330 ILCS 63/ Illinois Service Member Civil Relief Act.

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VETERANS AND SERVICE MEMBERS
(330 ILCS 63/) Illinois Service Member Civil Relief Act.

330 ILCS 63/1

(330 ILCS 63/1)

Sec. 1. Short title. This Act may be cited as the Illinois Service Member Civil Relief Act.

(Source: P.A. 97-913, eff. 1-1-13.)

330 ILCS 63/5

(330 ILCS 63/5)

Sec. 5. Legislative intent.

 Nothing in this Act is intended to impair any existing right or benefit available to any service member.

(Source: P.A. 97-913, eff. 1-1-13.)

330 ILCS 63/10

    (330 ILCS 63/10)
    Sec. 10. Definitions. In this Act:

"Military service" means any  full-time training or duty, no matter how described under federal or State law, for which a service member is ordered to report by the President, Governor of a state, commonwealth, or territory of the United States, or other appropriate military authority.

"Primary occupant" means the current residential customer of record in whose name the utility company or electric cooperative account is registered.

"Service member" means a resident of Illinois who is a member of any component of the U.S. Armed Forces or the National Guard of any state, the District of Columbia, a commonwealth, or a territory of the United States.

"State Active Duty" has the same meaning ascribed to that term in Section 1-10 of the Service Member Employment and Reemployment Rights Act.

"Training or duty under Title 32 of the United States Code" has the same meaning ascribed to that term in Section 30.10 of the Military Code of Illinois.

(Source: P.A. 100-1101, eff. 1-1-19.)

330 ILCS 63/13

    (330 ILCS 63/13)
    Sec. 13. Contract termination.

(a)   Any person or service member who enters military service may, at any time after receiving military orders to relocate for a period of service of at least 90 days, terminate or suspend any of the following contracts for services:

        (1) Internet services;
        (2) television and cable services;
        (3) athletic club or gym memberships; and
        (4) satellite radio services.

(b)   Termination or suspension of a contract under this Section must be made by delivery of a written or electronic notice, along with a copy of the service member's official military orders calling him or her to military service, to the specified service provider. A termination or suspension under this Section is effective on the day notice is given under this subsection (b). A service member who terminates or suspends a contract for services under this Section,   and who is no longer in active military service, may reinstate the provision of service upon providing written or electronic notice to the service provider that he or she is no longer on active military service.

(c)   Nothing in this Section shall be construed to conflict with the provisions of the federal Servicemembers Civil Relief Act, or any other applicable provision of this Act.

(d) The provisions of this Section shall only apply to contracts entered into on and after the effective date of this amendatory Act of the 100th General Assembly.

(Source: P.A. 100-264, eff. 1-1-18.)

330 ILCS 63/15

(330 ILCS 63/15)

Sec. 15. Cellular phone contract.

Termination of a cellular phone contract involving a service member who enters military service shall be subject to the provisions of the Military Personnel Cellular Phone Contract Termination Act.

(Source: P.A. 97-913, eff. 1-1-13.)

330 ILCS 63/20

(330 ILCS 63/20)

Sec. 20. Bulk long distance telephone services.

Bulk long distance telephone services purchased by the Department of Central Management Services and made available  to persons in the immediate family of service members who have entered military service so that those persons in the service members' families can communicate with the service members shall be subject to Section 405-272 of the Department of Central Management Services Law of the Civil Administrative Code of Illinois.

(Source: P.A. 97-913, eff. 1-1-13.)

330 ILCS 63/25

(330 ILCS 63/25)

Sec. 25. Stoppage of gas or electricity; arrearage; municipality; electric company or cooperative.

(a) The stoppage of gas or electricity from entering the residential premises of which a service member was a primary occupant immediately before the service member entered military service for nonpayment of service shall be subject to Section 11-117-12.2 of the Illinois Municipal Code when the entity providing the gas or electrical service is a municipality owning a public utility, or shall be subject to Section 8-201.5 of the Public Utilities Act when the entity providing the gas or electrical service is a company or electric cooperative.

(b) Payment periods offered to a residential consumer  who is a service member upon his or her return from military service to pay off any arrearages incurred during the period of the residential consumer's service period shall be subject to Section 11-117-12.2 of the Illinois Municipal Code when the entity offering the payment period is a municipality owning a public utility, or shall be subject to Section 8-201.5 of the Public Utilities Act when the entity offering the payment period is a company or electric cooperative.

(c) In order to be eligible for the benefits granted to service members under this Section, a service member must provide the company or electric cooperative with a copy of the orders calling the service member to military service, or copies of orders further extending the service member's period of service, and provide documentation of hardship.  Further, in the event the service member no longer claims to be the primary occupant of the residential premises or the customer account of record changes, then the company or electric cooperative may enforce all applicable rules, regulations, and tariffs.

