Rep. John D'Amico
Filed: 3/28/2007
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 2180
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 2180 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Military Leave of Absence Act is amended by | ||||||
5 | adding Section 1.01 as follows: | ||||||
6 | (5 ILCS 325/1.01 new) | ||||||
7 | Sec. 1.01. Violation. A violation of this Act constitutes a | ||||||
8 | civil rights violation under the Illinois Human Rights Act. | ||||||
9 | Section 10. The Public Employee Armed Services Rights Act | ||||||
10 | is amended by adding Section 5.1 as follows: | ||||||
11 | (5 ILCS 330/5.1 new) | ||||||
12 | Sec. 5.1. Violation. A violation of this Act constitutes a | ||||||
13 | civil rights violation under the Illinois Human Rights Act. |
| |||||||
| |||||||
1 | Section 15. The Illinois Municipal Code is amended by | ||||||
2 | changing Section 11-117-12.2 as follows: | ||||||
3 | (65 ILCS 5/11-117-12.2) | ||||||
4 | Sec. 11-117-12.2. Military personnel on active duty; no | ||||||
5 | stoppage of gas or electricity; arrearage. | ||||||
6 | (a) In this Section: | ||||||
7 | "Active duty" means active duty pursuant to an executive | ||||||
8 | order of the President of the United States, an act of the | ||||||
9 | Congress of the United States, or an order of the Governor. | ||||||
10 | "Service member" means a member of the armed services or | ||||||
11 | reserve forces of the United States or a member of the Illinois | ||||||
12 | National Guard.
| ||||||
13 | (b) No municipality owning a public utility shall stop gas | ||||||
14 | or electricity from entering the residential premises of which | ||||||
15 | a service member was a primary occupant immediately before the | ||||||
16 | service member was deployed on active duty for nonpayment for | ||||||
17 | gas or electricity supplied to the residential premises. | ||||||
18 | (c) Upon the return from active duty of a residential | ||||||
19 | consumer who is a service member, the municipality shall offer | ||||||
20 | the residential consumer a period equal to at least the period | ||||||
21 | of the residential consumer's deployment on active duty to pay | ||||||
22 | any arrearages incurred during the period of the residential | ||||||
23 | consumer's deployment. The municipality shall inform the | ||||||
24 | residential consumer that, if the period the municipality | ||||||
25 | offers presents a hardship to the consumer, the consumer may |
| |||||||
| |||||||
1 | request a longer period to pay the arrearages. | ||||||
2 | (d) In order to be eligible for the benefits granted to | ||||||
3 | service members under this Section, a service member must | ||||||
4 | provide the municipality with a copy of the military or | ||||||
5 | gubernatorial orders calling the service member to active duty | ||||||
6 | and of any orders further extending the service member's period | ||||||
7 | of active duty.
| ||||||
8 | (e) A violation of this Section constitutes a civil rights | ||||||
9 | violation under the Illinois Human Rights Act.
In addition to | ||||||
10 | any other penalty that may be provided by law, a municipality | ||||||
11 | that wilfully violates this Section is subject to a civil | ||||||
12 | penalty of $1,000. The Attorney General may impose a civil | ||||||
13 | penalty under this subsection only after he or she provides the | ||||||
14 | following to the affected municipality: | ||||||
15 | (1) Written notice of the alleged violation. | ||||||
16 | (2) Written notice of the municipality's right to | ||||||
17 | request an administrative hearing on the question of the | ||||||
18 | alleged violation. | ||||||
19 | (3) An opportunity to present evidence, orally or in | ||||||
20 | writing or both, on the question of the alleged violation | ||||||
21 | before an impartial hearing examiner appointed by the | ||||||
22 | Attorney General. | ||||||
23 | (4) A written decision from the Attorney General, based | ||||||
24 | on the evidence introduced at the hearing and the hearing | ||||||
25 | examiner's recommendations, finding that the municipality | ||||||
26 | violated this Section and imposing the civil penalty. |
| |||||||
| |||||||
1 | The Attorney General may bring an action in the circuit | ||||||
2 | court to enforce the collection of a civil penalty imposed | ||||||
3 | under this subsection. | ||||||
4 | All proceeds from the collection of any civil penalty | ||||||
5 | imposed under this subsection shall be deposited into the | ||||||
6 | Illinois Military Family Relief Fund.
