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Full Text of SB3287  97th General Assembly

SB3287enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Illinois Service Member Civil Relief Act.
 
6    Section 5. Legislative intent. Nothing in this Act is
7intended to impair any existing right or benefit available to
8any service member.
 
9    Section 10. Definitions. In this Act:
10    "Military service" means any full-time training or duty, no
11matter how described under federal or State law, for which a
12service member is ordered to report by the President, Governor
13of a state, commonwealth, or territory of the United States, or
14other appropriate military authority.
15    "Primary occupant" means the current residential customer
16of record in whose name the utility company or electric
17cooperative account is registered.
18    "Service member" means a resident of Illinois who is a
19member of any component of the U.S. Armed Forces or the
20National Guard of any state, the District of Columbia, a
21commonwealth, or a territory of the United States.
22    "State Active Duty" has the same meaning ascribed to that

 

 

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1term in Section 30.10 of the Military Code of Illinois.
2    "Training or duty under Title 32 of the United States Code"
3has the same meaning ascribed to that term in Section 30.10 of
4the Military Code of Illinois.
 
5    Section 15. Cellular phone contract. Termination of a
6cellular phone contract involving a service member who enters
7military service shall be subject to the provisions of the
8Military Personnel Cellular Phone Contract Termination Act.
 
9    Section 20. Bulk long distance telephone services. Bulk
10long distance telephone services purchased by the Department of
11Central Management Services and made available to persons in
12the immediate family of service members who have entered
13military service so that those persons in the service members'
14families can communicate with the service members shall be
15subject to Section 405-272 of the Department of Central
16Management Services Law of the Civil Administrative Code of
17Illinois.
 
18    Section 25. Stoppage of gas or electricity; arrearage;
19municipality; electric company or cooperative.
20    (a) The stoppage of gas or electricity from entering the
21residential premises of which a service member was a primary
22occupant immediately before the service member entered
23military service for nonpayment of service shall be subject to

 

 

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1Section 11-117-12.2 of the Illinois Municipal Code when the
2entity providing the gas or electrical service is a
3municipality owning a public utility, or shall be subject to
4Section 8-201.5 of the Public Utilities Act when the entity
5providing the gas or electrical service is a company or
6electric cooperative.
7    (b) Payment periods offered to a residential consumer who
8is a service member upon his or her return from military
9service to pay off any arrearages incurred during the period of
10the residential consumer's service period shall be subject to
11Section 11-117-12.2 of the Illinois Municipal Code when the
12entity offering the payment period is a municipality owning a
13public utility, or shall be subject to Section 8-201.5 of the
14Public Utilities Act when the entity offering the payment
15period is a company or electric cooperative.
16    (c) In order to be eligible for the benefits granted to
17service members under this Section, a service member must
18provide the company or electric cooperative with a copy of the
19orders calling the service member to military service, or
20copies of orders further extending the service member's period
21of service, and provide documentation of hardship. Further, in
22the event the service member no longer claims to be the primary
23occupant of the residential premises or the customer account of
24record changes, then the company or electric cooperative may
25enforce all applicable rules, regulations, and tariffs.
 

 

 

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1    Section 30. Life insurance policy. The lapse or forfeiture
2of an individual life insurance policy insuring the life of a
3service member who enters military service shall be subject to
4Section 224.05 of the Illinois Insurance Code.
 
5    Section 35. Action for possession of residential premises
6of a tenant. An action for possession of residential premises
7of a tenant, including a tenant who is a resident of a mobile
8home park, who is a service member that has entered military
9service, or of any member of the tenant's family who resides
10with the tenant shall be subject to Section 9-107.10 of the
11Code of Civil Procedure.
 
12    Section 40. Limitation on interest rate. Interest or
13finance charges collected or charged to a service member who
14has entered military service, or the spouse of that service
15member, in connection with an obligation entered into on or
16after the date of August 22, 2005, but prior to the date that
17the service member entered military service, shall be subject
18to Section 4.05 of the Interest Act.
 
19    Section 45. Termination of lease; motor vehicle. The
20termination of a motor vehicle lease involving a service member
21who has entered military service or the spouse of that service
22member shall be subject to Section 37 of the Motor Vehicle
23Leasing Act.
 

 

 

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1    Section 50. Termination of property lease. The termination
2of a lease for a mobile home lot, residential premises, or
3non-residential premises by a service member who has entered
4military service, or by the spouse of that service member, in
5conjunction with a lease entered into on or after the effective
6date of this Act is subject to Section 16 of the Landlord and
7Tenant Act. The termination of a lease for farm or agricultural
8real property by a service member who has entered military
9service or by the spouse of that service member is subject to
10Section 9-206 of the Code of Civil Procedure and Section 16 of
11the Landlord and Tenant Act.
 
12    Section 55. Stay of administrative contested case
13hearings. The stay of an administrative contested case hearing
14involving a named party who is a service member that has
15entered military service shall be subject to Section 10-63 of
16the Illinois Administrative Procedure Act.
 
17    Section 60. Default judgment protection. Relief from a
18final order or judgment entered by default against a service
19member who has entered military service is subject to Section
202-1401.1 of the Code of Civil Procedure.
 
21    Section 65. Property repossession under retail installment
22sales. The repossession of personal property pursuant to a

 

 

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1retail installment sales contract entered into before the buyer
2has entered military service and on or after the effective date
3of this Act that relates to the personal property of the
4service member is subject to Section 26.5 of the Retail
5Installment Sales Act and Section 9-610 of the Uniform
6Commercial Code.
 
7    Section 70. Protection against foreclosure or a judicial
8sale in a foreclosure. Foreclosure and a judicial sale pursuant
9to a foreclosure against a service member who has entered
10military service in conjunction with a mortgage agreement
11entered into before the mortgagor entered military service and
12on or after the effective date of this Act is subject to
13Section 15-1501.6 of the Code of Civil Procedure.
 
14    Section 75. Stay of prosecution; civil matters. The stay,
15postponement, or suspension of the enforcement of any civil
16obligation or liability, the prosecution of any civil suit or
17proceeding, or the entry or enforcement of any civil order,
18writ, judgment, or decree involving a service member who has
19entered military service shall be subject to Section 30.25 of
20the Military Code of Illinois.
 
21    Section 80. School attendance and tuition. A full monetary
22credit or refund for funds paid to any Illinois public
23university, college, or community college on behalf of any

 

 

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1service member who enters military service shall be subject to
2Section 30.30 of the Military Code of Illinois.
 
