Illinois General Assembly - Bill Status for SB 268

Amends 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.

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.

Date	Chamber	Action
1/12/2011	Senate	Session Sine Die

Date	Chamber	Action
2/4/2009	Senate	Filed with Secretary by Sen. Jacqueline Y. Collins
2/4/2009	Senate	First Reading
2/4/2009	Senate	Referred to Assignments
2/10/2009	Senate	Assigned to Financial Institutions
2/27/2009	Senate	Postponed - Financial Institutions
3/6/2009	Senate	Postponed - Financial Institutions
3/10/2009	Senate	Senate Committee Amendment No. 1 Filed with Secretary by Sen. Jacqueline Y. Collins
3/10/2009	Senate	Senate Committee Amendment No. 1 Referred to Assignments
3/11/2009	Senate	Senate Committee Amendment No. 1 Assignments Refers to Financial Institutions
3/12/2009	Senate	Senate Committee Amendment No. 1 Adopted
3/12/2009	Senate	Do Pass as Amended Financial Institutions; 012-000-000
3/12/2009	Senate	Placed on Calendar Order of 2nd Reading March 17, 2009
3/19/2009	Senate	Second Reading
3/19/2009	Senate	Placed on Calendar Order of 3rd Reading March 24, 2009
3/24/2009	Senate	Senate Floor Amendment No. 2 Filed with Secretary by Sen. Jacqueline Y. Collins
3/24/2009	Senate	Senate Floor Amendment No. 2 Referred to Assignments
3/25/2009	Senate	Senate Floor Amendment No. 2 Assignments Refers to Financial Institutions
3/31/2009	Senate	Senate Floor Amendment No. 2 Recommend Do Adopt Financial Institutions; 008-000-000
4/1/2009	Senate	Added as Chief Co-Sponsor Sen. Kwame Raoul
4/1/2009	Senate	Added as Co-Sponsor Sen. Emil Jones, III
4/1/2009	Senate	Added as Co-Sponsor Sen. Donne E. Trotter
4/1/2009	Senate	Added as Co-Sponsor Sen. Martin A. Sandoval
4/1/2009	Senate	Recalled to Second Reading
4/1/2009	Senate	Senate Floor Amendment No. 2 Adopted; Collins
4/1/2009	Senate	Placed on Calendar Order of 3rd Reading ** April 2, 2009
4/2/2009	Senate	Added as Chief Co-Sponsor Sen. Heather Steans
4/2/2009	Senate	Added as Co-Sponsor Sen. Ira I. Silverstein
4/2/2009	Senate	Added as Co-Sponsor Sen. Mattie Hunter
4/2/2009	Senate	Third Reading - Passed; 055-003-001
4/3/2009	House	Arrived in House
4/3/2009	House	Placed on Calendar Order of First Reading
4/3/2009	House	Chief House Sponsor Rep. Andr� M. Thapedi
4/6/2009	House	First Reading
4/6/2009	House	Referred to Rules Committee
4/20/2009	House	Assigned to Executive Committee
4/22/2009	House	Added Alternate Chief Co-Sponsor Rep. Linda Chapa LaVia
5/8/2009	House	Rule 19(a) / Re-referred to Rules Committee
5/15/2009	House	Committee/Final Action Deadline Extended-9(b) May 22, 2009
5/15/2009	House	Assigned to Executive Committee
5/20/2009	House	Alternate Chief Sponsor Changed to Rep. Keith Farnham
5/20/2009	Senate	Added as Chief Co-Sponsor Sen. David Koehler
5/20/2009	Senate	Added as Co-Sponsor Sen. Michael Noland
5/21/2009	House	House Committee Amendment No. 1 Filed with Clerk by Executive Committee
5/21/2009	House	House Committee Amendment No. 1 Adopted in Executive Committee; by Voice Vote
5/21/2009	House	Do Pass as Amended / Short Debate Executive Committee; 011-000-000
5/21/2009	House	Placed on Calendar 2nd Reading - Short Debate
5/21/2009	House	Second Reading - Short Debate
5/21/2009	House	Held on Calendar Order of Second Reading - Short Debate
5/22/2009	Senate	Chief Sponsor Changed to Sen. David Koehler
5/22/2009	House	House Committee Amendment No. 1 Fiscal Note Requested as Amended by Rep. Mark H. Beaubien, Jr.
5/22/2009	House	Final Action Deadline Extended-9(b) May 29, 2009
5/27/2009	House	House Committee Amendment No. 1 Fiscal Note Filed as Amended
5/27/2009	House	House Floor Amendment No. 2 Filed with Clerk by Rep. Keith Farnham
5/27/2009	House	House Floor Amendment No. 2 Referred to Rules Committee
5/27/2009	House	House Floor Amendment No. 2 Fiscal Note Requested as Amended by Rep. Mark H. Beaubien, Jr.
5/27/2009	House	House Committee Amendment No. 1 State Mandates Fiscal Note Requested as Amended by Rep. Mark H. Beaubien, Jr.
5/27/2009	House	House Floor Amendment No. 2 State Mandates Fiscal Note Requested as Amended by Rep. Mark H. Beaubien, Jr.
5/27/2009	House	House Committee Amendment No. 1 Housing Affordability Impact Note Requested as Amended by Rep. Mark H. Beaubien, Jr.
5/27/2009	House	House Floor Amendment No. 2 Housing Affordability Impact Note Requested as Amended by Rep. Mark H. Beaubien, Jr.
5/28/2009	House	House Floor Amendment No. 2 Rules Refers to Executive Committee
