HB4464 EngrossedLRB097 17536 RPM 62740 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Illinois Service Member Civil Relief Act.
 
6    Section 5. Legislative intent. Nothing in this Act is
7intended to impair any existing right or benefit available to
8any service member.
 
9    Section 10. Definitions. In this Act:
10    "Military service" means any full-time training or duty, no
11matter how described under federal or State law, for which a
12service member is ordered to report by the President, Governor
13of a state, commonwealth, or territory of the United States, or
14other appropriate military authority.
15    "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    "Training or duty under Title 32 of the United States Code"
20has the same meaning ascribed to that term in Section 30.10 of
21the Military Code of Illinois.
22    "State Active Duty" has the same meaning ascribed to that

 

 

HB4464 Engrossed- 2 -LRB097 17536 RPM 62740 b

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

 

 

HB4464 Engrossed- 3 -LRB097 17536 RPM 62740 b

1Section 11-117-12.2 of the Illinois Municipal Code when the
2entity providing the gas or electrical service is a
3municipality owning a public utility, or shall be subject to
4Section 8-201.5 of the Public Utilities Act when the entity
5providing the gas or electrical service is a company or
6electric cooperative.
7    (b) Payment periods offered to a residential consumer who
8is a service member upon his or her return from military
9service to pay off any arrearages incurred during the period of
10the residential consumer's service period shall be subject to
11Section 11-117-12.2 of the Illinois Municipal Code when the
12entity offering the payment period is a municipality owning a
13public utility, or shall be subject to Section 8-201.5 of the
14Public Utilities Act when the entity offering the payment
15period is a company or electric cooperative.
16    (c) In order to be eligible for the benefits granted to
17service members under this Section, a service member must
18provide the company or electric cooperative with a copy of the
19orders calling the service member to military service, or
20copies of orders further extending the service member's period
21of service, and claim hardship. In order to establish a
22hardship, the primary occupant must demonstrate to the company
23or electric cooperative's satisfaction that as a service member
24his or her military service has materially and currently
25affected his or her ability to pay for such services when due.
26Further, in the event the service member no longer claims to be

 

 

HB4464 Engrossed- 4 -LRB097 17536 RPM 62740 b

1the primary occupant of the residential premises or the
2customer account of record changes, then the company or
3electric cooperative may enforce all applicable rules,
4regulations, and tariffs.
 
5    Section 30. Life insurance policy. The lapse or forfeiture
6of an individual life insurance policy insuring the life of a
7service member who enters military service shall be subject to
8Section 224.05 of the Illinois Insurance Code.
 
9    Section 35. Action for possession of residential premises
10of a tenant. An action for possession of residential premises
11of a tenant, including a tenant who is a resident of a mobile
12home park, who is a service member that has entered military
13service, or of any member of the tenant's family who resides
14with the tenant shall be subject to Section 9-107.10 of the
15Code of Civil Procedure.
 
16    Section 40. Limitation on interest rate. Interest or
17finance charges collected or charged to a service member who
18has entered military service, or the spouse of that service
19member, in connection with an obligation entered into on or
20after the date of August 22, 2005, but prior to the date that
21the service member entered military service, shall be subject
22to Section 4.05 of the Interest Act.
 

 

 

HB4464 Engrossed- 5 -LRB097 17536 RPM 62740 b

1    Section 45. Termination of lease; motor vehicle. The
2termination of a motor vehicle lease involving a service member
3who has entered military service or the spouse of that service
4member shall be subject to Section 37 of the Motor Vehicle
5Leasing Act.
 
6    Section 50. Termination of property lease. The termination
7of a lease for a mobile home lot, residential premises, or
8non-residential premises by a service member who has entered
9military service, or by the spouse of that service member, in
10conjunction with a lease entered into on or after the effective
11date of this Act is subject to Section 16 of the Landlord and
12Tenant Act. The termination of a lease for farm or agricultural
13real property by a service member who has entered military
14service or by the spouse of that service member is subject to
15Section 9-206 of the Code of Civil Procedure and Section 16 of
16the Landlord and Tenant Act.
 
17    Section 55. Stay of administrative contested case
18hearings. The stay of an administrative contested case hearing
19involving a named party who is a service member that has
20entered military service shall be subject to Section 10-63 of
21the Illinois Administrative Procedure Act.
 
22    Section 60. Default judgment protection. Relief from a
23final order or judgment entered by default against a service

 

 

HB4464 Engrossed- 6 -LRB097 17536 RPM 62740 b

1member who has entered military service is subject to Section
22-1401.1 of the Code of Civil Procedure.
 
3    Section 65. Property repossession under retail installment
4sales. The repossession of personal property pursuant to a
5retail installment sales contract entered into before the buyer
6has entered military service and on or after the effective date
7of this Act that relates to the personal property of the
8service member is subject to Section 26.5 of the Retail
9Installment Sales Act and Section 9-610 of the Uniform
10Commercial Code.
 
11    Section 70. Protection against foreclosure or a judicial
12sale in a foreclosure. Foreclosure and a judicial sale pursuant
13to a foreclosure against a service member who has entered
14military service in conjunction with a mortgage agreement
15entered into before the mortgagor entered military service and
16on or after the effective date of this Act is subject to
17Section 15-1501.6 of the Code of Civil Procedure.
 
18    Section 75. Stay of prosecution; civil matters. The stay,
19postponement, or suspension of the enforcement of any civil
20obligation or liability, the prosecution of any civil suit or
21proceeding, or the entry or enforcement of any civil order,
22writ, judgment, or decree involving a service member who has
23entered military service shall be subject to Section 30.25 of

 

 

HB4464 Engrossed- 7 -LRB097 17536 RPM 62740 b

1the Military Code of Illinois.
 
2    Section 80. School attendance and tuition. A full monetary
3credit or refund for funds paid to any Illinois public
4university, college, or community college on behalf of any
5service member who enters military service shall be subject to
6Section 30.30 of the Military Code of Illinois.
 