3    Section 900. The Illinois Administrative Procedure Act is
4amended by adding Section 10-63 as follows:
 
5    (5 ILCS 100/10-63 new)
6    Sec. 10-63. Stay of contested case hearings; military.
7    (a) In this Section:
8    "Military service" means any full-time training or duty, no
9matter how described under federal or State law, for which a
10service member is ordered to report by the President, Governor
11of a state, commonwealth, or territory of the United States, or
12other appropriate military authority.
13    "Service member" means a resident of Illinois who is a
14member of any component of the U.S. Armed Forces or the
15National Guard of any state, the District of Columbia, a
16commonwealth, or a territory of the United States.
17    (b) In a contested case in which a named party is a service
18member who has entered military service, for a period of 14
19days that follow the conclusion of military service, the
20administrative law judge shall, upon motion made by or on
21behalf of the service member, stay the hearing for a period of
2290 days if the service member's ability to appear at the
23hearing is materially affected by his or her military service.
24    (c) In order to be eligible for the benefits granted to

 

 

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1service members under this Section, a service member must
2demonstrate that his or her military service has been in excess
3of 29 consecutive days and has materially affected his or her
4ability to attend the hearing by submitting a letter to the
5administrative law judge from the service member's commanding
6officer stating that the service member's military duty has
7prevented the service member from appearing at the hearing and
8that military leave has not been authorized. The service member
9must also provide the administrative law judge with an
10approximate date of availability.
11    (d) Additional stays of the contested case hearing shall be
12permitted at the discretion of the administrative law judge if
13all of the requirements of this Section are met.
14    (e) A violation of this Section constitutes a civil rights
15violation under the Illinois Human Rights Act. All proceeds
16from the collection of any civil penalty imposed under this
17subsection shall be deposited into the Illinois Military Family
18Relief Fund.
 
19    Section 905. The Civil Administrative Code of Illinois is
20amended by adding Section 5-715 as follows:
 
21    (20 ILCS 5/5-715 new)
22    Sec. 5-715. Deadline extensions for service members.
23    (a) In this Section:
24    "Military service" means any full-time training or duty, no

 

 

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1matter how described under federal or State law, for which a
2service member is ordered to report by the President, Governor
3of a state, commonwealth, or territory of the United States, or
4other appropriate military authority.
5    "Service member" means a resident of Illinois who is a
6member of any component of the U.S. Armed Forces or the
7National Guard of any state, the District of Columbia, a
8commonwealth, or a territory of the United States.
9    (b) Each director of a department is authorized to extend
10any deadline established by that director or department for a
11service member who has entered military service in excess of 29
12consecutive days. The director may extend the deadline for a
13period not more than twice the length of the service member's
14required military service.
 
15    Section 910. The Department of Central Management Services
16Law of the Civil Administrative Code of Illinois is amended by
17changing Section 405-272 as follows:
 
18    (20 ILCS 405/405-272)
19    Sec. 405-272. Bulk long distance telephone services for
20military personnel in military service on active duty.
21    (a) In this Section:
22    "Active duty" means active duty pursuant to an executive
23order of the President of the United States, an act of the
24Congress of the United States, or an order of the Governor.

 

 

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1    "Immediate family" means a service member's spouse
2residing in the service member's household, brothers and
3sisters of the whole or of the half blood, children, including
4adopted children and stepchildren, parents, and grandparents.
5    "Military service" means any full-time training or duty, no
6matter how described under federal or State law, for which a
7service member is ordered to report by the President, Governor
8of a state, commonwealth, or territory of the United States, or
9other appropriate military authority.
10    "Service member" means a resident of Illinois who is a
11member of any component of the U.S. Armed Forces or the
12National Guard of any state, the District of Columbia, a
13commonwealth, or a territory of the United States member of the
14armed services or reserve forces of the United States or a
15member of the Illinois National Guard.
16    (b) The Department may enter into a contract to purchase
17bulk long distance telephone services and make them available
18at cost, or may make bulk long distance telephone services
19available at cost under any existing contract the Department
20has entered into, to persons in the immediate family of service
21members that have entered military service deployed on active
22duty so that those persons in the service members' families can
23communicate with the service members so deployed. If the
24Department enters into a contract under this Section, it shall
25do so in accordance with the Illinois Procurement Code and in a
26nondiscriminatory manner that does not place any potential

 

 

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1vendor at a competitive disadvantage.
2    (c) In order to be eligible to use bulk long distance
3telephone services purchased by the Department under this
4Section, a service member or person in the service member's
5immediate family must provide the Department with a copy of the
6military or gubernatorial orders calling the service member to
7military service in excess of 29 consecutive days active duty
8and of any orders further extending the service member's period
9of military service active duty.
10    (d) If the Department enters into a contract under this
11Section, the Department shall adopt rules as necessary to
12implement this Section.
13(Source: P.A. 94-635, eff. 8-22-05.)
 
14    Section 915. The Military Code of Illinois is amended by
15changing Sections 30.25 and 30.30 as follows:
 
16    (20 ILCS 1805/30.25)
17    Sec. 30.25. Stay of prosecution. During and for a period of
1814 days after a period of military service training or duty in
19excess of 29 days either under Title 32 of the United States
20Code or under State Active Duty, a court having jurisdiction
21over the enforcement of any civil obligation or liability, the
22prosecution of any civil suit or proceeding, or the entry or
23enforcement of any civil order, writ, judgment, or decree may
24stay, postpone, or suspend the matter if the court determines

 

 

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1that a service member's person's failure to meet the obligation
2is the direct result of that period of military service
3training or duty. The stay, postponement, or suspension of
4proceedings does not in any way modify any condition,
5obligation, term, or liability agreed upon or incurred by a
6person in military service including but not limited to accrued
7interest, late fees, or penalties. No stay, postponement, or
8suspension shall be provided regarding any written agreement
9entered into, or debt that is incurred, by the person during or
10after his or her period of military service training or duty
11either under Title 32 of the United States Code or under State
12Active Duty. A violation of this Section constitutes a civil
13rights violation under the Illinois Human Rights Act. All
14proceeds from the collection of any civil penalty imposed under
15this Section shall be deposited into the Illinois Military
16Family Relief Fund.
17(Source: P.A. 92-716, eff. 7-24-02.)
 
