Full Text of HB4464 97th General Assembly
HB4464eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Illinois Service Member Civil Relief Act. | 6 | | Section 5. Legislative intent. Nothing in this Act is | 7 | | intended to impair any existing right or benefit available to | 8 | | any service member.
| 9 | | Section 10. Definitions. In this Act: | 10 | | "Military service" means any full-time training or duty, no | 11 | | matter how described under federal or State law, for which a | 12 | | service member is ordered to report by the President, Governor | 13 | | of a state, commonwealth, or territory of the United States, or | 14 | | other appropriate military authority. | 15 | | "Service member" means a resident of Illinois who is a | 16 | | member of any component of the U.S. Armed Forces or the | 17 | | National Guard of any state, the District of Columbia, a | 18 | | commonwealth, or a territory of the United States. | 19 | | "Training or duty under Title 32 of the United States Code" | 20 | | has the same meaning ascribed to that term in Section 30.10 of | 21 | | the Military Code of Illinois. | 22 | | "State Active Duty" has the same meaning ascribed to that |
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| 1 | | term in Section 30.10 of the Military Code of Illinois. | 2 | | "Primary occupant" means the current residential customer | 3 | | of record, in whose name the utility company or electric | 4 | | cooperative account is registered. | 5 | | Section 15. Cellular phone contract. Termination of a | 6 | | cellular phone contract involving a service member who enters | 7 | | military service shall be subject to the provisions of the | 8 | | Military Personnel Cellular Phone Contract Termination Act. | 9 | | Section 20. Bulk long distance telephone services. Bulk | 10 | | long distance telephone services purchased by the Department of | 11 | | Central Management Services and made available to persons in | 12 | | the immediate family of service members who have entered | 13 | | military service so that those persons in the service members' | 14 | | families can communicate with the service members shall be | 15 | | subject to Section 405-272 of the Department of Central | 16 | | Management Services Law of the Civil Administrative Code of | 17 | | Illinois. | 18 | | Section 25. Stoppage of gas or electricity; arrearage; | 19 | | municipality; electric company or cooperative. | 20 | | (a) The stoppage of gas or electricity from entering the | 21 | | residential premises of which a service member was a primary | 22 | | occupant immediately before the service member entered | 23 | | military service for nonpayment of service shall be subject to |
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| 1 | | Section 11-117-12.2 of the Illinois Municipal Code when the | 2 | | entity providing the gas or electrical service is a | 3 | | municipality owning a public utility, or shall be subject to | 4 | | Section 8-201.5 of the Public Utilities Act when the entity | 5 | | providing the gas or electrical service is a company or | 6 | | electric cooperative. | 7 | | (b) Payment periods offered to a residential consumer who | 8 | | is a service member upon his or her return from military | 9 | | service to pay off any arrearages incurred during the period of | 10 | | the residential consumer's service period shall be subject to | 11 | | Section 11-117-12.2 of the Illinois Municipal Code when the | 12 | | entity offering the payment period is a municipality owning a | 13 | | public utility, or shall be subject to Section 8-201.5 of the | 14 | | Public Utilities Act when the entity offering the payment | 15 | | period is a company or electric cooperative. | 16 | | (c) In order to be eligible for the benefits granted to | 17 | | service members under this Section, a service member must | 18 | | provide the company or electric cooperative with a copy of the | 19 | | orders calling the service member to military service, or | 20 | | copies of orders further extending the service member's period | 21 | | of service, and claim hardship. In order to establish a | 22 | | hardship, the primary occupant must demonstrate to the company | 23 | | or electric cooperative's satisfaction that as a service member | 24 | | his or her military service has materially and currently | 25 | | affected his or her ability to pay for such services when due. | 26 | | Further, in the event the service member no longer claims to be |
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| 1 | | the primary occupant of the residential premises or the | 2 | | customer account of record changes, then the company or | 3 | | electric cooperative may enforce all applicable rules, | 4 | | regulations, and tariffs. | 5 | | Section 30. Life insurance policy. The lapse or forfeiture | 6 | | of an individual life insurance policy insuring the life of a | 7 | | service member who enters military service shall be subject to | 8 | | Section 224.05 of the Illinois Insurance Code. | 9 | | Section 35. Action for possession of residential premises | 10 | | of a tenant. An action for possession of residential premises | 11 | | of a tenant, including a tenant who is a resident of a mobile | 12 | | home park, who is a service member that has entered military | 13 | | service, or of any member of the tenant's family who resides | 14 | | with the tenant shall be subject to Section 9-107.10 of the | 15 | | Code of Civil Procedure. | 16 | | Section 40. Limitation on interest rate. Interest or | 17 | | finance charges collected or charged to a service member who | 18 | | has entered military service, or the spouse of that service | 19 | | member, in connection with an obligation entered into on or | 20 | | after the date of August 22, 2005, but prior to the date that | 21 | | the service member entered military service, shall be subject | 22 | | to Section 4.05 of the Interest Act. |
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| 1 | | Section 45. Termination of lease; motor vehicle. The | 2 | | termination of a motor vehicle lease involving a service member | 3 | | who has entered military service or the spouse of that service | 4 | | member shall be subject to Section 37 of the Motor Vehicle | 5 | | Leasing Act. | 6 | | Section 50. Termination of property lease. The termination | 7 | | of a lease for a mobile home lot, residential premises, or | 8 | | non-residential premises by a service member who has entered | 9 | | military service, or by the spouse of that service member, in | 10 | | conjunction with a lease entered into on or after the effective | 11 | | date of this Act is subject to Section 16 of the Landlord and | 12 | | Tenant Act. The termination of a lease for farm or agricultural | 13 | | real property by a service member who has entered military | 14 | | service or by the spouse of that service member is subject to | 15 | | Section 9-206 of the Code of Civil Procedure and Section 16 of | 16 | | the Landlord and Tenant Act. | 17 | | Section 55. Stay of administrative contested case | 18 | | hearings. The stay of an administrative contested case hearing | 19 | | involving a named party who is a service member that has | 20 | | entered military service shall be subject to Section 10-63 of | 21 | | the Illinois Administrative Procedure Act. | 22 | | Section 60. Default judgment protection. Relief from a | 23 | | final order or judgment entered by default against a service |
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| 1 | | member who has entered military service is subject to Section | 2 | | 2-1401.1 of the Code of Civil Procedure. | 3 | | Section 65. Property repossession under retail installment | 4 | | sales. The repossession of personal property pursuant to a | 5 | | retail installment sales contract entered into before the buyer | 6 | | has entered military service and on or after the effective date | 7 | | of this Act that relates to the personal property of the | 8 | | service member is subject to Section 26.5 of the Retail | 9 | | Installment Sales Act and Section 9-610 of the Uniform | 10 | | Commercial Code. | 11 | | Section 70. Protection against foreclosure or a judicial | 12 | | sale in a foreclosure. Foreclosure and a judicial sale pursuant | 13 | | to a foreclosure against a service member who has entered | 14 | | military service in conjunction with a mortgage agreement | 15 | | entered into before the mortgagor entered military service and | 16 | | on or after the effective date of this Act is subject to | 17 | | Section 15-1501.6 of the Code of Civil Procedure. | 18 | | Section 75. Stay of prosecution; civil matters. The stay, | 19 | | postponement, or suspension of the enforcement of any civil | 20 | | obligation or liability, the prosecution of any civil suit or | 21 | | proceeding, or the entry or enforcement of any civil order, | 22 | | writ, judgment, or decree involving a service member who has | 23 | | entered military service shall be subject to Section 30.25 of |
