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Public Act 094-0802 |
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AN ACT concerning military personnel.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Municipal Code is amended by | ||||
changing Section 11-117-12.2 as follows: | ||||
(65 ILCS 5/11-117-12.2) | ||||
Sec. 11-117-12.2. Military personnel on active duty; no | ||||
stoppage of gas or electricity; arrearage. | ||||
(a) In this Section: | ||||
"Active duty" means active duty pursuant to an executive | ||||
order of the President of the United States, an act of the | ||||
Congress of the United States, or an order of the Governor. | ||||
"Service member" means a member of the armed services or | ||||
reserve forces of the United States or a member of the Illinois | ||||
National Guard.
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(b) No municipality owning a public utility shall stop gas | ||||
or electricity from entering the residential premises of which | ||||
a service member was a primary occupant immediately before the | ||||
service member was deployed on active duty for nonpayment for | ||||
gas or electricity supplied to the residential premises. | ||||
(c) Upon the return from active duty of a residential | ||||
consumer who is a service member, the municipality shall offer | ||||
the residential consumer a period equal to at least the period | ||||
of the residential consumer's deployment on active duty to pay | ||||
any arrearages incurred during the period of the residential | ||||
consumer's deployment. The municipality shall inform the | ||||
residential consumer that, if the period the municipality | ||||
offers presents a hardship to the consumer, the consumer may | ||||
request a longer period to pay the arrearages. | ||||
(d) In order to be eligible for the benefits granted to | ||||
service members under this Section, a service member must | ||||
provide the municipality with a copy of the military or |
gubernatorial orders calling the service member to active duty | ||
and of any orders further extending the service member's period | ||
of active duty.
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(e) In addition to any other penalty that may be provided | ||
by law, a municipality that wilfully violates this Section is | ||
subject to a civil penalty of $1,000. The Attorney General may | ||
impose a civil penalty under this subsection only after he or | ||
she provides the following to the affected municipality: | ||
(1) Written notice of the alleged violation. | ||
(2) Written notice of the municipality's right to | ||
request an administrative hearing on the question of the | ||
alleged violation. | ||
(3) An opportunity to present evidence, orally or in | ||
writing or both, on the question of the alleged violation | ||
before an impartial hearing examiner appointed by the | ||
Attorney General. | ||
(4) A written decision from the Attorney General, based | ||
on the evidence introduced at the hearing and the hearing | ||
examiner's recommendations, finding that the municipality | ||
violated this Section and imposing the civil penalty. | ||
The Attorney General may bring an action in the circuit | ||
court to enforce the collection of a civil penalty imposed | ||
under this subsection. | ||
All proceeds from the collection of any civil penalty | ||
imposed under this subsection shall be deposited into the | ||
Illinois Military Family Relief Fund.
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(Source: P.A. 94-635, eff. 8-22-05.) | ||
Section 10. The Illinois Insurance Code is amended by | ||
changing Section 224.05 as follows: | ||
(215 ILCS 5/224.05) | ||
Sec. 224.05. Military personnel on active duty; no lapse of | ||
life insurance policy. | ||
(a) Except as provided in subsection (b), this Section | ||
shall apply to any individual life insurance policy insuring |
the life of a member of the armed services or reserve forces of | ||
the United States or a member of the Illinois National Guard | ||
who is on active duty pursuant to an executive order of the | ||
President of the United States, an act of the Congress of the | ||
United States, or an order of the Governor, if the life | ||
insurance policy meets both of the following conditions: | ||
(1) The policy has been in force for at least 180 days. | ||
(2) The policy has been brought within the | ||
"Servicemembers Civil Relief Act," 117 Stat. 2835 (2003), | ||
50 U.S.C. App. 541 and following. | ||
(b) This Section does not apply to any policy that was | ||
cancelled or that had lapsed for the nonpayment of premiums | ||
prior to the commencement of the insured's period of military | ||
service. | ||
(c) An individual life insurance policy described in this | ||
Section shall not lapse or be forfeited for the nonpayment of | ||
premiums during the military service of a member of the armed | ||
services or reserve forces of the United States or a member of | ||
the Illinois National Guard or during the 2-year period | ||
subsequent to the end of the member's period of military | ||
service. | ||
(d) In order to be eligible for the benefits granted to | ||
service members under this Section, a service member must | ||
provide the life insurance company with a copy of the military | ||
or gubernatorial orders calling the service member to active | ||
duty and of any orders further extending the service member's | ||
period of active duty.
