Full Text of SB2060 94th General Assembly
SB2060enr 94TH GENERAL ASSEMBLY
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SB2060 Enrolled |
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| AN ACT concerning military personnel, which may be referred | 2 |
| to as the Illinois Patriot Plan.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 6 |
| Military Personnel Cellular Phone Contract Termination Act. | 7 |
| Section 5. Definition. In this Act: | 8 |
| "Active duty" means active duty pursuant to an executive | 9 |
| order of the President of the United States, an act of the | 10 |
| Congress of the United States, or an order of the Governor. | 11 |
| "Service member" means a member of the armed services or | 12 |
| reserve forces of the United States or a member of the Illinois | 13 |
| National Guard. | 14 |
| Section 10. Termination of cellular phone contract without | 15 |
| penalty. Any service member who is deployed on active duty, or | 16 |
| the spouse of that service member, may terminate, without | 17 |
| penalty, a cellular phone contract that meets both of the | 18 |
| following requirements:
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| (1) The contract is entered into on or after the | 20 |
| effective date of this Act.
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| (2) The contract is executed by or on behalf of the | 22 |
| service member who is deployed on active duty.
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| Section 15. Effective date of termination. Termination of | 24 |
| the cellular phone contract shall not be effective until:
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| (1) thirty days after the service member who is | 26 |
| deployed on active duty or the service member's spouse | 27 |
| gives notice by certified mail, return receipt requested, | 28 |
| of the intention to terminate the cellular phone contract | 29 |
| together with a copy of the military or gubernatorial | 30 |
| orders calling the service member to active duty and of any |
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| orders further extending the service member's period of | 2 |
| active duty; and
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| (2) unless the service member who is deployed on active | 4 |
| duty owns the cellular phone, the cellular phone is | 5 |
| returned to the custody or control of the cellular | 6 |
| telephone company, or the service member who is deployed on | 7 |
| active duty or the service member's spouse agrees in | 8 |
| writing to return the cellular phone as soon as practical | 9 |
| after the deployment is completed.
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| Section 900. The Department of Central Management Services | 11 |
| Law of the
Civil Administrative Code of Illinois is amended by | 12 |
| adding Section 405-272 as follows: | 13 |
| (20 ILCS 405/405-272 new) | 14 |
| Sec. 405-272. Bulk long distance telephone services for | 15 |
| military personnel on active duty. | 16 |
| (a) In this Section: | 17 |
| "Active duty" means active duty pursuant to an executive | 18 |
| order of the President of the United States, an act of the | 19 |
| Congress of the United States, or an order of the Governor. | 20 |
| "Immediate family" means a service member's spouse | 21 |
| residing in the service member's household, brothers and | 22 |
| sisters of the whole or of the half blood, children, including | 23 |
| adopted children and stepchildren, parents, and grandparents. | 24 |
| "Service member" means a member of the armed services or | 25 |
| reserve forces of the United States or a member of the Illinois | 26 |
| National Guard.
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| (b) The Department may enter into a contract to purchase | 28 |
| bulk long distance telephone services and make them available | 29 |
| at cost, or may make bulk long distance telephone services | 30 |
| available at cost under any existing contract the Department | 31 |
| has entered into, to persons in the immediate family of service | 32 |
| members deployed on active duty so that those persons in the | 33 |
| service members' families can communicate with the service | 34 |
| members so deployed. If the Department enters into a contract |
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| under this Section, it shall do so in accordance with the | 2 |
| Illinois Procurement Code and in a nondiscriminatory manner | 3 |
| that does not place any potential vendor at a competitive | 4 |
| disadvantage. | 5 |
| (c) In order to be eligible to use bulk long distance | 6 |
| telephone services purchased by the Department under this | 7 |
| Section, a service member or person in the service member's | 8 |
| immediate family must provide the Department with a copy of the | 9 |
| military or gubernatorial orders calling the service member to | 10 |
| active duty and of any orders further extending the service | 11 |
| member's period of active duty.
