMENT TO HOUSE BILL 6215

2     AMENDMENT NO. ______. Amend House Bill 6215 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Code of Civil Procedure is amended by
5 adding Section 15-1515 as follows:
 
6     (735 ILCS 5/15-1515 new)
7     Sec. 15-1515. Health and safety assistance.
8     (a) With respect to residential real estate, at the time of
9 filing a foreclosure complaint the plaintiff must pay the clerk
10 of the court of the county that the mortgaged real estate is
11 located, a fee for deposit into the Foreclosure Relief Fund.
12 The fee that the plaintiff must pay is calculated at the rate
13 of $2.50 for each $500 of value or fraction of $500 stated and
14 sought by the plaintiff in the foreclosure complaint.
15     (b) A special income-earning fund is hereby created in the
16 State treasury, known as the Foreclosure Relief Fund.

 

 

09600HB6215ham001 - 2 - LRB096 16710 MJR 38599 a

1     (c) All moneys deposited into the fund together with all
2 accumulated undistributed income thereon shall be held as a
3 special fund in the State treasury. The fund shall be used
4 solely for the purpose of providing grants to units of local
5 government and not-for-profit organizations, including, but
6 not limited to, not-for-profit housing authorities and
7 community organizations to clean up residential real estate
8 that has been abandoned, neglected, or otherwise in need of
9 additional care following foreclosure.
10     (d) The grant program shall be administered by the Illinois
11 Housing Development Authority, which shall adopt rules for the
12 administration, operation, and maintenance of the grant
13 program.
14     (e) All fees paid by the plaintiff to the clerk of the
15 court as provided in this Section, shall be disbursed within 60
16 days after receipt by the clerk of the court as follows: (i)
17 90% to the State Treasurer for deposit into the Foreclosure
18 Relief Fund; (ii) 6% to the county that the mortgaged real
19 estate is located, General Corporate Fund; and (iii) 4% to the
20 clerk of the court.
21     (f) Not later than March 1 of each year, the clerk of the
22 court shall submit a report of funds remitted under this
23 Section during the preceding year based upon independent
24 verification of fees collected.
 
25     Section 10. The State Finance Act is amended by adding

 

 

09600HB6215ham001 - 3 - LRB096 16710 MJR 38599 a

1 Section 5.756 as follows:
 
2     (30 ILCS 105/5.756 new)
3     Sec. 5.756. The Foreclosure Relief Fund.
 
4     Section 99. Effective date. This Act takes effect upon
5 becoming law.".