18    (20 ILCS 1805/30.30)
19    Sec. 30.30. School attendance and tuition. Any service
20member that enters military service person in federal active
21duty under Title 10 of the United States Code, or in training
22or duty under Title 32 of the United States Code, or in State
23Active Duty, pursuant to the orders of the Governor has the
24right to receive a full monetary credit or refund for funds
25paid to any Illinois public university, college, or community

 

 

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1college if the service member person is placed into a period of
2military service with the State of Illinois pursuant to the
3orders of the Governor and is unable to attend the university
4or college for a period of 7 or more days. Withdrawal from the
5course shall not impact upon the final grade point average of
6the service member person. If any service member person who has
7been enrolled in any Illinois public university, college, or
8community college is unable to process his or her enrollment
9for the upcoming term, he or she shall have any and all late
10penalties and or charges set aside, including any and all late
11processing fees for books, lab fees, and all items that were
12not in place because the service member person was engaged in
13military service and was unable to enroll in the courses at the
14appropriate time. The rights set forth in this Section are in
15addition to any rights afforded to persons in military service
16with the State of Illinois pursuant to the orders of the
17Governor under the policies of an Illinois public university,
18college, or community college. A violation of this Section
19constitutes a civil rights violation under the Illinois Human
20Rights Act. All proceeds from the collection of any civil
21penalty imposed under this Section shall be deposited into the
22Illinois Military Family Relief Fund.
23(Source: P.A. 92-716, eff. 7-24-02.)
 
24    Section 920. The Illinois Municipal Code is amended by
25changing Section 11-117-12.2 as follows:
 

 

 

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1    (65 ILCS 5/11-117-12.2)
2    Sec. 11-117-12.2. Military personnel in military service
3on active duty; no stoppage of gas or electricity; arrearage.
4    (a) In this Section:
5    "Military service" means any full-time training or duty, no
6matter how described under federal or State law, for which a
7service member is ordered to report by the President, Governor
8of a state, commonwealth, or territory of the United States, or
9other appropriate military authority.
10    "Primary occupant" means the current residential customer
11of record in whose name the account is registered with the
12municipality owning a public utility.
13    "Active duty" means active duty pursuant to an executive
14order of the President of the United States, an act of the
15Congress of the United States, or an order of the Governor.
16    "Service member" means a resident of Illinois who is a
17member of any component of the U.S. Armed Forces or the
18National Guard of any state, the District of Columbia, a
19commonwealth, or a territory of the United States member of the
20armed services or reserve forces of the United States or a
21member of the Illinois National Guard.
22    (b) No municipality owning a public utility shall stop gas
23or electricity from entering the residential premises of which
24a service member was a primary occupant immediately before the
25service member entered military service was deployed on active

 

 

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1duty for nonpayment for gas or electricity supplied to the
2residential premises.
3    (c) Upon the return from military service active duty of a
4residential consumer who is a service member, the municipality
5shall offer the residential consumer a period equal to at least
6the period of the residential consumer's military service
7deployment on active duty to pay any arrearages incurred during
8the period of the residential consumer's military service
9deployment. The municipality shall inform the residential
10consumer that, if the period the municipality offers presents a
11hardship to the consumer, the consumer may request a longer
12period to pay the arrearages.
13    (d) In order to be eligible for the benefits granted to a
14service member under this Section, a service member must
15provide the municipality owning a public utility with a copy of
16the orders calling the service member to military service in
17excess of 29 consecutive days or copies of orders further
18extending the service member's period of service and provide
19documentation that his or her military service materially
20affects his or her ability to pay for such services when due.
21In the event the service member no longer claims to be the
22primary occupant of the residential premises, or if the
23customer account of record changes, then the municipality
24owning a public utility may enforce all applicable rules,
25regulations, and tariffs. In order to be eligible for the
26benefits granted to service members under this Section, a

 

 

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1service member must provide the municipality with a copy of the
2military or gubernatorial orders calling the service member to
3active duty and of any orders further extending the service
4member's period of active duty.
5    (e) A violation of this Section constitutes a civil rights
6violation under the Illinois Human Rights Act.
7    All proceeds from the collection of any civil penalty
8imposed under this subsection shall be deposited into the
9Illinois Military Family Relief Fund.
10(Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06;
1195-392, eff. 8-23-07.)
 
12    Section 925. The Illinois Insurance Code is amended by
13changing Section 224.05 as follows:
 
14    (215 ILCS 5/224.05)
15    Sec. 224.05. Military personnel in military service on
16active duty; no lapse of life insurance policy.
17    (a) Except as provided in subsection (b), this Section
18shall apply to any individual life insurance policy insuring
19the life of a resident of Illinois who is a member of any
20component of the U.S. Armed Forces or the National Guard of any
21state, the District of Columbia, a commonwealth, or a territory
22of the United States member of the armed services or reserve
23forces of the United States or a member of the Illinois
24National Guard who has entered any full-time training or duty

 

 

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1which the service member was ordered to report by the
2President, Governor of a state, commonwealth, or territory of
3the United States, or other appropriate military authority, if
4the life insurance is on active duty pursuant to an executive
5order of the President of the United States, an act of the
6Congress of the United States, or an order of the Governor, if
7the life insurance policy meets both of the following
8conditions:
9        (1) The policy has been in force for at least 180 days.
10        (2) The policy has been brought within the
11    "Servicemembers Civil Relief Act," 117 Stat. 2835 (2003),
12    50 U.S.C. App. 541 and following.
13    (b) This Section does not apply to any policy that was
14cancelled or that had lapsed for the nonpayment of premiums
15prior to the commencement of the insured's period of military
16service.
17    (c) An individual life insurance policy described in this
18Section shall not lapse or be forfeited for the nonpayment of
19premiums during the military service of a service member in
20excess of 29 consecutive days member of the armed services or
21reserve forces of the United States or a member of the Illinois
22National Guard or during the 2-year period subsequent to the
23end of the member's period of military service.
24    (d) In order to be eligible for the benefits granted to
25service members under this Section, a service member must
26provide the life insurance company with a copy of the military

 

 

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1or gubernatorial orders calling the service member to military
2service active duty and of any orders further extending the
3service member's period of service active duty.
4    (e) This Section does not limit a life insurance company's
5enforcement of provisions in the insured's policy relating to
6naval or military service in time of war.
7    (f) A violation of this Section constitutes a civil rights
8violation under the Illinois Human Rights Act.
9    All proceeds from the collection of any civil penalty
10imposed under this subsection shall be deposited into the
11Illinois Military Family Relief Fund.
12(Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06;
1395-392, eff. 8-23-07.)
 