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| 1 | | the Military Code of Illinois. | 2 | | Section 80. School attendance and tuition. A full monetary | 3 | | credit or refund for funds paid to any Illinois public | 4 | | university, college, or community college on behalf of any | 5 | | service member who enters military service shall be subject to | 6 | | Section 30.30 of the Military Code of Illinois. | 7 | | Section 900. The Illinois Administrative Procedure Act is | 8 | | amended by adding Section 10-63 as follows: | 9 | | (5 ILCS 100/10-63 new) | 10 | | Sec. 10-63. Stay of contested case hearings; military. | 11 | | (a) In this Section: | 12 | | "Military service" means any full-time training or duty no | 13 | | matter how described under federal or State law for which a | 14 | | service member is ordered to report by the President, Governor | 15 | | of a state, commonwealth, or territory of the United States, or | 16 | | other appropriate military authority. | 17 | | "Service member" means a resident of Illinois who is a | 18 | | member of any component of the U.S. Armed Forces or the | 19 | | National Guard of any state, the District of Columbia, a | 20 | | commonwealth, or a territory of the United States. | 21 | | (b) In a contested case in which a named party is a service | 22 | | member who has entered military service, for a period of 14 | 23 | | days that follow the conclusion of military service the |
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| 1 | | administrative law judge shall, upon motion made by or on | 2 | | behalf of the service member, stay the hearing for a period of | 3 | | 90 days if the service member's ability to appear at the | 4 | | hearing is materially affected by his or her military service. | 5 | | (c) In order to be eligible for the benefits granted to | 6 | | service members under this Section, a service member must | 7 | | demonstrate that his or her military service has been in excess | 8 | | of 29 consecutive days and has materially affected his or her | 9 | | ability to attend the hearing by submitting a letter to the | 10 | | administrative law judge from the service member's commanding | 11 | | officer stating that the service member's military duty has | 12 | | prevented the service member from appearing at the hearing and | 13 | | that military leave has not been authorized. The service member | 14 | | must also provide the administrative law judge with an | 15 | | approximate date of availability. | 16 | | (d) Additional stays of the contested case hearing shall be | 17 | | permitted at the discretion of the administrative law judge if | 18 | | all of the requirements of this Section are met. | 19 | | (e) A violation of this Section constitutes a civil rights | 20 | | violation under the Illinois Human Rights Act. All proceeds | 21 | | from the collection of any civil penalty
imposed under this | 22 | | subsection shall be deposited into the Illinois Military Family | 23 | | Relief Fund. | 24 | | Section 905. The Civil Administrative Code of Illinois is | 25 | | amended by adding Section 5-715 as follows: |
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| 1 | | (20 ILCS 5/5-715 new) | 2 | | Sec. 5-715. Deadline extensions for service members. | 3 | | (a) In this Section: | 4 | | "Military service" means any full-time training or duty no | 5 | | matter how described under federal or State law for which a | 6 | | service member is ordered to report by the President, Governor | 7 | | of state, commonwealth, or territory of the United States, or | 8 | | other appropriate military authority. | 9 | | "Service member" means a resident of Illinois who is a | 10 | | member of any component of the U.S. Armed Forces or the | 11 | | National Guard of any state, the District of Columbia, a | 12 | | commonwealth, or a territory of the United States. | 13 | | (b) Each director of a department is authorized to extend | 14 | | any deadline established by that director or department for a | 15 | | service member who has entered military service in excess of 29 | 16 | | consecutive days. The director may extend the deadline for a | 17 | | period not more than twice the length of the service member's | 18 | | required military service. | 19 | | Section 910. The Department of Central Management Services | 20 | | Law of the Civil Administrative Code of Illinois is amended by | 21 | | changing Section 405-272 as follows: | 22 | | (20 ILCS 405/405-272) | 23 | | Sec. 405-272. Bulk long distance telephone services for |
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| 1 | | military personnel in military service on active duty . | 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 | | "Immediate family" means a service member's spouse | 7 | | residing in the service member's household, brothers and | 8 | | sisters of the whole or of the half blood, children, including | 9 | | adopted children and stepchildren, parents, and grandparents. | 10 | | "Military service" means any full-time training or duty no | 11 | | matter how described under federal or State law for which a | 12 | | service member is ordered to report by the President, Governor | 13 | | of a state, commonwealth, or territory of the United States, or | 14 | | other appropriate military authority. | 15 | | "Service member" means a resident of Illinois who is a | 16 | | member of any component of the U.S. Armed Forces or the | 17 | | National Guard of any state, the District of Columbia, a | 18 | | commonwealth, or a territory of the United States member of the | 19 | | armed services or reserve forces of the United States or a | 20 | | member of the Illinois National Guard .
| 21 | | (b) The Department may enter into a contract to purchase | 22 | | bulk long distance telephone services and make them available | 23 | | at cost, or may make bulk long distance telephone services | 24 | | available at cost under any existing contract the Department | 25 | | has entered into, to persons in the immediate family of service | 26 | | members that have entered military service deployed on active |
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| 1 | | duty so that those persons in the service members' families can | 2 | | communicate with the service members so deployed . If the | 3 | | Department enters into a contract under this Section, it shall | 4 | | do so in accordance with the Illinois Procurement Code and in a | 5 | | nondiscriminatory manner that does not place any potential | 6 | | vendor at a competitive disadvantage. | 7 | | (c) In order to be eligible to use bulk long distance | 8 | | telephone services purchased by the Department under this | 9 | | Section, a service member or person in the service member's | 10 | | immediate family must provide the Department with a copy of the | 11 | | military or gubernatorial orders calling the service member to | 12 | | military service in excess of 29 consecutive days active duty | 13 | | and of any orders further extending the service member's period | 14 | | of military service active duty .
| 15 | | (d) If the Department enters into a contract under this | 16 | | Section, the Department shall adopt rules as necessary to | 17 | | implement this Section.
| 18 | | (Source: P.A. 94-635, eff. 8-22-05.) | 19 | | Section 915. The Military Code of Illinois is amended by | 20 | | changing Sections 30.25 and 30.30 as follows:
| 21 | | (20 ILCS 1805/30.25)
| 22 | | Sec. 30.25. Stay of prosecution. During and for a period of | 23 | | 14 days
after a period of military service
training or duty in | 24 | | excess of 29 days either under Title 32 of the United
States |
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| 1 | | Code or under State Active Duty , a court having jurisdiction | 2 | | over the
enforcement of
any civil obligation or
liability, the | 3 | | prosecution of any civil suit or proceeding, or the entry or
| 4 | | enforcement
of any civil order, writ, judgment, or decree may | 5 | | stay, postpone, or suspend
the matter if the court
determines | 6 | | that a service member's person's failure to meet the obligation | 7 | | is the direct
result
of that period of military service
| 8 | | training or duty . The stay, postponement, or
suspension of
| 9 | | proceedings does not in any way modify any condition, | 10 | | obligation, term, or
liability agreed upon or incurred by a | 11 | | person in military service including but
not limited to
accrued | 12 | | interest, late fees, or
penalties. No stay, postponement, or | 13 | | suspension shall be provided regarding
any
written agreement | 14 | | entered into, or debt that is incurred, by the person during
or | 15 | | after his or her period
of military service
training or duty | 16 | | either under Title 32 of the United States Code or under
State | 17 | | Active Duty . A violation of this Section constitutes a
civil | 18 | | rights violation under the Illinois Human Rights Act. All | 19 | | proceeds from the collection of any civil penalty
imposed under | 20 | | this Section shall be deposited into the Illinois Military | 21 | | Family Relief Fund.
| 22 | | (Source: P.A. 92-716, eff. 7-24-02.)
| 23 | | (20 ILCS 1805/30.30)
| 24 | | Sec. 30.30. School attendance and tuition. Any service | 25 | | member that enters military service person in
federal active |
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| 1 | | duty under Title 10 of the United States Code, or in
training | 2 | | or duty under Title 32 of the United States Code, or in
State | 3 | | Active Duty,
pursuant to the orders of the Governor has the
| 4 | | right to receive a full
monetary credit or refund for
funds | 5 | | paid
to any
Illinois public university, college, or community | 6 | | college if the service member person is
placed into a period of | 7 | | military
service with the State of Illinois pursuant to the | 8 | | orders of the Governor and
is unable to attend the university | 9 | | or college for a period of 7 or
more days.
