Sen. Dave Sullivan
Filed: 4/11/2005
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1 | AMENDMENT TO SENATE BILL 2060
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2 | AMENDMENT NO. ______. Amend Senate Bill 2060 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Military Personnel Cellular Phone Contract Termination Act. | ||||||
6 | Section 5. Definition. In this Act: | ||||||
7 | "Active duty" means active duty pursuant to an executive | ||||||
8 | order of the President of the United States, an act of the | ||||||
9 | Congress of the United States, or an order of the Governor. | ||||||
10 | "Service member" means a member of the armed services or | ||||||
11 | reserve forces of the United States or a member of the Illinois | ||||||
12 | National Guard. | ||||||
13 | Section 10. Termination of cellular phone contract without | ||||||
14 | penalty. Any service member who is deployed on active duty, or | ||||||
15 | the spouse of that service member, may terminate, without | ||||||
16 | penalty, a cellular phone contract that meets both of the | ||||||
17 | following requirements:
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18 | (1) The contract is entered into on or after the | ||||||
19 | effective date of this Act.
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20 | (2) The contract is executed by or on behalf of the | ||||||
21 | service member who is deployed on active duty.
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22 | Section 15. Effective date of termination. Termination of |
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1 | the cellular phone contract shall not be effective until:
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2 | (1) thirty days after the service member who is | ||||||
3 | deployed on active duty or the service member's spouse | ||||||
4 | gives notice by certified mail, return receipt requested, | ||||||
5 | of the intention to terminate the cellular phone contract | ||||||
6 | together with a copy of the military or gubernatorial | ||||||
7 | orders calling the service member to active duty and of any | ||||||
8 | orders further extending the service member's period of | ||||||
9 | active duty; and
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10 | (2) unless the service member who is deployed on active | ||||||
11 | duty owns the cellular phone, the cellular phone is | ||||||
12 | returned to the custody or control of the cellular | ||||||
13 | telephone company, or the service member who is deployed on | ||||||
14 | active duty or the service member's spouse agrees in | ||||||
15 | writing to return the cellular phone as soon as practical | ||||||
16 | after the deployment is completed.
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17 | Section 900. The Department of Central Management Services | ||||||
18 | Law of the
Civil Administrative Code of Illinois is amended by | ||||||
19 | adding Section 405-272 as follows: | ||||||
20 | (20 ILCS 405/405-272 new) | ||||||
21 | Sec. 405-272. Bulk long distance telephone services for | ||||||
22 | military personnel on active duty. | ||||||
23 | (a) In this Section: | ||||||
24 | "Active duty" means active duty pursuant to an executive | ||||||
25 | order of the President of the United States, an act of the | ||||||
26 | Congress of the United States, or an order of the Governor. | ||||||
27 | "Immediate family" means a service member's spouse | ||||||
28 | residing in the service member's household, brothers and | ||||||
29 | sisters of the whole or of the half blood, children, including | ||||||
30 | adopted children and stepchildren, parents, and grandparents. | ||||||
31 | "Service member" means a member of the armed services or | ||||||
32 | reserve forces of the United States or a member of the Illinois |
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1 | National Guard.
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2 | (b) The Department may enter into a contract to purchase | ||||||
3 | bulk long distance telephone services and make them available | ||||||
4 | at cost, or may make bulk long distance telephone services | ||||||
5 | available at cost under any existing contract the Department | ||||||
6 | has entered into, to persons in the immediate family of service | ||||||
7 | members deployed on active duty so that those persons in the | ||||||
8 | service members' families can communicate with the service | ||||||
9 | members so deployed. If the Department enters into a contract | ||||||
10 | under this Section, it shall do so in accordance with the | ||||||
11 | Illinois Procurement Code and in a nondiscriminatory manner | ||||||
12 | that does not place any potential vendor at a competitive | ||||||
13 | disadvantage. | ||||||
14 | (c) In order to be eligible to use bulk long distance | ||||||
15 | telephone services purchased by the Department under this | ||||||
16 | Section, a service member or person in the service member's | ||||||
17 | immediate family must provide the Department with a copy of the | ||||||
18 | military or gubernatorial orders calling the service member to | ||||||
19 | active duty and of any orders further extending the service | ||||||
20 | member's period of active duty.