14    Section 930. The Public Utilities Act is amended by
15changing Section 8-201.5 as follows:
 
16    (220 ILCS 5/8-201.5)
17    Sec. 8-201.5. Military personnel in military service on
18active duty; no stoppage of gas or electricity; arrearage.
19    (a) In this Section:
20    "Military service" means any full-time training or duty, no
21matter how described under federal or State law, for which a
22service member is ordered to report by the President, Governor
23of a state, commonwealth, or territory of the United States, or
24other appropriate military authority.

 

 

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1    "Active duty" means active duty pursuant to an executive
2order of the President of the United States, an act of the
3Congress of the United States, or an order of the Governor.
4    "Service member" means a resident of Illinois who is a
5member of any component of the U.S. Armed Forces or the
6National Guard of any state, the District of Columbia, a
7commonwealth, or a territory of the United States member of the
8armed services or reserve forces of the United States or a
9member of the Illinois National Guard.
10    (b) No company or electric cooperative shall for nonpayment
11stop gas or electricity from entering the residential premises
12that was the primary residence of which a service member was a
13primary occupant immediately before the service member was
14assigned to military service was deployed on active duty for
15nonpayment for gas or electricity supplied to the residential
16premises.
17    (c) In order to be eligible for the benefits granted to
18service members under this Section, a service member must
19provide the company or electric cooperative with a copy of the
20military or gubernatorial orders calling the service member to
21military service in excess of 29 consecutive days active duty
22and of any orders further extending the service member's period
23of service active duty.
24    (d) Upon the return from military service active duty of a
25residential consumer who is a service member, the company or
26electric cooperative shall offer the residential consumer a

 

 

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1period equal to at least the period of military service
2deployment on active duty to pay any arrearages incurred during
3the period of the residential consumer's military service
4deployment. The company or electric cooperative shall inform
5the residential consumer that, if the period that the company
6or electric cooperative offers presents a hardship to the
7consumer, the consumer may request a longer period to pay the
8arrearages and, in the case of a company that is a public
9utility, may request the assistance of the Illinois Commerce
10Commission to obtain a longer period. No late payment fees or
11interest shall be charged to the residential consumer during
12the period of military service deployment or the repayment
13period.
14    (e) A public utility shall be permitted to recover the
15uncollectible costs it incurs in complying with the
16requirements of this Section, including through the utility's
17automatic adjustment clause tariff authorized under either
18Section 16-111.8 or Section 19-145 of this Act. In the event
19that a public utility does not have such a tariff in effect,
20then the public utility shall recover such costs consistent
21with the rules established by the Illinois Commerce Commission
22pursuant to subparagraph (3) of subsection (f) of this Section.
23    (f) The Illinois Commerce Commission shall initiate a
24rulemaking proceeding to establish rules regarding, at a
25minimum:
26        (1) what documents or proof the service member must

 

 

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1    provide to the public utility to establish that the
2    residential premises was the primary residence of the
3    service member immediately before the service member
4    entered military service;
5        (2) what constitutes "hardship to the consumer" as that
6    term is used in subsection (d) of this Section; and
7        (3) the mechanism or mechanisms pursuant to which a
8    public utility that does not have in effect an automatic
9    adjustment clause tariff under either Section 16-111.8 or
10    Section 19-145 of this Act shall recover the uncollectible
11    costs it incurs in complying with the requirements of this
12    Section.
13    (g) In order to be eligible for the benefits granted to a
14service member under this Section, a service member who
15receives utility services from a not-for-profit cooperative
16must provide the cooperative with documentation that his or her
17military service materially affects his or her ability to pay
18for the services when payment is due.
19    (h) (e) A violation of this Section constitutes a civil
20rights violation under the Illinois Human Rights Act.
21    All proceeds from the collection of any civil penalty
22imposed under this subsection shall be deposited into the
23Illinois Military Family Relief Fund.
24(Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06;
2595-392, eff. 8-23-07.)
 

 

 

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1    Section 935. The Service Member's Employment Tenure Act is
2amended by changing Section 5.2 as follows:
 
3    (330 ILCS 60/5.2)
4    Sec. 5.2. School attendance and tuition.
5    (a) Any person in military service with the State of
6Illinois or in federal active duty service pursuant to the
7orders of the President of the United States or the Governor
8has the right to receive a full monetary credit or refund for
9funds paid to any Illinois public university, college or
10community college if the person is placed into a period of
11military service pursuant to the orders of the President of the
12United States or the Governor and is unable to attend the
13university or college for a period of 7 or more days.
14Withdrawal from the course shall not impact upon the final
15grade point average of the person. If any person who has been
16enrolled in any Illinois public university, college, or
17community college is unable to process his or her enrollment
18for the upcoming term, he or she shall have any and all late
19penalties and or charges set aside, including any and all late
20processing fees for books, lab fees, and all items that were
21not in place because the person was engaged in military service
22and was unable to enroll in the courses at the appropriate
23time.
24    A service member enrolled in an institution of higher
25learning who is unable, because of his or her military service,

 

 

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1to attend classes on a particular day or days has the right to
2be excused and to reschedule a course examination administered
3on such day or days. The faculty and administrative officials
4shall make available to the service member an equivalent
5opportunity to make up any examination he or she has missed
6because of his or her military service.
7    The rights set forth in this Section are in addition to any
8rights afforded to persons in military service with the State
9of Illinois or in federal active duty service pursuant to the
10orders of the President of the United States or the Governor
11under the policies of an Illinois public university, college,
12or community college.
13    (b) For the purposes of this Section:
14    "Institution of higher learning" has the same meaning as in
15Section 10 of the Higher Education Student Assistance Act.
16    "Military service" means any full-time training or duty, no
17matter how described under federal or State law, for which a
18service member is ordered to report by the President, Governor
19of a state, commonwealth, or territory of the United States, or
20other appropriate military authority.
21    "Service member" means a resident of Illinois who is a
22member of any component of the U.S. Armed Forces or the
23National Guard of any state, the District of Columbia, a
24commonwealth, or a territory of the United States.
25(Source: P.A. 93-822, eff. 7-28-04.)
 