Withdrawal from the | 10 | | course shall not impact upon the final
grade point average of | 11 | | the service member person . If any service member person who has | 12 | | been enrolled in any
Illinois public university, college, or | 13 | | community college is unable to process
his or her enrollment | 14 | | for the upcoming
term, he or she shall have any and all late | 15 | | penalties and or charges set aside,
including any and all late | 16 | | processing fees for books, lab fees, and all
items that were | 17 | | not in place because the service member person was engaged in | 18 | | military service
and was unable to enroll in the courses at the | 19 | | appropriate time. The rights
set forth in this Section are in | 20 | | addition to any rights afforded to persons in
military service | 21 | | with the State of Illinois pursuant to the orders of the
| 22 | | Governor under the policies of an Illinois public university, | 23 | | college, or
community college. A violation of this Section | 24 | | constitutes a
civil rights violation under the Illinois Human | 25 | | Rights Act. All proceeds from the collection of any civil | 26 | | penalty
imposed under this Section shall be deposited into the |
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| 1 | | Illinois Military Family Relief Fund.
| 2 | | (Source: P.A. 92-716, eff. 7-24-02.)
| 3 | | Section 920. The Illinois Municipal Code is amended by | 4 | | changing Section 11-117-12.2 as follows: | 5 | | (65 ILCS 5/11-117-12.2) | 6 | | Sec. 11-117-12.2. Military personnel in military service | 7 | | on active duty ; no stoppage of gas or electricity; arrearage. | 8 | | (a) In this Section: | 9 | | "Military service" means any full-time training or duty no | 10 | | matter how described under federal or State law for which a | 11 | | service member is ordered to report by the President, Governor | 12 | | of a state, commonwealth, or territory of the United States, or | 13 | | other appropriate military authority. | 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 | | "Service member" means a resident of Illinois who is a | 18 | | member of any component of the U.S. Armed Forces or the | 19 | | National Guard of any state, the District of Columbia, a | 20 | | commonwealth, or a territory of the United States member of the | 21 | | armed services or reserve forces of the United States or a | 22 | | member of the Illinois National Guard .
| 23 | | (b) No municipality owning a public utility shall stop gas | 24 | | or electricity from entering the residential premises of which |
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| 1 | | a service member was a primary occupant immediately before the | 2 | | service member entered military service was deployed on active | 3 | | duty for nonpayment for gas or electricity supplied to the | 4 | | residential premises. | 5 | | (c) Upon the return from military service active duty of a | 6 | | residential consumer who is a service member, the municipality | 7 | | shall offer the residential consumer a period equal to at least | 8 | | the period of the residential consumer's military service | 9 | | deployment on active duty to pay any arrearages incurred during | 10 | | the period of the residential consumer's military service | 11 | | deployment . The municipality shall inform the residential | 12 | | consumer that, if the period the municipality offers presents a | 13 | | hardship to the consumer, the consumer may request a longer | 14 | | period to pay the arrearages. | 15 | | (d) In order to be eligible for the benefits granted to | 16 | | service members under this Section, a service member must | 17 | | provide the municipality with a copy of the military or | 18 | | gubernatorial orders calling the service member to military | 19 | | service in excess of 29 consecutive days active duty and of any | 20 | | orders further extending the service member's period of service | 21 | | active duty .
| 22 | | (e) A violation of this Section constitutes a civil rights | 23 | | violation under the Illinois Human Rights Act. | 24 | | All proceeds from the collection of any civil penalty | 25 | | imposed under this subsection shall be deposited into the | 26 | | Illinois Military Family Relief Fund.
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| 1 | | (Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06; | 2 | | 95-392, eff. 8-23-07.) | 3 | | Section 925. The Illinois Insurance Code is amended by | 4 | | changing Section 224.05 as follows: | 5 | | (215 ILCS 5/224.05) | 6 | | Sec. 224.05. Military personnel in military service on | 7 | | active duty ; no lapse of life insurance policy. | 8 | | (a) Except as provided in subsection (b), this Section | 9 | | shall apply to any individual life insurance policy insuring | 10 | | the life of a resident of Illinois who is a member of any | 11 | | component of the U.S. Armed Forces or the National Guard of any | 12 | | state, the District of Columbia, a commonwealth, or a territory | 13 | | of the United States member of the armed services or reserve | 14 | | forces of the United States or a member of the Illinois | 15 | | National Guard who has entered any full-time training or duty | 16 | | which the service member was ordered to by the President, | 17 | | Governor of a state, commonwealth, or territory of the United | 18 | | States, or other appropriate military authority, if the life | 19 | | insurance is on active duty pursuant to an executive order of | 20 | | the President of the United States, an act of the Congress of | 21 | | the United States, or an order of the Governor, if the life | 22 | | insurance policy meets both of the following conditions: | 23 | | (1) The policy has been in force for at least 180 days. | 24 | | (2) The policy has been brought within the |
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| 1 | | "Servicemembers Civil Relief Act," 117 Stat. 2835 (2003), | 2 | | 50 U.S.C. App. 541 and following. | 3 | | (b) This Section does not apply to any policy that was | 4 | | cancelled or that had lapsed for the nonpayment of premiums | 5 | | prior to the commencement of the insured's period of military | 6 | | service. | 7 | | (c) An individual life insurance policy described in this | 8 | | Section shall not lapse or be forfeited for the nonpayment of | 9 | | premiums during the military service of a service member member | 10 | | of the armed services or reserve forces of the United States or | 11 | | a member of the Illinois National Guard or during the 2-year | 12 | | period subsequent to the end of the member's period of military | 13 | | service. | 14 | | (d) In order to be eligible for the benefits granted to | 15 | | service members under this Section, a service member must | 16 | | provide the life insurance company with a copy of the military | 17 | | or gubernatorial orders calling the service member to military | 18 | | service active duty and of any orders further extending the | 19 | | service member's period of service active duty .
| 20 | | (e) This Section does not limit a life insurance company's | 21 | | enforcement of provisions in the insured's policy relating to | 22 | | naval or military service in time of war.
| 23 | | (f) A violation of this Section constitutes a civil rights | 24 | | violation under the Illinois Human Rights Act. | 25 | | All proceeds from the collection of any civil penalty | 26 | | imposed under this subsection shall be deposited into the |
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| 1 | | Illinois Military Family Relief Fund.