7    Section 900. The Illinois Administrative Procedure Act is
8amended by adding Section 10-63 as follows:
 
9    (5 ILCS 100/10-63 new)
10    Sec. 10-63. Stay of contested case hearings; military.
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    "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.
21    (b) In a contested case in which a named party is a service
22member who has entered military service, for a period of 14
23days that follow the conclusion of military service the

 

 

HB4464 Engrossed- 8 -LRB097 17536 RPM 62740 b

1administrative law judge shall, upon motion made by or on
2behalf of the service member, stay the hearing for a period of
390 days if the service member's ability to appear at the
4hearing is materially affected by his or her military service.
5    (c) In order to be eligible for the benefits granted to
6service members under this Section, a service member must
7demonstrate that his or her military service has been in excess
8of 29 consecutive days and has materially affected his or her
9ability to attend the hearing by submitting a letter to the
10administrative law judge from the service member's commanding
11officer stating that the service member's military duty has
12prevented the service member from appearing at the hearing and
13that military leave has not been authorized. The service member
14must also provide the administrative law judge with an
15approximate date of availability.
16    (d) Additional stays of the contested case hearing shall be
17permitted at the discretion of the administrative law judge if
18all of the requirements of this Section are met.
19    (e) A violation of this Section constitutes a civil rights
20violation under the Illinois Human Rights Act. All proceeds
21from the collection of any civil penalty imposed under this
22subsection shall be deposited into the Illinois Military Family
23Relief Fund.
 
24    Section 905. The Civil Administrative Code of Illinois is
25amended by adding Section 5-715 as follows:
 

 

 

HB4464 Engrossed- 9 -LRB097 17536 RPM 62740 b

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

 

 

HB4464 Engrossed- 10 -LRB097 17536 RPM 62740 b

1military personnel in military service on active duty.
2    (a) In this Section:
3    "Active duty" means active duty pursuant to an executive
4order of the President of the United States, an act of the
5Congress of the United States, or an order of the Governor.
6    "Immediate family" means a service member's spouse
7residing in the service member's household, brothers and
8sisters of the whole or of the half blood, children, including
9adopted children and stepchildren, parents, and grandparents.
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 member of the
19armed services or reserve forces of the United States or a
20member of the Illinois National Guard.
21    (b) The Department may enter into a contract to purchase
22bulk long distance telephone services and make them available
23at cost, or may make bulk long distance telephone services
24available at cost under any existing contract the Department
25has entered into, to persons in the immediate family of service
26members that have entered military service deployed on active

 

 

HB4464 Engrossed- 11 -LRB097 17536 RPM 62740 b

1duty so that those persons in the service members' families can
2communicate with the service members so deployed. If the
3Department enters into a contract under this Section, it shall
4do so in accordance with the Illinois Procurement Code and in a
5nondiscriminatory manner that does not place any potential
6vendor at a competitive disadvantage.
7    (c) In order to be eligible to use bulk long distance
8telephone services purchased by the Department under this
9Section, a service member or person in the service member's
10immediate family must provide the Department with a copy of the
11military or gubernatorial orders calling the service member to
12military service in excess of 29 consecutive days active duty
13and of any orders further extending the service member's period
14of military service active duty.
15    (d) If the Department enters into a contract under this
16Section, the Department shall adopt rules as necessary to
17implement this Section.
18(Source: P.A. 94-635, eff. 8-22-05.)
 
19    Section 915. The Military Code of Illinois is amended by
20changing Sections 30.25 and 30.30 as follows:
 
21    (20 ILCS 1805/30.25)
22    Sec. 30.25. Stay of prosecution. During and for a period of
2314 days after a period of military service training or duty in
24excess of 29 days either under Title 32 of the United States

 

 

HB4464 Engrossed- 12 -LRB097 17536 RPM 62740 b

1Code or under State Active Duty, a court having jurisdiction
2over the enforcement of any civil obligation or liability, the
3prosecution of any civil suit or proceeding, or the entry or
4enforcement of any civil order, writ, judgment, or decree may
5stay, postpone, or suspend the matter if the court determines
6that a service member's person's failure to meet the obligation
7is the direct result of that period of military service
8training or duty. The stay, postponement, or suspension of
9proceedings does not in any way modify any condition,
10obligation, term, or liability agreed upon or incurred by a
11person in military service including but not limited to accrued
12interest, late fees, or penalties. No stay, postponement, or
13suspension shall be provided regarding any written agreement
14entered into, or debt that is incurred, by the person during or
15after his or her period of military service training or duty
16either under Title 32 of the United States Code or under State
17Active Duty. A violation of this Section constitutes a civil
18rights 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. 92-716, eff. 7-24-02.)
 
23    (20 ILCS 1805/30.30)
24    Sec. 30.30. School attendance and tuition. Any service
25member that enters military service person in federal active

 

 

HB4464 Engrossed- 13 -LRB097 17536 RPM 62740 b

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

 

 

HB4464 Engrossed- 14 -LRB097 17536 RPM 62740 b

1Illinois Military Family Relief Fund.
2(Source: P.A. 92-716, eff. 7-24-02.)
 