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21 | (d) If the Department enters into a contract under this | ||||||
22 | Section, the Department shall adopt rules as necessary to | ||||||
23 | implement this Section. | ||||||
24 | Section 902. The Illinois Municipal Code is amended by | ||||||
25 | adding Section 11-117-12.2 as follows: | ||||||
26 | (65 ILCS 5/11-117-12.2 new) | ||||||
27 | Sec. 11-117-12.2. Military personnel on active duty; no | ||||||
28 | stoppage of gas or electricity; arrearage. | ||||||
29 | (a) In this Section: | ||||||
30 | "Active duty" means active duty pursuant to an executive | ||||||
31 | order of the President of the United States, an act of the | ||||||
32 | Congress of the United States, or an order of the Governor. |
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1 | "Service member" means a member of the armed services or | ||||||
2 | reserve forces of the United States or a member of the Illinois | ||||||
3 | National Guard.
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4 | (b) No municipality owning a public utility shall stop gas | ||||||
5 | or electricity from entering the residential premises of which | ||||||
6 | a service member was a primary occupant immediately before the | ||||||
7 | service member was deployed on active duty for nonpayment for | ||||||
8 | gas or electricity supplied to the residential premises. | ||||||
9 | (c) Upon the return from active duty of a residential | ||||||
10 | consumer who is a service member, the municipality shall offer | ||||||
11 | the residential consumer a period equal to at least the period | ||||||
12 | of the residential consumer's deployment on active duty to pay | ||||||
13 | any arrearages incurred during the period of the residential | ||||||
14 | consumer's deployment. The municipality shall inform the | ||||||
15 | residential consumer that, if the period the municipality | ||||||
16 | offers presents a hardship to the consumer, the consumer may | ||||||
17 | request a longer period to pay the arrearages. | ||||||
18 | (d) In order to be eligible for the benefits granted to | ||||||
19 | service members under this Section, a service member must | ||||||
20 | provide the municipality with a copy of the military or | ||||||
21 | gubernatorial orders calling the service member to active duty | ||||||
22 | and of any orders further extending the service member's period | ||||||
23 | of active duty.
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24 | Section 905. The Illinois Insurance Code is amended by | ||||||
25 | adding Section 224.05 as follows: | ||||||
26 | (215 ILCS 5/224.05 new) | ||||||
27 | Sec. 224.05. Military personnel on active duty; no lapse of | ||||||
28 | life insurance policy. | ||||||
29 | (a) Except as provided in subsection (b), this Section | ||||||
30 | shall apply to any individual life insurance policy insuring | ||||||
31 | the life of a member of the armed services or reserve forces of | ||||||
32 | the United States or a member of the Illinois National Guard |
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1 | who is on active duty pursuant to an executive order of the | ||||||
2 | President of the United States, an act of the Congress of the | ||||||
3 | United States, or an order of the Governor, if the life | ||||||
4 | insurance policy meets both of the following conditions: | ||||||
5 | (1) The policy has been in force for at least 180 days. | ||||||
6 | (2) The policy has been brought within the | ||||||
7 | "Servicemembers Civil Relief Act," 117 Stat. 2835 (2003), | ||||||
8 | 50 U.S.C. App. 541 and following. | ||||||
9 | (b) This Section does not apply to any policy that was | ||||||
10 | cancelled or that had lapsed for the nonpayment of premiums | ||||||
11 | prior to the commencement of the insured's period of military | ||||||
12 | service. | ||||||
13 | (c) An individual life insurance policy described in this | ||||||
14 | Section shall not lapse or be forfeited for the nonpayment of | ||||||
15 | premiums during the military service of a member of the armed | ||||||
16 | services or reserve forces of the United States or a member of | ||||||
17 | the Illinois National Guard or during the 2-year period | ||||||
18 | subsequent to the end of the member's period of military | ||||||
19 | service. | ||||||
20 | (d) In order to be eligible for the benefits granted to | ||||||
21 | service members under this Section, a service member must | ||||||
22 | provide the life insurance company with a copy of the military | ||||||
23 | or gubernatorial orders calling the service member to active | ||||||
24 | duty and of any orders further extending the service member's | ||||||
25 | period of active duty.
