|
"Active duty" means active duty pursuant to an executive |
order of the President of the United States, an act of the |
Congress of the United States, or an order of the Governor. |
"Service member" means a member of the armed services or |
reserve forces of the United States or a member of the Illinois |
National Guard.
|
(b) No municipality owning a public utility shall stop gas |
or electricity from entering the residential premises of which |
a service member was a primary occupant immediately before the |
service member was deployed on active duty for nonpayment for |
gas or electricity supplied to the residential premises. |
(c) Upon the return from active duty of a residential |
consumer who is a service member, the municipality shall offer |
the residential consumer a period equal to at least the period |
of the residential consumer's deployment on active duty to pay |
any arrearages incurred during the period of the residential |
consumer's deployment. The municipality shall inform the |
residential consumer that, if the period the municipality |
offers presents a hardship to the consumer, the consumer may |
request a longer period to pay the arrearages. |
(d) In order to be eligible for the benefits granted to |
service members under this Section, a service member must |
provide the municipality with a copy of the military or |
gubernatorial orders calling the service member to active duty |
and of any orders further extending the service member's period |
of active duty.
|
|
(e) A violation of this Section constitutes a civil rights |
violation under the Illinois Human Rights Act.
In addition to |
any other penalty that may be provided by law, a municipality |
that wilfully violates this Section is subject to a civil |
penalty of $1,000. The Attorney General may impose a civil |
penalty under this subsection only after he or she provides the |
following to the affected municipality: |
(1) Written notice of the alleged violation. |
(2) Written notice of the municipality's right to |
request an administrative hearing on the question of the |
alleged violation. |
(3) An opportunity to present evidence, orally or in |
writing or both, on the question of the alleged violation |
before an impartial hearing examiner appointed by the |
Attorney General. |
(4) A written decision from the Attorney General, based |
on the evidence introduced at the hearing and the hearing |
examiner's recommendations, finding that the municipality |
violated this Section and imposing the civil penalty. |
The Attorney General may bring an action in the circuit |
court to enforce the collection of a civil penalty imposed |
under this subsection. |
All proceeds from the collection of any civil penalty |
imposed under this subsection shall be deposited into the |
Illinois Military Family Relief Fund.
|
(Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06.)
|
|
Section 20. The Illinois Insurance Code is amended by |
changing Section 224.05 as follows:
|
(215 ILCS 5/224.05) |
Sec. 224.05. Military personnel on active duty; no lapse of |
life insurance policy. |
(a) Except as provided in subsection (b), this Section |
shall apply to any individual life insurance policy insuring |
the life of a member of the armed services or reserve forces of |
the United States or a member of the Illinois National Guard |
who is on active duty pursuant to an executive order of the |
President of the United States, an act of the Congress of the |
United States, or an order of the Governor, if the life |
insurance policy meets both of the following conditions: |
(1) The policy has been in force for at least 180 days. |
(2) The policy has been brought within the |
"Servicemembers Civil Relief Act," 117 Stat. 2835 (2003), |
50 U.S.C. App. 541 and following. |
(b) This Section does not apply to any policy that was |
cancelled or that had lapsed for the nonpayment of premiums |
prior to the commencement of the insured's period of military |
service. |
(c) An individual life insurance policy described in this |
Section shall not lapse or be forfeited for the nonpayment of |
premiums during the military service of a member of the armed |
|
services or reserve forces of the United States or a member of |
the Illinois National Guard or during the 2-year period |
subsequent to the end of the member's period of military |
service. |
(d) In order to be eligible for the benefits granted to |
service members under this Section, a service member must |
provide the life insurance company with a copy of the military |
or gubernatorial orders calling the service member to active |
duty and of any orders further extending the service member's |
period of active duty.
|
(e) This Section does not limit a life insurance company's |
enforcement of provisions in the insured's policy relating to |
naval or military service in time of war.
|
(f) A violation of this Section constitutes a civil rights |
violation under the Illinois Human Rights Act.