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| (d) If the Department enters into a contract under this | 13 |
| Section, the Department shall adopt rules as necessary to | 14 |
| implement this Section. | 15 |
| Section 902. The Illinois Municipal Code is amended by | 16 |
| adding Section 11-117-12.2 as follows: | 17 |
| (65 ILCS 5/11-117-12.2 new) | 18 |
| Sec. 11-117-12.2. Military personnel on active duty; no | 19 |
| stoppage of gas or electricity; arrearage. | 20 |
| (a) In this Section: | 21 |
| "Active duty" means active duty pursuant to an executive | 22 |
| order of the President of the United States, an act of the | 23 |
| Congress of the United States, or an order of the Governor. | 24 |
| "Service member" means a member of the armed services or | 25 |
| reserve forces of the United States or a member of the Illinois | 26 |
| National Guard.
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| (b) No municipality owning a public utility shall stop gas | 28 |
| or electricity from entering the residential premises of which | 29 |
| a service member was a primary occupant immediately before the | 30 |
| service member was deployed on active duty for nonpayment for | 31 |
| gas or electricity supplied to the residential premises. | 32 |
| (c) Upon the return from active duty of a residential | 33 |
| consumer who is a service member, the municipality shall offer | 34 |
| the residential consumer a period equal to at least the period |
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| of the residential consumer's deployment on active duty to pay | 2 |
| any arrearages incurred during the period of the residential | 3 |
| consumer's deployment. The municipality shall inform the | 4 |
| residential consumer that, if the period the municipality | 5 |
| offers presents a hardship to the consumer, the consumer may | 6 |
| request a longer period to pay the arrearages. | 7 |
| (d) In order to be eligible for the benefits granted to | 8 |
| service members under this Section, a service member must | 9 |
| provide the municipality with a copy of the military or | 10 |
| gubernatorial orders calling the service member to active duty | 11 |
| and of any orders further extending the service member's period | 12 |
| of active duty.
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| Section 905. The Illinois Insurance Code is amended by | 14 |
| adding Section 224.05 as follows: | 15 |
| (215 ILCS 5/224.05 new) | 16 |
| Sec. 224.05. Military personnel on active duty; no lapse of | 17 |
| life insurance policy. | 18 |
| (a) Except as provided in subsection (b), this Section | 19 |
| shall apply to any individual life insurance policy insuring | 20 |
| the life of a member of the armed services or reserve forces of | 21 |
| the United States or a member of the Illinois National Guard | 22 |
| who is on active duty pursuant to an executive order of the | 23 |
| President of the United States, an act of the Congress of the | 24 |
| United States, or an order of the Governor, if the life | 25 |
| insurance policy meets both of the following conditions: | 26 |
| (1) The policy has been in force for at least 180 days. | 27 |
| (2) The policy has been brought within the | 28 |
| "Servicemembers Civil Relief Act," 117 Stat. 2835 (2003), | 29 |
| 50 U.S.C. App. 541 and following. | 30 |
| (b) This Section does not apply to any policy that was | 31 |
| cancelled or that had lapsed for the nonpayment of premiums | 32 |
| prior to the commencement of the insured's period of military | 33 |
| service. | 34 |
| (c) An individual life insurance policy described in this |
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| Section shall not lapse or be forfeited for the nonpayment of | 2 |
| premiums during the military service of a member of the armed | 3 |
| services or reserve forces of the United States or a member of | 4 |
| the Illinois National Guard or during the 2-year period | 5 |
| subsequent to the end of the member's period of military | 6 |
| service. | 7 |
| (d) In order to be eligible for the benefits granted to | 8 |
| service members under this Section, a service member must | 9 |
| provide the life insurance company with a copy of the military | 10 |
| or gubernatorial orders calling the service member to active | 11 |
| duty and of any orders further extending the service member's | 12 |
| period of active duty.
