Illinois General Assembly

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 Bill Status of SB3287  97th General Assembly


Short Description:  SERVICEMEMBER PROTECTIONS

Senate Sponsors
Sen. Antonio Muņoz - Dan Kotowski - Kirk W. Dillard, Mattie Hunter, Gary Forby and Martin A. Sandoval

House Sponsors
(Rep. Elaine Nekritz - Jim Watson - Elizabeth Hernandez - Lisa M. Dugan - Lawrence M. Walsh, Jr., David Harris, Michael P. McAuliffe, Eddie Lee Jackson, Sr., Michelle Mussman, Carol A. Sente, Jerry F. Costello, II, Fred Crespo, Keith Farnham, Emily McAsey, Daniel V. Beiser, Jehan A. Gordon, Naomi D. Jakobsson, Edward J. Acevedo, Cynthia Soto, John D'Amico, Maria Antonia Berrios, Dena M. Carli, Daniel J. Burke, Karen A. Yarbrough, Jack D. Franks, Linda Chapa LaVia, Donald L. Moffitt, Sidney H. Mathias and Kay Hatcher)

Last Action
DateChamber Action
  8/9/2012SenatePublic Act . . . . . . . . . 97-0913

Statutes Amended In Order of Appearance
New Act
5 ILCS 100/10-63 new
20 ILCS 5/5-715 new
20 ILCS 405/405-272
20 ILCS 1805/30.25
20 ILCS 1805/30.30
65 ILCS 5/11-117-12.2
215 ILCS 5/224.05
220 ILCS 5/8-201.5
330 ILCS 60/5.2
735 ILCS 5/2-1401.1 new
735 ILCS 5/9-107.10
735 ILCS 5/9-206from Ch. 110, par. 9-206
735 ILCS 5/15-1501.6 new
765 ILCS 705/16 new
775 ILCS 5/6-102
810 ILCS 5/9-610
815 ILCS 205/4.05
815 ILCS 405/26.5 new
815 ILCS 633/5
815 ILCS 633/10
815 ILCS 633/15
815 ILCS 633/22
815 ILCS 636/37


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

Senate Committee Amendment No. 2
In the provision of the Illinois Service Member Civil Relief Act concerning the stoppage of gas or electricity and arrearages with regard to municipalities, electric companies, or cooperatives, provides that in order to be eligible for the benefits granted to service members under the provision, a service member must provide the company or electric cooperative with a copy of the orders calling the service member to military service, or copies of orders further extending the service member's period of service, and claim hardship. Provides that in order to establish a hardship, the primary occupant must demonstrate to the company or electric cooperative's satisfaction that as a service member his or her military service has materially and currently affected his or her ability to pay for such services when due and that in the event the service member no longer claims to be the primary occupant of the residential premises or the customer account of record changes, then the company or electric cooperative may enforce all applicable rules, regulations, and tariffs. Sets forth a definition for "primary occupant". Further amends the various Acts in the bill to make changes in the definition of "military service" and to provide that in order for a service member to be eligible for certain benefits or exercise certain rights, the service member must demonstrate that his or her military service has been in excess of 29 consecutive days. Makes a technical change.

House Committee Amendment No. 1
Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. In the Illinois Service Member Civil Relief Act, provides that in order to be eligible for the benefits granted to service members under the provision concerning the stoppage of gas or electricity, arrearages, municipalities, and electric companies or cooperatives, a service member must provide the company or electric cooperative with a copy of the orders calling the service member to military service, or copies of orders further extending the service member's period of service, and provide documentation of hardship (rather than claim hardship). Deletes a provision concerning establishing hardship. Further amends the Illinois Municipal Code. Sets forth a definition for "primary occupant" and makes changes to the requirements for a service member to be eligible for the benefits granted under the provision concerning military personnel in military service, prohibited stoppage of gas or electricity, and arrearages. Further amends the Public Utilities Act. Provides that no company or electric cooperative shall for nonpayment stop gas or electricity from entering the residential premises that was the primary residence of a service member immediately before the service member was assigned to military service (rather than no company or electric cooperative shall stop gas or electricity from entering the residential premises of which a service member was a primary occupant immediately before the service member was deployed on active duty for nonpayment for gas or electricity supplied to the residential premises). Adds a provision permitting a public utility to recover uncollectible costs it incurs when complying with this prohibition. Adds a provision permitting the Illinois Commerce Commission to initiate a rulemaking proceeding to establish certain rules. Further amends the Code of Civil Procedure. Makes changes in the provision concerning actions for foreclosure and deletes a provision concerning motions filed by a mortgagor or any member of the mortgagor's family who resides with the mortgagor. Further amends the Military Personnel Cellular Phone Contract Termination Act. Includes notification requirements with regard to the termination of a cellular phone contract.

