FORECLOSURE PREVENT COUNSELING Senate SponsorsSen. David Koehler-Jacqueline Y. Collins-Kwame Raoul, Emil Jones, III, Donne E. Trotter, Martin A. Sandoval-Heather Steans, Ira I. Silverstein, Mattie Hunter and Michael Noland House Sponsors(Rep. Kevin A. McCarthy-Karen A. Yarbrough-Angelo Saviano-Keith Farnham-LaShawn K. Ford, William B. Black, Dan Brady, Joseph M. Lyons, Kenneth Dunkin and Esther Golar) 1/12/2011SenateSession Sine Die 20 ILCS 3805/7.30 new30 ILCS 105/5.719 new30 ILCS 105/6z-80 new205 ILCS 635/2-2from Ch. 17, par. 2322-2Amends the Illinois Housing Development Act to authorize the Illinois Housing Authority to establish and administer a foreclosure prevention counseling program using moneys in the Foreclosure Prevention Counseling Fund, appropriated for that purpose, to make grants to HUD-certified housing counseling agencies to support pre-purchase and post-purchase home ownership education and foreclosure prevention counseling. Amends the State Finance Act to create the Foreclosure Prevention Counseling Fund from moneys received from the foreclosure prevention surcharge collected under the Residential Mortgage License Act of 1987. Provides that 75% of the moneys in this Fund shall be used for housing counseling outside Chicago and 25% of the moneys shall be used for such counseling in Chicago. Amends the Residential Mortgage License Act of 1987 to increase the investigation and application fees from $2,700 to $3,000. Effective immediately.Senate Committee Amendment No. 1 Deletes reference to:205 ILCS 635/2-2from Ch. 17, par. 2322-2Provides that the program established and administered by the Illinois Housing Development Authority is subject to appropriation. Deletes provisions concerning an increase in investigation and application fees.Senate Floor Amendment No. 2 Provides that the Foreclosure Prevention Counseling Fund shall consist of moneys appropriated by the General Assembly (instead of providing that all moneys received by the Secretary of Financial and Professional Regulation from the foreclosure prevention surcharge collected under specified provisions shall be deposited into the Fund).House Committee Amendment No. 1 Deletes reference to:20 ILCS 3805/7.30 new30 ILCS 105/5.719 new30 ILCS 105/6z-80 newAdds reference to:765 ILCS 77/70Deletes everything after the enacting clause. Amends the Residential Real Property Disclosure Act. Provides that a predatory lending database program shall be established within Cook, Kane, and Will counties (instead of Cook County). Provides that the inception date of the program as it applies to Kane and Will counties shall be January 1, 2010. Effective immediately.Fiscal Note, House Committee Amendment No. 1 (Financial & Professional Regulation) SB 268 (H-AM 1) will have a fiscal impact of approximately $648,000 to the Illinois Department of Financial and Professional Regulation. The Department will be required to hire an additional four positions to meet this new mandate. The additional funding for this mandate is not included in the FY10 budget proposal, and will be required to meet the proposed statutory changes.State Mandates Fiscal Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity) SB 268 (H-AM 1) does not create a State mandate.State Mandates Fiscal Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity) SB 268 (H-AM 2) does not create a State mandate.Fiscal Note, House Floor Amendment No. 2 (Financial & Professional Regulation) SB 268 (H-AM 2) will have a fiscal impact of approximately $3.3 million to the Illinois Department of Financial and Professional Regulation. The Department will be required to hire 16 additional positions to meet this new