 

 

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1    Section 940. The Code of Civil Procedure is amended by
2changing Sections 9-107.10 and 9-206 and by adding Sections
32-1401.1 and 15-1501.6 as follows:
 
4    (735 ILCS 5/2-1401.1 new)
5    Sec. 2-1401.1. Relief from default judgment; military
6personnel in military service.
7    (a) In this Section:
8    "Military service" means any full-time training or duty, no
9matter how described under federal or State law, for which a
10service member is ordered to report by the President, Governor
11of a state, commonwealth, or territory of the United States, or
12other appropriate military authority.
13    "Service member" means a resident of Illinois who is a
14member of any component of the U.S. Armed Forces or the
15National Guard of any state, the District of Columbia, or
16commonwealth, or a territory of the United States.
17    (b) Relief from and vacation of final orders and judgments
18after 30 days from the entry thereof entered by default against
19a service member that has entered military service may be had
20upon petition as provided in this Section. All relief
21heretofore obtainable and the grounds for such relief
22heretofore available shall be available in every case, by
23proceedings commenced pursuant to this Section, regardless of
24the nature of the order or judgment from which relief is sought
25or of the proceedings in which it was entered. Except as

 

 

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1provided in Section 6 of the Illinois Parentage Act of 1984,
2there shall be no distinction between actions and other
3proceedings, statutory or otherwise, as to availability of
4relief, grounds for relief or the relief obtainable.
5    (c) The petition must be filed in the same proceeding in
6which the order or judgment was entered but is not a
7continuation thereof. The petition must be supported by
8affidavit or other appropriate showing as to matters not of
9record and show that the service member did not appear in the
10proceeding, the person's military service materially affected
11the service member's ability to defend the case, the person has
12a meritorious or legal defense to the action, and the petition
13must be filed within 90 days after the service member's date of
14release from military service. All parties to the petition
15shall be notified as provided by rule.
16    (d) Except as provided in Section 20b of the Adoption Act
17and Section 2-32 of the Juvenile Court Act of 1987 or in a
18petition based upon Section 116-3 of the Code of Criminal
19Procedure of 1963, the petition must be filed not later than 90
20days after the service member's release from military service.
21Time during which the person seeking relief is under legal
22disability or duress or the ground for relief is fraudulently
23concealed shall be excluded in computing the period for filing.
24    (e) The filing of a petition under this Section does not
25affect the order or judgment, or suspend its operation.
26    (f) Unless lack of jurisdiction affirmatively appears from

 

 

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1the record proper, the vacation or modification of an order or
2judgment pursuant to the provisions of this Section does not
3affect the right, title or interest in or to any real or
4personal property of any person, not a party to the original
5action, acquired for value after the entry of the order or
6judgment but before the filing of the petition, nor affect any
7right of any person not a party to the original action under
8any certificate of sale issued before the filing of the
9petition, pursuant to a sale based on the order or judgment.
10    (g) Nothing contained in this Section affects any existing
11right to relief from a void order or judgment, or to employ any
12existing method to procure that relief.
 
13    (735 ILCS 5/9-107.10)
14    Sec. 9-107.10. Military personnel in military service on
15active duty; action for possession.
16    (a) In this Section:
17    "Military service" means any full-time training or duty, no
18matter how described under federal or State law, for which a
19service member is ordered to report by the President, Governor
20of a state, commonwealth, or territory of the United States, or
21other appropriate military authority.
22    "Active duty" means active duty pursuant to an executive
23order of the President of the United States, an act of the
24Congress of the United States, or an order of the Governor.
25    "Service member" means a resident of Illinois who is a

 

 

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1member of any component of the U.S. Armed Forces or the
2National Guard of any state, the District of Columbia, a
3commonwealth, or a territory of the United States member of the
4armed services or reserve forces of the United States or a
5member of the Illinois National Guard.
6    (b) In an action for possession of residential premises of
7a tenant, including a tenant who is a resident of a mobile home
8park, who is a service member that has entered military service
9deployed on active duty, or of any member of the tenant's
10family who resides with the tenant, if the tenant entered into
11the rental agreement on or after the effective date of this
12amendatory Act of the 94th General Assembly, the court may, on
13its own motion, and shall, upon motion made by or on behalf of
14the tenant, do either of the following if the tenant's ability
15to pay the agreed rent is materially affected by the tenant's
16military service deployment on active duty:
17        (1) Stay the proceedings for a period of 90 days,
18    unless, in the opinion of the court, justice and equity
19    require a longer or shorter period of time.
20        (2) Adjust the obligation under the rental agreement to
21    preserve the interest of all parties to it.
22    (c) In order to be eligible for the benefits granted to
23service members under this Section, a service member or a
24member of the service member's family who resides with the
25service member must provide the landlord or mobile home park
26operator with a copy of the military or gubernatorial orders

 

 

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1calling the service member to military service in excess of 29
2consecutive days active duty and of any orders further
3extending the service member's period of service active duty.
4    (d) If a stay is granted under this Section, the court may
5grant the landlord or mobile home park operator such relief as
6equity may require.
7    (e) A violation of this Section constitutes a civil rights
8violation under the Illinois Human Rights Act. All proceeds
9from the collection of any civil penalty imposed pursuant to
10the Illinois Human Rights Act under this subsection shall be
11deposited into the Illinois Military Family Relief Fund.
12(Source: P.A. 94-635, eff. 8-22-05; 95-392, eff. 8-23-07.)
 
13    (735 ILCS 5/9-206)  (from Ch. 110, par. 9-206)
14    Sec. 9-206. Notice to terminate tenancy of farm land.
15Subject to the provisions of Section 16 of the Landlord and
16Tenant Act, in In order to terminate tenancies from year to
17year of farm lands, occupied on a crop share, livestock share,
18cash rent or other rental basis, the notice to quit shall be
19given in writing not less than 4 months prior to the end of the
20year of letting. Such notice may not be waived in a verbal
21lease. The notice to quit may be substantially in the following
22form:
23    To A.B.: You are hereby notified that I have elected to
24terminate your lease of the farm premises now occupied by you,
25being (here describe the premises) and you are hereby further

 

 

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1notified to quit and deliver up possession of the same to me at
2the end of the lease year, the last day of such year being
3(here insert the last day of the lease year).
4(Source: P.A. 82-280.)
 
