Illinois General Assembly - Bill Status for SB3287

Creates the Illinois Service Member Civil Relief Act. Provides that nothing in the Act is intended to impair any existing right or benefit available to any service member. Provides that certain legal protections afforded to service members (and family members where specified) are subject to stated provisions of law. Amends the Illinois Administrative Procedure Act to set forth a provision concerning stays of contested case hearings for service members. Amends the Civil Administrative Code of Illinois to set forth a provision concerning deadline extensions for service members. Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois to make changes to the provision concerning bulk long distance telephone services for military personnel in military service (now on active duty). Amends the Military Code of Illinois, Illinois Municipal Code, Illinois Insurance Code, Public Utilities Act, Service Member's Employment Tenure Act, Code of Civil Procedure, Landlord and Tenant Act, Uniform Commercial Code, Interest Act, Retail Installment Sales Act, Military Personnel Cellular Phone Contract Termination Act, and Motor Vehicle Leasing Act to make changes in certain provisions concerning military personnel. Amends the Illinois Human Rights Act to provide that a violation of specified provisions regarding legal protections for military personnel constitutes a civil rights violation under the Illinois Human Rights Act.

In the provision of the Illinois Service Member Civil Relief Act concerning the stoppage of gas or electricity and arrearages with regard to municipalities, electric companies, or cooperatives, provides that in order to be eligible for the benefits granted to service members under the provision, a service member must provide the company or electric cooperative with a copy of the orders calling the service member to military service, or copies of orders further extending the service member's period of service, and claim hardship. Provides that in order to establish a hardship, the primary occupant must demonstrate to the company or electric cooperative's satisfaction that as a service member his or her military service has materially and currently affected his or her ability to pay for such services when due and that in the event the service member no longer claims to be the primary occupant of the residential premises or the customer account of record changes, then the company or electric cooperative may enforce all applicable rules, regulations, and tariffs. Sets forth a definition for "primary occupant". Further amends the various Acts in the bill to make changes in the definition of "military service" and to provide that in order for a service member to be eligible for certain benefits or exercise certain rights, the service member must demonstrate that his or her military service has been in excess of 29 consecutive days. Makes a technical change.

Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. In the Illinois Service Member Civil Relief Act, provides that in order to be eligible for the benefits granted to service members under the provision concerning the stoppage of gas or electricity, arrearages, municipalities, and electric companies or cooperatives, a service member must provide the company or electric cooperative with a copy of the orders calling the service member to military service, or copies of orders further extending the service member's period of service, and provide documentation of hardship (rather than claim hardship). Deletes a provision concerning establishing hardship. Further amends the Illinois Municipal Code. Sets forth a definition for "primary occupant" and makes changes to the requirements for a service member to be eligible for the benefits granted under the provision concerning military personnel in military service, prohibited stoppage of gas or electricity, and arrearages. Further amends the Public Utilities Act. Provides that no company or electric cooperative shall for nonpayment stop gas or electricity from entering the residential premises that was the primary residence of a service member immediately before the service member was assigned to military service (rather than 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). Adds a provision permitting a public utility to recover uncollectible costs it incurs when complying with this prohibition. Adds a provision permitting the Illinois Commerce Commission to initiate a rulemaking proceeding to establish certain rules. Further amends the Code of Civil Procedure. Makes changes in the provision concerning actions for foreclosure and deletes a provision concerning motions filed by a mortgagor or any member of the mortgagor's family who resides with the mortgagor. Further amends the Military Personnel Cellular Phone Contract Termination Act. Includes notification requirements with regard to the termination of a cellular phone contract.

Further amends the Public Utilities Act to provide that in order to be eligible for the benefits granted to a service member under the provision concerning military personnel in military service, a service member who receives utility services from a not-for-profit cooperative must provide the cooperative with documentation that his or her military service materially affects his or her ability to pay for the services when payment is due. Makes a technical change.

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