House Floor Amendment No. 2
Further amends the Public Utilities Act to provide that in order to be eligible for the benefits granted to a service member under the provision concerning military personnel in military service, a service member who receives utility services from a not-for-profit cooperative must provide the cooperative with documentation that his or her military service materially affects his or her ability to pay for the services when payment is due. Makes a technical change.

Actions 
DateChamber Action
  2/7/2012SenateFiled with Secretary by Sen. Dan Kotowski
  2/7/2012SenateFirst Reading
  2/7/2012SenateReferred to Assignments
  2/17/2012SenateAssigned to Judiciary
  2/23/2012SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Dan Kotowski
  2/23/2012SenateSenate Committee Amendment No. 1 Referred to Assignments
  2/24/2012SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Dan Kotowski
  2/24/2012SenateSenate Committee Amendment No. 2 Referred to Assignments
  2/27/2012SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  2/27/2012SenateSenate Committee Amendment No. 2 Assignments Refers to Judiciary
  2/28/2012SenateSenate Committee Amendment No. 1 Held in Judiciary
  2/28/2012SenateSenate Committee Amendment No. 2 Adopted
  2/28/2012SenateDo Pass as Amended Judiciary; 011-000-000
  2/28/2012SenatePlaced on Calendar Order of 2nd Reading February 29, 2012
  2/28/2012SenateChief Sponsor Changed to Sen. Antonio Muņoz
  2/28/2012SenateAdded as Chief Co-Sponsor Sen. Dan Kotowski
  3/1/2012SenateAdded as Chief Co-Sponsor Sen. Kirk W. Dillard
  3/8/2012SenateSecond Reading
  3/8/2012SenatePlaced on Calendar Order of 3rd Reading March 21, 2012
  3/9/2012SenateSenate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments
  3/22/2012SenateThird Reading - Passed; 043-004-001
  3/22/2012SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  3/22/2012HouseArrived in House
  3/23/2012HouseChief House Sponsor Rep. Elaine Nekritz
  3/23/2012HousePlaced on Calendar Order of First Reading
  3/23/2012HouseFirst Reading
  3/23/2012HouseReferred to Rules Committee
  3/26/2012HouseAdded Alternate Co-Sponsor Rep. David Harris
  3/26/2012HouseAdded Alternate Co-Sponsor Rep. Michael P. McAuliffe
  3/26/2012HouseAdded Alternate Co-Sponsor Rep. Eddie Lee Jackson, Sr.
  3/26/2012HouseAdded Alternate Chief Co-Sponsor Rep. Jim Watson
  3/26/2012HouseAdded Alternate Chief Co-Sponsor Rep. Elizabeth Hernandez
  3/28/2012SenateAdded as Co-Sponsor Sen. Mattie Hunter
  4/10/2012HouseAssigned to State Government Administration Committee
  4/16/2012HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Elaine Nekritz
  4/16/2012HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  4/17/2012SenateAdded as Co-Sponsor Sen. Gary Forby
  4/19/2012HouseAdded Alternate Co-Sponsor Rep. Lisa M. Dugan
  4/19/2012HouseAlternate Co-Sponsor Removed Rep. Lisa M. Dugan
  4/24/2012HouseHouse Committee Amendment No. 1 Rules Refers to State Government Administration Committee
  4/25/2012HouseHouse Committee Amendment No. 1 Adopted in State Government Administration Committee; by Voice Vote
  4/25/2012HouseDo Pass as Amended / Short Debate State Government Administration Committee; 014-000-000