| 2 | | (Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06; | 3 | | 95-392, eff. 8-23-07.) | 4 | | Section 930. The Public Utilities Act is amended by | 5 | | changing Section 8-201.5 as follows: | 6 | | (220 ILCS 5/8-201.5) | 7 | | Sec. 8-201.5. Military personnel in military service on | 8 | | active duty ; no stoppage of gas or electricity; arrearage. | 9 | | (a) In this Section: | 10 | | "Military service" means any full-time training or duty no | 11 | | matter how described under federal or State law for which a | 12 | | service member is ordered to report by the President, Governor | 13 | | of a state, commonwealth, or territory of the United States, or | 14 | | other appropriate military authority. | 15 | | "Active duty" means active duty pursuant to an executive | 16 | | order of the President of the United States, an act of the | 17 | | Congress of the United States, or an order of the Governor. | 18 | | "Service member" means a resident of Illinois who is a | 19 | | member of any component of the U.S. Armed Forces or the | 20 | | National Guard of any state, the District of Columbia, a | 21 | | commonwealth, or a territory of the United States member of the | 22 | | armed services or reserve forces of the United States or a | 23 | | member of the Illinois National Guard .
| 24 | | (b) No company or electric cooperative shall stop gas or |
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| 1 | | electricity from entering the residential premises of which a | 2 | | service member was a primary occupant immediately before the | 3 | | service member entered military service was deployed on active | 4 | | duty for nonpayment for gas or electricity supplied to the | 5 | | residential premises. | 6 | | (c) In order to be eligible for the benefits granted to | 7 | | service members under this Section, a service member must | 8 | | provide the company or electric cooperative with a copy of the | 9 | | military or gubernatorial orders calling the service member to | 10 | | military service in excess of 29 consecutive days active duty | 11 | | and of any orders further extending the service member's period | 12 | | of service active duty .
| 13 | | (d) Upon the return from military service active duty of a | 14 | | residential consumer who is a service member, the company or | 15 | | electric cooperative shall offer the residential consumer a | 16 | | period equal to at least the period of military service | 17 | | deployment on active duty to pay any arrearages incurred during | 18 | | the period of the residential consumer's military service | 19 | | deployment . The company or electric cooperative shall inform | 20 | | the residential consumer that, if the period that the company | 21 | | or electric cooperative offers presents a hardship to the | 22 | | consumer, the consumer may request a longer period to pay the | 23 | | arrearages and, in the case of a company that is a public | 24 | | utility, may request the assistance of the Illinois Commerce | 25 | | Commission to obtain a longer period. No late payment fees or | 26 | | interest shall be charged to the residential consumer during |
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| 1 | | the period of military service deployment or the repayment | 2 | | period.
| 3 | | (e) A violation of this Section constitutes a civil rights | 4 | | violation under the Illinois Human Rights Act. | 5 | | All proceeds from the collection of any civil penalty | 6 | | imposed under this subsection shall be deposited into the | 7 | | Illinois Military Family Relief Fund.
| 8 | | (Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06; | 9 | | 95-392, eff. 8-23-07.) | 10 | | Section 935. The Service Member's Employment Tenure Act is | 11 | | amended by changing Section 5.2 as follows:
| 12 | | (330 ILCS 60/5.2)
| 13 | | Sec. 5.2. School attendance and tuition. | 14 | | (a) Any person in military service
with the State of | 15 | | Illinois or in federal active duty service pursuant to the | 16 | | orders of the President of the United States or the Governor | 17 | | has the right
to receive a full
monetary credit or refund for
| 18 | | funds paid
to any
Illinois public university, college or | 19 | | community college if the person is placed into a period of | 20 | | military service pursuant to the orders of the President of the | 21 | | United States or the Governor and
is unable to attend the | 22 | | university or college for a period of 7 or
more days.
| 23 | | Withdrawal from the course shall not impact upon the final
| 24 | | grade point average of the person. If any person who has been |
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| 1 | | enrolled in any
Illinois public university, college, or | 2 | | community college is unable to process
his or her enrollment | 3 | | for the upcoming
term, he or she shall have any and all late | 4 | | penalties and or charges set aside,
including any and all late | 5 | | processing fees for books, lab fees, and all
items that were | 6 | | not in place because the person was engaged in military service
| 7 | | and was unable to enroll in the courses at the appropriate | 8 | | time. | 9 | | A service member enrolled in an institution of higher | 10 | | learning who is unable, because of his or her military service, | 11 | | to attend classes on a particular day or days has the right to | 12 | | be excused and to reschedule a course examination administered | 13 | | on such day or days. The faculty and administrative officials | 14 | | shall make available to the service member an equivalent | 15 | | opportunity to make up any examination he or she has missed | 16 | | because of his or her military service. | 17 | | The rights
set forth in this Section are in addition to any | 18 | | rights afforded to persons in
military service with the State | 19 | | of Illinois or in federal active duty service pursuant to the | 20 | | orders of the President of the United States or the
Governor | 21 | | under the policies of an Illinois public university, college, | 22 | | or
community college.
| 23 | | (b) For the purposes of this Section: | 24 | | "Institution of higher learning" has the same meaning as in | 25 | | Section 10 of the Higher Education Student Assistance Act. | 26 | | "Military service" means any full-time training or duty, no |
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| 1 | | matter how described under federal or State law, for which a | 2 | | service member is ordered to report by the President, Governor | 3 | | of a state, commonwealth, or territory of the United States, or | 4 | | other appropriate military authority. | 5 | | "Service member" means a resident of Illinois who is a | 6 | | member of any component of the U.S. Armed Forces or the | 7 | | National Guard of any state, the District of Columbia, a | 8 | | commonwealth, or a territory of the United States. | 9 | | (Source: P.A. 93-822, eff. 7-28-04.)