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(e) This Section does not limit a life insurance company's | ||
enforcement of provisions in the insured's policy relating to | ||
naval or military service in time of war.
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(f) In addition to any other penalty that may be provided | ||
by law, an insurance company that violates this Section is | ||
subject to a civil penalty of $1,000. The Attorney General may | ||
impose a civil penalty under this subsection only after he or | ||
she provides the following to the affected insurance company: | ||
(1) Written notice of the alleged violation. |
(2) Written notice of the insurance company's right to | ||
request an administrative hearing on the question of the | ||
alleged violation. | ||
(3) An opportunity to present evidence, orally or in | ||
writing or both, on the question of the alleged violation | ||
before an impartial hearing examiner appointed by the | ||
Attorney General. | ||
(4) A written decision from the Attorney General, based | ||
on the evidence introduced at the hearing and the hearing | ||
examiner's recommendations, finding that the insurance | ||
company violated this Section and imposing the civil | ||
penalty. | ||
The Attorney General may bring an action in the circuit | ||
court to enforce the collection of a civil penalty imposed | ||
under this subsection. | ||
All proceeds from the collection of any civil penalty | ||
imposed under this subsection shall be deposited into the | ||
Illinois Military Family Relief Fund.
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(Source: P.A. 94-635, eff. 8-22-05.) | ||
Section 15. The Public Utilities Act is amended by changing | ||
Section 8-201.5 as follows: | ||
(220 ILCS 5/8-201.5) | ||
Sec. 8-201.5. Military personnel on active duty; no | ||
stoppage of gas or electricity; arrearage. | ||
(a) In this Section: | ||
"Active duty" means active duty pursuant to an executive | ||
order of the President of the United States, an act of the | ||
Congress of the United States, or an order of the Governor. | ||
"Service member" means a member of the armed services or | ||
reserve forces of the United States or a member of the Illinois | ||
National Guard.
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(b) No company or electric cooperative shall stop gas or | ||
electricity from entering the residential premises of which a | ||
service member was a primary occupant immediately before the |
service member was deployed on active duty for nonpayment for | ||
gas or electricity supplied to the residential premises. | ||
(c) In order to be eligible for the benefits granted to | ||
service members under this Section, a service member must | ||
provide the company or electric cooperative with a copy of the | ||
military or gubernatorial orders calling the service member to | ||
active duty and of any orders further extending the service | ||
member's period of active duty.
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(d) Upon the return from active duty of a residential | ||
consumer who is a service member, the company or electric | ||
cooperative shall offer the residential consumer a period equal | ||
to at least the period of deployment on active duty to pay any | ||
arrearages incurred during the period of the residential | ||
consumer's deployment. The company or electric cooperative | ||
shall inform the residential consumer that, if the period that | ||
the company or electric cooperative offers presents a hardship | ||
to the consumer, the consumer may request a longer period to | ||
pay the arrearages and, in the case of a company that is a | ||
public utility, may request the assistance of the Illinois | ||
Commerce Commission to obtain a longer period. No late payment | ||
fees or interest shall be charged to the residential consumer | ||
during the period of deployment or the repayment period.
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(e) In addition to any other penalty that may be provided | ||
by law, a company or electric cooperative that wilfully | ||
violates this Section is subject to a civil penalty of $1,000. | ||
The Attorney General may impose a civil penalty under this | ||
subsection only after he or she provides the following to the | ||
affected company or electric cooperative: | ||
(1) Written notice of the alleged violation. | ||
(2) Written notice of the company or electric | ||
cooperative's right to request an administrative hearing | ||
on the question of the alleged violation. | ||
(3) An opportunity to present evidence, orally or in | ||
writing or both, on the question of the alleged violation | ||
before an impartial hearing examiner appointed by the | ||
Attorney General. |
(4) A written decision from the Attorney General, based | ||
on the evidence introduced at the hearing and the hearing | ||
examiner's recommendations, finding that the company or | ||
electric cooperative violated this Section and imposing | ||
the civil penalty. | ||
The Attorney General may bring an action in the circuit | ||
court to enforce the collection of a civil penalty imposed | ||
under this subsection. | ||
All proceeds from the collection of any civil penalty | ||
imposed under this subsection shall be deposited into the | ||
Illinois Military Family Relief Fund.