3    Section 920. The Illinois Municipal Code is amended by
4changing Section 11-117-12.2 as follows:
 
5    (65 ILCS 5/11-117-12.2)
6    Sec. 11-117-12.2. Military personnel in military service
7on active duty; no stoppage of gas or electricity; arrearage.
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    "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    (b) No municipality owning a public utility shall stop gas
24or electricity from entering the residential premises of which

 

 

HB4464 Engrossed- 15 -LRB097 17536 RPM 62740 b

1a service member was a primary occupant immediately before the
2service member entered military service was deployed on active
3duty for nonpayment for gas or electricity supplied to the
4residential premises.
5    (c) Upon the return from military service active duty of a
6residential consumer who is a service member, the municipality
7shall offer the residential consumer a period equal to at least
8the period of the residential consumer's military service
9deployment on active duty to pay any arrearages incurred during
10the period of the residential consumer's military service
11deployment. The municipality shall inform the residential
12consumer that, if the period the municipality offers presents a
13hardship to the consumer, the consumer may request a longer
14period to pay the arrearages.
15    (d) In order to be eligible for the benefits granted to
16service members under this Section, a service member must
17provide the municipality with a copy of the military or
18gubernatorial orders calling the service member to military
19service in excess of 29 consecutive days active duty and of any
20orders further extending the service member's period of service
21active duty.
22    (e) 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.

 

 

HB4464 Engrossed- 16 -LRB097 17536 RPM 62740 b

1(Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06;
295-392, eff. 8-23-07.)
 
3    Section 925. The Illinois Insurance Code is amended by
4changing Section 224.05 as follows:
 
5    (215 ILCS 5/224.05)
6    Sec. 224.05. Military personnel in military service on
7active duty; no lapse of life insurance policy.
8    (a) Except as provided in subsection (b), this Section
9shall apply to any individual life insurance policy insuring
10the life of a resident of Illinois who is a member of any
11component of the U.S. Armed Forces or the National Guard of any
12state, the District of Columbia, a commonwealth, or a territory
13of the United States member of the armed services or reserve
14forces of the United States or a member of the Illinois
15National Guard who has entered any full-time training or duty
16which the service member was ordered to by the President,
17Governor of a state, commonwealth, or territory of the United
18States, or other appropriate military authority, if the life
19insurance is on active duty pursuant to an executive order of
20the President of the United States, an act of the Congress of
21the United States, or an order of the Governor, if the life
22insurance policy meets both of the following conditions:
23        (1) The policy has been in force for at least 180 days.
24        (2) The policy has been brought within the

 

 

HB4464 Engrossed- 17 -LRB097 17536 RPM 62740 b

1    "Servicemembers Civil Relief Act," 117 Stat. 2835 (2003),
2    50 U.S.C. App. 541 and following.
3    (b) This Section does not apply to any policy that was
4cancelled or that had lapsed for the nonpayment of premiums
5prior to the commencement of the insured's period of military
6service.
7    (c) An individual life insurance policy described in this
8Section shall not lapse or be forfeited for the nonpayment of
9premiums during the military service of a service member member
10of the armed services or reserve forces of the United States or
11a member of the Illinois National Guard or during the 2-year
12period subsequent to the end of the member's period of military
13service.
14    (d) In order to be eligible for the benefits granted to
15service members under this Section, a service member must
16provide the life insurance company with a copy of the military
17or gubernatorial orders calling the service member to military
18service active duty and of any orders further extending the
19service member's period of service active duty.
20    (e) This Section does not limit a life insurance company's
21enforcement of provisions in the insured's policy relating to
22naval or military service in time of war.
23    (f) A violation of this Section constitutes a civil rights
24violation under the Illinois Human Rights Act.
25    All proceeds from the collection of any civil penalty
26imposed under this subsection shall be deposited into the

 

 

HB4464 Engrossed- 18 -LRB097 17536 RPM 62740 b

1Illinois Military Family Relief Fund.
2(Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06;
395-392, eff. 8-23-07.)
 
4    Section 930. The Public Utilities Act is amended by
5changing Section 8-201.5 as follows:
 
6    (220 ILCS 5/8-201.5)
7    Sec. 8-201.5. Military personnel in military service on
8active duty; no stoppage of gas or electricity; arrearage.
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    "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    (b) No company or electric cooperative shall stop gas or

 

 

HB4464 Engrossed- 19 -LRB097 17536 RPM 62740 b

1electricity from entering the residential premises of which a
2service member was a primary occupant immediately before the
3service member entered military service was deployed on active
4duty for nonpayment for gas or electricity supplied to the
5residential premises.
6    (c) In order to be eligible for the benefits granted to
7service members under this Section, a service member must
8provide the company or electric cooperative with a copy of the
9military or gubernatorial orders calling the service member to
10military service in excess of 29 consecutive days active duty
11and of any orders further extending the service member's period
12of service active duty.
13    (d) Upon the return from military service active duty of a
14residential consumer who is a service member, the company or
15electric cooperative shall offer the residential consumer a
16period equal to at least the period of military service
17deployment on active duty to pay any arrearages incurred during
18the period of the residential consumer's military service
19deployment. The company or electric cooperative shall inform
20the residential consumer that, if the period that the company
21or electric cooperative offers presents a hardship to the
22consumer, the consumer may request a longer period to pay the
23arrearages and, in the case of a company that is a public
24utility, may request the assistance of the Illinois Commerce
25Commission to obtain a longer period. No late payment fees or
26interest shall be charged to the residential consumer during

 

 

HB4464 Engrossed- 20 -LRB097 17536 RPM 62740 b

1the period of military service deployment or the repayment
2period.
3    (e) A violation of this Section constitutes a civil rights
4violation under the Illinois Human Rights Act.
5    All proceeds from the collection of any civil penalty
6imposed under this subsection shall be deposited into the
7Illinois Military Family Relief Fund.
8(Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06;
995-392, eff. 8-23-07.)
 