| 10 | | Section 940. The Code of Civil Procedure is amended by | 11 | | changing Sections 9-107.10 and 9-206 and by adding Sections | 12 | | 2-1401.1 and 15-1501.6 as follows: | 13 | | (735 ILCS 5/2-1401.1 new) | 14 | | Sec. 2-1401.1. Relief from default judgment; military | 15 | | personnel in military service. | 16 | | (a) In this Section: | 17 | | "Military service" means any full-time training or duty no | 18 | | matter how described under federal or State law for which a | 19 | | service member is ordered to report by the President, Governor | 20 | | of a state, commonwealth, or territory of the United States, or | 21 | | other appropriate military authority. | 22 | | "Service member" means a resident of Illinois who is a | 23 | | member of any component of the U.S. Armed Forces or the | 24 | | National Guard of any state, the District of Columbia, or |
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| 1 | | commonwealth, or a territory of the United States. | 2 | | (b) Relief from and vacation of final orders and judgments | 3 | | after 30 days from the entry thereof entered by default against | 4 | | a service member that has entered military service may be had | 5 | | upon petition as provided in this Section. All relief | 6 | | heretofore obtainable and the grounds for such relief | 7 | | heretofore available shall be available in every case, by | 8 | | proceedings commenced pursuant to this Section, regardless of | 9 | | the nature of the order or judgment from which relief is sought | 10 | | or of the proceedings in which it was entered. Except as | 11 | | provided in Section 6 of the Illinois Parentage Act of 1984, | 12 | | there shall be no distinction between actions and other | 13 | | proceedings, statutory or otherwise, as to availability of | 14 | | relief, grounds for relief or the relief obtainable. | 15 | | (c) The petition must be filed in the same proceeding in | 16 | | which the order or judgment was entered but is not a | 17 | | continuation thereof. The petition must be supported by | 18 | | affidavit or other appropriate showing as to matters not of | 19 | | record and show that the service member did not appear in the | 20 | | proceeding, the person's military service materially affected | 21 | | the service member's ability to defend the case, the person has | 22 | | a meritorious or legal defense to the action, and the petition | 23 | | must be filed within 90 days after the service member's date of | 24 | | release from military service. All parties to the petition | 25 | | shall be notified as provided by rule. | 26 | | (d) Except as provided in Section 20b of the Adoption Act |
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| 1 | | and Section 2-32 of the Juvenile Court Act of 1987 or in a | 2 | | petition based upon Section 116-3 of the Code of Criminal | 3 | | Procedure of 1963, the petition must be filed not later than 90 | 4 | | days after the service member's release from military service. | 5 | | Time during which the person seeking relief is under legal | 6 | | disability or duress or the ground for relief is fraudulently | 7 | | concealed shall be excluded in computing the period for filing. | 8 | | (e) The filing of a petition under this Section does not | 9 | | affect the order or judgment, or suspend its operation. | 10 | | (f) Unless lack of jurisdiction affirmatively appears from | 11 | | the record proper, the vacation or modification of an order or | 12 | | judgment pursuant to the provisions of this Section does not | 13 | | affect the right, title or interest in or to any real or | 14 | | personal property of any person, not a party to the original | 15 | | action, acquired for value after the entry of the order or | 16 | | judgment but before the filing of the petition, nor affect any | 17 | | right of any person not a party to the original action under | 18 | | any certificate of sale issued before the filing of the | 19 | | petition, pursuant to a sale based on the order or judgment. | 20 | | (g) Nothing contained in this Section affects any existing | 21 | | right to relief from a void order or judgment, or to employ any | 22 | | existing method to procure that relief. | 23 | | (735 ILCS 5/9-107.10) | 24 | | Sec. 9-107.10. Military personnel in military service on | 25 | | active duty ; action for possession. |
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| 1 | | (a) In this Section: | 2 | | "Military service" means any full-time training or duty no | 3 | | matter how described under federal or State law for which a | 4 | | service member is ordered to report by the President, Governor | 5 | | of a State, commonwealth, or territory of the United States, or | 6 | | other appropriate military authority. | 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 resident of Illinois who is a | 11 | | member of any component of the U.S. Armed Forces or the | 12 | | National Guard of any state, the District of Columbia, a | 13 | | commonwealth, or a territory of the United States member of the | 14 | | armed services or reserve forces of the United States or a | 15 | | member of the Illinois National Guard .
| 16 | | (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 that has entered military service | 19 | | deployed on active duty , or of any member of the tenant's | 20 | | family who resides with the tenant, if the tenant entered into | 21 | | the rental agreement on or after the effective date of this | 22 | | amendatory Act of the 94th General Assembly, the court may, on | 23 | | its own motion, and shall, upon motion made by or on behalf of | 24 | | the tenant, do either of the following if the tenant's ability | 25 | | to pay the agreed rent is materially affected by the tenant's | 26 | | military service deployment on active duty : |
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| 1 | | (1) Stay the proceedings for a period of 90 days, | 2 | | unless, in the opinion of the court, justice and equity | 3 | | require a longer or shorter period of time. | 4 | | (2) Adjust the obligation under the rental agreement to | 5 | | preserve the interest of all parties to it. | 6 | | (c) In order to be eligible for the benefits granted to | 7 | | service members under this Section, a service member or a | 8 | | member of the service member's family who resides with the | 9 | | service member must provide the landlord or mobile home park | 10 | | operator with a copy of the military or gubernatorial orders | 11 | | calling the service member to military service in excess of 29 | 12 | | consecutive days active duty and of any orders further | 13 | | extending the service member's period of service active duty .
| 14 | | (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.
| 17 | | (e) A violation of this Section constitutes a civil rights | 18 | | violation under the Illinois Human Rights Act.
All proceeds | 19 | | from the collection of any civil penalty
imposed pursuant to | 20 | | the Illinois Human Rights Act under this subsection shall be | 21 | | deposited into the Illinois Military Family Relief Fund. | 22 | | (Source: P.A. 94-635, eff. 8-22-05; 95-392, eff. 8-23-07.)
| 23 | | (735 ILCS 5/9-206) (from Ch. 110, par. 9-206)
| 24 | | Sec. 9-206. Notice to terminate tenancy of farm land. | 25 | | Subject to the provisions of Section 16 of the Landlord and |
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| 1 | | Tenant Act, in In order to terminate
tenancies from year to | 2 | | year of farm
lands, occupied on a crop share, livestock share, | 3 | | cash rent or other
rental basis, the notice to quit shall be | 4 | | given in writing not less than
4 months prior to the end of the | 5 | | year of letting. Such notice may not be
waived in a verbal | 6 | | lease. The notice to quit may be substantially in the
following | 7 | | form:
| 8 | | To A.B.: You are hereby notified that I have elected to | 9 | | terminate
your lease of the farm premises now occupied by you, | 10 | | being (here
describe the premises) and you are hereby further | 11 | | notified to quit and
deliver up possession of the same to me at | 12 | | the end of the lease year,
the last day of such year being | 13 | | (here insert the last day of the lease
year).
| 14 | | (Source: P.A. 82-280.)
| 15 | | (735 ILCS 5/15-1501.6 new) | 16 | | Sec. 15-1501.6. Relief in mortgage foreclosure proceedings | 17 | | for military personnel in military service. | 18 | | (a) In this Section: | 19 | | "Military service" means any full-time training or duty no | 20 | | matter how described under federal or State law for which a | 21 | | service member is ordered to report by the President, Governor | 22 | | of a state, commonwealth, or territory of the United States, or | 23 | | other appropriate military authority. | 24 | | "Service member" means a resident of Illinois who is a | 25 | | member of any component of the U.S. Armed Forces or the |