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26 | (e) This Section does not limit a life insurance company's | ||||||
27 | enforcement of provisions in the insured's policy relating to | ||||||
28 | naval or military service in time of war. | ||||||
29 | Section 910. The Public Utilities Act is amended by adding | ||||||
30 | Section 8-201.5 as follows: | ||||||
31 | (220 ILCS 5/8-201.5 new) | ||||||
32 | Sec. 8-201.5. Military personnel on active duty; no |
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1 | stoppage of gas or electricity; arrearage. | ||||||
2 | (a) In this Section: | ||||||
3 | "Active duty" means active duty pursuant to an executive | ||||||
4 | order of the President of the United States, an act of the | ||||||
5 | Congress of the United States, or an order of the Governor. | ||||||
6 | "Service member" means a member of the armed services or | ||||||
7 | reserve forces of the United States or a member of the Illinois | ||||||
8 | National Guard.
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9 | (b) No company or electric cooperative shall stop gas or | ||||||
10 | electricity from entering the residential premises of which a | ||||||
11 | service member was a primary occupant immediately before the | ||||||
12 | service member was deployed on active duty for nonpayment for | ||||||
13 | gas or electricity supplied to the residential premises. | ||||||
14 | (c) In order to be eligible for the benefits granted to | ||||||
15 | service members under this Section, a service member must | ||||||
16 | provide the company or electric cooperative with a copy of the | ||||||
17 | military or gubernatorial orders calling the service member to | ||||||
18 | active duty and of any orders further extending the service | ||||||
19 | member's period of active duty.
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20 | (d) Upon the return from active duty of a residential | ||||||
21 | consumer who is a service member, the company or electric | ||||||
22 | cooperative shall offer the residential consumer a period equal | ||||||
23 | to at least the period of deployment on active duty to pay any | ||||||
24 | arrearages incurred during the period of the residential | ||||||
25 | consumer's deployment. The company or electric cooperative | ||||||
26 | shall inform the residential consumer that, if the period that | ||||||
27 | the company or electric cooperative offers presents a hardship | ||||||
28 | to the consumer, the consumer may request a longer period to | ||||||
29 | pay the arrearages and, in the case of a company that is a | ||||||
30 | public utility, may request the assistance of the Illinois | ||||||
31 | Commerce Commission to obtain a longer period. No late payment | ||||||
32 | fees or interest shall be charged to the residential consumer | ||||||
33 | during the period of deployment or the repayment period. |
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1 | Section 915. The Code of Civil Procedure is amended by | ||||||
2 | adding Section 9-107.10 as follows: | ||||||
3 | (735 ILCS 5/9-107.10 new) | ||||||
4 | Sec. 9-107.10. Military personnel on active duty; action | ||||||
5 | for possession. | ||||||
6 | (a) In this Section: | ||||||
7 | "Active duty" means active duty pursuant to an executive | ||||||
8 | order of the President of the United States, an act of the | ||||||
9 | Congress of the United States, or an order of the Governor. | ||||||
10 | "Service member" means a member of the armed services or | ||||||
11 | reserve forces of the United States or a member of the Illinois | ||||||
12 | National Guard.