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(Source: P.A. 94-635, eff. 8-22-05.) | ||
Section 20. The Interest Act is amended by changing Section | ||
4.05 as follows: | ||
(815 ILCS 205/4.05) | ||
Sec. 4.05. Military personnel on active duty; limitation on | ||
interest rate. | ||
(a) In this Section: | ||
"Active duty" means active duty pursuant to an executive | ||
order of the President of the United States, an act of the | ||
Congress of the United States, or an order of the Governor. | ||
"Obligation" means any retail installment sales contract, | ||
other contract for the purchase of goods or services, or bond, | ||
bill, note, or other instrument of writing for the payment of | ||
money arising out of a contract or other transaction for the | ||
purchase of goods or services. | ||
"Service member" means a member of the armed services or | ||
reserve forces of the United States or a member of the Illinois | ||
National Guard.
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(b) Notwithstanding any contrary provision of State law, | ||
but subject to the federal Servicemembers Civil Relief Act, no | ||
creditor in connection with an obligation entered into on or | ||
after the effective date of this amendatory Act of the 94th | ||
General Assembly, but prior to a service member's deployment on |
active duty, shall charge or collect from a service member who | ||
is deployed on active duty, or the spouse of that service | ||
member, interest or finance charges exceeding 6% per annum | ||
during the period that the service member is deployed on active | ||
duty. | ||
(c) Notwithstanding any contrary provision of law, | ||
interest or finance charges in excess of 6% per annum that | ||
otherwise would be incurred but for the prohibition in | ||
subsection (b) are forgiven. | ||
(d) The amount of any periodic payment due from a service | ||
member who is deployed on active duty, or the spouse of that | ||
service member, under the terms of the obligation shall be | ||
reduced by the amount of the interest and finance charges | ||
forgiven under subsection (c) that is allocable to the period | ||
for which the periodic payment is made. | ||
(e) In order for an obligation to be subject to the | ||
interest and finance charges limitation of this Section, the | ||
service member deployed on active duty, or the spouse of that | ||
service member, shall provide the creditor with written notice | ||
of and a copy of the military or gubernatorial orders calling | ||
the service member to active duty and of any orders further | ||
extending the service member's period of active duty, not later | ||
than 180 days after the date of the service member's | ||
termination of or release from active duty. | ||
(f) Upon receipt of the written notice and a copy of the | ||
orders referred to in subsection (e), the creditor shall treat | ||
the obligation in accordance with subsection (b), effective as | ||
of the date on which the service member is deployed to active | ||
duty. | ||
(g) A court may grant a creditor relief from the interest | ||
and finance charges limitation of this Section, if, in the | ||
opinion of the court, the ability of the service member | ||
deployed on active duty, or the spouse of that service member, | ||
to pay interest or finance charges with respect to the | ||
obligation at a rate in excess of 6% per annum is not | ||
materially affected by reason of the service member's |
deployment on active duty.
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(h) In addition to any other penalty that may be provided | ||
by law, a creditor that violates this Section is subject to a | ||
civil penalty of $1,000. The Attorney General may impose a | ||
civil penalty under this subsection only after he or she | ||
provides the following to the affected creditor: | ||
(1) Written notice of the alleged violation. | ||
(2) Written notice of the creditor's right to request | ||
an administrative hearing on the question of the alleged | ||
violation. | ||
(3) An opportunity to present evidence, orally or in | ||
writing or both, on the question of the alleged violation | ||
before an impartial hearing examiner appointed by the | ||
Attorney General. | ||
(4) A written decision from the Attorney General, based | ||
on the evidence introduced at the hearing and the hearing | ||
examiner's recommendations, finding that the creditor | ||
violated this Section and imposing the civil penalty. | ||
The Attorney General may bring an action in the circuit | ||
court to enforce the collection of a civil penalty imposed | ||
under this subsection.
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All proceeds from the collection of any civil penalty | ||
imposed under this subsection shall be deposited into the | ||
Illinois Military Family Relief Fund.
