Full Text of SB1099 95th General Assembly
SB1099enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning the military.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Military Leave of Absence Act is amended by | 5 |
| adding Section 1.01 as follows: | 6 |
| (5 ILCS 325/1.01 new) | 7 |
| Sec. 1.01. Violation. A violation of this Act constitutes a | 8 |
| civil rights violation under the Illinois Human Rights Act. | 9 |
| Section 10. The Public Employee Armed Services Rights Act | 10 |
| is amended by adding Section 5.1 as follows: | 11 |
| (5 ILCS 330/5.1 new) | 12 |
| Sec. 5.1. Violation. A violation of this Act constitutes a | 13 |
| civil rights violation under the Illinois Human Rights Act. | 14 |
| Section 15. The Illinois Municipal Code is amended by | 15 |
| changing Section 11-117-12.2 as follows: | 16 |
| (65 ILCS 5/11-117-12.2) | 17 |
| Sec. 11-117-12.2. Military personnel on active duty; no | 18 |
| stoppage of gas or electricity; arrearage. | 19 |
| (a) In this Section: |
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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 |
| "Service member" means a member of the armed services or | 5 |
| reserve forces of the United States or a member of the Illinois | 6 |
| National Guard.
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| (b) No municipality owning a public utility shall stop gas | 8 |
| or electricity from entering the residential premises of which | 9 |
| a service member was a primary occupant immediately before the | 10 |
| service member was deployed on active duty for nonpayment for | 11 |
| gas or electricity supplied to the residential premises. | 12 |
| (c) Upon the return from active duty of a residential | 13 |
| consumer who is a service member, the municipality shall offer | 14 |
| the residential consumer a period equal to at least the period | 15 |
| of the residential consumer's deployment on active duty to pay | 16 |
| any arrearages incurred during the period of the residential | 17 |
| consumer's deployment. The municipality shall inform the | 18 |
| residential consumer that, if the period the municipality | 19 |
| offers presents a hardship to the consumer, the consumer may | 20 |
| request a longer period to pay the arrearages. | 21 |
| (d) In order to be eligible for the benefits granted to | 22 |
| service members under this Section, a service member must | 23 |
| provide the municipality with a copy of the military or | 24 |
| gubernatorial orders calling the service member to active duty | 25 |
| and of any orders further extending the service member's period | 26 |
| of active duty.
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| (e) A violation of this Section constitutes a civil rights | 2 |
| violation under the Illinois Human Rights Act.
In addition to | 3 |
| any other penalty that may be provided by law, a municipality | 4 |
| that wilfully violates this Section is subject to a civil | 5 |
| penalty of $1,000. The Attorney General may impose a civil | 6 |
| penalty under this subsection only after he or she provides the | 7 |
| following to the affected municipality: | 8 |
| (1) Written notice of the alleged violation. | 9 |
| (2) Written notice of the municipality's right to | 10 |
| request an administrative hearing on the question of the | 11 |
| alleged violation. | 12 |
| (3) An opportunity to present evidence, orally or in | 13 |
| writing or both, on the question of the alleged violation | 14 |
| before an impartial hearing examiner appointed by the | 15 |
| Attorney General. | 16 |
| (4) A written decision from the Attorney General, based | 17 |
| on the evidence introduced at the hearing and the hearing | 18 |
| examiner's recommendations, finding that the municipality | 19 |
| violated this Section and imposing the civil penalty. | 20 |
| The Attorney General may bring an action in the circuit | 21 |
| court to enforce the collection of a civil penalty imposed | 22 |
| under this subsection. | 23 |
| All proceeds from the collection of any civil penalty | 24 |
| imposed under this subsection shall be deposited into the | 25 |
| Illinois Military Family Relief Fund.
