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Full Text of SB3287  97th General Assembly

SB3287ham001 97TH GENERAL ASSEMBLY

Rep. Elaine Nekritz

Filed: 4/16/2012

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3287

2    AMENDMENT NO. ______. Amend Senate Bill 3287 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1of record in whose name the utility company or electric
2cooperative account is registered.
3    "Service member" means a resident of Illinois who is a
4member of any component of the U.S. Armed Forces or the
5National Guard of any state, the District of Columbia, a
6commonwealth, or a territory of the United States.
7    "State Active Duty" has the same meaning ascribed to that
8term in Section 30.10 of the Military Code of Illinois.
9    "Training or duty under Title 32 of the United States Code"
10has the same meaning ascribed to that term in Section 30.10 of
11the Military Code of Illinois.
 
12    Section 15. Cellular phone contract. Termination of a
13cellular phone contract involving a service member who enters
14military service shall be subject to the provisions of the
15Military Personnel Cellular Phone Contract Termination Act.
 
16    Section 20. Bulk long distance telephone services. Bulk
17long distance telephone services purchased by the Department of
18Central Management Services and made available to persons in
19the immediate family of service members who have entered
20military service so that those persons in the service members'
21families can communicate with the service members shall be
22subject to Section 405-272 of the Department of Central
23Management Services Law of the Civil Administrative Code of
24Illinois.
 

 

 

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1    Section 25. Stoppage of gas or electricity; arrearage;
2municipality; electric company or cooperative.
3    (a) The stoppage of gas or electricity from entering the
4residential premises of which a service member was a primary
5occupant immediately before the service member entered
6military service for nonpayment of service shall be subject to
7Section 11-117-12.2 of the Illinois Municipal Code when the
8entity providing the gas or electrical service is a
9municipality owning a public utility, or shall be subject to
10Section 8-201.5 of the Public Utilities Act when the entity
11providing the gas or electrical service is a company or
12electric cooperative.
13    (b) Payment periods offered to a residential consumer who
14is a service member upon his or her return from military
15service to pay off any arrearages incurred during the period of
16the residential consumer's service period shall be subject to
17Section 11-117-12.2 of the Illinois Municipal Code when the
18entity offering the payment period is a municipality owning a
19public utility, or shall be subject to Section 8-201.5 of the
20Public Utilities Act when the entity offering the payment
21period is a company or electric cooperative.
22    (c) In order to be eligible for the benefits granted to
23service members under this Section, a service member must
24provide the company or electric cooperative with a copy of the
25orders calling the service member to military service, or

 

 

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1copies of orders further extending the service member's period
2of service, and provide documentation of hardship. Further, in
3the event the service member no longer claims to be the primary
4occupant of the residential premises or the customer account of
5record changes, then the company or electric cooperative may
6enforce all applicable rules, regulations, and tariffs.
 
7    Section 30. Life insurance policy. The lapse or forfeiture
8of an individual life insurance policy insuring the life of a
9service member who enters military service shall be subject to
10Section 224.05 of the Illinois Insurance Code.
 
11    Section 35. Action for possession of residential premises
12of a tenant. An action for possession of residential premises
13of a tenant, including a tenant who is a resident of a mobile
14home park, who is a service member that has entered military
15service, or of any member of the tenant's family who resides
16with the tenant shall be subject to Section 9-107.10 of the
17Code of Civil Procedure.
 
18    Section 40. Limitation on interest rate. Interest or
19finance charges collected or charged to a service member who
20has entered military service, or the spouse of that service
21member, in connection with an obligation entered into on or
22after the date of August 22, 2005, but prior to the date that
23the service member entered military service, shall be subject

 

 

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1to Section 4.05 of the Interest Act.
 
2    Section 45. Termination of lease; motor vehicle. The
3termination of a motor vehicle lease involving a service member
4who has entered military service or the spouse of that service
5member shall be subject to Section 37 of the Motor Vehicle
6Leasing Act.
 
7    Section 50. Termination of property lease. The termination
8of a lease for a mobile home lot, residential premises, or
9non-residential premises by a service member who has entered
10military service, or by the spouse of that service member, in
11conjunction with a lease entered into on or after the effective
12date of this Act is subject to Section 16 of the Landlord and
13Tenant Act. The termination of a lease for farm or agricultural
14real property by a service member who has entered military
15service or by the spouse of that service member is subject to
16Section 9-206 of the Code of Civil Procedure and Section 16 of
17the Landlord and Tenant Act.
 