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(Source: P.A. 94-635, eff. 8-22-05.) | ||
Section 25. The Military Personnel Cellular Phone Contract | ||
Termination Act is amended by adding Section 20 as follows: | ||
(815 ILCS 633/20 new) | ||
Sec. 20. Cellular telephone company's failure to comply; | ||
penalty. In addition to any other penalty that may be provided | ||
by law, a cellular telephone company that violates this Act is | ||
subject to a civil penalty of $1,000. The Attorney General may | ||
impose a civil penalty under this Section only after he or she | ||
provides the following to the affected cellular telephone |
company: | ||
(1) Written notice of the alleged violation. | ||
(2) Written notice of the cellular telephone company's | ||
right to request an administrative hearing on the question | ||
of the alleged violation. | ||
(3) An opportunity to present evidence, orally or in | ||
writing or both, on the question of the alleged violation | ||
before an impartial hearing examiner appointed by the | ||
Attorney General. | ||
(4) A written decision from the Attorney General, based | ||
on the evidence introduced at the hearing and the hearing | ||
examiner's recommendations, finding that the cellular | ||
telephone company violated this Act and imposing the civil | ||
penalty. | ||
The Attorney General may bring an action in the circuit | ||
court to enforce the collection of a civil penalty imposed | ||
under this Section. | ||
All proceeds from the collection of any civil penalty | ||
imposed under this Section shall be deposited into the Illinois | ||
Military Family Relief Fund.
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Section 30. The Motor Vehicle Leasing Act is amended by | ||
changing Section 37 as follows: | ||
(815 ILCS 636/37) | ||
Sec. 37. Military personnel on active duty; termination of | ||
lease. | ||
(a) In this Act: | ||
"Active duty" means active duty pursuant to an executive | ||
order of the President of the United States, an act of the | ||
Congress of the United States, or an order of the Governor. | ||
"Motor vehicle" means any automobile, car minivan, | ||
passenger van, sport utility vehicle, pickup truck, or other | ||
self-propelled vehicle not operated or driven on fixed rails or | ||
track. | ||
"Service member" means a member of the armed services or |
reserve forces of the United States or a member of the Illinois | ||
National Guard.
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(b) Any service member who is deployed on active duty for a | ||
period of not less than 180 days, or the spouse of that service | ||
member, may terminate any motor vehicle lease that meets both | ||
of the following requirements: | ||
(1) The lease is entered into on or after the effective | ||
date of this amendatory Act of the 94th General Assembly. | ||
(2) The lease is executed by or on behalf of the | ||
service member who is deployed on active duty. | ||
(c) Termination of the motor vehicle lease shall not be | ||
effective until: | ||
(1) the service member who is deployed on active duty, | ||
or the service member's spouse, gives the lessor by | ||
certified mail, return receipt requested, a notice of the | ||
intention to terminate the lease together with a copy of | ||
the military or gubernatorial orders calling the service | ||
member to active duty and of any orders further extending | ||
the service member's period of active duty; and | ||
(2) the motor vehicle subject to the lease is returned | ||
to the custody or control of the lessor not later than 15 | ||
days after the delivery of the written notice. | ||
(d) Lease amounts unpaid for the period preceding the | ||
effective date of the lease's termination shall be paid on a | ||
prorated basis. The lessor may not impose an early termination | ||
charge, but any taxes, costs of summons, and title or | ||
registration fees and any other obligation and liability of the | ||
lessee under the terms of the lease, including reasonable | ||
charges to the lessee for excess wear, use, and mileage, that | ||
are due and unpaid at the time of the lease's termination shall | ||
be paid by the lessee. | ||
(e) The lessor shall refund to the lessee lease amounts | ||
paid in advance for a period after the effective date of the | ||
lease's termination within 30 days after the effective date of | ||
the lease's termination. | ||
(f) Upon application by the lessor to a court before the |
effective date of the lease's termination, relief granted by | ||
this Section may be modified as justice and equity require.
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(g) In addition to any other penalty that may be provided | ||
by law, a lessor that violates this Section is subject to a | ||
civil penalty of $1,000. The Attorney General may impose a | ||
civil penalty under this subsection only after he or she | ||
provides the following to the affected lessor: | ||
(1) Written notice of the alleged violation. | ||
(2) Written notice of the lessor's right to request an | ||
administrative hearing on the question of the alleged | ||
violation. | ||
(3) An opportunity to present evidence, orally or in | ||
writing or both, on the question of the alleged violation | ||
before an impartial hearing examiner appointed by the | ||
Attorney General. | ||
(4) A written decision from the Attorney General, based | ||
on the evidence introduced at the hearing and the hearing | ||
examiner's recommendations, finding that the lessor | ||
violated this Section and imposing the civil penalty. | ||
The Attorney General may bring an action in the circuit | ||
court to enforce the collection of a civil penalty imposed | ||
under this subsection. | ||
All proceeds from the collection of any civil penalty | ||
imposed under this subsection shall be deposited into the | ||
Illinois Military Family Relief Fund.
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(Source: P.A. 94-635, eff. 8-22-05.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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