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| (Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06.) |
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| Section 20. The Illinois Insurance Code is amended by | 2 |
| changing Section 224.05 as follows: | 3 |
| (215 ILCS 5/224.05) | 4 |
| Sec. 224.05. Military personnel on active duty; no lapse of | 5 |
| life insurance policy. | 6 |
| (a) Except as provided in subsection (b), this Section | 7 |
| shall apply to any individual life insurance policy insuring | 8 |
| the life of a member of the armed services or reserve forces of | 9 |
| the United States or a member of the Illinois National Guard | 10 |
| who is on active duty pursuant to an executive order of the | 11 |
| President of the United States, an act of the Congress of the | 12 |
| United States, or an order of the Governor, if the life | 13 |
| insurance policy meets both of the following conditions: | 14 |
| (1) The policy has been in force for at least 180 days. | 15 |
| (2) The policy has been brought within the | 16 |
| "Servicemembers Civil Relief Act," 117 Stat. 2835 (2003), | 17 |
| 50 U.S.C. App. 541 and following. | 18 |
| (b) This Section does not apply to any policy that was | 19 |
| cancelled or that had lapsed for the nonpayment of premiums | 20 |
| prior to the commencement of the insured's period of military | 21 |
| service. | 22 |
| (c) An individual life insurance policy described in this | 23 |
| Section shall not lapse or be forfeited for the nonpayment of | 24 |
| premiums during the military service of a member of the armed |
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| services or reserve forces of the United States or a member of | 2 |
| the Illinois National Guard or during the 2-year period | 3 |
| subsequent to the end of the member's period of military | 4 |
| service. | 5 |
| (d) In order to be eligible for the benefits granted to | 6 |
| service members under this Section, a service member must | 7 |
| provide the life insurance company with a copy of the military | 8 |
| or gubernatorial orders calling the service member to active | 9 |
| duty and of any orders further extending the service member's | 10 |
| period of active duty.
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| (e) This Section does not limit a life insurance company's | 12 |
| enforcement of provisions in the insured's policy relating to | 13 |
| naval or military service in time of war.
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| (f) A violation of this Section constitutes a civil rights | 15 |
| violation under the Illinois Human Rights Act.
In addition to | 16 |
| any other penalty that may be provided by law, an insurance | 17 |
| company that violates this Section is subject to a civil | 18 |
| penalty of $1,000. The Attorney General may impose a civil | 19 |
| penalty under this subsection only after he or she provides the | 20 |
| following to the affected insurance company: | 21 |
| (1) Written notice of the alleged violation. | 22 |
| (2) Written notice of the insurance company's right to | 23 |
| request an administrative hearing on the question of the | 24 |
| alleged violation. | 25 |
| (3) An opportunity to present evidence, orally or in | 26 |
| writing or both, on the question of the alleged violation |
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| before an impartial hearing examiner appointed by the | 2 |
| Attorney General. | 3 |
| (4) A written decision from the Attorney General, based | 4 |
| on the evidence introduced at the hearing and the hearing | 5 |
| examiner's recommendations, finding that the insurance | 6 |
| company violated this Section and imposing the civil | 7 |
| penalty. | 8 |
| The Attorney General may bring an action in the circuit | 9 |
| court to enforce the collection of a civil penalty imposed | 10 |
| under this subsection. | 11 |
| All proceeds from the collection of any civil penalty | 12 |
| imposed under this subsection shall be deposited into the | 13 |
| Illinois Military Family Relief Fund.
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| (Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06.) | 15 |
| Section 25. The Public Utilities Act is amended by changing | 16 |
| Section 8-201.5 as follows: | 17 |
| (220 ILCS 5/8-201.5) | 18 |
| Sec. 8-201.5. 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 |
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| reserve forces of the United States or a member of the Illinois | 2 |
| National Guard.
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| (b) No company or electric cooperative shall stop gas or | 4 |
| electricity from entering the residential premises of which a | 5 |
| service member was a primary occupant immediately before the | 6 |
| service member was deployed on active duty for nonpayment for | 7 |
| gas or electricity supplied to the residential premises. | 8 |
| (c) In order to be eligible for the benefits granted to | 9 |
| service members under this Section, a service member must | 10 |
| provide the company or electric cooperative with a copy of the | 11 |
| military or gubernatorial orders calling the service member to | 12 |
| active duty and of any orders further extending the service | 13 |
| member's period of active duty.