| ||||||
7 | (Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06.) | ||||||
8 | Section 20. The Illinois Insurance Code is amended by | ||||||
9 | changing Section 224.05 as follows: | ||||||
10 | (215 ILCS 5/224.05) | ||||||
11 | Sec. 224.05. Military personnel on active duty; no lapse of | ||||||
12 | life insurance policy. | ||||||
13 | (a) Except as provided in subsection (b), this Section | ||||||
14 | shall apply to any individual life insurance policy insuring | ||||||
15 | the life of a member of the armed services or reserve forces of | ||||||
16 | the United States or a member of the Illinois National Guard | ||||||
17 | who is on active duty pursuant to an executive order of the | ||||||
18 | President of the United States, an act of the Congress of the | ||||||
19 | United States, or an order of the Governor, if the life | ||||||
20 | insurance policy meets both of the following conditions: | ||||||
21 | (1) The policy has been in force for at least 180 days. | ||||||
22 | (2) The policy has been brought within the | ||||||
23 | "Servicemembers Civil Relief Act," 117 Stat. 2835 (2003), | ||||||
24 | 50 U.S.C. App. 541 and following. |
| |||||||
| |||||||
1 | (b) This Section does not apply to any policy that was | ||||||
2 | cancelled or that had lapsed for the nonpayment of premiums | ||||||
3 | prior to the commencement of the insured's period of military | ||||||
4 | service. | ||||||
5 | (c) An individual life insurance policy described in this | ||||||
6 | Section shall not lapse or be forfeited for the nonpayment of | ||||||
7 | premiums during the military service of a member of the armed | ||||||
8 | services or reserve forces of the United States or a member of | ||||||
9 | the Illinois National Guard or during the 2-year period | ||||||
10 | subsequent to the end of the member's period of military | ||||||
11 | service. | ||||||
12 | (d) In order to be eligible for the benefits granted to | ||||||
13 | service members under this Section, a service member must | ||||||
14 | provide the life insurance company with a copy of the military | ||||||
15 | or gubernatorial orders calling the service member to active | ||||||
16 | duty and of any orders further extending the service member's | ||||||
17 | period of active duty.
| ||||||
18 | (e) This Section does not limit a life insurance company's | ||||||
19 | enforcement of provisions in the insured's policy relating to | ||||||
20 | naval or military service in time of war.
| ||||||
21 | (f) A violation of this Section constitutes a civil rights | ||||||
22 | violation under the Illinois Human Rights Act.
In addition to | ||||||
23 | any other penalty that may be provided by law, an insurance | ||||||
24 | company that violates this Section is subject to a civil | ||||||
25 | penalty of $1,000. The Attorney General may impose a civil | ||||||
26 | penalty under this subsection only after he or she provides the |
| |||||||
| |||||||
1 | following to the affected insurance company: | ||||||
2 | (1) Written notice of the alleged violation. | ||||||
3 | (2) Written notice of the insurance company's right to | ||||||
4 | request an administrative hearing on the question of the | ||||||
5 | alleged violation. | ||||||
6 | (3) An opportunity to present evidence, orally or in | ||||||
7 | writing or both, on the question of the alleged violation | ||||||
8 | before an impartial hearing examiner appointed by the | ||||||
9 | Attorney General. | ||||||
10 | (4) A written decision from the Attorney General, based | ||||||
11 | on the evidence introduced at the hearing and the hearing | ||||||
12 | examiner's recommendations, finding that the insurance | ||||||
13 | company violated this Section and imposing the civil | ||||||
14 | penalty. | ||||||
15 | The Attorney General may bring an action in the circuit | ||||||
16 | court to enforce the collection of a civil penalty imposed | ||||||
17 | under this subsection. | ||||||
18 | All proceeds from the collection of any civil penalty | ||||||
19 | imposed under this subsection shall be deposited into the | ||||||
20 | Illinois Military Family Relief Fund.
