Rep. André M. Thapedi
Filed: 3/15/2010
 
 

 




 

 		












09600HB6215ham002

LRB096 16710 AMC 38927 a






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AMENDMENT TO HOUSE BILL 6215




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

 
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    "Section 5. The Code of Civil Procedure is amended  by 
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adding Section 15-1515 as follows:
 
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    (735 ILCS 5/15-1515 new)
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    Sec. 15-1515. Health and safety assistance.
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    (a) With respect to residential real estate, at the time of 
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filing a foreclosure complaint, the plaintiff must pay the 
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clerk of the court of the county that the mortgaged real estate 
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is located, a fee for deposit into the Foreclosure Relief Fund. 
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The fee that the plaintiff must pay is calculated at the rate 
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of $1.25 for each $500 of value or fraction of $500 stated and 
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sought by the plaintiff in the foreclosure complaint.
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    (b) A special income-earning fund is hereby created in the 
 


 






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State treasury, known as the Foreclosure Relief Fund. 
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    (c) All moneys deposited into the fund together with all 
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accumulated undistributed income thereon shall be held as a 
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special fund in the State treasury. The fund shall be used 
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solely for the purpose of providing grants to units of local 
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government and not-for-profit organizations, including, but 
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not limited to, not-for-profit housing authorities and 
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community organizations to clean up, acquire, or demolish 
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residential real estate that has been abandoned, neglected, or 
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otherwise in need of additional care following foreclosure. 
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    (d) The grant program shall be administered by the 
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Department of Commerce and Economic Opportunity,  which shall 
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promulgate and adopt rules for the administration, operation, 
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and maintenance of the grant program. 
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    (e) All fees paid by the plaintiff to the clerk of the 
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court as provided in this Section, shall be disbursed within 60 
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days after receipt by the clerk of the court as follows: (i) 
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90% to the State Treasurer for deposit into the Foreclosure 
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Relief Fund; (ii) 4%  to the county that the mortgaged real 
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estate is located, for deposit into the  General Corporate Fund; 
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(iii) 4% to the clerk of the court; and (iv) 2% to the 
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administrator of the grant program as defined in this Section. 
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    (f) Not later than March 1 of each year, the clerk of the 
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court shall submit a report of funds remitted under this 
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Section during the preceding year based upon independent 
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verification of fees collected to the administrator of the 
 


 






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grant program as defined in this Section. 
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    (g) The Foreclosure Relief Fund shall not be subject to 
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sweeps, administrative changes, chargebacks, or any other 
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fiscal or budgetary maneuver that would in any way result in 
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the transfer of any funds from the Foreclosure Relief Fund to 
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any other Fund of this State, or having any such funds utilized 
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for any purpose other than to pay for the costs of the grant 
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program. 
 
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    Section 10. The State Finance Act is amended by adding 
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Section 5.756 as follows:
 
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    (30 ILCS 105/5.756 new)
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    Sec. 5.756. The Foreclosure Relief Fund.
 

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