Rep. Elaine Nekritz

Filed: 3/23/2012

 

 


 

 


 
09700HB4464ham002LRB097 17536 RPM 67849 a

1
AMENDMENT TO HOUSE BILL 4464

2    AMENDMENT NO. ______. Amend House Bill 4464, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 1. Short title. This Act may be cited as the
6Illinois Service Member Civil Relief Act.
 
7    Section 5. Legislative intent. Nothing in this Act is
8intended to impair any existing right or benefit available to
9any service member.
 
10    Section 10. Definitions. In this Act:
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.

 

 

09700HB4464ham002- 2 -LRB097 17536 RPM 67849 a

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

 

 

09700HB4464ham002- 3 -LRB097 17536 RPM 67849 a

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

 

 

09700HB4464ham002- 4 -LRB097 17536 RPM 67849 a

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

 

 

09700HB4464ham002- 5 -LRB097 17536 RPM 67849 a

1the service member entered military service, shall be subject
2to Section 4.05 of the Interest Act.
 
3    Section 45. Termination of lease; motor vehicle. The
4termination of a motor vehicle lease involving a service member
5who has entered military service or the spouse of that service
6member shall be subject to Section 37 of the Motor Vehicle
7Leasing Act.
 
8    Section 50. Termination of property lease. The termination
9of a lease for a mobile home lot, residential premises, or
10non-residential premises by a service member who has entered
11military service, or by the spouse of that service member, in
12conjunction with a lease entered into on or after the effective
13date of this Act is subject to Section 16 of the Landlord and
14Tenant Act. The termination of a lease for farm or agricultural
15real property by a service member who has entered military
16service or by the spouse of that service member is subject to
17Section 9-206 of the Code of Civil Procedure and Section 16 of
18the Landlord and Tenant Act.
 
19    Section 55. Stay of administrative contested case
20hearings. The stay of an administrative contested case hearing
21involving a named party who is a service member that has
22entered military service shall be subject to Section 10-63 of
23the Illinois Administrative Procedure Act.
 

 

 

09700HB4464ham002- 6 -LRB097 17536 RPM 67849 a

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

 

 

09700HB4464ham002- 7 -LRB097 17536 RPM 67849 a

1proceeding, or the entry or enforcement of any civil order,
2writ, judgment, or decree involving a service member who has
3entered military service shall be subject to Section 30.25 of
4the Military Code of Illinois.
 
5    Section 80. School attendance and tuition. A full monetary
6credit or refund for funds paid to any Illinois public
7university, college, or community college on behalf of any
8service member who enters military service shall be subject to
9Section 30.30 of the Military Code of Illinois.
 
10    Section 900. The Illinois Administrative Procedure Act is
11amended by adding Section 10-63 as follows:
 
12    (5 ILCS 100/10-63 new)
13    Sec. 10-63. Stay of contested case hearings; military.
14    (a) In this Section:
15    "Military service" means any full-time training or duty no
16matter how described under federal or State law for which a
17service member is ordered to report by the President, Governor
18of a state, commonwealth, or territory of the United States, or
19other appropriate military authority.
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.

 

 

09700HB4464ham002- 8 -LRB097 17536 RPM 67849 a

1    (b) In a contested case in which a named party is a service
2member who has entered military service, for a period of 14
3days that follow the conclusion of military service the
4administrative law judge shall, upon motion made by or on
5behalf of the service member, stay the hearing for a period of
690 days if the service member's ability to appear at the
7hearing is materially affected by his or her military service.
8    (c) In order to be eligible for the benefits granted to
9service members under this Section, a service member must
10demonstrate that his or her military service has been in excess
11of 29 consecutive days and has materially affected his or her
12ability to attend the hearing by submitting a letter to the
13administrative law judge from the service member's commanding
14officer stating that the service member's military duty has
15prevented the service member from appearing at the hearing and
16that military leave has not been authorized. The service member
17must also provide the administrative law judge with an
18approximate date of availability.
19    (d) Additional stays of the contested case hearing shall be
20permitted at the discretion of the administrative law judge if
21all of the requirements of this Section are met.
22    (e) A violation of this Section constitutes a civil rights
23violation under the Illinois Human Rights Act. All proceeds
24from the collection of any civil penalty imposed under this
25subsection shall be deposited into the Illinois Military Family
26Relief Fund.
 