mandate. The additional funding for this mandate is not included in the FY10 budget proposal, and will be required to meet the proposed statutory changes.Housing Affordability Impact Note, House Committee Amendment No. 1 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Housing Affordability Impact Note, House Floor Amendment No. 2 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. House Floor Amendment No. 4 Adds reference to:5 ILCS 80/4.205 ILCS 80/4.30 new65 ILCS 5/11-20-7from Ch. 24, par. 11-20-765 ILCS 5/11-20-8from Ch. 24, par. 11-20-865 ILCS 5/11-20-12from Ch. 24, par. 11-20-1265 ILCS 5/11-20-13from Ch. 24, par. 11-20-1365 ILCS 5/11-20-15 new65 ILCS 5/11-20-15.1 new65 ILCS 5/11-31-1.01 new205 ILCS 5/5cfrom Ch. 17, par. 312.2225 ILCS 454/1-10225 ILCS 454/5-5225 ILCS 454/5-6 new225 ILCS 454/5-7 new225 ILCS 454/5-10225 ILCS 454/5-15225 ILCS 454/5-20225 ILCS 454/5-25225 ILCS 454/5-26 new225 ILCS 454/5-27 new225 ILCS 454/5-28 new225 ILCS 454/5-35225 ILCS 454/5-40225 ILCS 454/5-41 new225 ILCS 454/5-45225 ILCS 454/5-46 new225 ILCS 454/5-47 new225 ILCS 454/5-50225 ILCS 454/5-60225 ILCS 454/5-65225 ILCS 454/5-70225 ILCS 454/5-80225 ILCS 454/5-85225 ILCS 454/10-15225 ILCS 454/10-30225 ILCS 454/10-35 new225 ILCS 454/10-40 new225 ILCS 454/15-15225 ILCS 454/15-35225 ILCS 454/15-45225 ILCS 454/15-65225 ILCS 454/20-5225 ILCS 454/20-10225 ILCS 454/20-20225 ILCS 454/20-21 new225 ILCS 454/20-22 new225 ILCS 454/20-25225 ILCS 454/20-50225 ILCS 454/20-55225 ILCS 454/20-60225 ILCS 454/20-62 new225 ILCS 454/20-63 new225 ILCS 454/20-64 new225 ILCS 454/20-65225 ILCS 454/20-66 new225 ILCS 454/20-67 new225 ILCS 454/20-68 new225 ILCS 454/20-69 new225 ILCS 454/20-72 new225 ILCS 454/20-73 new225 ILCS 454/20-75225 ILCS 454/20-82 new225 ILCS 454/20-85225 ILCS 454/20-90225 ILCS 454/20-95225 ILCS 454/20-100225 ILCS 454/20-110225 ILCS 454/20-115225 ILCS 454/25-5225 ILCS 454/25-10225 ILCS 454/25-13225 ILCS 454/25-14225 ILCS 454/25-15225 ILCS 454/25-20225 ILCS 454/25-21 new225 ILCS 454/25-25225 ILCS 454/25-30225 ILCS 454/25-35225 ILCS 454/25-37225 ILCS 454/30-5225 ILCS 454/30-10225 ILCS 454/30-15225 ILCS 454/30-20225 ILCS 454/30-25735 ILCS 5/15-1503from Ch. 110, par. 15-1503735 ILCS 5/15-1508from Ch. 110, par. 15-1508225 ILCS 454/5-30 rep.225 ILCS 454/5-55 rep.225 ILCS 454/20-30 rep.225 ILCS 454/20-35 rep.225 ILCS 454/20-40 rep.225 ILCS 454/20-45 rep.225 ILCS 454/20-80 rep.225 ILCS 454/20-120 rep.225 ILCS 454/30-30 rep.Deletes everything after the enacting clause. Amends the Real Estate License Act of 2000. Changes references to (1) the Commissioner of Banks and Real Estate to the Secretary of the Department of Financial and Professional Regulation and (2) the Office of Banks and Real Estate to the Department of Financial and Professional Regulation. Changes provisions concerning the application process for a leasing agent license. Requires a managing broker to be licensed by the Department. Specifies the requirements for an applicant to be licensed as (1) a salesperson, (2) a broker, and (3) a managing broker. Changes provisions concerning the examination of certain applicants. Adds provisions concerning the transition (1) from a salesperson to a broker license and (2) to a managing broker license. Changes provisions concerning continuing education requirements for specified licensees. Adds provisions concerning advertising by licensees. Adds provisions concerning the duties of licensees representing clients. Changes provisions concerning the disclosure of a licensee acting as an agent for a consumer. Amends the Regulatory Sunset Act to change the repeal date of the Act from January 1, 2010 to January 1, 2020. Makes changes in Sections