18    Section 55. Stay of administrative contested case
19hearings. The stay of an administrative contested case hearing
20involving a named party who is a service member that has
21entered military service shall be subject to Section 10-63 of
22the Illinois Administrative Procedure Act.
 

 

 

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1    Section 60. Default judgment protection. Relief from a
2final order or judgment entered by default against a service
3member who has entered military service is subject to Section
42-1401.1 of the Code of Civil Procedure.
 
5    Section 65. Property repossession under retail installment
6sales. The repossession of personal property pursuant to a
7retail installment sales contract entered into before the buyer
8has entered military service and on or after the effective date
9of this Act that relates to the personal property of the
10service member is subject to Section 26.5 of the Retail
11Installment Sales Act and Section 9-610 of the Uniform
12Commercial Code.
 
13    Section 70. Protection against foreclosure or a judicial
14sale in a foreclosure. Foreclosure and a judicial sale pursuant
15to a foreclosure against a service member who has entered
16military service in conjunction with a mortgage agreement
17entered into before the mortgagor entered military service and
18on or after the effective date of this Act is subject to
19Section 15-1501.6 of the Code of Civil Procedure.
 
20    Section 75. Stay of prosecution; civil matters. The stay,
21postponement, or suspension of the enforcement of any civil
22obligation or liability, the prosecution of any civil suit or
23proceeding, or the entry or enforcement of any civil order,

 

 

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1writ, judgment, or decree involving a service member who has
2entered military service shall be subject to Section 30.25 of
3the Military Code of Illinois.
 
4    Section 80. School attendance and tuition. A full monetary
5credit or refund for funds paid to any Illinois public
6university, college, or community college on behalf of any
7service member who enters military service shall be subject to
8Section 30.30 of the Military Code of Illinois.
 
9    Section 900. The Illinois Administrative Procedure Act is
10amended by adding Section 10-63 as follows:
 
11    (5 ILCS 100/10-63 new)
12    Sec. 10-63. Stay of contested case hearings; military.
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) In a contested case in which a named party is a service

 

 

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1member who has entered military service, for a period of 14
2days that follow the conclusion of military service the
3administrative law judge shall, upon motion made by or on
4behalf of the service member, stay the hearing for a period of
590 days if the service member's ability to appear at the
6hearing is materially affected by his or her military service.
7    (c) In order to be eligible for the benefits granted to
8service members under this Section, a service member must
9demonstrate that his or her military service has been in excess
10of 29 consecutive days and has materially affected his or her
11ability to attend the hearing by submitting a letter to the
12administrative law judge from the service member's commanding
13officer stating that the service member's military duty has
14prevented the service member from appearing at the hearing and
15that military leave has not been authorized. The service member
16must also provide the administrative law judge with an
17approximate date of availability.
18    (d) Additional stays of the contested case hearing shall be
19permitted at the discretion of the administrative law judge if
20all of the requirements of this Section are met.
21    (e) A violation of this Section constitutes a civil rights
22violation under the Illinois Human Rights Act. All proceeds
23from the collection of any civil penalty imposed under this
24subsection shall be deposited into the Illinois Military Family
25Relief Fund.
 

 

 

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1    Section 905. The Civil Administrative Code of Illinois is
2amended by adding Section 5-715 as follows:
 
3    (20 ILCS 5/5-715 new)
4    Sec. 5-715. Deadline extensions for service members.
5    (a) In this Section:
6    "Military service" means any full-time training or duty no
7matter how described under federal or State law for which a
8service member is ordered to report by the President, Governor
9of state, commonwealth, or territory of the United States, or
10other appropriate military authority.
11    "Service member" means a resident of Illinois who is a
12member of any component of the U.S. Armed Forces or the
13National Guard of any state, the District of Columbia, a
14commonwealth, or a territory of the United States.
15    (b) Each director of a department is authorized to extend
16any deadline established by that director or department for a
17service member who has entered military service in excess of 29
18consecutive days. The director may extend the deadline for a
19period not more than twice the length of the service member's
20required military service.
 