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| (e) This Section does not limit a life insurance company's | 14 |
| enforcement of provisions in the insured's policy relating to | 15 |
| naval or military service in time of war. | 16 |
| Section 910. The Public Utilities Act is amended by adding | 17 |
| Section 8-201.5 as follows: | 18 |
| (220 ILCS 5/8-201.5 new) | 19 |
| Sec. 8-201.5. Military personnel on active duty; no | 20 |
| stoppage of gas or electricity; arrearage. | 21 |
| (a) In this Section: | 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 |
| "Service member" means a member of the armed services or | 26 |
| reserve forces of the United States or a member of the Illinois | 27 |
| National Guard.
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| (b) No company or electric cooperative shall stop gas or | 29 |
| electricity from entering the residential premises of which a | 30 |
| service member was a primary occupant immediately before the | 31 |
| service member was deployed on active duty for nonpayment for | 32 |
| gas or electricity supplied to the residential premises. | 33 |
| (c) In order to be eligible for the benefits granted to | 34 |
| service members under this Section, a service member must |
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| provide the company or electric cooperative with a copy of the | 2 |
| military or gubernatorial orders calling the service member to | 3 |
| active duty and of any orders further extending the service | 4 |
| member's period of active duty.
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| (d) Upon the return from active duty of a residential | 6 |
| consumer who is a service member, the company or electric | 7 |
| cooperative shall offer the residential consumer a period equal | 8 |
| to at least the period of deployment on active duty to pay any | 9 |
| arrearages incurred during the period of the residential | 10 |
| consumer's deployment. The company or electric cooperative | 11 |
| shall inform the residential consumer that, if the period that | 12 |
| the company or electric cooperative offers presents a hardship | 13 |
| to the consumer, the consumer may request a longer period to | 14 |
| pay the arrearages and, in the case of a company that is a | 15 |
| public utility, may request the assistance of the Illinois | 16 |
| Commerce Commission to obtain a longer period. No late payment | 17 |
| fees or interest shall be charged to the residential consumer | 18 |
| during the period of deployment or the repayment period. | 19 |
| Section 915. The Code of Civil Procedure is amended by | 20 |
| adding Section 9-107.10 as follows: | 21 |
| (735 ILCS 5/9-107.10 new) | 22 |
| Sec. 9-107.10. Military personnel on active duty; action | 23 |
| for possession. | 24 |
| (a) In this Section: | 25 |
| "Active duty" means active duty pursuant to an executive | 26 |
| order of the President of the United States, an act of the | 27 |
| Congress of the United States, or an order of the Governor. | 28 |
| "Service member" means a member of the armed services or | 29 |
| reserve forces of the United States or a member of the Illinois | 30 |
| National Guard.
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| (b) In an action for possession of residential premises of | 32 |
| a tenant, including a tenant who is a resident of a mobile home | 33 |
| park, who is a service member deployed on active duty, or of | 34 |
| any member of the tenant's family who resides with the tenant, |
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| if the tenant entered into the rental agreement on or after the | 2 |
| effective date of this amendatory Act of the 94th General | 3 |
| Assembly, the court may, on its own motion, and shall, upon | 4 |
| motion made by or on behalf of the tenant, do either of the | 5 |
| following if the tenant's ability to pay the agreed rent is | 6 |
| materially affected by the tenant's deployment on active duty: | 7 |
| (1) Stay the proceedings for a period of 90 days, | 8 |
| unless, in the opinion of the court, justice and equity | 9 |
| require a longer or shorter period of time. | 10 |
| (2) Adjust the obligation under the rental agreement to | 11 |
| preserve the interest of all parties to it. | 12 |
| (c) In order to be eligible for the benefits granted to | 13 |
| service members under this Section, a service member or a | 14 |
| member of the service member's family who resides with the | 15 |
| service member must provide the landlord or mobile home park | 16 |
| operator with a copy of the military or gubernatorial orders | 17 |
| calling the service member to active duty and of any orders | 18 |
| further extending the service member's period of active duty.