concerning definitions, exemptions, good moral character, the transition from a salesperson's license to a broker's license, the transition to a managing broker's license, offices, reciprocity, continuing education requirements, compensation to unlicensed persons, agency relationship disclosure, unlicensed practice, grounds for discipline, cease and desist orders, returned checks, investigations, rehearings by the Real Estate Administration and Disciplinary Board, the appointment of a hearing officer, fines and penalties, the Real Estate Recovery Fund, the Real Estate Administration and Disciplinary Board duties, Department staff, peer review advisors, the Real Estate License Administration Fund, the Real Estate Recovery Fund, and the licensing of continuing education instructors. Makes other changes. Amends the Illinois Municipal Code. In Sections concerning the removal of nuisances by the corporate authorities of a municipality, provides for a uniform method of filing a lien to recover the costs of removing specified nuisances. Includes the removal costs of (i) cutting and removing neglected weeds, grass, trees, and bushes, (ii) controlling pests, (iii) removing infected trees, and (iv) removing garbage and debris. Sets forth a lien procedure for the removal of specified nuisances from an abandoned residential property. Provides that provisions concerning specified liens are inoperative or repealed on the earlier of December 31, 2013, or upon certification by the Secretary of the Illinois Department of Financial and Professional Regulation that the Mortgage Electronic Registration System program is effectively registering mortgaged residential properties located within the State, is available, without charge, by municipalities in the State, and includes the mortgage servicer's telephone number. Amends the Code of Civil Procedure. Requires that notice of foreclosure be provided to the municipality within the boundary of which the property is located or to the county under specified circumstances. Sets forth notice requirements. Contains other provisions. Makes other changes. Amends the Illinois Banking Act. Provides that in no event shall the total amount of specified stock held by a bank in such bank or holding company exceed 10 percent of its capital and surplus and in no event shall a bank acquire more than 15 percent (rather than 5 percent) of any class of voting securities of such bank or company. Amends the Residential Real Property Disclosure Act. Provides that a predatory lending database program shall be established within Cook, Kane, and Will counties (instead of Cook County). Provides that the inception date of the program as it applies to Kane and Will counties shall be January 1, 2010. Makes other changes. Effective immediately, except that certain provisions take effect on December 31, 2009.House Floor Amendment No. 5 Provides that certain provision take effect 60 days after becoming law rather than upon becoming law. 2/4/2009SenateFiled with Secretary by Sen. Jacqueline Y. Collins 2/4/2009SenateFirst Reading 2/4/2009SenateReferred to Assignments 2/10/2009SenateAssigned to Financial Institutions 2/27/2009SenatePostponed - Financial Institutions 3/6/2009SenatePostponed - Financial Institutions 3/10/2009SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Jacqueline Y. Collins 3/10/2009SenateSenate Committee Amendment No. 1 Referred to Assignments 3/11/2009SenateSenate Committee Amendment No. 1 Assignments Refers to Financial Institutions 3/12/2009SenateSenate Committee Amendment No. 1 Adopted 3/12/2009SenateDo Pass as Amended Financial Institutions; 012-000-000 3/12/2009SenatePlaced on Calendar Order