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13 | (b) In an action for possession of residential premises of | ||||||
14 | a tenant, including a tenant who is a resident of a mobile home | ||||||
15 | park, who is a service member deployed on active duty, or of | ||||||
16 | any member of the tenant's family who resides with the tenant, | ||||||
17 | if the tenant entered into the rental agreement on or after the | ||||||
18 | effective date of this amendatory Act of the 94th General | ||||||
19 | Assembly, the court may, on its own motion, and shall, upon | ||||||
20 | motion made by or on behalf of the tenant, do either of the | ||||||
21 | following if the tenant's ability to pay the agreed rent is | ||||||
22 | materially affected by the tenant's deployment on active duty: | ||||||
23 | (1) Stay the proceedings for a period of 90 days, | ||||||
24 | unless, in the opinion of the court, justice and equity | ||||||
25 | require a longer or shorter period of time. | ||||||
26 | (2) Adjust the obligation under the rental agreement to | ||||||
27 | preserve the interest of all parties to it. | ||||||
28 | (c) In order to be eligible for the benefits granted to | ||||||
29 | service members under this Section, a service member or a | ||||||
30 | member of the service member's family who resides with the | ||||||
31 | service member must provide the landlord or mobile home park | ||||||
32 | operator with a copy of the military or gubernatorial orders | ||||||
33 | calling the service member to active duty and of any orders |
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1 | further extending the service member's period of active duty.
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2 | (d) If a stay is granted under this Section, the court may | ||||||
3 | grant the landlord or mobile home park operator such relief as | ||||||
4 | equity may require. | ||||||
5 | (e) This Section does not apply to landlords or mobile home | ||||||
6 | park operators operating less than 4 residential premises. | ||||||
7 | Section 920. The Interest Act is amended by changing | ||||||
8 | Section 4 and by adding Section 4.05 as follows:
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9 | (815 ILCS 205/4) (from Ch. 17, par. 6404)
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10 | Sec. 4. General interest rate.
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11 | (1) Except as otherwise provided in this Act, in
In all | ||||||
12 | written contracts it shall be lawful for the parties to
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13 | stipulate or agree that 9% per annum, or any less sum of | ||||||
14 | interest, shall be
taken and paid upon every $100 of money | ||||||
15 | loaned or in any manner due and
owing from any person to any | ||||||
16 | other person or corporation in this state, and
after that rate | ||||||
17 | for a greater or less sum, or for a longer or shorter time,
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18 | except as herein provided.
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19 | The maximum rate of interest that may lawfully be | ||||||
20 | contracted for is
determined by the law applicable thereto at | ||||||
21 | the time the contract is
made. Any provision in any contract, | ||||||
22 | whether made before or after July
1, 1969, which provides for | ||||||
23 | or purports to authorize, contingent upon a
change in the | ||||||
24 | Illinois law after the contract is made, any rate of
interest | ||||||
25 | greater than the maximum lawful rate at the time the contract
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26 | is made, is void.
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27 | It is lawful for a state bank or a branch of an | ||||||
28 | out-of-state bank, as those
terms are defined in Section 2 of | ||||||
29 | the Illinois Banking Act, to receive or to
contract to receive
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30 | and collect interest and charges at any rate or rates agreed | ||||||
31 | upon by
the bank or branch and the borrower.
It is lawful for a | ||||||
32 | savings bank chartered under the Savings Bank Act or a
savings |
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1 | association chartered under the Illinois Savings and Loan Act | ||||||
2 | of 1985
to receive or contract to receive and collect interest | ||||||
3 | and charges at any rate
agreed upon by the savings bank or | ||||||
4 | savings association and the borrower.