(Source: P.A. 97-913, eff. 1-1-13.)

330 ILCS 63/30

(330 ILCS 63/30)

Sec. 30. Life insurance policy.

The lapse or forfeiture of an individual life insurance policy insuring the life of  a service member who enters military service shall be subject to Section 224.05 of the Illinois Insurance Code.

(Source: P.A. 97-913, eff. 1-1-13.)

330 ILCS 63/35

(330 ILCS 63/35)
Sec. 35. Eviction action; residential premises of a tenant.

A residential eviction action, including eviction of a tenant who is a resident of a mobile home park, who is a service member that has entered military service, or of any member of the tenant's family who resides with the tenant, shall be subject to Section 9-107.10 of the Code of Civil Procedure.

(Source: P.A. 100-173, eff. 1-1-18.)

330 ILCS 63/40

(330 ILCS 63/40)

Sec. 40. Limitation on interest rate.

Interest or finance charges collected or charged to a service member who has entered military service, or the spouse of that service member, in connection with an obligation entered into on or after the date of August 22, 2005, but prior to the date that the service member entered military service, shall be subject to Section 4.05 of the Interest Act.

(Source: P.A. 97-913, eff. 1-1-13.)

330 ILCS 63/45

(330 ILCS 63/45)

Sec. 45. Termination of lease; motor vehicle.

The termination of a motor vehicle lease involving a service member who has entered military service or the spouse of that service member shall be subject to Section 37 of the Motor Vehicle Leasing Act.

(Source: P.A. 97-913, eff. 1-1-13.)

330 ILCS 63/50

(330 ILCS 63/50)

Sec. 50. Termination of property lease.

The termination of a lease for a mobile home lot, residential premises, or non-residential premises by a service member who has entered military service, or by the spouse of that service member, in conjunction with a lease entered  into on or after the effective date of this Act is subject to Section 16 of the Landlord and Tenant Act. The termination of a lease for farm or agricultural real property by a service member who has entered military service or by the spouse of that service member is subject to Section 9-206 of the Code of Civil Procedure and Section 16 of the Landlord and Tenant Act.

(Source: P.A. 97-913, eff. 1-1-13.)

330 ILCS 63/55

(330 ILCS 63/55)

Sec. 55. Stay of administrative contested case hearings.

The stay of an administrative contested case hearing involving a named party who is a service member that has entered military service shall be subject to Section 10-63 of the Illinois Administrative Procedure Act.

(Source: P.A. 97-913, eff. 1-1-13.)

330 ILCS 63/60

(330 ILCS 63/60)

Sec. 60. Default judgment protection.

Relief from a final order or judgment entered by default against a service member who has entered military service is subject to Section 2-1401.1 of the Code of Civil Procedure.

(Source: P.A. 97-913, eff. 1-1-13.)

330 ILCS 63/65

(330 ILCS 63/65)

Sec. 65. Property repossession under retail installment sales.

The repossession of personal property pursuant to a retail  installment sales contract entered into before the buyer has entered military service and on or after the effective date of this Act that relates to the personal property of the service member is subject to Section 26.5 of the Retail Installment Sales Act  and Section 9-610 of the Uniform Commercial Code.

(Source: P.A. 97-913, eff. 1-1-13.)

330 ILCS 63/70

(330 ILCS 63/70)

Sec. 70. Protection against foreclosure or a judicial sale in a foreclosure.

Foreclosure and a judicial sale pursuant to a foreclosure against a service member who has entered military service in conjunction with a mortgage agreement entered into before the mortgagor entered military service and on or after the effective date of this Act is subject to Section 15-1501.6 of the Code of Civil Procedure.

(Source: P.A. 97-913, eff. 1-1-13.)

330 ILCS 63/75

(330 ILCS 63/75)

Sec. 75. Stay of prosecution; civil matters.

The stay, postponement, or suspension of the enforcement of any civil obligation or liability, the prosecution of any civil suit or proceeding, or the entry or enforcement of any civil order, writ, judgment, or decree involving a service member who has entered military service shall be subject to Section 30.25 of the Military  Code of Illinois.

(Source: P.A. 97-913, eff. 1-1-13.)

330 ILCS 63/80

(330 ILCS 63/80)

Sec. 80. School attendance and tuition.

A full monetary credit or refund for funds paid to any Illinois public university, college, or community college on behalf of any service member who enters military service shall be subject to Section 30.30 of the Military Code of Illinois.

(Source: P.A. 97-913, eff. 1-1-13.)

330 ILCS 63/900

(330 ILCS 63/900)

Sec. 900. (Amendatory provisions; text omitted).