5    (735 ILCS 5/15-1501.6 new)
6    Sec. 15-1501.6. Relief in mortgage foreclosure proceedings
7for military personnel in military service.
8    (a) In this Section:
9    "Military service" means any full-time training or duty, no
10matter how described under federal or State law, for which a
11service member is ordered to report by the President, Governor
12of a state, commonwealth, or territory of the United States, or
13other appropriate military authority.
14    "Service member" means a resident of Illinois who is a
15member of any component of the U.S. Armed Forces or the
16National Guard of any state, the District of Columbia, a
17commonwealth, or a territory of the United States.
18    (b) In an action for foreclosure, a mortgagor who is a
19service member that has entered military service for a period
20greater than 29 consecutive days or any member of the
21mortgagor's family who resides with the mortgagor at the
22mortgaged premises, if the mortgagor entered into the mortgage
23agreement before the mortgagor received orders for military
24service on or after the effective date of this amendatory Act
25of the 97th General Assembly, may file a motion for relief and

 

 

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1the court shall, if the mortgagor's ability to pay the agreed
2mortgage payments or to defend the foreclosure proceedings is
3materially affected by the mortgagor's military service, do one
4or more of the following:
5        (1) stay the proceedings for a period of 90 days after
6    the mortgagor returns from military service, unless, in the
7    opinion of the court, justice and equity require a longer
8    or shorter period of time; or
9        (2) adjust the obligation under the mortgage agreement
10    by reducing the monthly payments for a period lasting up to
11    90 days after the mortgagor returns from military service
12    and extending the term of the mortgage, provided that the
13    adjustment preserves the interest of all parties to it.
14    (c) In order to be eligible for the benefits granted to a
15service member under this Section, a service member or a member
16of the service member's family who resides with the service
17member at the mortgaged premises must provide the court and the
18mortgagee with a copy of the orders calling the service member
19to military service in excess of 29 consecutive days and of any
20orders further extending the service member's period of
21service.
22    (d) If a stay is granted under this Section, the court may
23grant the mortgagee such relief as equity may require.
24    (e) The forms of relief available under this Section shall
25continue to be available up to 90 days after the completion of
26the service member's military service.

 

 

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1    (f) In addition to any sanction available to the court for
2violation of a stay or order, a violation of this Section
3constitutes a civil rights violation under the Illinois Human
4Rights Act. All proceeds from the collection of any civil
5penalty imposed pursuant to the Illinois Human Rights Act under
6this subsection shall be deposited into the Illinois Military
7Family Relief Fund.
 
8    Section 945. The Landlord and Tenant Act is amended by
9adding Section 16 as follows:
 
10    (765 ILCS 705/16 new)
11    Sec. 16. Military personnel in military service; right to
12terminate lease.
13    (a) In this Section:
14    "Military service" means any full-time training or duty, no
15matter how described under federal or State law, for which a
16service member is ordered to report by the President, Governor
17of a state, commonwealth, or territory of the United States, or
18other appropriate military authority.
19    "Service member" means a resident of Illinois who is a
20member of any component of the U.S. Armed Forces or the
21National Guard of any state, the District of Columbia, a
22commonwealth, or a territory of the United States.
23    (b) A tenant who is a service member that has entered
24military service for a period greater than 29 consecutive days

 

 

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1or any member of the tenant's family who resides with the
2tenant at the leased premises may terminate a lease for a
3mobile home lot, residential premises, non-residential
4premises, or farm or agricultural real property if the tenant
5enters military service for greater than 29 consecutive days
6after executing the lease or the tenant, while in military
7service, receives military orders for a permanent change of
8station or to deploy with a military unit or as an individual
9in support of a military operation for a period of not less
10than 90 days, regardless of whether the lease was signed before
11or during military service. This provision applies to leases
12executed on or after the effective date of this amendatory Act
13of the 97th General Assembly.
14    (c) In order to exercise the right to terminate the lease
15granted to a service member under this Section, a service
16member or a member of the service member's family who resides
17with the service member at the leased premises must provide the
18landlord or mobile home park operator with a copy of the orders
19calling the service member to military service in excess of 29
20consecutive days and of any orders further extending the
21service member's period of service.
22    (d) Termination of the lease is effective 30 days after the
23delivery of the notice to the landlord, except that if rent is
24paid in monthly installments the termination is effective 30
25days after the next rental payment due date after the date of
26the notice to the landlord. If any rent payment was made in

 

 

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1advance, the landlord must return any unearned portion and the
2landlord must return any security deposit paid, except to the
3extent that there are actual damages or repairs to be paid from
4the security deposit as provided in the lease agreement.
5    (e) A landlord's failure to accept a service member's
6termination of a lease that is effected pursuant to this
7Section imposed by this Section constitutes a civil rights
8violation under the Illinois Human Rights Act. All proceeds
9from the collection of any civil penalty imposed under this
10subsection shall be deposited into the Illinois Military Family
11Relief Fund.
 
12    Section 950. The Illinois Human Rights Act is amended by
13changing Section 6-102 as follows:
 
14    (775 ILCS 5/6-102)
15    Sec. 6-102. Violations of other Acts. A person who violates
16the Military Leave of Absence Act, the Public Employee Armed
17Services Rights Act, Section 11-117-12.2 of the Illinois
18Municipal Code, Section 224.05 of the Illinois Insurance Code,
19Section 8-201.5 of the Public Utilities Act, Sections 2-1401.1,
209-107.10, 9-107.11, and 15-1501.6 Section 9-107.10 of the Code
21of Civil Procedure, Section 4.05 of the Interest Act, the
22Military Personnel Cellular Phone Contract Termination Act,
23Section 405-272 of the Civil Administrative Code of Illinois,
24Section 10-63 of the Illinois Administrative Procedure Act,

 

 

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1Sections 30.25 and 30.30 of the Military Code of Illinois,
2Section 16 of the Landlord and Tenant Act, Section 26.5 of the
3Retail Installment Sales Act, or Section 37 of the Motor
4Vehicle Leasing Act commits a civil rights violation within the
5meaning of this Act.
6(Source: P.A. 95-392, eff. 8-23-07.)
 
7    Section 955. The Uniform Commercial Code is amended by
8changing Section 9-610 as follows:
 
9    (810 ILCS 5/9-610)
10    Sec. 9-610. Disposition of collateral after default.
11    (a) Disposition after default. After default, a secured
12party may sell, lease, license, or otherwise dispose of any or
13all of the collateral in its present condition or following any
14commercially reasonable preparation or processing.
15    (b) Commercially reasonable disposition. Every aspect of a
16disposition of collateral, including the method, manner, time,
17place, and other terms, must be commercially reasonable. If
18commercially reasonable, a secured party may dispose of
19collateral by public or private proceedings, by one or more
20contracts, as a unit or in parcels, and at any time and place
21and on any terms.
22    (c) Purchase by secured party. A secured party may purchase
23collateral:
24        (1) at a public disposition; or

 

 