21    Section 910. The Department of Central Management Services
22Law of the Civil Administrative Code of Illinois is amended by
23changing Section 405-272 as follows:
 

 

 

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1    (20 ILCS 405/405-272)
2    Sec. 405-272. Bulk long distance telephone services for
3military personnel in military service on active duty.
4    (a) In this Section:
5    "Active duty" means active duty pursuant to an executive
6order of the President of the United States, an act of the
7Congress of the United States, or an order of the Governor.
8    "Immediate family" means a service member's spouse
9residing in the service member's household, brothers and
10sisters of the whole or of the half blood, children, including
11adopted children and stepchildren, parents, and grandparents.
12    "Military service" means any full-time training or duty no
13matter how described under federal or State law for which a
14service member is ordered to report by the President, Governor
15of a state, commonwealth, or territory of the United States, or
16other appropriate military authority.
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) The Department may enter into a contract to purchase
24bulk long distance telephone services and make them available
25at cost, or may make bulk long distance telephone services
26available at cost under any existing contract the Department

 

 

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1has entered into, to persons in the immediate family of service
2members that have entered military service deployed on active
3duty so that those persons in the service members' families can
4communicate with the service members so deployed. If the
5Department enters into a contract under this Section, it shall
6do so in accordance with the Illinois Procurement Code and in a
7nondiscriminatory manner that does not place any potential
8vendor at a competitive disadvantage.
9    (c) In order to be eligible to use bulk long distance
10telephone services purchased by the Department under this
11Section, a service member or person in the service member's
12immediate family must provide the Department with a copy of the
13military or gubernatorial orders calling the service member to
14military service in excess of 29 consecutive days active duty
15and of any orders further extending the service member's period
16of military service active duty.
17    (d) If the Department enters into a contract under this
18Section, the Department shall adopt rules as necessary to
19implement this Section.
20(Source: P.A. 94-635, eff. 8-22-05.)
 
21    Section 915. The Military Code of Illinois is amended by
22changing Sections 30.25 and 30.30 as follows:
 
23    (20 ILCS 1805/30.25)
24    Sec. 30.25. Stay of prosecution. During and for a period of

 

 

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114 days after a period of military service training or duty in
2excess of 29 days either under Title 32 of the United States
3Code or under State Active Duty, a court having jurisdiction
4over the enforcement of any civil obligation or liability, the
5prosecution of any civil suit or proceeding, or the entry or
6enforcement of any civil order, writ, judgment, or decree may
7stay, postpone, or suspend the matter if the court determines
8that a service member's person's failure to meet the obligation
9is the direct result of that period of military service
10training or duty. The stay, postponement, or suspension of
11proceedings does not in any way modify any condition,
12obligation, term, or liability agreed upon or incurred by a
13person in military service including but not limited to accrued
14interest, late fees, or penalties. No stay, postponement, or
15suspension shall be provided regarding any written agreement
16entered into, or debt that is incurred, by the person during or
17after his or her period of military service training or duty
18either under Title 32 of the United States Code or under State
19Active Duty. A violation of this Section constitutes a civil
20rights violation under the Illinois Human Rights Act. All
21proceeds from the collection of any civil penalty imposed under
22this Section shall be deposited into the Illinois Military
23Family Relief Fund.
24(Source: P.A. 92-716, eff. 7-24-02.)
 
25    (20 ILCS 1805/30.30)

 

 

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1    Sec. 30.30. School attendance and tuition. Any service
2member that enters military service person in federal active
3duty under Title 10 of the United States Code, or in training
4or duty under Title 32 of the United States Code, or in State
5Active Duty, pursuant to the orders of the Governor has the
6right to receive a full monetary credit or refund for funds
7paid to any Illinois public university, college, or community
8college if the service member person is placed into a period of
9military service with the State of Illinois pursuant to the
10orders of the Governor and is unable to attend the university
11or college for a period of 7 or more days. Withdrawal from the
12course shall not impact upon the final grade point average of
13the service member person. If any service member person who has
14been enrolled in any Illinois public university, college, or
15community college is unable to process his or her enrollment
16for the upcoming term, he or she shall have any and all late
17penalties and or charges set aside, including any and all late
18processing fees for books, lab fees, and all items that were
19not in place because the service member person was engaged in
20military service and was unable to enroll in the courses at the
21appropriate time. The rights set forth in this Section are in
22addition to any rights afforded to persons in military service
23with the State of Illinois pursuant to the orders of the
24Governor under the policies of an Illinois public university,
25college, or community college. A violation of this Section
26constitutes a civil rights violation under the Illinois Human

 

 

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1Rights Act. All proceeds from the collection of any civil
2penalty imposed under this Section shall be deposited into the
3Illinois Military Family Relief Fund.
4(Source: P.A. 92-716, eff. 7-24-02.)
 