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| 1 | | National Guard of any state, the District of Columbia, a | 2 | | commonwealth, or a territory of the United States. | 3 | | (b) In an action for foreclosure, a mortgagor who is a | 4 | | service member that has entered military service for a period | 5 | | greater than 29 consecutive days or any member of the | 6 | | mortgagor's family who resides with the mortgagor at the | 7 | | mortgaged premises, if the mortgagor entered into the mortgage | 8 | | agreement before the mortgagor received orders for military | 9 | | service on or after the effective date of this amendatory Act | 10 | | of the 97th General Assembly, may file a motion for relief and | 11 | | the court shall, if the mortgagor's ability to pay the agreed | 12 | | mortgage payments or to defend the foreclosure action or | 13 | | judicial sale is materially affected by the mortgagor's | 14 | | military service, do one or more of the following: | 15 | | (1) stay the proceedings for a period of 90 days after | 16 | | the mortgagor returns from active duty, unless, in the | 17 | | opinion of the court, justice and equity require a longer | 18 | | or shorter period of time; | 19 | | (2) adjust the obligation under the mortgage agreement | 20 | | by reducing the monthly payments and extend the term of the | 21 | | mortgage, provided that the adjustment preserves the | 22 | | interest of all parties to it; or | 23 | | (3) stay a judicial sale of the property. | 24 | | (c) If a mortgagor or any member of the mortgagor's family | 25 | | who resides with the mortgagor at the mortgaged premises files | 26 | | a motion under this Section, no judicial sale under this |
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| 1 | | Article may advance without a court order showing that the | 2 | | court considered the mortgagor's motion and considered staying | 3 | | the judicial sale. | 4 | | (d) In order to be eligible for the benefits granted to a | 5 | | service member under this Section, a service member or a member | 6 | | of the service member's family who resides with the service | 7 | | member at the mortgaged premises must provide the court and the | 8 | | mortgagee with a copy of the orders calling the service member | 9 | | to military service in excess of 29 consecutive days and of any | 10 | | orders further extending the service member's period of | 11 | | service. | 12 | | (e) If a stay is granted under this Section, the court
may | 13 | | grant the mortgagee such relief as equity may require. | 14 | | (f) The forms of relief available under this Section shall | 15 | | continue to be available up to 90 days after the completion of | 16 | | the service member's military service. | 17 | | (g) In addition to any sanction available to the court for | 18 | | violation of a stay or order, a violation of this Section | 19 | | constitutes a civil rights violation under the Illinois Human | 20 | | Rights Act. All proceeds from the collection of any civil | 21 | | penalty
imposed pursuant to the Illinois Human Rights Act under | 22 | | this subsection shall be deposited into the Illinois Military | 23 | | Family Relief Fund. | 24 | | Section 945. The Landlord and Tenant Act is amended by | 25 | | adding Section 16 as follows: |
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| 1 | | (765 ILCS 705/16 new) | 2 | | Sec. 16. Military personnel in military service; right to | 3 | | terminate lease. | 4 | | (a) In this Section: | 5 | | "Military service" means any full-time training or duty no | 6 | | matter how described under federal or State law for which a | 7 | | service member is ordered to report by the President, Governor | 8 | | of the state, commonwealth, or territory of the United States, | 9 | | or other appropriate military authority. | 10 | | "Service member" means a resident of Illinois who is a | 11 | | member of any component of the U.S. Armed Forces or the | 12 | | National Guard of any state, the District of Columbia, a | 13 | | commonwealth, or a territory of the United States. | 14 | | (b) A tenant who is a service member that has entered | 15 | | military service for a period greater than 29 consecutive days | 16 | | or any member of the tenant's family who resides with the | 17 | | tenant at the leased premises may terminate a lease for a | 18 | | mobile home lot, residential premises, non-residential | 19 | | premises, or farm or agricultural real property if the tenant | 20 | | enters military service for greater than 29 consecutive days | 21 | | after executing the lease or the tenant, while in military | 22 | | service, receives military orders for a permanent change of | 23 | | station or to deploy with a military unit or as an individual | 24 | | in support of a military operation for a period of not less | 25 | | than 90 days, regardless of whether the lease was signed before |
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| 1 | | or during military service. This provision applies to leases | 2 | | executed on or after the effective date of this amendatory Act | 3 | | of the 97th General Assembly. | 4 | | (c) In order to exercise the right to terminate the lease | 5 | | granted to a service member under this Section, a service | 6 | | member or a member of the service member's family who resides | 7 | | with the service member at the leased premises must provide the | 8 | | landlord or mobile home park operator with a copy of the orders | 9 | | calling the service member to military service in excess of 29 | 10 | | consecutive days and of any orders further extending the | 11 | | service member's period of service. | 12 | | (d) Termination of the lease is effective 30 days after the | 13 | | delivery of the notice to the landlord, except that if rent is | 14 | | paid in monthly installments the termination is effective 30 | 15 | | days after the next rental payment due date after the date of | 16 | | the notice to the landlord. If any rent payment was made in | 17 | | advance, the landlord must return any unearned portion and the | 18 | | landlord must return any security deposit paid, except to the | 19 | | extent that there are actual damages or repairs to be paid from | 20 | | the security deposit as provided in the lease agreement. | 21 | | (e) A landlord's failure to accept a service member's | 22 | | termination of a lease that is effected pursuant to this | 23 | | Section imposed by this Section constitutes a civil rights | 24 | | violation under the Illinois Human Rights Act. All proceeds | 25 | | from the collection of any civil penalty
imposed under this | 26 | | subsection shall be deposited into the Illinois Military Family |
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| 1 | | Relief Fund. | 2 | | Section 950. The Illinois Human Rights Act is amended by | 3 | | changing Section 6-102 as follows: | 4 | | (775 ILCS 5/6-102) | 5 | | Sec. 6-102. Violations of other Acts. A person who violates | 6 | | the Military Leave of Absence Act, the Public Employee Armed | 7 | | Services Rights Act, Section 11-117-12.2 of the Illinois | 8 | | Municipal Code, Section 224.05 of the Illinois Insurance Code, | 9 | | Section 8-201.5 of the Public Utilities Act, Sections 2-1401.1, | 10 | | 9-107.10, 9-107.11, and 15-1501.6 Section 9-107.10 of the Code | 11 | | of Civil Procedure, Section 4.05 of the Interest Act, the | 12 | | Military Personnel Cellular Phone Contract Termination Act, | 13 | | Section 405-272 of the Civil Administrative Code of Illinois, | 14 | | Section 10-63 of the Illinois Administrative Procedure Act, | 15 | | Sections 30.25 and 30.30 of the Military Code of Illinois, | 16 | | Section 16 of the Landlord and Tenant Act, Section 26.5 of the | 17 | | Retail Installment Sales Act, or Section 37 of the Motor | 18 | | Vehicle Leasing Act commits a civil rights violation within the | 19 | | meaning of this Act.
| 20 | | (Source: P.A. 95-392, eff. 8-23-07.) | 21 | | Section 955. The Uniform Commercial Code is amended by | 22 | | changing Section 9-610 as follows:
|
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| 1 | | (810 ILCS 5/9-610)
| 2 | | Sec. 9-610. Disposition of collateral after default.
| 3 | | (a) Disposition after default. After default, a secured | 4 | | party may
sell, lease, license, or otherwise dispose of any or | 5 | | all of the collateral in
its present
condition or following any | 6 | | commercially reasonable preparation or processing.
| 7 | | (b) Commercially reasonable disposition. Every aspect of a
| 8 | | disposition of collateral, including the method, manner, time, | 9 | | place, and other
terms, must be commercially reasonable. If | 10 | | commercially reasonable, a secured
party may dispose of | 11 | | collateral by public or private proceedings, by one or
more
| 12 | | contracts, as a unit or in parcels, and at any time and place | 13 | | and on any terms.
| 14 | | (c) Purchase by secured party. A secured party may purchase
| 15 | | collateral:
| 16 | | (1) at a public disposition; or
| 17 | | (2) at a private disposition only if the collateral is | 18 | | of a kind
that is customarily sold on a recognized market | 19 | | or the subject of widely distributed
standard price | 20 | | quotations.
| 21 | | (d) Warranties on disposition. A contract for sale, lease, | 22 | | license,
or other disposition includes the warranties relating | 23 | | to title, possession, quiet
enjoyment, and the like which by | 24 | | operation of law accompany a voluntary
disposition of property | 25 | | of the kind subject to the contract.
| 26 | | (e) Disclaimer of warranties. A secured party may disclaim |
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| 1 | | or
modify warranties under subsection (d):
| 2 | | (1) in a manner that would be effective to disclaim or | 3 | | modify
the warranties in a voluntary disposition of | 4 | | property of the kind subject to
the
contract of | 5 | | disposition; or
| 6 | | (2) by communicating to the purchaser a record | 7 | | evidencing
the contract for disposition and including an | 8 | | express disclaimer or
modification of
the warranties.
| 9 | | (f) Record sufficient to disclaim warranties. A record is
| 10 | | sufficient to disclaim warranties under subsection (e) if it | 11 | | indicates "There
is no
warranty relating to title, possession, | 12 | | quiet enjoyment, or the like in this
disposition" or uses words | 13 | | of similar import.
| 14 | | (g) The provisions of this Section are subject to Section | 15 | | 26.5 of the Retail Installment Sales Act. | 16 | | (Source: P.A. 91-893, eff. 7-1-01.)