 

 

09700HB4464ham002- 9 -LRB097 17536 RPM 67849 a

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:
 

 

 

09700HB4464ham002- 10 -LRB097 17536 RPM 67849 a

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

 

 

09700HB4464ham002- 11 -LRB097 17536 RPM 67849 a

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

 

 

09700HB4464ham002- 12 -LRB097 17536 RPM 67849 a

1    Sec. 30.25. Stay of prosecution. During and for a period of
214 days after a period of military service training or duty in
3excess of 29 days either under Title 32 of the United States
4Code or under State Active Duty, a court having jurisdiction
5over the enforcement of any civil obligation or liability, the
6prosecution of any civil suit or proceeding, or the entry or
7enforcement of any civil order, writ, judgment, or decree may
8stay, postpone, or suspend the matter if the court determines
9that a service member's person's failure to meet the obligation
10is the direct result of that period of military service
11training or duty. The stay, postponement, or suspension of
12proceedings does not in any way modify any condition,
13obligation, term, or liability agreed upon or incurred by a
14person in military service including but not limited to accrued
15interest, late fees, or penalties. No stay, postponement, or
16suspension shall be provided regarding any written agreement
17entered into, or debt that is incurred, by the person during or
18after his or her period of military service training or duty
19either under Title 32 of the United States Code or under State
20Active Duty. A violation of this Section constitutes a civil
21rights violation under the Illinois Human Rights Act. All
22proceeds from the collection of any civil penalty imposed under
23this Section shall be deposited into the Illinois Military
24Family Relief Fund.
25(Source: P.A. 92-716, eff. 7-24-02.)
 

 

 

09700HB4464ham002- 13 -LRB097 17536 RPM 67849 a

1    (20 ILCS 1805/30.30)
2    Sec. 30.30. School attendance and tuition. Any service
3member that enters military service person in federal active
4duty under Title 10 of the United States Code, or in training
5or duty under Title 32 of the United States Code, or in State
6Active Duty, pursuant to the orders of the Governor has the
7right to receive a full monetary credit or refund for funds
8paid to any Illinois public university, college, or community
9college if the service member person is placed into a period of
10military service with the State of Illinois pursuant to the
11orders of the Governor and is unable to attend the university
12or college for a period of 7 or more days. Withdrawal from the
13course shall not impact upon the final grade point average of
14the service member person. If any service member person who has
15been enrolled in any Illinois public university, college, or
16community college is unable to process his or her enrollment
17for the upcoming term, he or she shall have any and all late
18penalties and or charges set aside, including any and all late
19processing fees for books, lab fees, and all items that were
20not in place because the service member person was engaged in
21military service and was unable to enroll in the courses at the
22appropriate time. The rights set forth in this Section are in
23addition to any rights afforded to persons in military service
24with the State of Illinois pursuant to the orders of the
25Governor under the policies of an Illinois public university,
26college, or community college. A violation of this Section

 

 

09700HB4464ham002- 14 -LRB097 17536 RPM 67849 a

1constitutes a civil rights violation under the Illinois Human
2Rights Act. All proceeds from the collection of any civil
3penalty imposed under this Section shall be deposited into the
4Illinois Military Family Relief Fund.
5(Source: P.A. 92-716, eff. 7-24-02.)
 