In addition to |
any other penalty that may be provided by law, an insurance |
company that violates this Section is subject to a civil |
penalty of $1,000. The Attorney General may impose a civil |
penalty under this subsection only after he or she provides the |
following to the affected insurance company: |
(1) Written notice of the alleged violation. |
(2) Written notice of the insurance company's right to |
request an administrative hearing on the question of the |
alleged violation. |
(3) An opportunity to present evidence, orally or in |
writing or both, on the question of the alleged violation |
|
before an impartial hearing examiner appointed by the |
Attorney General. |
(4) A written decision from the Attorney General, based |
on the evidence introduced at the hearing and the hearing |
examiner's recommendations, finding that the insurance |
company violated this Section and imposing the civil |
penalty. |
The Attorney General may bring an action in the circuit |
court to enforce the collection of a civil penalty imposed |
under this subsection. |
All proceeds from the collection of any civil penalty |
imposed under this subsection shall be deposited into the |
Illinois Military Family Relief Fund.
|
(Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06.)
|
Section 25. The Public Utilities Act is amended by changing |
Section 8-201.5 as follows:
|
(220 ILCS 5/8-201.5) |
Sec. 8-201.5. Military personnel on active duty; no |
stoppage of gas or electricity; arrearage. |
(a) In this Section: |
"Active duty" means active duty pursuant to an executive |
order of the President of the United States, an act of the |
Congress of the United States, or an order of the Governor. |
"Service member" means a member of the armed services or |
|
reserve forces of the United States or a member of the Illinois |
National Guard.
|
(b) No company or electric cooperative shall stop gas or |
electricity from entering the residential premises of which a |
service member was a primary occupant immediately before the |
service member was deployed on active duty for nonpayment for |
gas or electricity supplied to the residential premises. |
(c) In order to be eligible for the benefits granted to |
service members under this Section, a service member must |
provide the company or electric cooperative with a copy of the |
military or gubernatorial orders calling the service member to |
active duty and of any orders further extending the service |
member's period of active duty.
|
(d) Upon the return from active duty of a residential |
consumer who is a service member, the company or electric |
cooperative shall offer the residential consumer a period equal |
to at least the period of deployment on active duty to pay any |
arrearages incurred during the period of the residential |
consumer's deployment. The company or electric cooperative |
shall inform the residential consumer that, if the period that |
the company or electric cooperative offers presents a hardship |
to the consumer, the consumer may request a longer period to |
pay the arrearages and, in the case of a company that is a |
public utility, may request the assistance of the Illinois |
Commerce Commission to obtain a longer period. No late payment |
fees or interest shall be charged to the residential consumer |
|
during the period of deployment or the repayment period.
|
(e) A violation of this Section constitutes a civil rights |
violation under the Illinois Human Rights Act.
In addition to |
any other penalty that may be provided by law, a company or |
electric cooperative that wilfully violates this Section is |
subject to a civil penalty of $1,000. The Attorney General may |
impose a civil penalty under this subsection only after he or |
she provides the following to the affected company or electric |
cooperative: |
(1) Written notice of the alleged violation. |
(2) Written notice of the company or electric |
cooperative's right to request an administrative hearing |
on the question of the alleged violation. |
(3) An opportunity to present evidence, orally or in |
writing or both, on the question of the alleged violation |
before an impartial hearing examiner appointed by the |
Attorney General. |
(4) A written decision from the Attorney General, based |
on the evidence introduced at the hearing and the hearing |
examiner's recommendations, finding that the company or |
electric cooperative violated this Section and imposing |
the civil penalty. |
The Attorney General may bring an action in the circuit |
court to enforce the collection of a civil penalty imposed |
under this subsection. |
All proceeds from the collection of any civil penalty |
|
imposed under this subsection shall be deposited into the |
Illinois Military Family Relief Fund.
|
(Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06.)
|
Section 30. The Code of Civil Procedure is amended by |
changing Section 9-107.10 as follows:
|
(735 ILCS 5/9-107.10) |
Sec. 9-107.10. Military personnel on active duty; action |
for possession. |
(a) In this Section: |
"Active duty" means active duty pursuant to an executive |
order of the President of the United States, an act of the |
Congress of the United States, or an order of the Governor. |
"Service member" means a member of the armed services or |
reserve forces of the United States or a member of the Illinois |
National Guard.
|
(b) In an action for possession of residential premises of |
a tenant, including a tenant who is a resident of a mobile home |
park, who is a service member deployed on active duty, or of |
any member of the tenant's family who resides with the tenant, |
if the tenant entered into the rental agreement on or after the |
effective date of this amendatory Act of the 94th General |
Assembly, the court may, on its own motion, and shall, upon |
motion made by or on behalf of the tenant, do either of the |
following if the tenant's ability to pay the agreed rent is |
|
materially affected by the tenant's deployment on active duty: |
(1) Stay the proceedings for a period of 90 days, |
unless, in the opinion of the court, justice and equity |
require a longer or shorter period of time. |
(2) Adjust the obligation under the rental agreement to |
preserve the interest of all parties to it. |
(c) In order to be eligible for the benefits granted to |
service members under this Section, a service member or a |
member of the service member's family who resides with the |
service member must provide the landlord or mobile home park |
operator with a copy of the military or gubernatorial orders |
calling the service member to active duty and of any orders |
further extending the service member's period of active duty.