10    Section 935. The Service Member's Employment Tenure Act is
11amended by changing Section 5.2 as follows:
 
12    (330 ILCS 60/5.2)
13    Sec. 5.2. School attendance and tuition.
14    (a) Any person in military service with the State of
15Illinois or in federal active duty service pursuant to the
16orders of the President of the United States or the Governor
17has the right to receive a full monetary credit or refund for
18funds paid to any Illinois public university, college or
19community college if the person is placed into a period of
20military service pursuant to the orders of the President of the
21United States or the Governor and is unable to attend the
22university or college for a period of 7 or more days.
23Withdrawal from the course shall not impact upon the final
24grade point average of the person. If any person who has been

 

 

HB4464 Engrossed- 21 -LRB097 17536 RPM 62740 b

1enrolled in any Illinois public university, college, or
2community college is unable to process his or her enrollment
3for the upcoming term, he or she shall have any and all late
4penalties and or charges set aside, including any and all late
5processing fees for books, lab fees, and all items that were
6not in place because the person was engaged in military service
7and was unable to enroll in the courses at the appropriate
8time.
9    A service member enrolled in an institution of higher
10learning who is unable, because of his or her military service,
11to attend classes on a particular day or days has the right to
12be excused and to reschedule a course examination administered
13on such day or days. The faculty and administrative officials
14shall make available to the service member an equivalent
15opportunity to make up any examination he or she has missed
16because of his or her military service.
17    The rights set forth in this Section are in addition to any
18rights afforded to persons in military service with the State
19of Illinois or in federal active duty service pursuant to the
20orders of the President of the United States or the Governor
21under the policies of an Illinois public university, college,
22or community college.
23    (b) For the purposes of this Section:
24    "Institution of higher learning" has the same meaning as in
25Section 10 of the Higher Education Student Assistance Act.
26    "Military service" means any full-time training or duty, no

 

 

HB4464 Engrossed- 22 -LRB097 17536 RPM 62740 b

1matter how described under federal or State law, for which a
2service member is ordered to report by the President, Governor
3of a state, commonwealth, or territory of the United States, or
4other appropriate military authority.
5    "Service member" means a resident of Illinois who is a
6member of any component of the U.S. Armed Forces or the
7National Guard of any state, the District of Columbia, a
8commonwealth, or a territory of the United States.
9(Source: P.A. 93-822, eff. 7-28-04.)
 
10    Section 940. The Code of Civil Procedure is amended by
11changing Sections 9-107.10 and 9-206 and by adding Sections
122-1401.1 and 15-1501.6 as follows:
 
13    (735 ILCS 5/2-1401.1 new)
14    Sec. 2-1401.1. Relief from default judgment; military
15personnel in military service.
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    "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, or

 

 

HB4464 Engrossed- 23 -LRB097 17536 RPM 62740 b

1commonwealth, or a territory of the United States.
2    (b) Relief from and vacation of final orders and judgments
3after 30 days from the entry thereof entered by default against
4a service member that has entered military service may be had
5upon petition as provided in this Section. All relief
6heretofore obtainable and the grounds for such relief
7heretofore available shall be available in every case, by
8proceedings commenced pursuant to this Section, regardless of
9the nature of the order or judgment from which relief is sought
10or of the proceedings in which it was entered. Except as
11provided in Section 6 of the Illinois Parentage Act of 1984,
12there shall be no distinction between actions and other
13proceedings, statutory or otherwise, as to availability of
14relief, grounds for relief or the relief obtainable.
15    (c) The petition must be filed in the same proceeding in
16which the order or judgment was entered but is not a
17continuation thereof. The petition must be supported by
18affidavit or other appropriate showing as to matters not of
19record and show that the service member did not appear in the
20proceeding, the person's military service materially affected
21the service member's ability to defend the case, the person has
22a meritorious or legal defense to the action, and the petition
23must be filed within 90 days after the service member's date of
24release from military service. All parties to the petition
25shall be notified as provided by rule.
26    (d) Except as provided in Section 20b of the Adoption Act

 

 

HB4464 Engrossed- 24 -LRB097 17536 RPM 62740 b

1and Section 2-32 of the Juvenile Court Act of 1987 or in a
2petition based upon Section 116-3 of the Code of Criminal
3Procedure of 1963, the petition must be filed not later than 90
4days after the service member's release from military service.
5Time during which the person seeking relief is under legal
6disability or duress or the ground for relief is fraudulently
7concealed shall be excluded in computing the period for filing.
8    (e) The filing of a petition under this Section does not
9affect the order or judgment, or suspend its operation.
10    (f) Unless lack of jurisdiction affirmatively appears from
11the record proper, the vacation or modification of an order or
12judgment pursuant to the provisions of this Section does not
13affect the right, title or interest in or to any real or
14personal property of any person, not a party to the original
15action, acquired for value after the entry of the order or
16judgment but before the filing of the petition, nor affect any
17right of any person not a party to the original action under
18any certificate of sale issued before the filing of the
19petition, pursuant to a sale based on the order or judgment.
20    (g) Nothing contained in this Section affects any existing
21right to relief from a void order or judgment, or to employ any
22existing method to procure that relief.
 
23    (735 ILCS 5/9-107.10)
24    Sec. 9-107.10. Military personnel in military service on
25active duty; action for possession.

 

 

HB4464 Engrossed- 25 -LRB097 17536 RPM 62740 b

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) In an action for possession of residential premises of
17a tenant, including a tenant who is a resident of a mobile home
18park, who is a service member that has entered military service
19deployed on active duty, or of any member of the tenant's
20family who resides with the tenant, if the tenant entered into
21the rental agreement on or after the effective date of this
22amendatory Act of the 94th General Assembly, the court may, on
23its own motion, and shall, upon motion made by or on behalf of
24the tenant, do either of the following if the tenant's ability
25to pay the agreed rent is materially affected by the tenant's
26military service deployment on active duty:

 

 

HB4464 Engrossed- 26 -LRB097 17536 RPM 62740 b

1        (1) Stay the proceedings for a period of 90 days,
2    unless, in the opinion of the court, justice and equity
3    require a longer or shorter period of time.
4        (2) Adjust the obligation under the rental agreement to
5    preserve the interest of all parties to it.
6    (c) In order to be eligible for the benefits granted to
7service members under this Section, a service member or a
8member of the service member's family who resides with the
9service member must provide the landlord or mobile home park
10operator with a copy of the military or gubernatorial orders
11calling the service member to military service in excess of 29
12consecutive days active duty and of any orders further
13extending the service member's period of service active duty.
14    (d) If a stay is granted under this Section, the court may
15grant the landlord or mobile home park operator such relief as
16equity may require.
17    (e) A violation of this Section constitutes a civil rights
18violation under the Illinois Human Rights Act. All proceeds
19from the collection of any civil penalty imposed pursuant to
20the Illinois Human Rights Act under this subsection shall be
21deposited into the Illinois Military Family Relief Fund.
22(Source: P.A. 94-635, eff. 8-22-05; 95-392, eff. 8-23-07.)
 