6    Section 920. The Illinois Municipal Code is amended by
7changing Section 11-117-12.2 as follows:
 
8    (65 ILCS 5/11-117-12.2)
9    Sec. 11-117-12.2. Military personnel in military service
10on active duty; no stoppage of gas or electricity; arrearage.
11    (a) In this Section:
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    "Primary occupant" means the current residential customer
18of record in whose name the account is registered with the
19municipality owning a public utility.
20    "Active duty" means active duty pursuant to an executive
21order of the President of the United States, an act of the
22Congress of the United States, or an order of the Governor.
23    "Service member" means a resident of Illinois who is a
24member of any component of the U.S. Armed Forces or the

 

 

09700HB4464ham002- 15 -LRB097 17536 RPM 67849 a

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

 

 

09700HB4464ham002- 16 -LRB097 17536 RPM 67849 a

1documentation that his or her military service materially
2affects his or her ability to pay for such services when due.
3In the event the service member no longer claims to be the
4primary occupant of the residential premises, or if the
5customer account of record changes, then the municipality
6owning a public utility may enforce all applicable rules,
7regulations, and tariffs. In order to be eligible for the
8benefits granted to service members under this Section, a
9service member must provide the municipality with a copy of the
10military or gubernatorial orders calling the service member to
11active duty and of any orders further extending the service
12member's period of active duty.
13    (e) 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 925. The Illinois Insurance Code is amended by
21changing Section 224.05 as follows:
 
22    (215 ILCS 5/224.05)
23    Sec. 224.05. Military personnel in military service on
24active duty; no lapse of life insurance policy.

 

 

09700HB4464ham002- 17 -LRB097 17536 RPM 67849 a

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

 

 

09700HB4464ham002- 18 -LRB097 17536 RPM 67849 a

1excess of 29 consecutive days member of the armed services or
2reserve forces of the United States or a member of the Illinois
3National Guard or during the 2-year period subsequent to the
4end of the member's period of military service.
5    (d) In order to be eligible for the benefits granted to
6service members under this Section, a service member must
7provide the life insurance company with a copy of the military
8or gubernatorial orders calling the service member to military
9service active duty and of any orders further extending the
10service member's period of service active duty.
11    (e) This Section does not limit a life insurance company's
12enforcement of provisions in the insured's policy relating to
13naval or military service in time of war.
14    (f) A violation of this Section constitutes a civil rights
15violation under the Illinois Human Rights Act.
16    All proceeds from the collection of any civil penalty
17imposed under this subsection shall be deposited into the
18Illinois Military Family Relief Fund.
19(Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06;
2095-392, eff. 8-23-07.)
 
21    Section 930. The Public Utilities Act is amended by
22changing Section 8-201.5 as follows:
 
23    (220 ILCS 5/8-201.5)
24    Sec. 8-201.5. Military personnel in military service on

 

 

09700HB4464ham002- 19 -LRB097 17536 RPM 67849 a

1active duty; no stoppage of gas or electricity; arrearage.
2    (a) In this Section:
3    "Military service" means any full-time training or duty no
4matter how described under federal or State law for which a
5service member is ordered to report by the President, Governor
6of a state, commonwealth, or territory of the United States, or
7other appropriate military authority.
8    "Active duty" means active duty pursuant to an executive
9order of the President of the United States, an act of the
10Congress of the United States, or an order of the Governor.
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 member of the
15armed services or reserve forces of the United States or a
16member of the Illinois National Guard.
17    (b) No company or electric cooperative shall stop gas or
18electricity from entering the residential premises of which a
19service member was a primary occupant immediately before the
20service member entered military service was deployed on active
21duty for nonpayment for gas or electricity supplied to the
22residential premises.
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

 

 

09700HB4464ham002- 20 -LRB097 17536 RPM 67849 a

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 violation of this Section constitutes a civil rights
21violation under the Illinois Human Rights Act.
22    All proceeds from the collection of any civil penalty
23imposed under this subsection shall be deposited into the
24Illinois Military Family Relief Fund.
25(Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06;
2695-392, eff. 8-23-07.)
 