|
(d) If a stay is granted under this Section, the court may |
grant the landlord or mobile home park operator such relief as |
equity may require.
|
(e) A violation of this Section constitutes a civil rights |
violation under the Illinois Human Rights Act.
|
(Source: P.A. 94-635, eff. 8-22-05.)
|
Section 35. The Illinois Human Rights Act is amended by |
changing Section 1-103 and adding Section 6-102 as follows:
|
(775 ILCS 5/1-103) (from Ch. 68, par. 1-103) |
Sec. 1-103. General Definitions. When used in this Act, |
unless the
context requires otherwise, the term:
|
|
(A) Age. "Age" means the chronological age of a person who |
is at least
40 years old, except with regard to any practice |
described in Section
2-102, insofar as that practice concerns |
training or apprenticeship
programs. In the case of training or |
apprenticeship programs, for the
purposes of Section 2-102, |
"age" means the chronological age of a person
who is 18 but not |
yet 40 years old.
|
(B) Aggrieved Party. "Aggrieved party" means a person who |
is alleged
or proved to have been injured by a civil rights |
violation or believes he
or she will be injured by a civil |
rights violation under Article 3 that is
about to occur.
|
(C) Charge. "Charge" means an allegation filed with the |
Department
by an aggrieved party or initiated by the Department |
under its
authority.
|
(D) Civil Rights Violation. "Civil rights violation" |
includes and
shall be limited to only those specific acts set |
forth in Sections
2-102, 2-103, 2-105, 3-102, 3-103, 3-104, |
3-104.1, 3-105, 4-102, 4-103,
5-102, 5A-102,
and 6-101, and |
6-102 of this Act.
|
(E) Commission. "Commission" means the Human Rights |
Commission
created by this Act.
|
(F) Complaint. "Complaint" means the formal pleading filed |
by
the Department with the Commission following an |
investigation and
finding of substantial evidence of a civil |
rights violation.
|
(G) Complainant. "Complainant" means a person including |
|
the
Department who files a charge of civil rights violation |
with the Department or
the Commission.
|
(H) Department. "Department" means the Department of Human |
Rights
created by this Act.
|
(I) Handicap. "Handicap" means a determinable physical or |
mental
characteristic of a person, including, but not limited |
to, a determinable
physical characteristic which necessitates |
the person's use of a guide,
hearing or support dog, the |
history of such characteristic, or the
perception of such |
characteristic by the person complained against, which
may |
result from disease, injury, congenital condition of birth or
|
functional disorder and which characteristic:
|
(1) For purposes of Article 2 is unrelated to the |
person's ability
to perform the duties of a particular job |
or position and, pursuant to
Section 2-104 of this Act, a |
person's illegal use of drugs or alcohol is not a
handicap;
|
(2) For purposes of Article 3, is unrelated to the |
person's ability
to acquire, rent or maintain a housing |
accommodation;
|
(3) For purposes of Article 4, is unrelated to a |
person's ability to
repay;
|
(4) For purposes of Article 5, is unrelated to a |
person's ability to
utilize and benefit from a place of |
public accommodation.
|
(J) Marital Status. "Marital status" means the legal status |
of being
married, single, separated, divorced or widowed.
|
|
(J-1) Military Status. "Military status" means a person's |
status on
active duty in or status as a veteran of the armed |
forces of the United States, status as a current member or |
veteran of any
reserve component of the armed forces of the |
United States, including the United
States Army Reserve, United |
States Marine Corps Reserve, United States Navy
Reserve, United |
States Air Force Reserve, and United States Coast Guard
|
Reserve, or status as a current member or veteran of the |
Illinois Army National Guard or Illinois Air National
Guard.
|
(K) National Origin. "National origin" means the place in |
which a
person or one of his or her ancestors was born.
|
(L) Person. "Person" includes one or more individuals, |
partnerships,
associations or organizations, labor |
organizations, labor unions, joint
apprenticeship committees, |
or union labor associations, corporations, the
State of |
Illinois and its instrumentalities, political subdivisions, |
units
of local government, legal representatives, trustees in |
bankruptcy
or receivers.
|
(M) Public Contract. "Public contract" includes every |
contract to which the
State, any of its political subdivisions |
or any municipal corporation is a
party.
|
(N) Religion. "Religion" includes all aspects of religious |
observance
and practice, as well as belief, except that with |
respect to employers, for
the purposes of Article 2, "religion" |
has the meaning ascribed to it in
paragraph (F) of Section |
2-101.