23    (735 ILCS 5/9-206)  (from Ch. 110, par. 9-206)
24    Sec. 9-206. Notice to terminate tenancy of farm land.
25Subject to the provisions of Section 16 of the Landlord and

 

 

HB4464 Engrossed- 27 -LRB097 17536 RPM 62740 b

1Tenant Act, in In order to terminate tenancies from year to
2year of farm lands, occupied on a crop share, livestock share,
3cash rent or other rental basis, the notice to quit shall be
4given in writing not less than 4 months prior to the end of the
5year of letting. Such notice may not be waived in a verbal
6lease. The notice to quit may be substantially in the following
7form:
8    To A.B.: You are hereby notified that I have elected to
9terminate your lease of the farm premises now occupied by you,
10being (here describe the premises) and you are hereby further
11notified to quit and deliver up possession of the same to me at
12the end of the lease year, the last day of such year being
13(here insert the last day of the lease year).
14(Source: P.A. 82-280.)
 
15    (735 ILCS 5/15-1501.6 new)
16    Sec. 15-1501.6. Relief in mortgage foreclosure proceedings
17for military personnel in military service.
18    (a) In this Section:
19    "Military service" means any full-time training or duty no
20matter how described under federal or State law for which a
21service member is ordered to report by the President, Governor
22of a state, commonwealth, or territory of the United States, or
23other appropriate military authority.
24    "Service member" means a resident of Illinois who is a
25member of any component of the U.S. Armed Forces or the

 

 

HB4464 Engrossed- 28 -LRB097 17536 RPM 62740 b

1National Guard of any state, the District of Columbia, a
2commonwealth, or a territory of the United States.
3    (b) In an action for foreclosure, a mortgagor who is a
4service member that has entered military service for a period
5greater than 29 consecutive days or any member of the
6mortgagor's family who resides with the mortgagor at the
7mortgaged premises, if the mortgagor entered into the mortgage
8agreement before the mortgagor received orders for military
9service on or after the effective date of this amendatory Act
10of the 97th General Assembly, may file a motion for relief and
11the court shall, if the mortgagor's ability to pay the agreed
12mortgage payments or to defend the foreclosure action or
13judicial sale is materially affected by the mortgagor's
14military service, do one or more of the following:
15        (1) stay the proceedings for a period of 90 days after
16    the mortgagor returns from active duty, unless, in the
17    opinion of the court, justice and equity require a longer
18    or shorter period of time;
19        (2) adjust the obligation under the mortgage agreement
20    by reducing the monthly payments and extend the term of the
21    mortgage, provided that the adjustment preserves the
22    interest of all parties to it; or
23        (3) stay a judicial sale of the property.
24    (c) If a mortgagor or any member of the mortgagor's family
25who resides with the mortgagor at the mortgaged premises files
26a motion under this Section, no judicial sale under this

 

 

HB4464 Engrossed- 29 -LRB097 17536 RPM 62740 b

1Article may advance without a court order showing that the
2court considered the mortgagor's motion and considered staying
3the judicial sale.
4    (d) In order to be eligible for the benefits granted to a
5service member under this Section, a service member or a member
6of the service member's family who resides with the service
7member at the mortgaged premises must provide the court and the
8mortgagee with a copy of the orders calling the service member
9to military service in excess of 29 consecutive days and of any
10orders further extending the service member's period of
11service.
12    (e) If a stay is granted under this Section, the court may
13grant the mortgagee such relief as equity may require.
14    (f) The forms of relief available under this Section shall
15continue to be available up to 90 days after the completion of
16the service member's military service.
17    (g) In addition to any sanction available to the court for
18violation of a stay or order, a violation of this Section
19constitutes a civil rights violation under the Illinois Human
20Rights Act. All proceeds from the collection of any civil
21penalty imposed pursuant to the Illinois Human Rights Act under
22this subsection shall be deposited into the Illinois Military
23Family Relief Fund.
 
24    Section 945. The Landlord and Tenant Act is amended by
25adding Section 16 as follows:
 

 

 

HB4464 Engrossed- 30 -LRB097 17536 RPM 62740 b

1    (765 ILCS 705/16 new)
2    Sec. 16. Military personnel in military service; right to
3terminate lease.
4    (a) In this Section:
5    "Military service" means any full-time training or duty no
6matter how described under federal or State law for which a
7service member is ordered to report by the President, Governor
8of the state, commonwealth, or territory of the United States,
9or other appropriate military authority.
10    "Service member" means a resident of Illinois who is a
11member of any component of the U.S. Armed Forces or the
12National Guard of any state, the District of Columbia, a
13commonwealth, or a territory of the United States.
14    (b) A tenant who is a service member that has entered
15military service for a period greater than 29 consecutive days
16or any member of the tenant's family who resides with the
17tenant at the leased premises may terminate a lease for a
18mobile home lot, residential premises, non-residential
19premises, or farm or agricultural real property if the tenant
20enters military service for greater than 29 consecutive days
21after executing the lease or the tenant, while in military
22service, receives military orders for a permanent change of
23station or to deploy with a military unit or as an individual
24in support of a military operation for a period of not less
25than 90 days, regardless of whether the lease was signed before

 

 