of 2nd Reading March 17, 2009 3/19/2009SenateSecond Reading 3/19/2009SenatePlaced on Calendar Order of 3rd Reading March 24, 2009 3/24/2009SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Jacqueline Y. Collins 3/24/2009SenateSenate Floor Amendment No. 2 Referred to Assignments 3/25/2009SenateSenate Floor Amendment No. 2 Assignments Refers to Financial Institutions 3/31/2009SenateSenate Floor Amendment No. 2 Recommend Do Adopt Financial Institutions; 008-000-000 4/1/2009SenateAdded as Chief Co-Sponsor Sen. Kwame Raoul 4/1/2009SenateAdded as Co-Sponsor Sen. Emil Jones, III 4/1/2009SenateAdded as Co-Sponsor Sen. Donne E. Trotter 4/1/2009SenateAdded as Co-Sponsor Sen. Martin A. Sandoval 4/1/2009SenateRecalled to Second Reading 4/1/2009SenateSenate Floor Amendment No. 2 Adopted; Collins 4/1/2009SenatePlaced on Calendar Order of 3rd Reading ** April 2, 2009 4/2/2009SenateAdded as Chief Co-Sponsor Sen. Heather Steans 4/2/2009SenateAdded as Co-Sponsor Sen. Ira I. Silverstein 4/2/2009SenateAdded as Co-Sponsor Sen. Mattie Hunter 4/2/2009SenateThird Reading - Passed; 055-003-001 4/3/2009HouseArrived in House 4/3/2009HousePlaced on Calendar Order of First Reading 4/3/2009HouseChief House Sponsor Rep. André M. Thapedi 4/6/2009HouseFirst Reading 4/6/2009HouseReferred to Rules Committee 4/20/2009HouseAssigned to Executive Committee 4/22/2009HouseAdded Alternate Chief Co-Sponsor Rep. Linda Chapa LaVia 5/8/2009HouseRule 19(a) / Re-referred to Rules Committee 5/15/2009HouseCommittee/Final Action Deadline Extended-9(b) May 22, 2009 5/15/2009HouseAssigned to Executive Committee 5/20/2009HouseAlternate Chief Sponsor Changed to Rep. Keith Farnham 5/20/2009SenateAdded as Chief Co-Sponsor Sen. David Koehler 5/20/2009SenateAdded as Co-Sponsor Sen. Michael Noland 5/21/2009HouseHouse Committee Amendment No. 1 Filed with Clerk by Executive Committee 5/21/2009HouseHouse Committee Amendment No. 1 Adopted in Executive Committee; by Voice Vote 5/21/2009HouseDo Pass as Amended / Short Debate Executive Committee; 011-000-000 5/21/2009HousePlaced on Calendar 2nd Reading - Short Debate 5/21/2009HouseSecond Reading - Short Debate 5/21/2009HouseHeld on Calendar Order of Second Reading - Short Debate 5/22/2009SenateChief Sponsor Changed to Sen. David Koehler 5/22/2009HouseHouse Committee Amendment No. 1 Fiscal Note Requested as Amended by Rep. Mark H. Beaubien, Jr. 5/22/2009HouseFinal Action Deadline Extended-9(b) May 29, 2009 5/27/2009HouseHouse Committee Amendment No. 1 Fiscal Note Filed as Amended 5/27/2009HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Keith Farnham 5/27/2009HouseHouse Floor Amendment No. 2 Referred to Rules Committee 5/27/2009HouseHouse Floor Amendment No. 2 Fiscal Note Requested as Amended by Rep. Mark H. Beaubien, Jr. 5/27/2009HouseHouse Committee Amendment No. 1 State Mandates Fiscal Note Requested as Amended by Rep. Mark H. Beaubien, Jr. 5/27/2009HouseHouse Floor Amendment No. 2 State Mandates Fiscal Note Requested as Amended by Rep. Mark H. Beaubien, Jr. 5/27/2009HouseHouse Committee Amendment No. 1 Housing Affordability Impact Note Requested as Amended by Rep. Mark H. Beaubien, Jr. 5/27/2009HouseHouse Floor Amendment No. 2 Housing Affordability Impact Note Requested as Amended by Rep. Mark H. Beaubien, Jr. 5/28/2009HouseHouse Floor Amendment No. 2 Rules Refers to Executive Committee 5/28/2009HouseHouse Committee Amendment No. 1 State Mandates Fiscal Note Filed as Amended 5/28/2009HouseHouse Floor Amendment No. 2 State Mandates Fiscal Note Filed as Amended 5/28/2009HouseHouse Floor Amendment No. 2 Recommends Be Adopted Executive Committee; 011-000-000 5/29/2009HouseHouse Floor Amendment No. 2 Fiscal Note Filed as