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| (d) If a stay is granted under this Section, the court may | 20 |
| grant the landlord or mobile home park operator such relief as | 21 |
| equity may require. | 22 |
| Section 920. The Interest Act is amended by changing | 23 |
| Section 4 and by adding Section 4.05 as follows:
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| (815 ILCS 205/4) (from Ch. 17, par. 6404)
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| Sec. 4. General interest rate.
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| (1) Except as otherwise provided in this Section 4.05, in
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| In all written contracts it shall be lawful for the parties to
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| stipulate or agree that 9% per annum, or any less sum of | 29 |
| interest, shall be
taken and paid upon every $100 of money | 30 |
| loaned or in any manner due and
owing from any person to any | 31 |
| other person or corporation in this state, and
after that rate | 32 |
| for a greater or less sum, or for a longer or shorter time,
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| except as herein provided.
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| The maximum rate of interest that may lawfully be |
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| contracted for is
determined by the law applicable thereto at | 2 |
| the time the contract is
made. Any provision in any contract, | 3 |
| whether made before or after July
1, 1969, which provides for | 4 |
| or purports to authorize, contingent upon a
change in the | 5 |
| Illinois law after the contract is made, any rate of
interest | 6 |
| greater than the maximum lawful rate at the time the contract
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| is made, is void.
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| It is lawful for a state bank or a branch of an | 9 |
| out-of-state bank, as those
terms are defined in Section 2 of | 10 |
| the Illinois Banking Act, to receive or to
contract to receive
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| and collect interest and charges at any rate or rates agreed | 12 |
| upon by
the bank or branch and the borrower.
It is lawful for a | 13 |
| savings bank chartered under the Savings Bank Act or a
savings | 14 |
| association chartered under the Illinois Savings and Loan Act | 15 |
| of 1985
to receive or contract to receive and collect interest | 16 |
| and charges at any rate
agreed upon by the savings bank or | 17 |
| savings association and the borrower.
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| It is lawful to receive or to contract to receive and | 19 |
| collect
interest and charges as authorized by this Act and as | 20 |
| authorized by the
Consumer Installment Loan Act and by the | 21 |
| "Consumer Finance Act", approved July
10,
1935, as now or | 22 |
| hereafter amended. It is lawful to charge, contract
for, and | 23 |
| receive any rate or amount of interest or compensation with
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| respect to the following transactions:
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| (a) Any loan made to a corporation;
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| (b) Advances of money, repayable on demand, to an | 27 |
| amount not less
than $5,000, which are made upon warehouse | 28 |
| receipts, bills of lading,
certificates of stock, | 29 |
| certificates of deposit, bills of exchange, bonds
or other | 30 |
| negotiable instruments pledged as collateral security for | 31 |
| such
repayment, if evidenced by a writing;
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| (c) Any credit transaction between a merchandise | 33 |
| wholesaler and
retailer; any business loan to a business | 34 |
| association or copartnership
or to a person owning and | 35 |
| operating a business as sole proprietor or to
any persons | 36 |
| owning and operating a business as joint venturers, joint
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| tenants or tenants in common, or to any limited | 2 |
| partnership, or to any
trustee owning and operating a | 3 |
| business or whose beneficiaries own and
operate a business, | 4 |
| except that any loan which is secured (1) by an
assignment | 5 |
| of an individual obligor's salary, wages, commissions or
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| other compensation for services, or (2) by his household | 7 |
| furniture or
other goods used for his personal, family or | 8 |
| household purposes shall be
deemed not to be a loan within | 9 |
| the meaning of this subsection; and
provided further that a | 10 |
| loan which otherwise qualifies as a business
loan within | 11 |
| the meaning of this subsection shall not be deemed as not | 12 |
| so
qualifying because of the inclusion, with other security | 13 |
| consisting of
