HB6215ham001 96TH GENERAL ASSEMBLY

Judiciary I - Civil Law Committee

Filed: 3/11/2010

09600HB6215ham001 LRB096 16710 MJR 38599 a

AMENDMENT TO HOUSE BILL 6215

AMENDMENT NO. ______. Amend House Bill 6215 by replacing everything after the enacting clause with the following:

"Section 5. The Code of Civil Procedure is amended by adding Section 15-1515 as follows:

(735 ILCS 5/15-1515 new)

Sec. 15-1515. Health and safety assistance.

(a) With respect to residential real estate, at the time of filing a foreclosure complaint the plaintiff must pay the clerk of the court of the county that the mortgaged real estate is located, a fee for deposit into the Foreclosure Relief Fund. The fee that the plaintiff must pay is calculated at the rate of $2.50 for each $500 of value or fraction of $500 stated and sought by the plaintiff in the foreclosure complaint.

(b) A special income-earning fund is hereby created in the State treasury, known as the Foreclosure Relief Fund.

(c) All moneys deposited into the fund together with all accumulated undistributed income thereon shall be held as a special fund in the State treasury. The fund shall be used solely for the purpose of providing grants to units of local government and not-for-profit organizations, including, but not limited to, not-for-profit housing authorities and community organizations to clean up residential real estate that has been abandoned, neglected, or otherwise in need of additional care following foreclosure.

(d) The grant program shall be administered by the Illinois Housing Development Authority, which shall adopt rules for the administration, operation, and maintenance of the grant program.

(e) All fees paid by the plaintiff to the clerk of the court as provided in this Section, shall be disbursed within 60 days after receipt by the clerk of the court as follows: (i) 90% to the State Treasurer for deposit into the Foreclosure Relief Fund; (ii) 6% to the county that the mortgaged real estate is located, General Corporate Fund; and (iii) 4% to the clerk of the court.

(f) Not later than March 1 of each year, the clerk of the court shall submit a report of funds remitted under this Section during the preceding year based upon independent verification of fees collected.

Section 10. The State Finance Act is amended by adding Section 5.756 as follows:

(30 ILCS 105/5.756 new)

Sec. 5.756. The Foreclosure Relief Fund.

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