HB4464 Engrossed- 31 -LRB097 17536 RPM 62740 b

1or during military service. This provision applies to leases
2executed on or after the effective date of this amendatory Act
3of the 97th General Assembly.
4    (c) In order to exercise the right to terminate the lease
5granted to a service member under this Section, a service
6member or a member of the service member's family who resides
7with the service member at the leased premises must provide the
8landlord or mobile home park operator with a copy of the orders
9calling the service member to military service in excess of 29
10consecutive days and of any orders further extending the
11service member's period of service.
12    (d) Termination of the lease is effective 30 days after the
13delivery of the notice to the landlord, except that if rent is
14paid in monthly installments the termination is effective 30
15days after the next rental payment due date after the date of
16the notice to the landlord. If any rent payment was made in
17advance, the landlord must return any unearned portion and the
18landlord must return any security deposit paid, except to the
19extent that there are actual damages or repairs to be paid from
20the security deposit as provided in the lease agreement.
21    (e) A landlord's failure to accept a service member's
22termination of a lease that is effected pursuant to this
23Section imposed by this Section constitutes a civil rights
24violation under the Illinois Human Rights Act. All proceeds
25from the collection of any civil penalty imposed under this
26subsection shall be deposited into the Illinois Military Family

 

 

HB4464 Engrossed- 32 -LRB097 17536 RPM 62740 b

1Relief Fund.
 
2    Section 950. The Illinois Human Rights Act is amended by
3changing Section 6-102 as follows:
 
4    (775 ILCS 5/6-102)
5    Sec. 6-102. Violations of other Acts. A person who violates
6the Military Leave of Absence Act, the Public Employee Armed
7Services Rights Act, Section 11-117-12.2 of the Illinois
8Municipal Code, Section 224.05 of the Illinois Insurance Code,
9Section 8-201.5 of the Public Utilities Act, Sections 2-1401.1,
109-107.10, 9-107.11, and 15-1501.6 Section 9-107.10 of the Code
11of Civil Procedure, Section 4.05 of the Interest Act, the
12Military Personnel Cellular Phone Contract Termination Act,
13Section 405-272 of the Civil Administrative Code of Illinois,
14Section 10-63 of the Illinois Administrative Procedure Act,
15Sections 30.25 and 30.30 of the Military Code of Illinois,
16Section 16 of the Landlord and Tenant Act, Section 26.5 of the
17Retail Installment Sales Act, or Section 37 of the Motor
18Vehicle Leasing Act commits a civil rights violation within the
19meaning of this Act.
20(Source: P.A. 95-392, eff. 8-23-07.)
 
21    Section 955. The Uniform Commercial Code is amended by
22changing Section 9-610 as follows:
 

 

 

HB4464 Engrossed- 33 -LRB097 17536 RPM 62740 b

1    (810 ILCS 5/9-610)
2    Sec. 9-610. Disposition of collateral after default.
3    (a) Disposition after default. After default, a secured
4party may sell, lease, license, or otherwise dispose of any or
5all of the collateral in its present condition or following any
6commercially reasonable preparation or processing.
7    (b) Commercially reasonable disposition. Every aspect of a
8disposition of collateral, including the method, manner, time,
9place, and other terms, must be commercially reasonable. If
10commercially reasonable, a secured party may dispose of
11collateral by public or private proceedings, by one or more
12contracts, as a unit or in parcels, and at any time and place
13and on any terms.
14    (c) Purchase by secured party. A secured party may purchase
15collateral:
16        (1) at a public disposition; or
17        (2) at a private disposition only if the collateral is
18    of a kind that is customarily sold on a recognized market
19    or the subject of widely distributed standard price
20    quotations.
21    (d) Warranties on disposition. A contract for sale, lease,
22license, or other disposition includes the warranties relating
23to title, possession, quiet enjoyment, and the like which by
24operation of law accompany a voluntary disposition of property
25of the kind subject to the contract.
26    (e) Disclaimer of warranties. A secured party may disclaim

 

 

HB4464 Engrossed- 34 -LRB097 17536 RPM 62740 b

1or modify warranties under subsection (d):
2        (1) in a manner that would be effective to disclaim or
3    modify the warranties in a voluntary disposition of
4    property of the kind subject to the contract of
5    disposition; or
6        (2) by communicating to the purchaser a record
7    evidencing the contract for disposition and including an
8    express disclaimer or modification of the warranties.
9    (f) Record sufficient to disclaim warranties. A record is
10sufficient to disclaim warranties under subsection (e) if it
11indicates "There is no warranty relating to title, possession,
12quiet enjoyment, or the like in this disposition" or uses words
13of similar import.
14    (g) The provisions of this Section are subject to Section
1526.5 of the Retail Installment Sales Act.
16(Source: P.A. 91-893, eff. 7-1-01.)
 
17    Section 960. The Interest Act is amended by changing
18Section 4.05 as follows:
 
19    (815 ILCS 205/4.05)
20    Sec. 4.05. Military personnel in military service on active
21duty; limitation on interest rate.
22    (a) In this Section:
23    "Military service" means any full-time training or duty no
24matter how described under federal or State law for which a

 

 

HB4464 Engrossed- 35 -LRB097 17536 RPM 62740 b

1service member is ordered to report by the President, Governor
2of a state, commonwealth, or territory of the United States, or
3other appropriate military authority.
4    "Active duty" means active duty pursuant to an executive
5order of the President of the United States, an act of the
6Congress of the United States, or an order of the Governor.
7    "Obligation" means any retail installment sales contract,
8other contract for the purchase of goods or services, or bond,
9bill, note, or other instrument of writing for the payment of
10money arising out of a contract or other transaction for the
11purchase of goods or services.
12    "Service member" means a resident of Illinois who is a
13member of any component of the U.S. Armed Forces or the
14National Guard of any state, the District of Columbia, a
15commonwealth, or a territory of the United States member of the
16armed services or reserve forces of the United States or a
17member of the Illinois National Guard.
18    (b) Notwithstanding any contrary provision of State law,
19but subject to the federal Servicemembers Civil Relief Act, no
20creditor in connection with an obligation entered into on or
21after the effective date of this amendatory Act of the 94th
22General Assembly, but prior to a service member's period of
23military service deployment on active duty, shall charge or
24collect from a service member who has entered military service
25is deployed on active duty, or the spouse of that service
26member, interest or finance charges exceeding 6% per annum