|
|
(O) Sex. "Sex" means the status of being male or female.
|
(O-1) Sexual orientation. "Sexual orientation" means |
actual or
perceived heterosexuality, homosexuality, |
bisexuality, or gender-related identity,
whether or not |
traditionally associated with the person's designated sex at
|
birth. "Sexual orientation" does not include a physical or |
sexual attraction to a minor by an adult.
|
(P) Unfavorable Military Discharge. "Unfavorable military |
discharge"
includes discharges from the Armed Forces of the |
United States, their
Reserve components or any National Guard |
or Naval Militia which are
classified as RE-3 or the equivalent |
thereof, but does not include those
characterized as RE-4 or |
"Dishonorable".
|
(Q) Unlawful Discrimination. "Unlawful discrimination" |
means discrimination
against a person because of his or her |
race, color, religion, national origin,
ancestry, age, sex, |
marital status, handicap, military status, sexual
orientation,
|
or unfavorable
discharge from military service as those terms |
are defined in this Section.
|
(Source: P.A. 93-941, eff. 8-16-04; 93-1078, eff. 1-1-06; |
94-803, eff. 5-26-06.)
|
(775 ILCS 5/6-102 new) |
Sec. 6-102. Violations of other Acts. A person who violates |
the Military Leave of Absence Act, the Public Employee Armed |
Services Rights Act, Section 11-117-12.2 of the Illinois |
|
Municipal Code, Section 224.05 of the Illinois Insurance Code, |
Section 8-201.5 of the Public Utilities Act, Section 9-107.10 |
of the Code of Civil Procedure, Section 4.05 of the Interest |
Act, the Military Personnel Cellular Phone Contract |
Termination Act, or Section 37 of the Motor Vehicle Leasing Act |
commits a civil rights violation within the meaning of this |
Act.
|
Section 40. The Interest Act is amended by changing Section |
4.05 as follows:
|
(815 ILCS 205/4.05) |
Sec. 4.05. Military personnel on active duty; limitation on |
interest rate. |
(a) In this Section: |
"Active duty" means active duty pursuant to an executive |
order of the President of the United States, an act of the |
Congress of the United States, or an order of the Governor. |
"Obligation" means any retail installment sales contract, |
other contract for the purchase of goods or services, or bond, |
bill, note, or other instrument of writing for the payment of |
money arising out of a contract or other transaction for the |
purchase of goods or services. |
"Service member" means a member of the armed services or |
reserve forces of the United States or a member of the Illinois |
National Guard.
|
|
(b) Notwithstanding any contrary provision of State law, |
but subject to the federal Servicemembers Civil Relief Act, no |
creditor in connection with an obligation entered into on or |
after the effective date of this amendatory Act of the 94th |
General Assembly, but prior to a service member's deployment on |
active duty, shall charge or collect from a service member who |
is deployed on active duty, or the spouse of that service |
member, interest or finance charges exceeding 6% per annum |
during the period that the service member is deployed on active |
duty. |
(c) Notwithstanding any contrary provision of law, |
interest or finance charges in excess of 6% per annum that |
otherwise would be incurred but for the prohibition in |
subsection (b) are forgiven. |
(d) The amount of any periodic payment due from a service |
member who is deployed on active duty, or the spouse of that |
service member, under the terms of the obligation shall be |
reduced by the amount of the interest and finance charges |
forgiven under subsection (c) that is allocable to the period |
for which the periodic payment is made. |
(e) In order for an obligation to be subject to the |
interest and finance charges limitation of this Section, the |
service member deployed on active duty, or the spouse of that |
service member, shall provide the creditor with written notice |
of and a copy of the military or gubernatorial orders calling |
the service member to active duty and of any orders further |
|
extending the service member's period of active duty, not later |
than 180 days after the date of the service member's |
termination of or release from active duty. |
(f) Upon receipt of the written notice and a copy of the |
orders referred to in subsection (e), the creditor shall treat |
the obligation in accordance with subsection (b), effective as |
of the date on which the service member is deployed to active |
duty. |
(g) A court may grant a creditor relief from the interest |
and finance charges limitation of this Section, if, in the |
opinion of the court, the ability of the service member |
deployed on active duty, or the spouse of that service member, |
to pay interest or finance charges with respect to the |
obligation at a rate in excess of 6% per annum is not |
materially affected by reason of the service member's |
deployment on active duty.
|
(h) A violation of this Section constitutes a civil rights |
violation under the Illinois Human Rights Act.