| ||||||
21 | (Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06.) | ||||||
22 | Section 25. The Public Utilities Act is amended by changing | ||||||
23 | Section 8-201.5 as follows: | ||||||
24 | (220 ILCS 5/8-201.5) |
| |||||||
| |||||||
1 | Sec. 8-201.5. Military personnel on active duty; no | ||||||
2 | stoppage of gas or electricity; arrearage. | ||||||
3 | (a) In this Section: | ||||||
4 | "Active duty" means active duty pursuant to an executive | ||||||
5 | order of the President of the United States, an act of the | ||||||
6 | Congress of the United States, or an order of the Governor. | ||||||
7 | "Service member" means a member of the armed services or | ||||||
8 | reserve forces of the United States or a member of the Illinois | ||||||
9 | National Guard.
| ||||||
10 | (b) No company or electric cooperative shall stop gas or | ||||||
11 | electricity from entering the residential premises of which a | ||||||
12 | service member was a primary occupant immediately before the | ||||||
13 | service member was deployed on active duty for nonpayment for | ||||||
14 | gas or electricity supplied to the residential premises. | ||||||
15 | (c) In order to be eligible for the benefits granted to | ||||||
16 | service members under this Section, a service member must | ||||||
17 | provide the company or electric cooperative with a copy of the | ||||||
18 | military or gubernatorial orders calling the service member to | ||||||
19 | active duty and of any orders further extending the service | ||||||
20 | member's period of active duty.
| ||||||
21 | (d) Upon the return from active duty of a residential | ||||||
22 | consumer who is a service member, the company or electric | ||||||
23 | cooperative shall offer the residential consumer a period equal | ||||||
24 | to at least the period of deployment on active duty to pay any | ||||||
25 | arrearages incurred during the period of the residential | ||||||
26 | consumer's deployment. The company or electric cooperative |
| |||||||
| |||||||
1 | shall inform the residential consumer that, if the period that | ||||||
2 | the company or electric cooperative offers presents a hardship | ||||||
3 | to the consumer, the consumer may request a longer period to | ||||||
4 | pay the arrearages and, in the case of a company that is a | ||||||
5 | public utility, may request the assistance of the Illinois | ||||||
6 | Commerce Commission to obtain a longer period. No late payment | ||||||
7 | fees or interest shall be charged to the residential consumer | ||||||
8 | during the period of deployment or the repayment period.
| ||||||
9 | (e) A violation of this Section constitutes a civil rights | ||||||
10 | violation under the Illinois Human Rights Act.
In addition to | ||||||
11 | any other penalty that may be provided by law, a company or | ||||||
12 | electric cooperative that wilfully violates this Section is | ||||||
13 | subject to a civil penalty of $1,000. The Attorney General may | ||||||
14 | impose a civil penalty under this subsection only after he or | ||||||
15 | she provides the following to the affected company or electric | ||||||
16 | cooperative: | ||||||
17 | (1) Written notice of the alleged violation. | ||||||
18 | (2) Written notice of the company or electric | ||||||
19 | cooperative's right to request an administrative hearing | ||||||
20 | on the question of the alleged violation. | ||||||
21 | (3) An opportunity to present evidence, orally or in | ||||||
22 | writing or both, on the question of the alleged violation | ||||||
23 | before an impartial hearing examiner appointed by the | ||||||
24 | Attorney General. | ||||||
25 | (4) A written decision from the Attorney General, based | ||||||
26 | on the evidence introduced at the hearing and the hearing |
| |||||||
| |||||||
1 | examiner's recommendations, finding that the company or | ||||||
2 | electric cooperative violated this Section and imposing | ||||||
3 | the civil penalty. | ||||||
4 | The Attorney General may bring an action in the circuit | ||||||
5 | court to enforce the collection of a civil penalty imposed | ||||||
6 | under this subsection. | ||||||
7 | All proceeds from the collection of any civil penalty | ||||||
8 | imposed under this subsection shall be deposited into the | ||||||
9 | Illinois Military Family Relief Fund.