5    Section 920. The Illinois Municipal Code is amended by
6changing Section 11-117-12.2 as follows:
 
7    (65 ILCS 5/11-117-12.2)
8    Sec. 11-117-12.2. Military personnel in military service
9on active duty; no stoppage of gas or electricity; arrearage.
10    (a) In this Section:
11    "Military service" means any full-time training or duty no
12matter how described under federal or State law for which a
13service member is ordered to report by the President, Governor
14of a state, commonwealth, or territory of the United States, or
15other appropriate military authority.
16    "Primary occupant" means the current residential customer
17of record in whose name the account is registered with the
18municipality owning a public utility.
19    "Active duty" means active duty pursuant to an executive
20order of the President of the United States, an act of the
21Congress of the United States, or an order of the Governor.
22    "Service member" means a resident of Illinois who is a
23member of any component of the U.S. Armed Forces or the
24National Guard of any state, the District of Columbia, a

 

 

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1commonwealth, or a territory of the United States member of the
2armed services or reserve forces of the United States or a
3member of the Illinois National Guard.
4    (b) No municipality owning a public utility shall stop gas
5or electricity from entering the residential premises of which
6a service member was a primary occupant immediately before the
7service member entered military service was deployed on active
8duty for nonpayment for gas or electricity supplied to the
9residential premises.
10    (c) Upon the return from military service active duty of a
11residential consumer who is a service member, the municipality
12shall offer the residential consumer a period equal to at least
13the period of the residential consumer's military service
14deployment on active duty to pay any arrearages incurred during
15the period of the residential consumer's military service
16deployment. The municipality shall inform the residential
17consumer that, if the period the municipality offers presents a
18hardship to the consumer, the consumer may request a longer
19period to pay the arrearages.
20    (d) In order to be eligible for the benefits granted to a
21service member under this Section, a service member must
22provide the municipality owning a public utility with a copy of
23the orders calling the service member to military service in
24excess of 29 consecutive days or copies of orders further
25extending the service member's period of service and provide
26documentation that his or her military service materially

 

 

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1affects his or her ability to pay for such services when due.
2In the event the service member no longer claims to be the
3primary occupant of the residential premises, or if the
4customer account of record changes, then the municipality
5owning a public utility may enforce all applicable rules,
6regulations, and tariffs. In order to be eligible for the
7benefits granted to service members under this Section, a
8service member must provide the municipality with a copy of the
9military or gubernatorial orders calling the service member to
10active duty and of any orders further extending the service
11member's period of active duty.
12    (e) A violation of this Section constitutes a civil rights
13violation under the Illinois Human Rights Act.
14    All proceeds from the collection of any civil penalty
15imposed under this subsection shall be deposited into the
16Illinois Military Family Relief Fund.
17(Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06;
1895-392, eff. 8-23-07.)
 
19    Section 925. The Illinois Insurance Code is amended by
20changing Section 224.05 as follows:
 
21    (215 ILCS 5/224.05)
22    Sec. 224.05. Military personnel in military service on
23active duty; no lapse of life insurance policy.
24    (a) Except as provided in subsection (b), this Section

 

 

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

 

 

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1reserve forces of the United States or a member of the Illinois
2National Guard or during the 2-year period subsequent to the
3end of the member's period of military service.
4    (d) In order to be eligible for the benefits granted to
5service members under this Section, a service member must
6provide the life insurance company with a copy of the military
7or gubernatorial orders calling the service member to military
8service active duty and of any orders further extending the
9service member's period of service active duty.
10    (e) This Section does not limit a life insurance company's
11enforcement of provisions in the insured's policy relating to
12naval or military service in time of war.
13    (f) A violation of this Section constitutes a civil rights
14violation under the Illinois Human Rights Act.
15    All proceeds from the collection of any civil penalty
16imposed under this subsection shall be deposited into the
17Illinois Military Family Relief Fund.
18(Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06;
1995-392, eff. 8-23-07.)
 
20    Section 930. The Public Utilities Act is amended by
21changing Section 8-201.5 as follows:
 
22    (220 ILCS 5/8-201.5)
23    Sec. 8-201.5. Military personnel in military service on
24active duty; no stoppage of gas or electricity; arrearage.