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5 | It is lawful to receive or to contract to receive and | ||||||
6 | collect
interest and charges as authorized by this Act and as | ||||||
7 | authorized by the
Consumer Installment Loan Act and by the | ||||||
8 | "Consumer Finance Act", approved July
10,
1935, as now or | ||||||
9 | hereafter amended. It is lawful to charge, contract
for, and | ||||||
10 | receive any rate or amount of interest or compensation with
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11 | respect to the following transactions:
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12 | (a) Any loan made to a corporation;
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13 | (b) Advances of money, repayable on demand, to an | ||||||
14 | amount not less
than $5,000, which are made upon warehouse | ||||||
15 | receipts, bills of lading,
certificates of stock, | ||||||
16 | certificates of deposit, bills of exchange, bonds
or other | ||||||
17 | negotiable instruments pledged as collateral security for | ||||||
18 | such
repayment, if evidenced by a writing;
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19 | (c) Any credit transaction between a merchandise | ||||||
20 | wholesaler and
retailer; any business loan to a business | ||||||
21 | association or copartnership
or to a person owning and | ||||||
22 | operating a business as sole proprietor or to
any persons | ||||||
23 | owning and operating a business as joint venturers, joint
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24 | tenants or tenants in common, or to any limited | ||||||
25 | partnership, or to any
trustee owning and operating a | ||||||
26 | business or whose beneficiaries own and
operate a business, | ||||||
27 | except that any loan which is secured (1) by an
assignment | ||||||
28 | of an individual obligor's salary, wages, commissions or
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29 | other compensation for services, or (2) by his household | ||||||
30 | furniture or
other goods used for his personal, family or | ||||||
31 | household purposes shall be
deemed not to be a loan within | ||||||
32 | the meaning of this subsection; and
provided further that a | ||||||
33 | loan which otherwise qualifies as a business
loan within | ||||||
34 | the meaning of this subsection shall not be deemed as not |
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1 | so
qualifying because of the inclusion, with other security | ||||||
2 | consisting of
business assets of any such obligor, of real | ||||||
3 | estate occupied by an
individual obligor solely as his | ||||||
4 | residence. The term "business" shall
be deemed to mean a | ||||||
5 | commercial, agricultural or industrial enterprise
which is | ||||||
6 | carried on for the purpose of investment or profit, but | ||||||
7 | shall
not be deemed to mean the ownership or maintenance of | ||||||
8 | real estate
occupied by an individual obligor solely as his | ||||||
9 | residence;
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10 | (d) Any loan made in accordance with the provisions of | ||||||
11 | Subchapter I
of Chapter 13 of Title 12 of the United States | ||||||
12 | Code, which is designated
as "Housing Renovation and | ||||||
13 | Modernization";
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14 | (e) Any mortgage loan insured or upon which a | ||||||
15 | commitment to insure
has been issued under the provisions | ||||||
16 | of the National Housing Act,
Chapter 13 of Title 12 of the | ||||||
17 | United States Code;
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18 | (f) Any mortgage loan guaranteed or upon which a | ||||||
19 | commitment to
guaranty has been issued under the provisions | ||||||
20 | of the Veterans' Benefits
Act, Subchapter II of Chapter 37 | ||||||
21 | of Title 38 of the United States Code;
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22 | (g) Interest charged by a broker or dealer registered | ||||||
23 | under the
Securities Exchange Act of 1934, as amended, or | ||||||
24 | registered under the
Illinois Securities Law of 1953, | ||||||
25 | approved July 13, 1953, as now or
hereafter amended, on a | ||||||
26 | debit balance in an account for a customer if
such debit | ||||||
27 | balance is payable at will without penalty and is secured | ||||||
28 | by
securities as defined in Uniform Commercial | ||||||
29 | Code-Investment Securities;
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30 | (h) Any loan made by a participating bank as part of | ||||||
31 | any loan
guarantee program which provides for loans and for | ||||||
32 | the refinancing of
such loans to medical students, interns | ||||||
33 | and residents and which are
guaranteed by the American | ||||||
34 | Medical Association Education and Research
Foundation;
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1 | (i) Any loan made, guaranteed, or insured in accordance | ||||||
2 | with the
provisions of the Housing Act of 1949, Subchapter | ||||||
3 | III of Chapter 8A of
Title 42 of the United States Code and | ||||||
4 | the Consolidated Farm and Rural
Development Act, | ||||||
5 | Subchapters I, II, and III of Chapter 50 of Title 7 of
the | ||||||
6 | United States Code;
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7 | (j) Any loan by an employee pension benefit plan, as | ||||||
8 | defined in Section
3 (2) of the Employee Retirement Income | ||||||
9 | Security Act of 1974 (29 U.S.C.A.
Sec. 1002), to an | ||||||
10 | individual participating in such plan, provided that such
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11 | loan satisfies the prohibited transaction exemption | ||||||
12 | requirements of Section
408 (b) (1) (29 U.S.C.A. Sec. 1108 | ||||||
13 | (b) (1)) or Section 2003 (a) (26 U.S.C.A.