  4/25/2012HouseAdded Alternate Chief Co-Sponsor Rep. Lisa M. Dugan
  4/26/2012HousePlaced on Calendar 2nd Reading - Short Debate
  4/26/2012HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Elaine Nekritz
  4/26/2012HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/30/2012HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 003-000-000
  5/2/2012HouseSecond Reading - Short Debate
  5/2/2012HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  5/2/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/9/2012HouseAdded Alternate Chief Co-Sponsor Rep. Lawrence M. Walsh, Jr.
  5/9/2012HouseAdded Alternate Co-Sponsor Rep. Michelle Mussman
  5/9/2012HouseAdded Alternate Co-Sponsor Rep. Carol A. Sente
  5/9/2012HouseAdded Alternate Co-Sponsor Rep. Jerry F. Costello, II
  5/9/2012HouseAdded Alternate Co-Sponsor Rep. Fred Crespo
  5/9/2012HouseAdded Alternate Co-Sponsor Rep. Keith Farnham
  5/9/2012HouseAdded Alternate Co-Sponsor Rep. Emily McAsey
  5/9/2012HouseAdded Alternate Co-Sponsor Rep. Daniel V. Beiser
  5/9/2012HouseAdded Alternate Co-Sponsor Rep. Jehan A. Gordon
  5/10/2012HouseAdded Alternate Co-Sponsor Rep. Naomi D. Jakobsson
  5/18/2012HouseAdded Alternate Co-Sponsor Rep. Edward J. Acevedo
  5/23/2012HouseThird Reading - Short Debate - Passed 117-000-000
  5/23/2012HouseAdded Alternate Co-Sponsor Rep. Cynthia Soto
  5/23/2012HouseAdded Alternate Co-Sponsor Rep. John D'Amico
  5/23/2012HouseAdded Alternate Co-Sponsor Rep. Maria Antonia Berrios
  5/23/2012HouseAdded Alternate Co-Sponsor Rep. Dena M. Carli
  5/23/2012HouseAdded Alternate Co-Sponsor Rep. Daniel J. Burke
  5/23/2012HouseAdded Alternate Co-Sponsor Rep. Karen A. Yarbrough
  5/23/2012HouseAdded Alternate Co-Sponsor Rep. Jack D. Franks
  5/23/2012HouseAdded Alternate Co-Sponsor Rep. Linda Chapa LaVia
  5/23/2012HouseAdded Alternate Co-Sponsor Rep. Donald L. Moffitt
  5/23/2012HouseAdded Alternate Co-Sponsor Rep. Sidney H. Mathias
  5/23/2012HouseAdded Alternate Co-Sponsor Rep. Kay Hatcher
  5/23/2012SenateSecretary's Desk - Concurrence House Amendment(s) 1, 2
  5/23/2012SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 24, 2012
  5/24/2012SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Antonio Muņoz
  5/24/2012SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  5/24/2012SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Antonio Muņoz
  5/24/2012SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Assignments
  5/25/2012SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Judiciary
  5/25/2012SenateHouse Floor Amendment No. 2 Motion to Concur Assignments Referred to Judiciary
  5/28/2012SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 010-000-000
  5/28/2012SenateHouse Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Judiciary; 010-000-000
  5/30/2012SenateHouse Committee Amendment No. 1 Senate Concurs 056-000-000
  5/30/2012SenateHouse Floor Amendment No. 2 Senate Concurs 056-000-000
  5/30/2012SenatePassed Both Houses
  5/31/2012SenateAdded as Co-Sponsor Sen. Martin A. Sandoval
  6/28/2012SenateSent to the Governor
  8/9/2012SenateGovernor Approved
  8/9/2012SenateEffective Date January 1, 2013
  8/9/2012SenatePublic Act . . . . . . . . . 97-0913

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