Capitol Chronicle

By Jim Covington
Director of Legislative Affairs

Governor Blagojevich vetoed one bill and has signed four others into law, which are as follows.

Juvenile sex offenders. House Bill 2067 (Collins, D-Chicago; Raoul, D-Chicago) was vetoed. It removes last year's statutory language that requires juveniles convicted of sex offenses to register at age 17 as a sex offender for 10 years to life regardless of when the offense was committed or what kind of offense was committed. Instead, House Bill 2067 substitutes an individualized judicial determination for juveniles. It does not affect juveniles who are transferred to adult criminal court, nor does it affect the sentencing of juvenile sex offenders.

Meth. Public Act 94-800 (Rose, R-Ma-homet; Risinger, R-Peoria) makes it a Class 4 felony to possess a drug product containing dextromethorphan without a prescription. It exempts over-the-counter products. Possession with intent to sell is a Class 2 felony. Effective Jan. 1, 2007.

Racial profiling. Public Act 94-997 (Raoul, D-Chicago; Monique Davis, D-Chi-cago) creates the Racial Profiling Pre-vention and Data Oversight Act, which authorizes the collection of information about traffic stops. Effective Jan. 1, 2007 and Jan. 1, 2008.

Uninsured motorists. Public Act 94-1035 (Winkel, R-Champaign; Black, R-Danville) creates an additional penalty of a three-month suspension of driving privileges for a conviction for driving without liability insurance. The privileges may not be reinstated unless a reinstatement fee of $100 is paid. If the driver is found in violation of driving without insurance during this three-month period, his or her driving privileges must be suspended for an additional six months. Effective July 1, 2007.

Child support I. Public Act 94-1061 (Crotty, D-Oak Forest; John Bradley, D-Marion) amends the Parentage Act that currently requires a minimum child-support payment of $10 per month. It continues to require this minimum payment as long as it is consistent with Title IV, Part D of the Social Security Act. Effective Jan. 1, 2007.

Child support II. Public Act 94-971 (Davis, D-Hazel Crest; Lightford, D-Maywood) authorizes the Department of Health and Family Services to promulgate a rule authorizing HFS to compromise on child-support arrearages owed to the state in certain circumstances. Effective Jan.1, 2007.

Mortgage fraud. Public Act 94-822 (Collins, D-Chicago; Colvin, D-Chicago) creates the Mortgage Rescue Fraud Act to combat mortgage fraud in which a mortgage "rescue" company strips out a homeowner's equity under the guise of saving the home. It applies only to "distressed property," which is residential real property of one to six family dwelling units that is either in foreclosure or at risk of loss because of nonpayment of taxes or whose owner is more than 90 days delinquent on any loan secured by the property.

The bill does five things. (1) It requires a written contract between the "distressed property consultant" and the homeowner disclosing all of the terms, including the fact that the home is actually being sold. (2) It gives homeowners a right of rescission of the contract at any time until the distressed property consultant performs everything that is required and an absolute right of cancellation for five days after the homeowner signs a contract conveying the property. Neither right may be waived. (3) It requires that the purchaser verify before the sale of the home that the homeowner has the ability to make the required payments and buy it back. (4) It requires the purchaser to pay the homeowner at least 82 percent of the fair market value of the home if the homeowner is unable to buy it back. (5) It makes a violation of this Act also a violation of the Uniform Consumer Fraud and Deceptive Business Practices. Effective Jan. 1, 2007.