5/28/2009	House	House Committee Amendment No. 1 State Mandates Fiscal Note Filed as Amended
5/28/2009	House	House Floor Amendment No. 2 State Mandates Fiscal Note Filed as Amended
5/28/2009	House	House Floor Amendment No. 2 Recommends Be Adopted Executive Committee; 011-000-000
5/29/2009	House	House Floor Amendment No. 2 Fiscal Note Filed as Amended
5/29/2009	House	Alternate Chief Co-Sponsor Removed Rep. Linda Chapa LaVia
5/29/2009	House	House Committee Amendment No. 1 Housing Affordability Impact Note Filed as Amended
5/29/2009	House	House Floor Amendment No. 2 Housing Affordability Impact Note Filed as Amended
5/29/2009	House	Final Action Deadline Extended-9(b) May 31, 2009
5/30/2009	House	Alternate Chief Sponsor Changed to Rep. Kevin A. McCarthy
5/31/2009	House	House Floor Amendment No. 3 Filed with Clerk by Rep. Kevin A. McCarthy
5/31/2009	House	House Floor Amendment No. 3 Referred to Rules Committee
5/31/2009	House	House Floor Amendment No. 3 Rules Refers to Executive Committee
5/31/2009	House	House Floor Amendment No. 3 Recommends Be Adopted Executive Committee; 011-000-000
5/31/2009	House	House Floor Amendment No. 4 Filed with Clerk by Rep. Kevin A. McCarthy
5/31/2009	House	House Floor Amendment No. 4 Referred to Rules Committee
5/31/2009	House	Added Alternate Chief Co-Sponsor Rep. Karen A. Yarbrough
5/31/2009	House	Added Alternate Chief Co-Sponsor Rep. Angelo Saviano
5/31/2009	House	Added Alternate Chief Co-Sponsor Rep. Keith Farnham
5/31/2009	House	Added Alternate Chief Co-Sponsor Rep. LaShawn K. Ford
5/31/2009	House	House Floor Amendment No. 4 Recommends Be Adopted Rules Committee; 003-002-000
5/31/2009	House	House Floor Amendment No. 5 Filed with Clerk by Rep. Kevin A. McCarthy
5/31/2009	House	House Floor Amendment No. 5 Referred to Rules Committee
5/31/2009	House	House Floor Amendment No. 5 Recommends Be Adopted Rules Committee; 004-000-000
5/31/2009	House	House Floor Amendment No. 2 Withdrawn by Rep. Keith Farnham
5/31/2009	House	House Floor Amendment No. 3 Withdrawn by Rep. Kevin A. McCarthy
5/31/2009	House	House Floor Amendment No. 4 Adopted by Voice Vote
5/31/2009	House	House Floor Amendment No. 5 Adopted by Voice Vote
5/31/2009	House	Placed on Calendar Order of 3rd Reading - Short Debate
5/31/2009	House	Third Reading - Short Debate - Passed 098-017-003
5/31/2009	House	Added Alternate Co-Sponsor Rep. William B. Black
5/31/2009	House	Added Alternate Co-Sponsor Rep. Dan Brady
5/31/2009	House	Added Alternate Co-Sponsor Rep. Joseph M. Lyons
5/31/2009	House	Added Alternate Co-Sponsor Rep. Kenneth Dunkin
5/31/2009	House	Added Alternate Co-Sponsor Rep. Esther Golar
5/31/2009	Senate	Secretary's Desk - Concurrence House Amendment(s) 1, 4, 5
5/31/2009	Senate	Placed on Calendar Order of Concurrence House Amendment(s) 1, 4, 5 - May 31, 2009
5/31/2009	Senate	Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins
5/31/2009	Senate	House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. David Koehler
5/31/2009	Senate	House Committee Amendment No. 1 Motion to Concur Referred to Assignments
5/31/2009	Senate	House Floor Amendment No. 4 Motion to Concur Filed with Secretary Sen. David Koehler
5/31/2009	Senate	House Floor Amendment No. 4 Motion to Concur Referred to Assignments
5/31/2009	Senate	House Floor Amendment No. 5 Motion to Concur Filed with Secretary Sen. David Koehler
5/31/2009	Senate	House Floor Amendment No. 5 Motion to Concur Referred to Assignments
5/31/2009	Senate	House Committee Amendment No. 1 Motion to Concur Be Approved for Consideration Assignments
5/31/2009	Senate	House Floor Amendment No. 4 Motion to Concur Be Approved for Consideration Assignments
5/31/2009	Senate	House Floor Amendment No. 5 Motion to Concur Be Approved for Consideration Assignments
8/15/2009	Senate	House Committee Amendment No. 1 Motion to Concur Referred to Assignments; Pursuant to Senate Rule 3-9(b).
8/15/2009	Senate	House Floor Amendment No. 4 Motion to Concur Referred to Assignments; Pursuant to Senate Rule 3-9(b).
8/15/2009	Senate	House Floor Amendment No. 5 Motion to Concur Referred to Assignments; Pursuant to Senate Rule 3-9(b).
8/15/2009	Senate	Pursuant to Senate Rule 3-9(b) / Referred to Assignments
1/12/2011	Senate	Session Sine Die

	Deletes reference to:
	205 ILCS 635/2-2	from Ch. 17, par. 2322-2

	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.

	Adds reference to:
	765 ILCS 77/70