Sec. 4975 (d) | ||||||
14 | (1)) of the Employee Retirement Income Security Act of | ||||||
15 | 1974;
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16 | (k) Written contracts, agreements or bonds for deed | ||||||
17 | providing for
installment purchase of real estate;
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18 | (1) Loans secured by a mortgage on real estate;
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19 | (m) Loans made by a sole proprietorship, partnership, | ||||||
20 | or corporation to
an employee or to a person who has been | ||||||
21 | offered employment by such sole
proprietorship, | ||||||
22 | partnership, or corporation made for the sole purpose of
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23 | transferring an employee or person who has been offered | ||||||
24 | employment to another
office maintained and operated by the | ||||||
25 | same sole proprietorship, partnership,
or corporation;
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26 | (n) Loans to or for the benefit of students made by an | ||||||
27 | institution of
higher education.
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28 | (2) Except for loans described in subparagraph (a), (c), | ||||||
29 | (d),
(e), (f) or (i) of subsection (1) of this Section, and | ||||||
30 | except to the
extent permitted by the applicable statute for | ||||||
31 | loans made pursuant to
Section 4a or pursuant to the Consumer | ||||||
32 | Installment Loan Act:
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33 | (a) Whenever the rate of interest exceeds 8% per annum | ||||||
34 | on any
written contract, agreement or bond for deed |
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1 | providing for the installment
purchase of residential real | ||||||
2 | estate, or on any loan secured by a mortgage
on residential | ||||||
3 | real estate, it shall be unlawful to provide for a
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4 | prepayment penalty or other charge for prepayment.
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5 | (b) No agreement, note or other instrument evidencing a | ||||||
6 | loan
secured by a mortgage on residential real estate, or | ||||||
7 | written contract,
agreement or bond for deed providing for | ||||||
8 | the installment purchase of
residential real estate, may | ||||||
9 | provide for any change in the contract rate of
interest | ||||||
10 | during the term thereof. However, if the Congress of the | ||||||
11 | United
States or any federal agency authorizes any class of | ||||||
12 | lender to enter, within
limitations, into mortgage | ||||||
13 | contracts or written contracts, agreements or
bonds for | ||||||
14 | deed in which the rate of interest may be changed during | ||||||
15 | the
term of the contract, any person, firm, corporation or | ||||||
16 | other entity
not otherwise prohibited from entering into | ||||||
17 | mortgage contracts or
written contracts, agreements or | ||||||
18 | bonds for deed in Illinois may enter
into mortgage | ||||||
19 | contracts or written contracts, agreements or bonds
for | ||||||
20 | deed in which the rate of interest may be changed during | ||||||
21 | the term
of the contract, within the same limitations.
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22 | (3) In any contract or loan which is secured by a mortgage, | ||||||
23 | deed of
trust, or conveyance in the nature of a mortgage, on | ||||||
24 | residential real
estate, the interest which is computed, | ||||||
25 | calculated, charged, or collected
pursuant to such contract or | ||||||
26 | loan, or pursuant to any regulation or rule
promulgated | ||||||
27 | pursuant to this Act, may not be computed, calculated, charged
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28 | or collected for any period of time occurring after the date on | ||||||
29 | which the
total indebtedness, with the exception of late | ||||||
30 | payment penalties, is paid
in full.