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| (d) Upon the return from active duty of a residential | 15 |
| consumer who is a service member, the company or electric | 16 |
| cooperative shall offer the residential consumer a period equal | 17 |
| to at least the period of deployment on active duty to pay any | 18 |
| arrearages incurred during the period of the residential | 19 |
| consumer's deployment. The company or electric cooperative | 20 |
| shall inform the residential consumer that, if the period that | 21 |
| the company or electric cooperative offers presents a hardship | 22 |
| to the consumer, the consumer may request a longer period to | 23 |
| pay the arrearages and, in the case of a company that is a | 24 |
| public utility, may request the assistance of the Illinois | 25 |
| Commerce Commission to obtain a longer period. No late payment | 26 |
| fees or interest shall be charged to the residential consumer |
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| during the period of deployment or the repayment period.
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| (e) A violation of this Section constitutes a civil rights | 3 |
| violation under the Illinois Human Rights Act.
In addition to | 4 |
| any other penalty that may be provided by law, a company or | 5 |
| electric cooperative that wilfully violates this Section is | 6 |
| subject to a civil penalty of $1,000. The Attorney General may | 7 |
| impose a civil penalty under this subsection only after he or | 8 |
| she provides the following to the affected company or electric | 9 |
| cooperative: | 10 |
| (1) Written notice of the alleged violation. | 11 |
| (2) Written notice of the company or electric | 12 |
| cooperative's right to request an administrative hearing | 13 |
| on the question of the alleged violation. | 14 |
| (3) An opportunity to present evidence, orally or in | 15 |
| writing or both, on the question of the alleged violation | 16 |
| before an impartial hearing examiner appointed by the | 17 |
| Attorney General. | 18 |
| (4) A written decision from the Attorney General, based | 19 |
| on the evidence introduced at the hearing and the hearing | 20 |
| examiner's recommendations, finding that the company or | 21 |
| electric cooperative violated this Section and imposing | 22 |
| the civil penalty. | 23 |
| The Attorney General may bring an action in the circuit | 24 |
| court to enforce the collection of a civil penalty imposed | 25 |
| under this subsection. | 26 |
| All proceeds from the collection of any civil penalty |
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| imposed under this subsection shall be deposited into the | 2 |
| Illinois Military Family Relief Fund.
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| (Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06.) | 4 |
| Section 30. The Code of Civil Procedure is amended by | 5 |
| changing Section 9-107.10 as follows: | 6 |
| (735 ILCS 5/9-107.10) | 7 |
| Sec. 9-107.10. Military personnel on active duty; action | 8 |
| for possession. | 9 |
| (a) In this Section: | 10 |
| "Active duty" means active duty pursuant to an executive | 11 |
| order of the President of the United States, an act of the | 12 |
| Congress of the United States, or an order of the Governor. | 13 |
| "Service member" means a member of the armed services or | 14 |
| reserve forces of the United States or a member of the Illinois | 15 |
| National Guard.
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| (b) In an action for possession of residential premises of | 17 |
| a tenant, including a tenant who is a resident of a mobile home | 18 |
| park, who is a service member deployed on active duty, or of | 19 |
| any member of the tenant's family who resides with the tenant, | 20 |
| if the tenant entered into the rental agreement on or after the | 21 |
| effective date of this amendatory Act of the 94th General | 22 |
| Assembly, the court may, on its own motion, and shall, upon | 23 |
| motion made by or on behalf of the tenant, do either of the | 24 |
| following if the tenant's ability to pay the agreed rent is |
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| materially affected by the tenant's deployment on active duty: | 2 |
| (1) Stay the proceedings for a period of 90 days, | 3 |
| unless, in the opinion of the court, justice and equity | 4 |
| require a longer or shorter period of time. | 5 |
| (2) Adjust the obligation under the rental agreement to | 6 |
| preserve the interest of all parties to it. | 7 |
| (c) In order to be eligible for the benefits granted to | 8 |
| service members under this Section, a service member or a | 9 |
| member of the service member's family who resides with the | 10 |
| service member must provide the landlord or mobile home park | 11 |
| operator with a copy of the military or gubernatorial orders | 12 |
| calling the service member to active duty and of any orders | 13 |
| 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 | 15 |
| grant the landlord or mobile home park operator such relief as | 16 |
| equity may require.