business assets of any such obligor, of real | 14 |
| estate occupied by an
individual obligor solely as his | 15 |
| residence. The term "business" shall
be deemed to mean a | 16 |
| commercial, agricultural or industrial enterprise
which is | 17 |
| carried on for the purpose of investment or profit, but | 18 |
| shall
not be deemed to mean the ownership or maintenance of | 19 |
| real estate
occupied by an individual obligor solely as his | 20 |
| residence;
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| (d) Any loan made in accordance with the provisions of | 22 |
| Subchapter I
of Chapter 13 of Title 12 of the United States | 23 |
| Code, which is designated
as "Housing Renovation and | 24 |
| Modernization";
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| (e) Any mortgage loan insured or upon which a | 26 |
| commitment to insure
has been issued under the provisions | 27 |
| of the National Housing Act,
Chapter 13 of Title 12 of the | 28 |
| United States Code;
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| (f) Any mortgage loan guaranteed or upon which a | 30 |
| commitment to
guaranty has been issued under the provisions | 31 |
| of the Veterans' Benefits
Act, Subchapter II of Chapter 37 | 32 |
| of Title 38 of the United States Code;
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| (g) Interest charged by a broker or dealer registered | 34 |
| under the
Securities Exchange Act of 1934, as amended, or | 35 |
| registered under the
Illinois Securities Law of 1953, | 36 |
| approved July 13, 1953, as now or
hereafter amended, on a |
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| debit balance in an account for a customer if
such debit | 2 |
| balance is payable at will without penalty and is secured | 3 |
| by
securities as defined in Uniform Commercial | 4 |
| Code-Investment Securities;
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| (h) Any loan made by a participating bank as part of | 6 |
| any loan
guarantee program which provides for loans and for | 7 |
| the refinancing of
such loans to medical students, interns | 8 |
| and residents and which are
guaranteed by the American | 9 |
| Medical Association Education and Research
Foundation;
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| (i) Any loan made, guaranteed, or insured in accordance | 11 |
| with the
provisions of the Housing Act of 1949, Subchapter | 12 |
| III of Chapter 8A of
Title 42 of the United States Code and | 13 |
| the Consolidated Farm and Rural
Development Act, | 14 |
| Subchapters I, II, and III of Chapter 50 of Title 7 of
the | 15 |
| United States Code;
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| (j) Any loan by an employee pension benefit plan, as | 17 |
| defined in Section
3 (2) of the Employee Retirement Income | 18 |
| Security Act of 1974 (29 U.S.C.A.
Sec. 1002), to an | 19 |
| individual participating in such plan, provided that such
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| loan satisfies the prohibited transaction exemption | 21 |
| requirements of Section
408 (b) (1) (29 U.S.C.A. Sec. 1108 | 22 |
| (b) (1)) or Section 2003 (a) (26 U.S.C.A.
Sec. 4975 (d) | 23 |
| (1)) of the Employee Retirement Income Security Act of | 24 |
| 1974;
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| (k) Written contracts, agreements or bonds for deed | 26 |
| providing for
installment purchase of real estate;
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| (1) Loans secured by a mortgage on real estate;
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| (m) Loans made by a sole proprietorship, partnership, | 29 |
| or corporation to
an employee or to a person who has been | 30 |
| offered employment by such sole
proprietorship, | 31 |
| partnership, or corporation made for the sole purpose of
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| transferring an employee or person who has been offered | 33 |
| employment to another
office maintained and operated by the | 34 |
| same sole proprietorship, partnership,
or corporation;
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| (n) Loans to or for the benefit of students made by an | 36 |
| institution of
higher education.
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| (2) Except for loans described in subparagraph (a), (c), | 2 |
| (d),
(e), (f) or (i) of subsection (1) of this Section, and | 3 |
| except to the
extent permitted by the applicable statute for | 4 |
| loans made pursuant to
Section 4a or pursuant to the Consumer | 5 |
| Installment Loan Act:
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| (a) Whenever the rate of interest exceeds 8% per annum | 7 |
| on any
written contract, agreement or bond for deed | 8 |
| providing for the installment
purchase of residential real | 9 |
| estate, or on any loan secured by a mortgage
on residential | 10 |
| real estate, it shall be unlawful to provide for a
| 11 |
| prepayment penalty or other charge for prepayment.