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1        (2) at a private disposition only if the collateral is
2    of a kind that is customarily sold on a recognized market
3    or the subject of widely distributed standard price
4    quotations.
5    (d) Warranties on disposition. A contract for sale, lease,
6license, or other disposition includes the warranties relating
7to title, possession, quiet enjoyment, and the like which by
8operation of law accompany a voluntary disposition of property
9of the kind subject to the contract.
10    (e) Disclaimer of warranties. A secured party may disclaim
11or modify warranties under subsection (d):
12        (1) in a manner that would be effective to disclaim or
13    modify the warranties in a voluntary disposition of
14    property of the kind subject to the contract of
15    disposition; or
16        (2) by communicating to the purchaser a record
17    evidencing the contract for disposition and including an
18    express disclaimer or modification of the warranties.
19    (f) Record sufficient to disclaim warranties. A record is
20sufficient to disclaim warranties under subsection (e) if it
21indicates "There is no warranty relating to title, possession,
22quiet enjoyment, or the like in this disposition" or uses words
23of similar import.
24    (g) The provisions of this Section are subject to Section
2526.5 of the Retail Installment Sales Act.
26(Source: P.A. 91-893, eff. 7-1-01.)
 

 

 

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1    Section 960. The Interest Act is amended by changing
2Section 4.05 as follows:
 
3    (815 ILCS 205/4.05)
4    Sec. 4.05. Military personnel in military service on active
5duty; limitation on interest rate.
6    (a) In this Section:
7    "Military service" means any full-time training or duty, no
8matter how described under federal or State law, for which a
9service member is ordered to report by the President, Governor
10of a state, commonwealth, or territory of the United States, or
11other appropriate military authority.
12    "Active duty" means active duty pursuant to an executive
13order of the President of the United States, an act of the
14Congress of the United States, or an order of the Governor.
15    "Obligation" means any retail installment sales contract,
16other contract for the purchase of goods or services, or bond,
17bill, note, or other instrument of writing for the payment of
18money arising out of a contract or other transaction for the
19purchase of goods or services.
20    "Service member" means a resident of Illinois who is a
21member of any component of the U.S. Armed Forces or the
22National Guard of any state, the District of Columbia, a
23commonwealth, or a territory of the United States member of the
24armed services or reserve forces of the United States or a

 

 

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1member of the Illinois National Guard.
2    (b) Notwithstanding any contrary provision of State law,
3but subject to the federal Servicemembers Civil Relief Act, no
4creditor in connection with an obligation entered into on or
5after the effective date of this amendatory Act of the 94th
6General Assembly, but prior to a service member's period of
7military service deployment on active duty, shall charge or
8collect from a service member who has entered military service
9is deployed on active duty, or the spouse of that service
10member, interest or finance charges exceeding 6% per annum
11during the period of military service that the service member
12is deployed on active duty.
13    (c) Notwithstanding any contrary provision of law,
14interest or finance charges in excess of 6% per annum that
15otherwise would be incurred but for the prohibition in
16subsection (b) are forgiven.
17    (d) The amount of any periodic payment due from a service
18member who has entered military service is deployed on active
19duty, or the spouse of that service member, under the terms of
20the obligation shall be reduced by the amount of the interest
21and finance charges forgiven under subsection (c) that is
22allocable to the period for which the periodic payment is made.
23    (e) In order for an obligation to be subject to the
24interest and finance charges limitation of this Section, the
25service member who has entered military service deployed on
26active duty, or the spouse of that service member, shall

 

 

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1provide the creditor with written notice of and a copy of the
2military or gubernatorial orders calling the service member to
3military service in excess of 29 consecutive days active duty
4and of any orders further extending the service member's period
5of service active duty, not later than 180 days after the date
6of the service member's termination of or release from military
7service active duty.
8    (f) Upon receipt of the written notice and a copy of the
9orders referred to in subsection (e), the creditor shall treat
10the obligation in accordance with subsection (b), effective as
11of the date on which the service member entered military
12service is deployed to active duty.
13    (g) A court may grant a creditor relief from the interest
14and finance charges limitation of this Section, if, in the
15opinion of the court, the ability of the service member who has
16entered military service deployed on active duty, or the spouse
17of that service member, to pay interest or finance charges with
18respect to the obligation at a rate in excess of 6% per annum
19is not materially affected by reason of the service member's
20military service deployment on active duty.
21    (h) A violation of this Section constitutes a civil rights
22violation under the Illinois Human Rights Act.
23    All proceeds from the collection of any civil penalty
24imposed under this subsection shall be deposited into the
25Illinois Military Family Relief Fund.
26(Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06;

 

 

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195-392, eff. 8-23-07.)
 
2    Section 965. The Retail Installment Sales Act is amended by
3adding Section 26.5 as follows:
 
4    (815 ILCS 405/26.5 new)
5    Sec. 26.5. Relief concerning a retail installment contract
6default for military personnel in military service.
7    (a) In this Section:
8    "Military service" means any full-time training or duty, no
9matter how described under federal or State law, for which a
10service member is ordered to report by the President, Governor
11of a state, commonwealth, or territory of the United States, or
12other appropriate military authority.
13    "Service member" means a resident of Illinois who is a
14member of any component of the U.S. Armed Forces or the
15National Guard of any state, the District of Columbia, a
16commonwealth, or a territory of the United States.
17    (b) With respect to any act taken by a holder pursuant to
18Section 26, a buyer who is a service member that has entered
19military service, if the buyer entered into the retail
20installment contract before the buyer entered military service
21and on or after the effective date of this amendatory Act of
22the 97th General Assembly, may file a petition for relief, and
23the court shall do one or more of the following if the buyer's
24ability to pay the agreed retail installment contract payments

 

 

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1is materially affected by the buyer's military service:
2        (1) stay any repossession of goods subject to the
3    retail installment contract for a period of 90 days after
4    the buyer returns from military service, unless, in the
5    opinion of the court, justice and equity require a longer
6    or shorter period of time;
7        (2) adjust the obligation under the retail installment
8    contract by reducing the monthly payments and extending the
9    term of the contract, provided that the adjustment
10    preserves the interest of all parties to the contract; or
11        (3) stay the repossession of the goods or collateral
12    subject to the retail installment contract or stay the
13    disposition of repossessed goods or collateral subject to
14    the retail installment contract.
15    (c) In order to be eligible for the benefits granted to a
16service member under this Section, a service member must
17provide the court and the holder with a copy of the orders
18calling the service member to military service in excess of 29
19consecutive days and of any orders further extending the
20service member's period of service.
21    (d) If a stay is granted under this Section, the court may
22grant the holder such relief as equity may require.
23    (e) In addition to any sanction available to the court for
24violation of a stay or order, a violation of this Section
25constitutes a civil rights violation under the Illinois Human
26Rights Act. All proceeds from the collection of any civil

 

 

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1penalty imposed pursuant to the Illinois Human Rights Act under
2this subsection shall be deposited into the Illinois Military
3Family Relief Fund.
 