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31 | For purposes of this Section, a prepayment shall mean the | ||||||
32 | payment of the
total indebtedness, with the exception of late | ||||||
33 | payment penalties if
incurred or charged, on any date before | ||||||
34 | the date specified in the contract
or loan agreement on which |
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1 | the total indebtedness shall be paid in full, or
before the | ||||||
2 | date on which all payments, if timely made, shall have been
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3 | made. In the event of a prepayment of the indebtedness which is | ||||||
4 | made on a
date after the date on which interest on the | ||||||
5 | indebtedness was last
computed, calculated, charged, or | ||||||
6 | collected but before the next date on
which interest on the | ||||||
7 | indebtedness was to be calculated, computed, charged,
or | ||||||
8 | collected, the lender may calculate, charge and collect | ||||||
9 | interest on the
indebtedness for the period which elapsed | ||||||
10 | between the date on which the
prepayment is made and the date | ||||||
11 | on which interest on the indebtedness was
last computed, | ||||||
12 | calculated, charged or collected at a rate equal to 1/360 of
| ||||||
13 | the annual rate for each day which so elapsed, which rate shall | ||||||
14 | be applied
to the indebtedness outstanding as of the date of | ||||||
15 | prepayment. The lender
shall refund to the borrower any | ||||||
16 | interest charged or collected which
exceeds that which the | ||||||
17 | lender may charge or collect pursuant to the
preceding | ||||||
18 | sentence. The provisions of this amendatory Act of 1985 shall
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19 | apply only to contracts or loans entered into on or after the | ||||||
20 | effective
date of this amendatory Act, but shall not apply to | ||||||
21 | contracts or loans
entered into on or after that date that are | ||||||
22 | subject to Section 4a of this
Act, the Consumer Installment | ||||||
23 | Loan Act, or the Retail Installment Sales
Act, or that provide | ||||||
24 | for the refund of precomputed interest on prepayment
in the | ||||||
25 | manner provided by such Act.
| ||||||
26 | (Source: P.A. 92-483, eff. 8-23-01.)
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27 | (815 ILCS 205/4.05 new) | ||||||
28 | Sec. 4.05. Military personnel on active duty; limitation on | ||||||
29 | interest rate. | ||||||
30 | (a) In this Section: | ||||||
31 | "Active duty" means active duty pursuant to an executive | ||||||
32 | order of the President of the United States, an act of the | ||||||
33 | Congress of the United States, or an order of the Governor. |
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| |||||||
1 | "Obligation" means any retail installment sales contract, | ||||||
2 | other contract for the purchase of goods or services, or bond, | ||||||
3 | bill, note, or other instrument of writing for the payment of | ||||||
4 | money arising out of a contract or other transaction for the | ||||||
5 | purchase of goods or services. | ||||||
6 | "Service member" means a member of the armed services or | ||||||
7 | reserve forces of the United States or a member of the Illinois | ||||||
8 | National Guard.
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9 | (b) Notwithstanding any contrary provision of law, no | ||||||
10 | creditor in connection with an obligation entered into on or | ||||||
11 | after the effective date of this amendatory Act of the 94th | ||||||
12 | General Assembly, but prior to a service member's deployment on | ||||||
13 | active duty, shall charge or collect from a service member who | ||||||
14 | is deployed on active duty, or the spouse of that service | ||||||
15 | member, interest or finance charges exceeding 6% per annum | ||||||
16 | during the period that the service member is deployed on active | ||||||
17 | duty. | ||||||
18 | (c) Notwithstanding any contrary provision of law, | ||||||
19 | interest or finance charges in excess of 6% per annum that | ||||||
20 | otherwise would be incurred but for the prohibition in | ||||||
21 | subsection (b) are forgiven. | ||||||
22 | (d) The amount of any periodic payment due from a service | ||||||
23 | member who is deployed on active duty, or the spouse of that | ||||||
24 | service member, under the terms of the obligation shall be | ||||||
25 | reduced by the amount of the interest and finance charges | ||||||
26 | forgiven under subsection (c) that is allocable to the period | ||||||
27 | for which the periodic payment is made. | ||||||
28 | (e) In order for an obligation to be subject to the | ||||||
29 | interest and finance charges limitation of this Section, the | ||||||