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| (b) No agreement, note or other instrument evidencing a | 13 |
| loan
secured by a mortgage on residential real estate, or | 14 |
| written contract,
agreement or bond for deed providing for | 15 |
| the installment purchase of
residential real estate, may | 16 |
| provide for any change in the contract rate of
interest | 17 |
| during the term thereof. However, if the Congress of the | 18 |
| United
States or any federal agency authorizes any class of | 19 |
| lender to enter, within
limitations, into mortgage | 20 |
| contracts or written contracts, agreements or
bonds for | 21 |
| deed in which the rate of interest may be changed during | 22 |
| the
term of the contract, any person, firm, corporation or | 23 |
| other entity
not otherwise prohibited from entering into | 24 |
| mortgage contracts or
written contracts, agreements or | 25 |
| bonds for deed in Illinois may enter
into mortgage | 26 |
| contracts or written contracts, agreements or bonds
for | 27 |
| deed in which the rate of interest may be changed during | 28 |
| the term
of the contract, within the same limitations.
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| (3) In any contract or loan which is secured by a mortgage, | 30 |
| deed of
trust, or conveyance in the nature of a mortgage, on | 31 |
| residential real
estate, the interest which is computed, | 32 |
| calculated, charged, or collected
pursuant to such contract or | 33 |
| loan, or pursuant to any regulation or rule
promulgated | 34 |
| pursuant to this Act, may not be computed, calculated, charged
| 35 |
| or collected for any period of time occurring after the date on | 36 |
| which the
total indebtedness, with the exception of late |
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| payment penalties, is paid
in full.
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| For purposes of this Section, a prepayment shall mean the | 3 |
| payment of the
total indebtedness, with the exception of late | 4 |
| payment penalties if
incurred or charged, on any date before | 5 |
| the date specified in the contract
or loan agreement on which | 6 |
| the total indebtedness shall be paid in full, or
before the | 7 |
| date on which all payments, if timely made, shall have been
| 8 |
| made. In the event of a prepayment of the indebtedness which is | 9 |
| made on a
date after the date on which interest on the | 10 |
| indebtedness was last
computed, calculated, charged, or | 11 |
| collected but before the next date on
which interest on the | 12 |
| indebtedness was to be calculated, computed, charged,
or | 13 |
| collected, the lender may calculate, charge and collect | 14 |
| interest on the
indebtedness for the period which elapsed | 15 |
| between the date on which the
prepayment is made and the date | 16 |
| on which interest on the indebtedness was
last computed, | 17 |
| calculated, charged or collected at a rate equal to 1/360 of
| 18 |
| the annual rate for each day which so elapsed, which rate shall | 19 |
| be applied
to the indebtedness outstanding as of the date of | 20 |
| prepayment. The lender
shall refund to the borrower any | 21 |
| interest charged or collected which
exceeds that which the | 22 |
| lender may charge or collect pursuant to the
preceding | 23 |
| sentence. The provisions of this amendatory Act of 1985 shall
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| apply only to contracts or loans entered into on or after the | 25 |
| effective
date of this amendatory Act, but shall not apply to | 26 |
| contracts or loans
entered into on or after that date that are | 27 |
| subject to Section 4a of this
Act, the Consumer Installment | 28 |
| Loan Act, or the Retail Installment Sales
Act, or that provide | 29 |
| for the refund of precomputed interest on prepayment
in the | 30 |
| manner provided by such Act.
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| (Source: P.A. 92-483, eff. 8-23-01.)