 

 

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1    (a) In this Section:
2    "Military service" means any full-time training or duty no
3matter how described under federal or State law for which a
4service member is ordered to report by the President, Governor
5of a state, commonwealth, or territory of the United States, or
6other appropriate military authority.
7    "Active duty" means active duty pursuant to an executive
8order of the President of the United States, an act of the
9Congress of the United States, or an order of the Governor.
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) No company or electric cooperative shall for nonpayment
17stop gas or electricity from entering the residential premises
18that was the primary residence of which a service member was a
19primary occupant immediately before the service member was
20assigned to military service was deployed on active duty for
21nonpayment for gas or electricity supplied to the residential
22premises.
23    (c) In order to be eligible for the benefits granted to
24service members under this Section, a service member must
25provide the company or electric cooperative with a copy of the
26military or gubernatorial orders calling the service member to

 

 

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1military service in excess of 29 consecutive days active duty
2and of any orders further extending the service member's period
3of service active duty.
4    (d) Upon the return from military service active duty of a
5residential consumer who is a service member, the company or
6electric cooperative shall offer the residential consumer a
7period equal to at least the period of military service
8deployment on active duty to pay any arrearages incurred during
9the period of the residential consumer's military service
10deployment. The company or electric cooperative shall inform
11the residential consumer that, if the period that the company
12or electric cooperative offers presents a hardship to the
13consumer, the consumer may request a longer period to pay the
14arrearages and, in the case of a company that is a public
15utility, may request the assistance of the Illinois Commerce
16Commission to obtain a longer period. No late payment fees or
17interest shall be charged to the residential consumer during
18the period of military service deployment or the repayment
19period.
20    (e) A public utility shall be permitted to recover the
21uncollectible costs it incurs in complying with the
22requirements of this Section, including through the utility's
23automatic adjustment clause tariff authorized under either
24Section 16-111.8 or Section 19-145 of this Act. In the event
25that a public utility does not have such a tariff in effect,
26then the public utility shall recover such costs consistent

 

 

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1with the rules established by the Illinois Commerce Commission
2pursuant to subparagraph (3) of subsection (f) of this Section.
3    (f) The Illinois Commerce Commission shall initiate a
4rulemaking proceeding to establish rules regarding, at a
5minimum:
6        (1) what documents or proof the service member must
7    provide to the public utility to establish that the
8    residential premises was the primary residence of the
9    service member immediately before the service member
10    entered military service;
11        (2) what constitutes "hardship to the consumer" as that
12    term is used in subsection (d) of this Section; and
13        (3) the mechanism or mechanisms pursuant to which a
14    public utility that does not have in effect an automatic
15    adjustment clause tariff under either Section 16-111.8 or
16    Section 19-145 of this Act shall recover the uncollectible
17    costs it incurs in complying with the requirements of this
18    Section.
19    (g) (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.)
 

 

 

09700SB3287ham001- 24 -LRB097 17537 KTG 68499 a

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

 

 

09700SB3287ham001- 25 -LRB097 17537 KTG 68499 a

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

 

 

09700SB3287ham001- 27 -LRB097 17537 KTG 68499 a

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

 

 

09700SB3287ham001- 28 -LRB097 17537 KTG 68499 a

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

 

 

09700SB3287ham001- 29 -LRB097 17537 KTG 68499 a

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

 

 

09700SB3287ham001- 30 -LRB097 17537 KTG 68499 a

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 the state, commonwealth, or territory of the United States,
18or other 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

 

 

09700SB3287ham001- 32 -LRB097 17537 KTG 68499 a

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,

 

 

09700SB3287ham001- 34 -LRB097 17537 KTG 68499 a

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

 

 

09700SB3287ham001- 35 -LRB097 17537 KTG 68499 a

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.)
 

 

 

09700SB3287ham001- 36 -LRB097 17537 KTG 68499 a

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

 

 

09700SB3287ham001- 37 -LRB097 17537 KTG 68499 a

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

 

 

09700SB3287ham001- 38 -LRB097 17537 KTG 68499 a

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;

 

 

09700SB3287ham001- 39 -LRB097 17537 KTG 68499 a

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

 

 

09700SB3287ham001- 40 -LRB097 17537 KTG 68499 a

1is materially affected by the buyer's military service:
2        (1) stay any repossession of goods subject to the
3    retail install contract for a period of 90 days after the
4    buyer returns from military service, unless, in the opinion
5    of the court, justice and equity require a longer or
6    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 install contract or stay the
13    disposition of repossessed goods or collateral subject to
14    the retail install 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

 

 

09700SB3287ham001- 41 -LRB097 17537 KTG 68499 a

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.)
 

 

 

09700SB3287ham001- 42 -LRB097 17537 KTG 68499 a

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.)".