| ||||||
10 | (Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06.) | ||||||
11 | Section 30. The Code of Civil Procedure is amended by | ||||||
12 | changing Section 9-107.10 as follows: | ||||||
13 | (735 ILCS 5/9-107.10) | ||||||
14 | Sec. 9-107.10. Military personnel on active duty; action | ||||||
15 | for possession. | ||||||
16 | (a) In this Section: | ||||||
17 | "Active duty" means active duty pursuant to an executive | ||||||
18 | order of the President of the United States, an act of the | ||||||
19 | Congress of the United States, or an order of the Governor. | ||||||
20 | "Service member" means a member of the armed services or | ||||||
21 | reserve forces of the United States or a member of the Illinois | ||||||
22 | National Guard.
| ||||||
23 | (b) In an action for possession of residential premises of | ||||||
24 | a tenant, including a tenant who is a resident of a mobile home |
| |||||||
| |||||||
1 | park, who is a service member deployed on active duty, or of | ||||||
2 | any member of the tenant's family who resides with the tenant, | ||||||
3 | if the tenant entered into the rental agreement on or after the | ||||||
4 | effective date of this amendatory Act of the 94th General | ||||||
5 | Assembly, the court may, on its own motion, and shall, upon | ||||||
6 | motion made by or on behalf of the tenant, do either of the | ||||||
7 | following if the tenant's ability to pay the agreed rent is | ||||||
8 | materially affected by the tenant's deployment on active duty: | ||||||
9 | (1) Stay the proceedings for a period of 90 days, | ||||||
10 | unless, in the opinion of the court, justice and equity | ||||||
11 | require a longer or shorter period of time. | ||||||
12 | (2) Adjust the obligation under the rental agreement to | ||||||
13 | preserve the interest of all parties to it. | ||||||
14 | (c) In order to be eligible for the benefits granted to | ||||||
15 | service members under this Section, a service member or a | ||||||
16 | member of the service member's family who resides with the | ||||||
17 | service member must provide the landlord or mobile home park | ||||||
18 | operator with a copy of the military or gubernatorial orders | ||||||
19 | calling the service member to active duty and of any orders | ||||||
20 | further extending the service member's period of active duty.
| ||||||
21 | (d) If a stay is granted under this Section, the court may | ||||||
22 | grant the landlord or mobile home park operator such relief as | ||||||
23 | equity may require.
| ||||||
24 | (e) A violation of this Section constitutes a civil rights | ||||||
25 | violation under the Illinois Human Rights Act.
| ||||||
26 | (Source: P.A. 94-635, eff. 8-22-05.) |
| |||||||
| |||||||
1 | Section 35. The Illinois Human Rights Act is amended by | ||||||
2 | changing Section 1-103 and adding Section 6-102 as follows: | ||||||
3 | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | ||||||
4 | Sec. 1-103. General Definitions. When used in this Act, | ||||||
5 | unless the
context requires otherwise, the term:
| ||||||
6 | (A) Age. "Age" means the chronological age of a person who | ||||||
7 | is at least
40 years old, except with regard to any practice | ||||||
8 | described in Section
2-102, insofar as that practice concerns | ||||||
9 | training or apprenticeship
programs. In the case of training or | ||||||
10 | apprenticeship programs, for the
purposes of Section 2-102, | ||||||
11 | "age" means the chronological age of a person
who is 18 but not | ||||||
12 | yet 40 years old.
| ||||||
13 | (B) Aggrieved Party. "Aggrieved party" means a person who | ||||||
14 | is alleged
or proved to have been injured by a civil rights | ||||||
15 | violation or believes he
or she will be injured by a civil | ||||||
16 | rights violation under Article 3 that is
about to occur.
| ||||||
17 | (C) Charge. "Charge" means an allegation filed with the | ||||||
18 | Department
by an aggrieved party or initiated by the Department | ||||||
19 | under its
authority.
| ||||||
20 | (D) Civil Rights Violation. "Civil rights violation" | ||||||
21 | includes and
shall be limited to only those specific acts set | ||||||
22 | forth in Sections
2-102, 2-103, 2-105, 3-102, 3-103, 3-104, | ||||||
23 | 3-104.1, 3-105, 4-102, 4-103,
5-102, 5A-102 ,
and 6-101 , and | ||||||
24 | 6-102 of this Act.