 

 

HB4464 Engrossed- 36 -LRB097 17536 RPM 62740 b

1during the period of military service that the service member
2is deployed on active duty.
3    (c) Notwithstanding any contrary provision of law,
4interest or finance charges in excess of 6% per annum that
5otherwise would be incurred but for the prohibition in
6subsection (b) are forgiven.
7    (d) The amount of any periodic payment due from a service
8member who has entered military service is deployed on active
9duty, or the spouse of that service member, under the terms of
10the obligation shall be reduced by the amount of the interest
11and finance charges forgiven under subsection (c) that is
12allocable to the period for which the periodic payment is made.
13    (e) In order for an obligation to be subject to the
14interest and finance charges limitation of this Section, the
15service member who has entered military service deployed on
16active duty, or the spouse of that service member, shall
17provide the creditor with written notice of and a copy of the
18military or gubernatorial orders calling the service member to
19military service in excess of 29 consecutive days active duty
20and of any orders further extending the service member's period
21of service active duty, not later than 180 days after the date
22of the service member's termination of or release from military
23service active duty.
24    (f) Upon receipt of the written notice and a copy of the
25orders referred to in subsection (e), the creditor shall treat
26the obligation in accordance with subsection (b), effective as

 

 

HB4464 Engrossed- 37 -LRB097 17536 RPM 62740 b

1of the date on which the service member entered military
2service is deployed to active duty.
3    (g) A court may grant a creditor relief from the interest
4and finance charges limitation of this Section, if, in the
5opinion of the court, the ability of the service member who has
6entered military service deployed on active duty, or the spouse
7of that service member, to pay interest or finance charges with
8respect to the obligation at a rate in excess of 6% per annum
9is not materially affected by reason of the service member's
10military service deployment on active duty.
11    (h) 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.)
 
18    Section 965. The Retail Installment Sales Act is amended by
19adding Section 26.5 as follows:
 
20    (815 ILCS 405/26.5 new)
21    Sec. 26.5. Relief concerning a retail installment contract
22default for military personnel in military service.
23    (a) In this Section:
24    "Military service" means any full-time training or duty no

 

 

HB4464 Engrossed- 38 -LRB097 17536 RPM 62740 b

1matter how described under federal or State law for which a
2service member is ordered to report by the President, Governor
3of a state, commonwealth, or territory of the United States, or
4other appropriate military authority.
5    "Service member" means a resident of Illinois who is a
6member of any component of the U.S. Armed Forces or the
7National Guard of any state, the District of Columbia, a
8commonwealth, or a territory of the United States.
9    (b) With respect to any act taken by a holder pursuant to
10Section 26, a buyer who is a service member that has entered
11military service, if the buyer entered into the retail
12installment contract before the buyer entered military service
13and on or after the effective date of this amendatory Act of
14the 97th General Assembly may file a petition for relief, and
15the court shall do one or more of the following if the buyer's
16ability to pay the agreed retail installment contract payments
17is materially affected by the buyer's military service:
18        (1) stay any repossession of goods subject to the
19    retail install contract for a period of 90 days after the
20    buyer returns from military service, unless, in the opinion
21    of the court, justice and equity require a longer or
22    shorter period of time;
23        (2) adjust the obligation under the retail installment
24    contract by reducing the monthly payments and extending the
25    term of the contract, provided that the adjustment
26    preserves the interest of all parties to the contract; or

 

 

HB4464 Engrossed- 39 -LRB097 17536 RPM 62740 b

1        (3) stay the repossession of the goods or collateral
2    subject to the retail install contract or stay the
3    disposition of repossessed goods or collateral subject to
4    the retail install contract.
5    (c) In order to be eligible for the benefits granted to a
6service member under this Section, a service member must
7provide the court and the holder with a copy of the orders
8calling the service member to military service in excess of 29
9consecutive days and of any orders further extending the
10service member's period of service.
11    (d) If a stay is granted under this Section, the court may
12grant the holder such relief as equity may require.
13    (e) In addition to any sanction available to the court for
14violation of a stay or order, a violation of this Section
15constitutes a civil rights violation under the Illinois Human
16Rights Act. All proceeds from the collection of any civil
17penalty imposed pursuant to the Illinois Human Rights Act under
18this subsection shall be deposited into the Illinois Military
19Family Relief Fund.
 
20    Section 970. The Military Personnel Cellular Phone
21Contract Termination Act is amended by changing Sections 5, 10,
2215, and 22 as follows:
 
23    (815 ILCS 633/5)
24    Sec. 5. Definition. In this Act:

 

 

HB4464 Engrossed- 40 -LRB097 17536 RPM 62740 b

1    "Military service" means any full-time training or duty no
2matter how described under federal or State law for which a
3service member is ordered to report by the President, Governor
4of a state, commonwealth, or territory of the United States, or
5other appropriate military authority.
6    "Active duty" means active duty pursuant to an executive
7order of the President of the United States, an act of the
8Congress of the United States, or an order of the Governor.
9    "Service member" means a resident of Illinois who is a
10member of any component of the U.S. Armed Forces or the
11National Guard of any state, the District of Columbia, a
12commonwealth, or a territory of the United States member of the
13armed services or reserve forces of the United States or a
14member of the Illinois National Guard.
15(Source: P.A. 94-635, eff. 8-22-05.)
 
