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92nd General Assembly

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Public Act 92-0531

SB1269 Enrolled                                LRB9201663TAtm

    AN ACT concerning the State Treasurer.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5.  The Deposit of State Moneys Act is amended by
changing Section 7 as follows:

    (15 ILCS 520/7) (from Ch. 130, par. 26)
    Sec.  7.  (a)  Proposals  made  may either be approved or
rejected by the State Treasurer.  A bank or savings and  loan
association  whose  proposal is approved shall be eligible to
become a State depositary for the class or classes  of  funds
covered   by  its  proposal.  A  bank  or  savings  and  loan
association whose  proposal  is  rejected  shall  not  be  so
eligible. The State Treasurer shall seek to have at all times
a  total  of  not  less  than  20  banks  or savings and loan
associations which are approved  as  State  depositaries  for
time deposits.
    (b)  The State Treasurer may, in his discretion, accept a
proposal  from  an  eligible institution which provides for a
reduced rate  of  interest  provided  that  such  institution
documents   the   use   of   deposited  funds  for  community
development projects.
    (c)  The State Treasurer may, in his or  her  discretion,
accept  a proposal from an eligible institution that provides
for interest earnings on deposits of State moneys to be  held
by  the  institution  in  a  separate  account that the State
Treasurer may use to secure up to 10% of any (i)  home  loans
to  Illinois  citizens  purchasing  a  home  in  Illinois  in
situations  where  the  participating  financial  institution
would   not   offer  the  borrower  a  home  loan  under  the
institution's  prevailing  credit   standards   without   the
incentive  of a reduced rate of interest on deposits of State
moneys, and (ii) existing home loans of Illinois citizens who
have failed to make payments on a the home loan as  a  result
of  a  financial  hardship  due  to  circumstances beyond the
control of the borrower where there is a reasonable  prospect
that  the  borrower  will  be  able  to  resume full mortgage
payments, and (iii) loans in amounts that do not  exceed  the
amount  of  arrearage  on a mortgage and that are extended to
enable a borrower to become current on his  or  her  mortgage
obligation.
    The   following   factors  shall  be  considered  by  the
participating financial institution to determine whether  the
financial hardship is due to circumstances beyond the control
of the borrower: (i) loss, reduction, or delay in the receipt
of  income because of the death or disability of a person who
contributed to the household income, (ii)  expenses  actually
incurred related to the uninsured damage or costly repairs to
the  mortgaged  premises  affecting  its  habitability, (iii)
expenses related to the death or illness  in  the  borrower's
household  or  of family members living outside the household
that reduce the amount of  household  income,  (iv)  loss  of
income  or  a  substantial increase in total housing expenses
because of divorce, abandonment, separation from a spouse, or
failure to support a spouse or  child,  (v)  unemployment  or
underemployment,  (vi)  loss,  reduction,  or  delay  in  the
receipt  of federal, State, or other government benefits, and
(vii) participation by the homeowner in  a  recognized  labor
action  such  as a strike.  In determining whether there is a
reasonable prospect that the borrower will be able to  resume
full   mortgage   payments,   the   participating   financial
institution   shall   consider  factors  including,  but  not
necessarily limited to the following: (i)  a  favorable  work
and  credit  history,  (ii)  the  borrower's  ability  to and
history of paying the mortgage when employed, (iii) the  lack
of  an  impediment  or disability that prevents reemployment,
(iv) new education and training opportunities,  (v)  non-cash
benefits  that  may reduce household expenses, and (vi) other
debts. temporary layoff or disability, but who  have  resumed
making  payments  on  the  home loan and have made at least 2
consecutive payments, when under the institution's prevailing
policies it would commence or pursue foreclosure  proceedings
if  it  were  not  for  the  incentive  of  a reduced rate of
interest on deposits of State moneys.
    For the purposes of this Section,  "home  loan"  means  a
loan,  other  than  an  open-end  credit  plan  or  a reverse
mortgage transaction, for which (i) the principal  amount  of
the  loan  does  not  exceed  50% of the conforming loan size
limit for a single-family dwelling as established  from  time
to  time  by  the Federal National Mortgage Association, (ii)
the borrower is a natural person, (iii) the debt is  incurred
by  the borrower primarily for personal, family, or household
purposes, and (iv) the loan is secured by a mortgage or  deed
of  trust on real estate upon which there is located or there
is to be located a structure  designed  principally  for  the
occupancy  of  no more than 4 families one family and that is
or will  be  occupied  by  the  borrower  as  the  borrower's
principal dwelling.
    (d)  If there is an agreement between the State Treasurer
and an eligible institution that details the use of deposited
funds,  the  agreement  may  not  require  the gift of money,
goods, or services to a third party; this provision does  not
restrict the eligible institution from contracting with third
parties  in order to carry out the intent of the agreement or
restrict the State Treasurer from placing  requirements  upon
third-party   contracts   entered   into   by   the  eligible
institution.
(Source: P.A. 92-482, eff. 8-23-01.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly November 29, 2001.
    Approved February 08, 2002.
    Effective February 08, 2002.

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