30 | service member deployed on active duty, or the spouse of that | ||||||
31 | service member, shall provide the creditor with written notice | ||||||
32 | of and a copy of the military or gubernatorial orders calling | ||||||
33 | the service member to active duty and of any orders further | ||||||
34 | extending the service member's period of active duty, not later |
| |||||||
| |||||||
1 | than 180 days after the date of the service member's | ||||||
2 | termination of or release from active duty. | ||||||
3 | (f) Upon receipt of the written notice and a copy of the | ||||||
4 | orders referred to in subsection (e), the creditor shall treat | ||||||
5 | the obligation in accordance with subsection (b), effective as | ||||||
6 | of the date on which the service member is deployed to active | ||||||
7 | duty. | ||||||
8 | (g) A court may grant a creditor relief from the interest | ||||||
9 | and finance charges limitation of this Section, if, in the | ||||||
10 | opinion of the court, the ability of the service member | ||||||
11 | deployed on active duty, or the spouse of that service member, | ||||||
12 | to pay interest or finance charges with respect to the | ||||||
13 | obligation at a rate in excess of 6% per annum is not | ||||||
14 | materially affected by reason of the service member's | ||||||
15 | deployment on active duty. | ||||||
16 | Section 925. The Motor Vehicle Leasing Act is amended by | ||||||
17 | adding Section 37 as follows: | ||||||
18 | (815 ILCS 636/37 new) | ||||||
19 | Sec. 37. Military personnel on active duty; termination of | ||||||
20 | lease. | ||||||
21 | (a) In this Act: | ||||||
22 | "Active duty" means active duty pursuant to an executive | ||||||
23 | order of the President of the United States, an act of the | ||||||
24 | Congress of the United States, or an order of the Governor. | ||||||
25 | "Motor vehicle" means any automobile, car minivan, | ||||||
26 | passenger van, sport utility vehicle, pickup truck, or other | ||||||
27 | self-propelled vehicle not operated or driven on fixed rails or | ||||||
28 | track. | ||||||
29 | "Service member" means a member of the armed services or | ||||||
30 | reserve forces of the United States or a member of the Illinois | ||||||
31 | National Guard.
| ||||||
32 | (b) Any service member who is deployed on active duty for a |
| |||||||
| |||||||
1 | period of not less than 180 days, or the spouse of that service | ||||||
2 | member, may terminate any motor vehicle lease that meets both | ||||||
3 | of the following requirements: | ||||||
4 | (1) The lease is entered into on or after the effective | ||||||
5 | date of this amendatory Act of the 94th General Assembly. | ||||||
6 | (2) The lease is executed by or on behalf of the | ||||||
7 | service member who is deployed on active duty. | ||||||
8 | (c) Termination of the motor vehicle lease shall not be | ||||||
9 | effective until: | ||||||
10 | (1) the service member who is deployed on active duty, | ||||||
11 | or the service member's spouse, gives the lessor by | ||||||
12 | certified mail, return receipt requested, a notice of the | ||||||
13 | intention to terminate the lease together with a copy of | ||||||
14 | the military or gubernatorial orders calling the service | ||||||
15 | member to active duty and of any orders further extending | ||||||
16 | the service member's period of active duty; and | ||||||
17 | (2) the motor vehicle subject to the lease is returned | ||||||
18 | to the custody or control of the lessor not later than 15 | ||||||
19 | days after the delivery of the written notice. | ||||||
20 | (d) Lease amounts unpaid for the period preceding the | ||||||
21 | effective date of the lease's termination shall be paid on a | ||||||
22 | prorated basis. The lessor may not impose an early termination | ||||||
23 | charge, but any taxes, costs of summons, and title or | ||||||
24 | registration fees and any other obligation and liability of the | ||||||
25 | lessee under the terms of the lease, including reasonable | ||||||
26 | charges to the lessee for excess wear, use, and mileage, that | ||||||
27 | are due and unpaid at the time of the lease's termination shall | ||||||
28 | be paid by the lessee. | ||||||
29 | (e) The lessor shall refund to the lessee lease amounts | ||||||
30 | paid in advance for a period after the effective date of the | ||||||
31 | lease's termination within 30 days after the effective date of | ||||||
32 | the lease's termination. | ||||||
33 | (f) Upon application by the lessor to a court before the | ||||||
34 | effective date of the lease's termination, relief granted by |
| |||||||
| |||||||
1 | this Section may be modified as justice and equity require.
| ||||||
2 | Section 999. Effective date. This Act takes effect upon | ||||||
3 | becoming law.".
|