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| (e) A violation of this Section constitutes a civil rights | 18 |
| violation under the Illinois Human Rights Act.
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| (Source: P.A. 94-635, eff. 8-22-05.) | 20 |
| Section 35. The Illinois Human Rights Act is amended by | 21 |
| changing Section 1-103 and adding Section 6-102 as follows: | 22 |
| (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | 23 |
| Sec. 1-103. General Definitions. When used in this Act, | 24 |
| unless the
context requires otherwise, the term:
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| (A) Age. "Age" means the chronological age of a person who | 2 |
| is at least
40 years old, except with regard to any practice | 3 |
| described in Section
2-102, insofar as that practice concerns | 4 |
| training or apprenticeship
programs. In the case of training or | 5 |
| apprenticeship programs, for the
purposes of Section 2-102, | 6 |
| "age" means the chronological age of a person
who is 18 but not | 7 |
| yet 40 years old.
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| (B) Aggrieved Party. "Aggrieved party" means a person who | 9 |
| is alleged
or proved to have been injured by a civil rights | 10 |
| violation or believes he
or she will be injured by a civil | 11 |
| rights violation under Article 3 that is
about to occur.
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| (C) Charge. "Charge" means an allegation filed with the | 13 |
| Department
by an aggrieved party or initiated by the Department | 14 |
| under its
authority.
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| (D) Civil Rights Violation. "Civil rights violation" | 16 |
| includes and
shall be limited to only those specific acts set | 17 |
| forth in Sections
2-102, 2-103, 2-105, 3-102, 3-103, 3-104, | 18 |
| 3-104.1, 3-105, 4-102, 4-103,
5-102, 5A-102 ,
and 6-101 , and | 19 |
| 6-102 of this Act.
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| (E) Commission. "Commission" means the Human Rights | 21 |
| Commission
created by this Act.
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| (F) Complaint. "Complaint" means the formal pleading filed | 23 |
| by
the Department with the Commission following an | 24 |
| investigation and
finding of substantial evidence of a civil | 25 |
| rights violation.
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| (G) Complainant. "Complainant" means a person including |
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| the
Department who files a charge of civil rights violation | 2 |
| with the Department or
the Commission.
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| (H) Department. "Department" means the Department of Human | 4 |
| Rights
created by this Act.
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| (I) Handicap. "Handicap" means a determinable physical or | 6 |
| mental
characteristic of a person, including, but not limited | 7 |
| to, a determinable
physical characteristic which necessitates | 8 |
| the person's use of a guide,
hearing or support dog, the | 9 |
| history of such characteristic, or the
perception of such | 10 |
| characteristic by the person complained against, which
may | 11 |
| result from disease, injury, congenital condition of birth or
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| functional disorder and which characteristic:
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| (1) For purposes of Article 2 is unrelated to the | 14 |
| person's ability
to perform the duties of a particular job | 15 |
| or position and, pursuant to
Section 2-104 of this Act, a | 16 |
| person's illegal use of drugs or alcohol is not a
handicap;
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| (2) For purposes of Article 3, is unrelated to the | 18 |
| person's ability
to acquire, rent or maintain a housing | 19 |
| accommodation;
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| (3) For purposes of Article 4, is unrelated to a | 21 |
| person's ability to
repay;
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| (4) For purposes of Article 5, is unrelated to a | 23 |
| person's ability to
utilize and benefit from a place of | 24 |
| public accommodation.
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| (J) Marital Status. "Marital status" means the legal status | 26 |
| of being
married, single, separated, divorced or widowed.
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| (J-1) Military Status. "Military status" means a person's | 2 |
| status on
active duty in or status as a veteran of the armed | 3 |
| forces of the United States, status as a current member or | 4 |
| veteran of any
reserve component of the armed forces of the | 5 |
| United States, including the United
States Army Reserve, United | 6 |
| States Marine Corps Reserve, United States Navy
Reserve, United | 7 |
| States Air Force Reserve, and United States Coast Guard
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| Reserve, or status as a current member or veteran of the | 9 |
| Illinois Army National Guard or Illinois Air National
Guard.