4    Section 970. The Military Personnel Cellular Phone
5Contract Termination Act is amended by changing Sections 5, 10,
615, and 22 as follows:
 
7    (815 ILCS 633/5)
8    Sec. 5. Definition. In this Act:
9    "Military service" means any full-time training or duty, no
10matter how described under federal or State law, for which a
11service member is ordered to report by the President, Governor
12of a state, commonwealth, or territory of the United States, or
13other appropriate military authority.
14    "Active duty" means active duty pursuant to an executive
15order of the President of the United States, an act of the
16Congress of the United States, or an order of the Governor.
17    "Service member" means a resident of Illinois who is a
18member of any component of the U.S. Armed Forces or the
19National Guard of any state, the District of Columbia, a
20commonwealth, or a territory of the United States member of the
21armed services or reserve forces of the United States or a
22member of the Illinois National Guard.
23(Source: P.A. 94-635, eff. 8-22-05.)
 

 

 

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1    (815 ILCS 633/10)
2    Sec. 10. Termination of cellular phone contract without
3penalty. Any service member who enters military service is
4deployed on active duty, or the spouse of that service member,
5may terminate, without penalty, a cellular phone contract by
6giving notice via e-mail or regular mail to an address
7specified by the cellular telephone company or, if the provider
8permits, via phone call to the provider's customer service
9center of the intention to terminate, when the cellular phone
10contract that meets all both of the following requirements:
11        (1) The contract is entered into on or after the
12    effective date of this Act.
13        (2) The contract is executed by or on behalf of the
14    service member who has entered military service is deployed
15    on active duty.
16        (3) The service member's military service is at a
17    location that is outside the coverage area of the cellular
18    telephone company that supports the contract.
19(Source: P.A. 94-635, eff. 8-22-05.)
 
20    (815 ILCS 633/15)
21    Sec. 15. Effective date of termination. Termination of the
22cellular phone contract shall not be effective until:
23        (1) thirty days after the service member who has
24    entered military service is deployed on active duty or the
25    service member's spouse gives notice by certified mail,

 

 

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1    return receipt requested, of the intention to terminate the
2    cellular phone contract together with a copy of the
3    military or gubernatorial orders calling the service
4    member to military service active duty and of any orders
5    further extending the service member's period of service
6    active duty; and
7        (2) unless the service member who enters military
8    service is deployed on active duty owns the cellular phone,
9    the cellular phone is returned to the custody or control of
10    the cellular telephone company, or the service member who
11    enters military service is deployed on active duty or the
12    service member's spouse agrees in writing to return the
13    cellular phone as soon as practical after the military
14    service deployment is completed.
15(Source: P.A. 94-635, eff. 8-22-05.)
 
16    (815 ILCS 633/22)
17    Sec. 22. Violation. A violation of this Act constitutes a
18civil rights violation under the Illinois Human Rights Act. All
19proceeds from the collection of any civil penalty imposed under
20this Section shall be deposited into the Illinois Military
21Family Relief Fund.
22(Source: P.A. 95-392, eff. 8-23-07.)
 
23    Section 975. The Motor Vehicle Leasing Act is amended by
24changing Section 37 as follows:
 

 

 

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1    (815 ILCS 636/37)
2    Sec. 37. Military personnel in military service on active
3duty; termination of lease.
4    (a) In this Act:
5    "Military service" means any full-time training or duty, no
6matter how described under federal or State law, for which a
7service member is ordered to report by the President, Governor
8of a state, commonwealth, or territory of the United States, or
9other appropriate military authority.
10    "Active duty" means active duty pursuant to an executive
11order of the President of the United States, an act of the
12Congress of the United States, or an order of the Governor.
13    "Motor vehicle" means any automobile, car minivan,
14passenger van, sport utility vehicle, pickup truck, or other
15self-propelled vehicle not operated or driven on fixed rails or
16track.
17    "Service member" means a resident of Illinois who is a
18member of any component of the U.S. Armed Forces or the
19National Guard of any state, the District of Columbia, a
20commonwealth, or a territory of the United States member of the
21armed services or reserve forces of the United States or a
22member of the Illinois National Guard.
23    (b) Any service member who enters military service is
24deployed on active duty for a period of not less than 180 days,
25or the spouse of that service member, may terminate any motor

 

 

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1vehicle lease that meets both of the following requirements:
2        (1) The lease is entered into on or after the effective
3    date of this amendatory Act of the 94th General Assembly.
4        (2) The lease is executed by or on behalf of the
5    service member who has entered military service is deployed
6    on active duty.
7    (c) Termination of the motor vehicle lease shall not be
8effective until:
9        (1) the service member who has entered military service
10    is deployed on active duty, or the service member's spouse,
11    gives the lessor by certified mail, return receipt
12    requested, a notice of the intention to terminate the lease
13    together with a copy of the military or gubernatorial
14    orders calling the service member to military service
15    active duty and of any orders further extending the service
16    member's period of service active duty; and
17        (2) the motor vehicle subject to the lease is returned
18    to the custody or control of the lessor not later than 15
19    days after the delivery of the written notice.
20    (d) Lease amounts unpaid for the period preceding the
21effective date of the lease's termination shall be paid on a
22prorated basis. The lessor may not impose an early termination
23charge, but any taxes, costs of summons, and title or
24registration fees and any other obligation and liability of the
25lessee under the terms of the lease, including reasonable
26charges to the lessee for excess wear, use, and mileage, that

 

 

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1are due and unpaid at the time of the lease's termination shall
2be paid by the lessee.
3    (e) The lessor shall refund to the lessee lease amounts
4paid in advance for a period after the effective date of the
5lease's termination within 30 days after the effective date of
6the lease's termination.
7    (f) Upon application by the lessor to a court before the
8effective date of the lease's termination, relief granted by
9this Section may be modified as justice and equity require.
10    (g) A violation of this Section constitutes a civil rights
11violation under the Illinois Human Rights Act.
12    All proceeds from the collection of any civil penalty
13imposed under this subsection shall be deposited into the
14Illinois Military Family Relief Fund.
15(Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06;
1695-392, eff. 8-23-07.)