16    (815 ILCS 633/10)
17    Sec. 10. Termination of cellular phone contract without
18penalty. Any service member who enters military service is
19deployed on active duty, or the spouse of that service member,
20may terminate, without penalty, a cellular phone contract that
21meets all both of the following requirements:
22        (1) The contract is entered into on or after the
23    effective date of this Act.
24        (2) The contract is executed by or on behalf of the
25    service member who has entered military service is deployed

 

 

HB4464 Engrossed- 41 -LRB097 17536 RPM 62740 b

1    on active duty.
2        (3) The service member's military service is at a
3    location that is outside the coverage area of the cellular
4    telephone company that supports the contract.
5(Source: P.A. 94-635, eff. 8-22-05.)
 
6    (815 ILCS 633/15)
7    Sec. 15. Effective date of termination. Termination of the
8cellular phone contract shall not be effective until:
9        (1) thirty days after the service member who has
10    entered military service is deployed on active duty or the
11    service member's spouse gives notice by certified mail,
12    return receipt requested, of the intention to terminate the
13    cellular phone contract together with a copy of the
14    military or gubernatorial orders calling the service
15    member to military service active duty and of any orders
16    further extending the service member's period of service
17    active duty; and
18        (2) unless the service member who enters military
19    service is deployed on active duty owns the cellular phone,
20    the cellular phone is returned to the custody or control of
21    the cellular telephone company, or the service member who
22    enters military service is deployed on active duty or the
23    service member's spouse agrees in writing to return the
24    cellular phone as soon as practical after the military
25    service deployment is completed.

 

 

HB4464 Engrossed- 42 -LRB097 17536 RPM 62740 b

1(Source: P.A. 94-635, eff. 8-22-05.)
 
2    (815 ILCS 633/22)
3    Sec. 22. Violation. A violation of this Act constitutes a
4civil rights violation under the Illinois Human Rights Act. All
5proceeds from the collection of any civil penalty imposed under
6this Section shall be deposited into the Illinois Military
7Family Relief Fund.
8(Source: P.A. 95-392, eff. 8-23-07.)
 
9    Section 975. The Motor Vehicle Leasing Act is amended by
10changing Section 37 as follows:
 
11    (815 ILCS 636/37)
12    Sec. 37. Military personnel in military service on active
13duty; termination of lease.
14    (a) In this Act:
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    "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    "Motor vehicle" means any automobile, car minivan,

 

 

HB4464 Engrossed- 43 -LRB097 17536 RPM 62740 b

1passenger van, sport utility vehicle, pickup truck, or other
2self-propelled vehicle not operated or driven on fixed rails or
3track.
4    "Service member" means a resident of Illinois who is a
5member of any component of the U.S. Armed Forces or the
6National Guard of any state, the District of Columbia, a
7commonwealth, or a territory of the United States member of the
8armed services or reserve forces of the United States or a
9member of the Illinois National Guard.
10    (b) Any service member who enters military service is
11deployed on active duty for a period of not less than 180 days,
12or the spouse of that service member, may terminate any motor
13vehicle lease that meets both of the following requirements:
14        (1) The lease is entered into on or after the effective
15    date of this amendatory Act of the 94th General Assembly.
16        (2) The lease is executed by or on behalf of the
17    service member who has entered military service is deployed
18    on active duty.
19    (c) Termination of the motor vehicle lease shall not be
20effective until:
21        (1) the service member who has entered military service
22    is deployed on active duty, or the service member's spouse,
23    gives the lessor by certified mail, return receipt
24    requested, a notice of the intention to terminate the lease
25    together with a copy of the military or gubernatorial
26    orders calling the service member to military service

 

 

HB4464 Engrossed- 44 -LRB097 17536 RPM 62740 b

1    active duty and of any orders further extending the service
2    member's period of service active duty; and
3        (2) the motor vehicle subject to the lease is returned
4    to the custody or control of the lessor not later than 15
5    days after the delivery of the written notice.
6    (d) Lease amounts unpaid for the period preceding the
7effective date of the lease's termination shall be paid on a
8prorated basis. The lessor may not impose an early termination
9charge, but any taxes, costs of summons, and title or
10registration fees and any other obligation and liability of the
11lessee under the terms of the lease, including reasonable
12charges to the lessee for excess wear, use, and mileage, that
13are due and unpaid at the time of the lease's termination shall
14be paid by the lessee.
15    (e) The lessor shall refund to the lessee lease amounts
16paid in advance for a period after the effective date of the
17lease's termination within 30 days after the effective date of
18the lease's termination.
19    (f) Upon application by the lessor to a court before the
20effective date of the lease's termination, relief granted by
21this Section may be modified as justice and equity require.
22    (g) 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.

 

 

HB4464 Engrossed- 45 -LRB097 17536 RPM 62740 b

1(Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06;
295-392, eff. 8-23-07.)

 

 

HB4464 Engrossed- 46 -LRB097 17536 RPM 62740 b

1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    5 ILCS 100/10-63 new
5    20 ILCS 5/5-715 new
6    20 ILCS 405/405-272
7    20 ILCS 1805/30.25
8    20 ILCS 1805/30.30
9    65 ILCS 5/11-117-12.2
10    215 ILCS 5/224.05
11    220 ILCS 5/8-201.5
12    330 ILCS 60/5.2
13    735 ILCS 5/2-1401.1 new
14    735 ILCS 5/9-107.10
15    735 ILCS 5/9-206from Ch. 110, par. 9-206
16    735 ILCS 5/15-1501.6 new
17    765 ILCS 705/16 new
18    775 ILCS 5/6-102
19    810 ILCS 5/9-610
20    815 ILCS 205/4.05
21    815 ILCS 405/26.5 new
22    815 ILCS 633/5
23    815 ILCS 633/10
24    815 ILCS 633/15
25    815 ILCS 633/22

 

 

HB4464 Engrossed- 47 -LRB097 17536 RPM 62740 b

1    815 ILCS 636/37