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| (K) National Origin. "National origin" means the place in | 11 |
| which a
person or one of his or her ancestors was born.
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| (L) Person. "Person" includes one or more individuals, | 13 |
| partnerships,
associations or organizations, labor | 14 |
| organizations, labor unions, joint
apprenticeship committees, | 15 |
| or union labor associations, corporations, the
State of | 16 |
| Illinois and its instrumentalities, political subdivisions, | 17 |
| units
of local government, legal representatives, trustees in | 18 |
| bankruptcy
or receivers.
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| (M) Public Contract. "Public contract" includes every | 20 |
| contract to which the
State, any of its political subdivisions | 21 |
| or any municipal corporation is a
party.
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| (N) Religion. "Religion" includes all aspects of religious | 23 |
| observance
and practice, as well as belief, except that with | 24 |
| respect to employers, for
the purposes of Article 2, "religion" | 25 |
| has the meaning ascribed to it in
paragraph (F) of Section | 26 |
| 2-101.
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| (O) Sex. "Sex" means the status of being male or female.
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| (O-1) Sexual orientation. "Sexual orientation" means | 3 |
| actual or
perceived heterosexuality, homosexuality, | 4 |
| bisexuality, or gender-related identity,
whether or not | 5 |
| traditionally associated with the person's designated sex at
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| birth. "Sexual orientation" does not include a physical or | 7 |
| sexual attraction to a minor by an adult.
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| (P) Unfavorable Military Discharge. "Unfavorable military | 9 |
| discharge"
includes discharges from the Armed Forces of the | 10 |
| United States, their
Reserve components or any National Guard | 11 |
| or Naval Militia which are
classified as RE-3 or the equivalent | 12 |
| thereof, but does not include those
characterized as RE-4 or | 13 |
| "Dishonorable".
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| (Q) Unlawful Discrimination. "Unlawful discrimination" | 15 |
| means discrimination
against a person because of his or her | 16 |
| race, color, religion, national origin,
ancestry, age, sex, | 17 |
| marital status, handicap, military status, sexual
orientation,
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| or unfavorable
discharge from military service as those terms | 19 |
| are defined in this Section.
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| (Source: P.A. 93-941, eff. 8-16-04; 93-1078, eff. 1-1-06; | 21 |
| 94-803, eff. 5-26-06.)
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| (775 ILCS 5/6-102 new) | 23 |
| Sec. 6-102. Violations of other Acts. A person who violates | 24 |
| the Military Leave of Absence Act, the Public Employee Armed | 25 |
| Services Rights Act, Section 11-117-12.2 of the Illinois |
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| Municipal Code, Section 224.05 of the Illinois Insurance Code, | 2 |
| Section 8-201.5 of the Public Utilities Act, Section 9-107.10 | 3 |
| of the Code of Civil Procedure, Section 4.05 of the Interest | 4 |
| Act, the Military Personnel Cellular Phone Contract | 5 |
| Termination Act, or Section 37 of the Motor Vehicle Leasing Act | 6 |
| commits a civil rights violation within the meaning of this | 7 |
| Act. | 8 |
| Section 40. The Interest Act is amended by changing Section | 9 |
| 4.05 as follows: | 10 |
| (815 ILCS 205/4.05) | 11 |
| Sec. 4.05. Military personnel on active duty; limitation on | 12 |
| interest rate. | 13 |
| (a) In this Section: | 14 |
| "Active duty" means active duty pursuant to an executive | 15 |
| order of the President of the United States, an act of the | 16 |
| Congress of the United States, or an order of the Governor. | 17 |
| "Obligation" means any retail installment sales contract, | 18 |
| other contract for the purchase of goods or services, or bond, | 19 |
| bill, note, or other instrument of writing for the payment of | 20 |
| money arising out of a contract or other transaction for the | 21 |
| purchase of goods or services. | 22 |
| "Service member" means a member of the armed services or | 23 |
| reserve forces of the United States or a member of the Illinois | 24 |
| National Guard.