| 17 | | Section 960. The Interest Act is amended by changing | 18 | | Section 4.05 as follows: | 19 | | (815 ILCS 205/4.05) | 20 | | Sec. 4.05. Military personnel in military service on active | 21 | | duty ; limitation on interest rate. | 22 | | (a) In this Section: | 23 | | "Military service" means any full-time training or duty no | 24 | | matter how described under federal or State law for which a |
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| 1 | | service member is ordered to report by the President, Governor | 2 | | of a state, commonwealth, or territory of the United States, or | 3 | | other appropriate military authority. | 4 | | "Active duty" means active duty pursuant to an executive | 5 | | order of the President of the United States, an act of the | 6 | | Congress of the United States, or an order of the Governor. | 7 | | "Obligation" means any retail installment sales contract, | 8 | | other contract for the purchase of goods or services, or bond, | 9 | | bill, note, or other instrument of writing for the payment of | 10 | | money arising out of a contract or other transaction for the | 11 | | purchase of goods or services. | 12 | | "Service member" means a resident of Illinois who is a | 13 | | member of any component of the U.S. Armed Forces or the | 14 | | National Guard of any state, the District of Columbia, a | 15 | | commonwealth, or a territory of the United States member of the | 16 | | armed services or reserve forces of the United States or a | 17 | | member of the Illinois National Guard .
| 18 | | (b) Notwithstanding any contrary provision of State law, | 19 | | but subject to the federal Servicemembers Civil Relief Act, no | 20 | | creditor in connection with an obligation entered into on or | 21 | | after the effective date of this amendatory Act of the 94th | 22 | | General Assembly, but prior to a service member's period of | 23 | | military service deployment on active duty , shall charge or | 24 | | collect from a service member who has entered military service | 25 | | is deployed on active duty , or the spouse of that service | 26 | | member, interest or finance charges exceeding 6% per annum |
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| 1 | | during the period of military service that the service member | 2 | | is deployed on active duty . | 3 | | (c) Notwithstanding any contrary provision of law, | 4 | | interest or finance charges in excess of 6% per annum that | 5 | | otherwise would be incurred but for the prohibition in | 6 | | subsection (b) are forgiven. | 7 | | (d) The amount of any periodic payment due from a service | 8 | | member who has entered military service is deployed on active | 9 | | duty , or the spouse of that service member, under the terms of | 10 | | the obligation shall be reduced by the amount of the interest | 11 | | and finance charges forgiven under subsection (c) that is | 12 | | allocable to the period for which the periodic payment is made. | 13 | | (e) In order for an obligation to be subject to the | 14 | | interest and finance charges limitation of this Section, the | 15 | | service member who has entered military service deployed on | 16 | | active duty , or the spouse of that service member, shall | 17 | | provide the creditor with written notice of and a copy of the | 18 | | military or gubernatorial orders calling the service member to | 19 | | military service in excess of 29 consecutive days active duty | 20 | | and of any orders further extending the service member's period | 21 | | of service active duty , not later than 180 days after the date | 22 | | of the service member's termination of or release from military | 23 | | service active duty . | 24 | | (f) Upon receipt of the written notice and a copy of the | 25 | | orders referred to in subsection (e), the creditor shall treat | 26 | | the obligation in accordance with subsection (b), effective as |
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| 1 | | of the date on which the service member entered military | 2 | | service is deployed to active duty . | 3 | | (g) A court may grant a creditor relief from the interest | 4 | | and finance charges limitation of this Section, if, in the | 5 | | opinion of the court, the ability of the service member who has | 6 | | entered military service deployed on active duty , or the spouse | 7 | | of that service member, to pay interest or finance charges with | 8 | | respect to the obligation at a rate in excess of 6% per annum | 9 | | is not materially affected by reason of the service member's | 10 | | military service deployment on active duty .
| 11 | | (h) A violation of this Section constitutes a civil rights | 12 | | violation under the Illinois Human Rights Act. | 13 | | 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.
| 16 | | (Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06; | 17 | | 95-392, eff. 8-23-07.) | 18 | | Section 965. The Retail Installment Sales Act is amended by | 19 | | adding Section 26.5 as follows: | 20 | | (815 ILCS 405/26.5 new) | 21 | | Sec. 26.5. Relief concerning a retail installment contract | 22 | | default for military personnel in military service. | 23 | | (a) In this Section: | 24 | | "Military service" means any full-time training or duty no |
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| 1 | | matter how described under federal or State law for which a | 2 | | service member is ordered to report by the President, Governor | 3 | | of a state, commonwealth, or territory of the United States, or | 4 | | other appropriate military authority. | 5 | | "Service member" means a resident of Illinois who is a | 6 | | member of any component of the U.S. Armed Forces or the | 7 | | National Guard of any state, the District of Columbia, a | 8 | | commonwealth, or a territory of the United States. | 9 | | (b) With respect to any act taken by a holder pursuant to | 10 | | Section 26, a buyer who is a service member that has entered | 11 | | military service, if the buyer entered into the retail | 12 | | installment contract before the buyer entered military service | 13 | | and on or after the effective date of this amendatory Act of | 14 | | the 97th General Assembly may file a petition for relief, and | 15 | | the court shall do one or more of the following if the buyer's | 16 | | ability to pay the agreed retail installment contract payments | 17 | | is materially affected by the buyer's military service: | 18 | | (1) stay any repossession of goods subject to the | 19 | | retail install contract for a period of 90 days after the | 20 | | buyer returns from military service, unless, in the opinion | 21 | | of the court, justice and equity require a longer or | 22 | | shorter period of time; | 23 | | (2) adjust the obligation under the retail installment | 24 | | contract by reducing the monthly payments and extending the | 25 | | term of the contract, provided that the adjustment | 26 | | preserves the interest of all parties to the contract; or |
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| 1 | | (3) stay the repossession of the goods or collateral | 2 | | subject to the retail install contract or stay the | 3 | | disposition of repossessed goods or collateral subject to | 4 | | the retail install contract. | 5 | | (c) In order to be eligible for the benefits granted to a | 6 | | service member under this Section, a service member must | 7 | | provide the court and the holder with a copy of the orders | 8 | | calling the service member to military service in excess of 29 | 9 | | consecutive days and of any orders further extending the | 10 | | service member's period of service. | 11 | | (d) If a stay is granted under this Section, the court
may | 12 | | grant the holder such relief as equity may require. | 13 | | (e) In addition to any sanction available to the court for | 14 | | violation of a stay or order, a violation of this Section | 15 | | constitutes a civil rights violation under the Illinois Human | 16 | | Rights Act. All proceeds from the collection of any civil | 17 | | penalty
imposed pursuant to the Illinois Human Rights Act under | 18 | | this subsection shall be deposited into the Illinois Military | 19 | | Family Relief Fund. | 20 | | Section 970. The Military Personnel Cellular Phone | 21 | | Contract Termination Act is amended by changing Sections 5, 10, | 22 | | 15, and 22 as follows: | 23 | | (815 ILCS 633/5)
| 24 | | Sec. 5. Definition. In this Act: |
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| 1 | | "Military service" means any full-time training or duty no | 2 | | matter how described under federal or State law for which a | 3 | | service member is ordered to report by the President, Governor | 4 | | of a state, commonwealth, or territory of the United States, or | 5 | | other appropriate military authority. | 6 | | "Active duty" means active duty pursuant to an executive | 7 | | order of the President of the United States, an act of the | 8 | | Congress of the United States, or an order of the Governor. | 9 | | "Service member" means a resident of Illinois who is a | 10 | | member of any component of the U.S. Armed Forces or the | 11 | | National Guard of any state, the District of Columbia, a | 12 | | commonwealth, or a territory of the United States member of the | 13 | | armed services or reserve forces of the United States or a | 14 | | member of the Illinois National Guard .