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| (815 ILCS 205/4.05 new) | 33 |
| Sec. 4.05. Military personnel on active duty; limitation on | 34 |
| interest rate. | 35 |
| (a) In this Section: |
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SB2060 Enrolled |
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LRB094 10968 DRJ 42097 b |
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| "Active duty" means active duty pursuant to an executive | 2 |
| order of the President of the United States, an act of the | 3 |
| Congress of the United States, or an order of the Governor. | 4 |
| "Obligation" means any retail installment sales contract, | 5 |
| other contract for the purchase of goods or services, or bond, | 6 |
| bill, note, or other instrument of writing for the payment of | 7 |
| money arising out of a contract or other transaction for the | 8 |
| purchase of goods or services. | 9 |
| "Service member" means a member of the armed services or | 10 |
| reserve forces of the United States or a member of the Illinois | 11 |
| National Guard.
| 12 |
| (b) Notwithstanding any contrary provision of State law, | 13 |
| but subject to the federal Servicemembers Civil Relief Act, no | 14 |
| creditor in connection with an obligation entered into on or | 15 |
| after the effective date of this amendatory Act of the 94th | 16 |
| General Assembly, but prior to a service member's deployment on | 17 |
| active duty, shall charge or collect from a service member who | 18 |
| is deployed on active duty, or the spouse of that service | 19 |
| member, interest or finance charges exceeding 6% per annum | 20 |
| during the period that the service member is deployed on active | 21 |
| duty. | 22 |
| (c) Notwithstanding any contrary provision of law, | 23 |
| interest or finance charges in excess of 6% per annum that | 24 |
| otherwise would be incurred but for the prohibition in | 25 |
| subsection (b) are forgiven. | 26 |
| (d) The amount of any periodic payment due from a service | 27 |
| member who is deployed on active duty, or the spouse of that | 28 |
| service member, under the terms of the obligation shall be | 29 |
| reduced by the amount of the interest and finance charges | 30 |
| forgiven under subsection (c) that is allocable to the period | 31 |
| for which the periodic payment is made. | 32 |
| (e) In order for an obligation to be subject to the | 33 |
| interest and finance charges limitation of this Section, the | 34 |
| service member deployed on active duty, or the spouse of that | 35 |
| service member, shall provide the creditor with written notice | 36 |
| of and a copy of the military or gubernatorial orders calling |
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| the service member to active duty and of any orders further | 2 |
| extending the service member's period of active duty, not later | 3 |
| than 180 days after the date of the service member's | 4 |
| termination of or release from active duty. | 5 |
| (f) Upon receipt of the written notice and a copy of the | 6 |
| orders referred to in subsection (e), the creditor shall treat | 7 |
| the obligation in accordance with subsection (b), effective as | 8 |
| of the date on which the service member is deployed to active | 9 |
| duty. | 10 |
| (g) A court may grant a creditor relief from the interest | 11 |
| and finance charges limitation of this Section, if, in the | 12 |
| opinion of the court, the ability of the service member | 13 |
| deployed on active duty, or the spouse of that service member, | 14 |
| to pay interest or finance charges with respect to the | 15 |
| obligation at a rate in excess of 6% per annum is not | 16 |
| materially affected by reason of the service member's | 17 |
| deployment on active duty. | 18 |
| Section 925. The Motor Vehicle Leasing Act is amended by | 19 |
| adding Section 37 as follows: | 20 |
| (815 ILCS 636/37 new) | 21 |
| Sec. 37. Military personnel on active duty; termination of | 22 |
| lease. | 23 |
| (a) In this Act: | 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 |
| "Motor vehicle" means any automobile, car minivan, | 28 |
| passenger van, sport utility vehicle, pickup truck, or other | 29 |
| self-propelled vehicle not operated or driven on fixed rails or | 30 |
| track. | 31 |
| "Service member" means a member of the armed services or | 32 |
| reserve forces of the United States or a member of the Illinois | 33 |
| National Guard.
| 34 |
| (b) Any service member who is deployed on active duty for a |
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| 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 | 35 |
| this Section may be modified as justice and equity require.
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| Section 999. Effective date. This Act takes effect upon | 2 |
| becoming law. |
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