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| (b) Notwithstanding any contrary provision of State law, | 2 |
| but subject to the federal Servicemembers Civil Relief Act, no | 3 |
| creditor in connection with an obligation entered into on or | 4 |
| after the effective date of this amendatory Act of the 94th | 5 |
| General Assembly, but prior to a service member's deployment on | 6 |
| active duty, shall charge or collect from a service member who | 7 |
| is deployed on active duty, or the spouse of that service | 8 |
| member, interest or finance charges exceeding 6% per annum | 9 |
| during the period that the service member is deployed on active | 10 |
| duty. | 11 |
| (c) Notwithstanding any contrary provision of law, | 12 |
| interest or finance charges in excess of 6% per annum that | 13 |
| otherwise would be incurred but for the prohibition in | 14 |
| subsection (b) are forgiven. | 15 |
| (d) The amount of any periodic payment due from a service | 16 |
| member who is deployed on active duty, or the spouse of that | 17 |
| service member, under the terms of the obligation shall be | 18 |
| reduced by the amount of the interest and finance charges | 19 |
| forgiven under subsection (c) that is allocable to the period | 20 |
| for which the periodic payment is made. | 21 |
| (e) In order for an obligation to be subject to the | 22 |
| interest and finance charges limitation of this Section, the | 23 |
| service member deployed on active duty, or the spouse of that | 24 |
| service member, shall provide the creditor with written notice | 25 |
| of and a copy of the military or gubernatorial orders calling | 26 |
| the service member to active duty and of any orders further |
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| extending the service member's period of active duty, not later | 2 |
| than 180 days after the date of the service member's | 3 |
| termination of or release from active duty. | 4 |
| (f) Upon receipt of the written notice and a copy of the | 5 |
| orders referred to in subsection (e), the creditor shall treat | 6 |
| the obligation in accordance with subsection (b), effective as | 7 |
| of the date on which the service member is deployed to active | 8 |
| duty. | 9 |
| (g) A court may grant a creditor relief from the interest | 10 |
| and finance charges limitation of this Section, if, in the | 11 |
| opinion of the court, the ability of the service member | 12 |
| deployed on active duty, or the spouse of that service member, | 13 |
| to pay interest or finance charges with respect to the | 14 |
| obligation at a rate in excess of 6% per annum is not | 15 |
| materially affected by reason of the service member's | 16 |
| deployment on active duty.
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| (h) A violation of this Section constitutes a civil rights | 18 |
| violation under the Illinois Human Rights Act.
In addition to | 19 |
| any other penalty that may be provided by law, a creditor that | 20 |
| violates this Section is subject to a civil penalty of $1,000. | 21 |
| The Attorney General may impose a civil penalty under this | 22 |
| subsection only after he or she provides the following to the | 23 |
| affected creditor: | 24 |
| (1) Written notice of the alleged violation. | 25 |
| (2) Written notice of the creditor's right to request | 26 |
| an administrative hearing on the question of the alleged |
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| violation. | 2 |
| (3) An opportunity to present evidence, orally or in | 3 |
| writing or both, on the question of the alleged violation | 4 |
| before an impartial hearing examiner appointed by the | 5 |
| Attorney General. | 6 |
| (4) A written decision from the Attorney General, based | 7 |
| on the evidence introduced at the hearing and the hearing | 8 |
| examiner's recommendations, finding that the creditor | 9 |
| violated this Section and imposing the civil penalty. | 10 |
| The Attorney General may bring an action in the circuit | 11 |
| court to enforce the collection of a civil penalty imposed | 12 |
| under this subsection.
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| All proceeds from the collection of any civil penalty | 14 |
| imposed under this subsection shall be deposited into the | 15 |
| Illinois Military Family Relief Fund.