Amended 5/29/2009HouseAlternate Chief Co-Sponsor Removed Rep. Linda Chapa LaVia 5/29/2009HouseHouse Committee Amendment No. 1 Housing Affordability Impact Note Filed as Amended 5/29/2009HouseHouse Floor Amendment No. 2 Housing Affordability Impact Note Filed as Amended 5/29/2009HouseFinal Action Deadline Extended-9(b) May 31, 2009 5/30/2009HouseAlternate Chief Sponsor Changed to Rep. Kevin A. McCarthy 5/31/2009HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Kevin A. McCarthy 5/31/2009HouseHouse Floor Amendment No. 3 Referred to Rules Committee 5/31/2009HouseHouse Floor Amendment No. 3 Rules Refers to Executive Committee 5/31/2009HouseHouse Floor Amendment No. 3 Recommends Be Adopted Executive Committee; 011-000-000 5/31/2009HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. Kevin A. McCarthy 5/31/2009HouseHouse Floor Amendment No. 4 Referred to Rules Committee 5/31/2009HouseAdded Alternate Chief Co-Sponsor Rep. Karen A. Yarbrough 5/31/2009HouseAdded Alternate Chief Co-Sponsor Rep. Angelo Saviano 5/31/2009HouseAdded Alternate Chief Co-Sponsor Rep. Keith Farnham 5/31/2009HouseAdded Alternate Chief Co-Sponsor Rep. LaShawn K. Ford 5/31/2009HouseHouse Floor Amendment No. 4 Recommends Be Adopted Rules Committee; 003-002-000 5/31/2009HouseHouse Floor Amendment No. 5 Filed with Clerk by Rep. Kevin A. McCarthy 5/31/2009HouseHouse Floor Amendment No. 5 Referred to Rules Committee 5/31/2009HouseHouse Floor Amendment No. 5 Recommends Be Adopted Rules Committee; 004-000-000 5/31/2009HouseHouse Floor Amendment No. 2 Withdrawn by Rep. Keith Farnham 5/31/2009HouseHouse Floor Amendment No. 3 Withdrawn by Rep. Kevin A. McCarthy 5/31/2009HouseHouse Floor Amendment No. 4 Adopted by Voice Vote 5/31/2009HouseHouse Floor Amendment No. 5 Adopted by Voice Vote 5/31/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/31/2009HouseThird Reading - Short Debate - Passed 098-017-003 5/31/2009HouseAdded Alternate Co-Sponsor Rep. William B. Black 5/31/2009HouseAdded Alternate Co-Sponsor Rep. Dan Brady 5/31/2009HouseAdded Alternate Co-Sponsor Rep. Joseph M. Lyons 5/31/2009HouseAdded Alternate Co-Sponsor Rep. Kenneth Dunkin 5/31/2009HouseAdded Alternate Co-Sponsor Rep. Esther Golar 5/31/2009SenateSecretary's Desk - Concurrence House Amendment(s) 1, 4, 5 5/31/2009SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 4, 5 - May 31, 2009 5/31/2009SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins 5/31/2009SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. David Koehler 5/31/2009SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments 5/31/2009SenateHouse Floor Amendment No. 4 Motion to Concur Filed with Secretary Sen. David Koehler 5/31/2009SenateHouse Floor Amendment No. 4 Motion to Concur Referred to Assignments 5/31/2009SenateHouse Floor Amendment No. 5 Motion to Concur Filed with Secretary Sen. David Koehler 5/31/2009SenateHouse Floor Amendment No. 5 Motion to Concur Referred to Assignments 5/31/2009SenateHouse Committee Amendment No. 1 Motion to Concur Be Approved for Consideration Assignments 5/31/2009SenateHouse Floor Amendment No. 4 Motion to Concur Be Approved for Consideration Assignments 5/31/2009SenateHouse Floor Amendment No. 5 Motion to Concur Be Approved for Consideration Assignments 8/15/2009SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments; Pursuant to Senate Rule 3-9(b). 8/15/2009SenateHouse Floor Amendment No. 4 Motion to Concur Referred to Assignments; Pursuant to Senate Rule 3-9(b). 8/15/2009SenateHouse Floor Amendment No. 5 Motion to Concur Referred to Assignments; Pursuant to Senate Rule 3-9(b). 8/15/2009SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments 1/12/2011SenateSession Sine Die