In addition to |
any other penalty that may be provided by law, a creditor that |
violates this Section is subject to a civil penalty of $1,000. |
The Attorney General may impose a civil penalty under this |
subsection only after he or she provides the following to the |
affected creditor: |
(1) Written notice of the alleged violation. |
(2) Written notice of the creditor's right to request |
an administrative hearing on the question of the alleged |
|
violation. |
(3) An opportunity to present evidence, orally or in |
writing or both, on the question of the alleged violation |
before an impartial hearing examiner appointed by the |
Attorney General. |
(4) A written decision from the Attorney General, based |
on the evidence introduced at the hearing and the hearing |
examiner's recommendations, finding that the creditor |
violated this Section and imposing the civil penalty. |
The Attorney General may bring an action in the circuit |
court to enforce the collection of a civil penalty imposed |
under this subsection.
|
All proceeds from the collection of any civil penalty |
imposed under this subsection shall be deposited into the |
Illinois Military Family Relief Fund.
|
(Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06.)
|
Section 45. The Military Personnel Cellular Phone Contract |
Termination Act is amended by adding Section 22 as follows:
|
(815 ILCS 633/22 new) |
Sec. 22. Violation. A violation of this Act constitutes a |
civil rights violation under the Illinois Human Rights Act.
|
(815 ILCS 633/20 rep.) |
Section 50. The Military Personnel Cellular Phone Contract |
|
Termination Act is amended by repealing Section 20.
|
Section 55. The Motor Vehicle Leasing Act is amended by |
changing Section 37 as follows:
|
(815 ILCS 636/37) |
Sec. 37. Military personnel on active duty; termination of |
lease. |
(a) In this Act: |
"Active duty" means active duty pursuant to an executive |
order of the President of the United States, an act of the |
Congress of the United States, or an order of the Governor. |
"Motor vehicle" means any automobile, car minivan, |
passenger van, sport utility vehicle, pickup truck, or other |
self-propelled vehicle not operated or driven on fixed rails or |
track. |
"Service member" means a member of the armed services or |
reserve forces of the United States or a member of the Illinois |
National Guard.
|
(b) Any service member who is deployed on active duty for a |
period of not less than 180 days, or the spouse of that service |
member, may terminate any motor vehicle lease that meets both |
of the following requirements: |
(1) The lease is entered into on or after the effective |
date of this amendatory Act of the 94th General Assembly. |
(2) The lease is executed by or on behalf of the |
|
service member who is deployed on active duty. |
(c) Termination of the motor vehicle lease shall not be |
effective until: |
(1) the service member who is deployed on active duty, |
or the service member's spouse, gives the lessor by |
certified mail, return receipt requested, a notice of the |
intention to terminate the lease together with a copy of |
the military or gubernatorial orders calling the service |
member to active duty and of any orders further extending |
the service member's period of active duty; and |
(2) the motor vehicle subject to the lease is returned |
to the custody or control of the lessor not later than 15 |
days after the delivery of the written notice. |
(d) Lease amounts unpaid for the period preceding the |
effective date of the lease's termination shall be paid on a |
prorated basis. The lessor may not impose an early termination |
charge, but any taxes, costs of summons, and title or |
registration fees and any other obligation and liability of the |
lessee under the terms of the lease, including reasonable |
charges to the lessee for excess wear, use, and mileage, that |
are due and unpaid at the time of the lease's termination shall |
be paid by the lessee. |
(e) The lessor shall refund to the lessee lease amounts |
paid in advance for a period after the effective date of the |
lease's termination within 30 days after the effective date of |
the lease's termination. |
|
(f) Upon application by the lessor to a court before the |
effective date of the lease's termination, relief granted by |
this Section may be modified as justice and equity require.
|
(g) A violation of this Section constitutes a civil rights |
violation under the Illinois Human Rights Act.
In addition to |
any other penalty that may be provided by law, a lessor that |
violates this Section is subject to a civil penalty of $1,000. |
The Attorney General may impose a civil penalty under this |
subsection only after he or she provides the following to the |
affected lessor: |
(1) Written notice of the alleged violation. |
(2) Written notice of the lessor's right to request an |
administrative hearing on the question of the alleged |
violation. |
(3) An opportunity to present evidence, orally or in |
writing or both, on the question of the alleged violation |
before an impartial hearing examiner appointed by the |
Attorney General. |
(4) A written decision from the Attorney General, based |
on the evidence introduced at the hearing and the hearing |
examiner's recommendations, finding that the lessor |
violated this Section and imposing the civil penalty. |
The Attorney General may bring an action in the circuit |
court to enforce the collection of a civil penalty imposed |
under this subsection. |
All proceeds from the collection of any civil penalty |