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| (Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06.) | 17 |
| Section 45. The Military Personnel Cellular Phone Contract | 18 |
| Termination Act is amended by adding Section 22 as follows: | 19 |
| (815 ILCS 633/22 new) | 20 |
| Sec. 22. Violation. A violation of this Act constitutes a | 21 |
| civil rights violation under the Illinois Human Rights Act. | 22 |
| (815 ILCS 633/20 rep.) | 23 |
| Section 50. The Military Personnel Cellular Phone Contract |
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LRB095 06040 DRJ 26132 b |
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| Termination Act is amended by repealing Section 20. | 2 |
| Section 55. The Motor Vehicle Leasing Act is amended by | 3 |
| changing Section 37 as follows: | 4 |
| (815 ILCS 636/37) | 5 |
| Sec. 37. Military personnel on active duty; termination of | 6 |
| lease. | 7 |
| (a) 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 |
| "Motor vehicle" means any automobile, car minivan, | 12 |
| passenger van, sport utility vehicle, pickup truck, or other | 13 |
| self-propelled vehicle not operated or driven on fixed rails or | 14 |
| track. | 15 |
| "Service member" means a member of the armed services or | 16 |
| reserve forces of the United States or a member of the Illinois | 17 |
| National Guard.
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| (b) Any service member who is deployed on active duty for a | 19 |
| period of not less than 180 days, or the spouse of that service | 20 |
| member, may terminate any motor vehicle lease that meets both | 21 |
| of the following requirements: | 22 |
| (1) The lease is entered into on or after the effective | 23 |
| date of this amendatory Act of the 94th General Assembly. | 24 |
| (2) The lease is executed by or on behalf of the |
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LRB095 06040 DRJ 26132 b |
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| service member who is deployed on active duty. | 2 |
| (c) Termination of the motor vehicle lease shall not be | 3 |
| effective until: | 4 |
| (1) the service member who is deployed on active duty, | 5 |
| or the service member's spouse, gives the lessor by | 6 |
| certified mail, return receipt requested, a notice of the | 7 |
| intention to terminate the lease together with a copy of | 8 |
| the military or gubernatorial orders calling the service | 9 |
| member to active duty and of any orders further extending | 10 |
| the service member's period of active duty; and | 11 |
| (2) the motor vehicle subject to the lease is returned | 12 |
| to the custody or control of the lessor not later than 15 | 13 |
| days after the delivery of the written notice. | 14 |
| (d) Lease amounts unpaid for the period preceding the | 15 |
| effective date of the lease's termination shall be paid on a | 16 |
| prorated basis. The lessor may not impose an early termination | 17 |
| charge, but any taxes, costs of summons, and title or | 18 |
| registration fees and any other obligation and liability of the | 19 |
| lessee under the terms of the lease, including reasonable | 20 |
| charges to the lessee for excess wear, use, and mileage, that | 21 |
| are due and unpaid at the time of the lease's termination shall | 22 |
| be paid by the lessee. | 23 |
| (e) The lessor shall refund to the lessee lease amounts | 24 |
| paid in advance for a period after the effective date of the | 25 |
| lease's termination within 30 days after the effective date of | 26 |
| the lease's termination. |
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| (f) Upon application by the lessor to a court before the | 2 |
| effective date of the lease's termination, relief granted by | 3 |
| this Section may be modified as justice and equity require.
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| (g) A violation of this Section constitutes a civil rights | 5 |
| violation under the Illinois Human Rights Act.
In addition to | 6 |
| any other penalty that may be provided by law, a lessor that | 7 |
| violates this Section is subject to a civil penalty of $1,000. | 8 |
| The Attorney General may impose a civil penalty under this | 9 |
| subsection only after he or she provides the following to the | 10 |
| affected lessor: | 11 |
| (1) Written notice of the alleged violation. | 12 |
| (2) Written notice of the lessor's right to request an | 13 |
| administrative hearing on the question of the alleged | 14 |
| violation. | 15 |
| (3) An opportunity to present evidence, orally or in | 16 |
| writing or both, on the question of the alleged violation | 17 |
| before an impartial hearing examiner appointed by the | 18 |
| Attorney General. | 19 |
| (4) A written decision from the Attorney General, based | 20 |
| on the evidence introduced at the hearing and the hearing | 21 |
| examiner's recommendations, finding that the lessor | 22 |
| violated this Section and imposing the civil penalty. | 23 |
| The Attorney General may bring an action in the circuit | 24 |
| court to enforce the collection of a civil penalty imposed | 25 |
| under this subsection. | 26 |
| All proceeds from the collection of any civil penalty |
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| imposed under this subsection shall be deposited into the | 2 |
| Illinois Military Family Relief Fund.
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| (Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06.)
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| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.
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