 

 

09700HB4464ham002- 21 -LRB097 17536 RPM 67849 a

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

 

 

09700HB4464ham002- 22 -LRB097 17536 RPM 67849 a

1learning who is unable, because of his or her military service,
2to attend classes on a particular day or days has the right to
3be excused and to reschedule a course examination administered
4on such day or days. The faculty and administrative officials
5shall make available to the service member an equivalent
6opportunity to make up any examination he or she has missed
7because of his or her military service.
8    The rights set forth in this Section are in addition to any
9rights afforded to persons in military service with the State
10of Illinois or in federal active duty service pursuant to the
11orders of the President of the United States or the Governor
12under the policies of an Illinois public university, college,
13or community college.
14    (b) For the purposes of this Section:
15    "Institution of higher learning" has the same meaning as in
16Section 10 of the Higher Education Student Assistance Act.
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    "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
25commonwealth, or a territory of the United States.
26(Source: P.A. 93-822, eff. 7-28-04.)
 

 

 

09700HB4464ham002- 23 -LRB097 17536 RPM 67849 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

 

 

09700HB4464ham002- 24 -LRB097 17536 RPM 67849 a

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

 

 

09700HB4464ham002- 25 -LRB097 17536 RPM 67849 a

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

 

 

09700HB4464ham002- 26 -LRB097 17536 RPM 67849 a

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

 

 

09700HB4464ham002- 27 -LRB097 17536 RPM 67849 a

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

 

 

09700HB4464ham002- 28 -LRB097 17536 RPM 67849 a

1being (here describe the premises) and you are hereby further
2notified to quit and deliver up possession of the same to me at
3the end of the lease year, the last day of such year being
4(here insert the last day of the lease year).
5(Source: P.A. 82-280.)
 
6    (735 ILCS 5/15-1501.6 new)
7    Sec. 15-1501.6. Relief in mortgage foreclosure proceedings
8for military personnel in military service.
9    (a) In this Section:
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    "Service member" means a resident of Illinois who is a
16member of any component of the U.S. Armed Forces or the
17National Guard of any state, the District of Columbia, a
18commonwealth, or a territory of the United States.
19    (b) In an action for foreclosure, a mortgagor who is a
20service member that has entered military service for a period
21greater than 29 consecutive days or any member of the
22mortgagor's family who resides with the mortgagor at the
23mortgaged premises, if the mortgagor entered into the mortgage
24agreement before the mortgagor received orders for military
25service on or after the effective date of this amendatory Act

 

 

09700HB4464ham002- 29 -LRB097 17536 RPM 67849 a

1of the 97th General Assembly, may file a motion for relief and
2the court shall, if the mortgagor's ability to pay the agreed
3mortgage payments or to defend the foreclosure proceedings is
4materially affected by the mortgagor's military service, do one
5or more of the following:
6        (1) stay the proceedings for a period of 90 days after
7    the mortgagor returns from military service, unless, in the
8    opinion of the court, justice and equity require a longer
9    or shorter period of time; or
10        (2) adjust the obligation under the mortgage agreement
11    by reducing the monthly payments for a period lasting up to
12    90 days after the mortgagor returns from military service
13    and extending the term of the mortgage, provided that the
14    adjustment preserves the interest of all parties to it.
15    (c) In order to be eligible for the benefits granted to a
16service member under this Section, a service member or a member
17of the service member's family who resides with the service
18member at the mortgaged premises must provide the court and the
19mortgagee with a copy of the orders calling the service member
20to military service in excess of 29 consecutive days and of any
21orders further extending the service member's period of
22service.
23    (d) If a stay is granted under this Section, the court may
24grant the mortgagee such relief as equity may require.
25    (e) The forms of relief available under this Section shall
26continue to be available up to 90 days after the completion of

 

 

09700HB4464ham002- 30 -LRB097 17536 RPM 67849 a

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

 

 

09700HB4464ham002- 31 -LRB097 17536 RPM 67849 a

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

 

 

09700HB4464ham002- 32 -LRB097 17536 RPM 67849 a

1the notice to the landlord. If any rent payment was made in
2advance, the landlord must return any unearned portion and the
3landlord must return any security deposit paid, except to the
4extent that there are actual damages or repairs to be paid from
5the security deposit as provided in the lease agreement.
6    (e) A landlord's failure to accept a service member's
7termination of a lease that is effected pursuant to this
8Section imposed by this Section constitutes a civil rights
9violation under the Illinois Human Rights Act. All proceeds
10from the collection of any civil penalty imposed under this
11subsection shall be deposited into the Illinois Military Family
12Relief Fund.
 