| 15 | | (Source: P.A. 94-635, eff. 8-22-05.) | 16 | | (815 ILCS 633/10)
| 17 | | Sec. 10. Termination of cellular phone contract without | 18 | | penalty. Any service member who enters military service is | 19 | | deployed on active duty , or the spouse of that service member, | 20 | | may terminate, without penalty, a cellular phone contract that | 21 | | meets all both of the following requirements:
| 22 | | (1) The contract is entered into on or after the | 23 | | effective date of this Act.
| 24 | | (2) The contract is executed by or on behalf of the | 25 | | service member who has entered military service is deployed |
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| 1 | | on active duty .
| 2 | | (3) The service member's military service is at a | 3 | | location that is outside the coverage area of the cellular | 4 | | telephone company that supports the contract.
| 5 | | (Source: P.A. 94-635, eff. 8-22-05.) | 6 | | (815 ILCS 633/15)
| 7 | | Sec. 15. Effective date of termination. Termination of the | 8 | | cellular phone contract shall not be effective until:
| 9 | | (1) thirty days after the service member who has | 10 | | entered military service is deployed on active duty or the | 11 | | service member's spouse gives notice by certified mail, | 12 | | return receipt requested, of the intention to terminate the | 13 | | cellular phone contract together with a copy of the | 14 | | military or gubernatorial orders calling the service | 15 | | member to military service active duty and of any orders | 16 | | further extending the service member's period of service | 17 | | active duty ; and
| 18 | | (2) unless the service member who enters military | 19 | | service is deployed on active duty owns the cellular phone, | 20 | | the cellular phone is returned to the custody or control of | 21 | | the cellular telephone company, or the service member who | 22 | | enters military service is deployed on active duty or the | 23 | | service member's spouse agrees in writing to return the | 24 | | cellular phone as soon as practical after the military | 25 | | service deployment is completed.
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| 1 | | (Source: P.A. 94-635, eff. 8-22-05.) | 2 | | (815 ILCS 633/22) | 3 | | Sec. 22. Violation. A violation of this Act constitutes a | 4 | | civil rights violation under the Illinois Human Rights Act. All | 5 | | proceeds from the collection of any civil penalty
imposed under | 6 | | this Section shall be deposited into the Illinois Military | 7 | | Family Relief Fund.
| 8 | | (Source: P.A. 95-392, eff. 8-23-07.) | 9 | | Section 975. The Motor Vehicle Leasing Act is amended by | 10 | | changing Section 37 as follows: | 11 | | (815 ILCS 636/37) | 12 | | Sec. 37. Military personnel in military service on active | 13 | | duty ; termination of lease. | 14 | | (a) In this Act: | 15 | | "Military service" means any full-time training or duty no | 16 | | matter how described under federal or State law for which a | 17 | | service member is ordered to report by the President, Governor | 18 | | of a state, commonwealth, or territory of the United States, or | 19 | | other appropriate military authority. | 20 | | "Active duty" means active duty pursuant to an executive | 21 | | order of the President of the United States, an act of the | 22 | | Congress of the United States, or an order of the Governor. | 23 | | "Motor vehicle" means any automobile, car minivan, |
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| 1 | | passenger van, sport utility vehicle, pickup truck, or other | 2 | | self-propelled vehicle not operated or driven on fixed rails or | 3 | | track. | 4 | | "Service member" means a resident of Illinois who is a | 5 | | member of any component of the U.S. Armed Forces or the | 6 | | National Guard of any state, the District of Columbia, a | 7 | | commonwealth, or a territory of the United States member of the | 8 | | armed services or reserve forces of the United States or a | 9 | | member of the Illinois National Guard .
| 10 | | (b) Any service member who enters military service is | 11 | | deployed on active duty for a period of not less than 180 days, | 12 | | or the spouse of that service member, may terminate any motor | 13 | | vehicle lease that meets both of the following requirements: | 14 | | (1) The lease is entered into on or after the effective | 15 | | date of this amendatory Act of the 94th General Assembly. | 16 | | (2) The lease is executed by or on behalf of the | 17 | | service member who has entered military service is deployed | 18 | | on active duty . | 19 | | (c) Termination of the motor vehicle lease shall not be | 20 | | effective until: | 21 | | (1) the service member who has entered military service | 22 | | is deployed on active duty , or the service member's spouse, | 23 | | gives the lessor by certified mail, return receipt | 24 | | requested, a notice of the intention to terminate the lease | 25 | | together with a copy of the military or gubernatorial | 26 | | orders calling the service member to military service |
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| 1 | | active duty and of any orders further extending the service | 2 | | member's period of service active duty ; and | 3 | | (2) the motor vehicle subject to the lease is returned | 4 | | to the custody or control of the lessor not later than 15 | 5 | | days after the delivery of the written notice. | 6 | | (d) Lease amounts unpaid for the period preceding the | 7 | | effective date of the lease's termination shall be paid on a | 8 | | prorated basis. The lessor may not impose an early termination | 9 | | charge, but any taxes, costs of summons, and title or | 10 | | registration fees and any other obligation and liability of the | 11 | | lessee under the terms of the lease, including reasonable | 12 | | charges to the lessee for excess wear, use, and mileage, that | 13 | | are due and unpaid at the time of the lease's termination shall | 14 | | be paid by the lessee. | 15 | | (e) The lessor shall refund to the lessee lease amounts | 16 | | paid in advance for a period after the effective date of the | 17 | | lease's termination within 30 days after the effective date of | 18 | | the lease's termination. | 19 | | (f) Upon application by the lessor to a court before the | 20 | | effective date of the lease's termination, relief granted by | 21 | | this Section may be modified as justice and equity require.
| 22 | | (g) A violation of this Section constitutes a civil rights | 23 | | violation under the Illinois Human Rights Act. | 24 | | All proceeds from the collection of any civil penalty | 25 | | imposed under this subsection shall be deposited into the | 26 | | Illinois Military Family Relief Fund.
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| 1 | | (Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06; | 2 | | 95-392, eff. 8-23-07.)
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | New Act | | | 4 | | 5 ILCS 100/10-63 new | | | 5 | | 20 ILCS 5/5-715 new | | | 6 | | 20 ILCS 405/405-272 | | | 7 | | 20 ILCS 1805/30.25 | | | 8 | | 20 ILCS 1805/30.30 | | | 9 | | 65 ILCS 5/11-117-12.2 | | | 10 | | 215 ILCS 5/224.05 | | | 11 | | 220 ILCS 5/8-201.5 | | | 12 | | 330 ILCS 60/5.2 | | | 13 | | 735 ILCS 5/2-1401.1 new | | | 14 | | 735 ILCS 5/9-107.10 | | | 15 | | 735 ILCS 5/9-206 | from Ch. 110, par. 9-206 | | 16 | | 735 ILCS 5/15-1501.6 new | | | 17 | | 765 ILCS 705/16 new | | | 18 | | 775 ILCS 5/6-102 | | | 19 | | 810 ILCS 5/9-610 | | | 20 | | 815 ILCS 205/4.05 | | | 21 | | 815 ILCS 405/26.5 new | | | 22 | | 815 ILCS 633/5 | | | 23 | | 815 ILCS 633/10 | | | 24 | | 815 ILCS 633/15 | | | 25 | | 815 ILCS 633/22 | | |
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| 1 | | 815 ILCS 636/37 | |
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