13    Section 950. The Illinois Human Rights Act is amended by
14changing Section 6-102 as follows:
 
15    (775 ILCS 5/6-102)
16    Sec. 6-102. Violations of other Acts. A person who violates
17the Military Leave of Absence Act, the Public Employee Armed
18Services Rights Act, Section 11-117-12.2 of the Illinois
19Municipal Code, Section 224.05 of the Illinois Insurance Code,
20Section 8-201.5 of the Public Utilities Act, Sections 2-1401.1,
219-107.10, 9-107.11, and 15-1501.6 Section 9-107.10 of the Code
22of Civil Procedure, Section 4.05 of the Interest Act, the
23Military Personnel Cellular Phone Contract Termination Act,
24Section 405-272 of the Civil Administrative Code of Illinois,

 

 

09700HB4464ham002- 33 -LRB097 17536 RPM 67849 a

1Section 10-63 of the Illinois Administrative Procedure Act,
2Sections 30.25 and 30.30 of the Military Code of Illinois,
3Section 16 of the Landlord and Tenant Act, Section 26.5 of the
4Retail Installment Sales Act, or Section 37 of the Motor
5Vehicle Leasing Act commits a civil rights violation within the
6meaning of this Act.
7(Source: P.A. 95-392, eff. 8-23-07.)
 
8    Section 955. The Uniform Commercial Code is amended by
9changing Section 9-610 as follows:
 
10    (810 ILCS 5/9-610)
11    Sec. 9-610. Disposition of collateral after default.
12    (a) Disposition after default. After default, a secured
13party may sell, lease, license, or otherwise dispose of any or
14all of the collateral in its present condition or following any
15commercially reasonable preparation or processing.
16    (b) Commercially reasonable disposition. Every aspect of a
17disposition of collateral, including the method, manner, time,
18place, and other terms, must be commercially reasonable. If
19commercially reasonable, a secured party may dispose of
20collateral by public or private proceedings, by one or more
21contracts, as a unit or in parcels, and at any time and place
22and on any terms.
23    (c) Purchase by secured party. A secured party may purchase
24collateral:

 

 

09700HB4464ham002- 34 -LRB097 17536 RPM 67849 a

1        (1) at a public disposition; or
2        (2) at a private disposition only if the collateral is
3    of a kind that is customarily sold on a recognized market
4    or the subject of widely distributed standard price
5    quotations.
6    (d) Warranties on disposition. A contract for sale, lease,
7license, or other disposition includes the warranties relating
8to title, possession, quiet enjoyment, and the like which by
9operation of law accompany a voluntary disposition of property
10of the kind subject to the contract.
11    (e) Disclaimer of warranties. A secured party may disclaim
12or modify warranties under subsection (d):
13        (1) in a manner that would be effective to disclaim or
14    modify the warranties in a voluntary disposition of
15    property of the kind subject to the contract of
16    disposition; or
17        (2) by communicating to the purchaser a record
18    evidencing the contract for disposition and including an
19    express disclaimer or modification of the warranties.
20    (f) Record sufficient to disclaim warranties. A record is
21sufficient to disclaim warranties under subsection (e) if it
22indicates "There is no warranty relating to title, possession,
23quiet enjoyment, or the like in this disposition" or uses words
24of similar import.
25    (g) The provisions of this Section are subject to Section
2626.5 of the Retail Installment Sales Act.

 

 

09700HB4464ham002- 35 -LRB097 17536 RPM 67849 a

1(Source: P.A. 91-893, eff. 7-1-01.)
 
2    Section 960. The Interest Act is amended by changing
3Section 4.05 as follows:
 
4    (815 ILCS 205/4.05)
5    Sec. 4.05. Military personnel in military service on active
6duty; limitation on interest rate.
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    "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    "Obligation" means any retail installment sales contract,
17other contract for the purchase of goods or services, or bond,
18bill, note, or other instrument of writing for the payment of
19money arising out of a contract or other transaction for the
20purchase of goods or services.
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 member of the

 

 

09700HB4464ham002- 36 -LRB097 17536 RPM 67849 a

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

 

 

09700HB4464ham002- 37 -LRB097 17536 RPM 67849 a

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

 

 

09700HB4464ham002- 38 -LRB097 17536 RPM 67849 a

1(Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06;
295-392, eff. 8-23-07.)
 
3    Section 965. The Retail Installment Sales Act is amended by
4adding Section 26.5 as follows:
 
5    (815 ILCS 405/26.5 new)
6    Sec. 26.5. Relief concerning a retail installment contract
7default for 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) With respect to any act taken by a holder pursuant to
19Section 26, a buyer who is a service member that has entered
20military service, if the buyer entered into the retail
21installment contract before the buyer entered military service
22and on or after the effective date of this amendatory Act of
23the 97th General Assembly may file a petition for relief, and
24the court shall do one or more of the following if the buyer's

 

 

09700HB4464ham002- 39 -LRB097 17536 RPM 67849 a

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

 

 

09700HB4464ham002- 40 -LRB097 17536 RPM 67849 a

1Rights Act. All proceeds from the collection of any civil
2penalty imposed pursuant to the Illinois Human Rights Act under
3this subsection shall be deposited into the Illinois Military
4Family Relief Fund.
 
5    Section 970. The Military Personnel Cellular Phone
6Contract Termination Act is amended by changing Sections 5, 10,
715, and 22 as follows:
 
8    (815 ILCS 633/5)
9    Sec. 5. Definition. 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    "Active duty" means active duty pursuant to an executive
16order of the President of the United States, an act of the
17Congress of the United States, or an order of the Governor.
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 member of the
22armed services or reserve forces of the United States or a
23member of the Illinois National Guard.
24(Source: P.A. 94-635, eff. 8-22-05.)
 

 

 

09700HB4464ham002- 41 -LRB097 17536 RPM 67849 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

 

 

09700HB4464ham002- 42 -LRB097 17536 RPM 67849 a

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

 

 

09700HB4464ham002- 43 -LRB097 17536 RPM 67849 a

1changing Section 37 as follows:
 
2    (815 ILCS 636/37)
3    Sec. 37. Military personnel in military service on active
4duty; termination of lease.
5    (a) In this Act:
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 a state, commonwealth, or territory of the United States, or
10other appropriate military authority.
11    "Active duty" means active duty pursuant to an executive
12order of the President of the United States, an act of the
13Congress of the United States, or an order of the Governor.
14    "Motor vehicle" means any automobile, car minivan,
15passenger van, sport utility vehicle, pickup truck, or other
16self-propelled vehicle not operated or driven on fixed rails or
17track.
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 member of the
22armed services or reserve forces of the United States or a
23member of the Illinois National Guard.
24    (b) Any service member who enters military service is
25deployed on active duty for a period of not less than 180 days,

 

 

09700HB4464ham002- 44 -LRB097 17536 RPM 67849 a

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

 

 

09700HB4464ham002- 45 -LRB097 17536 RPM 67849 a

1charges to the lessee for excess wear, use, and mileage, that
2are due and unpaid at the time of the lease's termination shall
3be paid by the lessee.
4    (e) The lessor shall refund to the lessee lease amounts
5paid in advance for a period after the effective date of the
6lease's termination within 30 days after the effective date of
7the lease's termination.
8    (f) Upon application by the lessor to a court before the
9effective date of the lease's termination, relief granted by
10this Section may be modified as justice and equity require.
11    (g) A violation of this Section constitutes a civil rights
12violation under the Illinois Human Rights Act.
13    All proceeds from the collection of any civil penalty
14imposed under this subsection shall be deposited into the
15Illinois Military Family Relief Fund.
16(Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06;
1795-392, eff. 8-23-07.)".