|
| |||||||
| |||||||
1 | (E) Commission. "Commission" means the Human Rights | ||||||
2 | Commission
created by this Act.
| ||||||
3 | (F) Complaint. "Complaint" means the formal pleading filed | ||||||
4 | by
the Department with the Commission following an | ||||||
5 | investigation and
finding of substantial evidence of a civil | ||||||
6 | rights violation.
| ||||||
7 | (G) Complainant. "Complainant" means a person including | ||||||
8 | the
Department who files a charge of civil rights violation | ||||||
9 | with the Department or
the Commission.
| ||||||
10 | (H) Department. "Department" means the Department of Human | ||||||
11 | Rights
created by this Act.
| ||||||
12 | (I) Handicap. "Handicap" means a determinable physical or | ||||||
13 | mental
characteristic of a person, including, but not limited | ||||||
14 | to, a determinable
physical characteristic which necessitates | ||||||
15 | the person's use of a guide,
hearing or support dog, the | ||||||
16 | history of such characteristic, or the
perception of such | ||||||
17 | characteristic by the person complained against, which
may | ||||||
18 | result from disease, injury, congenital condition of birth or
| ||||||
19 | functional disorder and which characteristic:
| ||||||
20 | (1) For purposes of Article 2 is unrelated to the | ||||||
21 | person's ability
to perform the duties of a particular job | ||||||
22 | or position and, pursuant to
Section 2-104 of this Act, a | ||||||
23 | person's illegal use of drugs or alcohol is not a
handicap;
| ||||||
24 | (2) For purposes of Article 3, is unrelated to the | ||||||
25 | person's ability
to acquire, rent or maintain a housing | ||||||
26 | accommodation;
|
| |||||||
| |||||||
1 | (3) For purposes of Article 4, is unrelated to a | ||||||
2 | person's ability to
repay;
| ||||||
3 | (4) For purposes of Article 5, is unrelated to a | ||||||
4 | person's ability to
utilize and benefit from a place of | ||||||
5 | public accommodation.
| ||||||
6 | (J) Marital Status. "Marital status" means the legal status | ||||||
7 | of being
married, single, separated, divorced or widowed.
| ||||||
8 | (J-1) Military Status. "Military status" means a person's | ||||||
9 | status on
active duty in or status as a veteran of the armed | ||||||
10 | forces of the United States, status as a current member or | ||||||
11 | veteran of any
reserve component of the armed forces of the | ||||||
12 | United States, including the United
States Army Reserve, United | ||||||
13 | States Marine Corps Reserve, United States Navy
Reserve, United | ||||||
14 | States Air Force Reserve, and United States Coast Guard
| ||||||
15 | Reserve, or status as a current member or veteran of the | ||||||
16 | Illinois Army National Guard or Illinois Air National
Guard.
| ||||||
17 | (K) National Origin. "National origin" means the place in | ||||||
18 | which a
person or one of his or her ancestors was born.
| ||||||
19 | (L) Person. "Person" includes one or more individuals, | ||||||
20 | partnerships,
associations or organizations, labor | ||||||
21 | organizations, labor unions, joint
apprenticeship committees, | ||||||
22 | or union labor associations, corporations, the
State of | ||||||
23 | Illinois and its instrumentalities, political subdivisions, | ||||||
24 | units
of local government, legal representatives, trustees in | ||||||
25 | bankruptcy
or receivers.
| ||||||
26 | (M) Public Contract. "Public contract" includes every |
| |||||||
| |||||||
1 | contract to which the
State, any of its political subdivisions | ||||||
2 | or any municipal corporation is a
party.
| ||||||
3 | (N) Religion. "Religion" includes all aspects of religious | ||||||
4 | observance
and practice, as well as belief, except that with | ||||||
5 | respect to employers, for
the purposes of Article 2, "religion" | ||||||
6 | has the meaning ascribed to it in
paragraph (F) of Section | ||||||
7 | 2-101.
| ||||||
8 | (O) Sex. "Sex" means the status of being male or female.
| ||||||
9 | (O-1) Sexual orientation. "Sexual orientation" means | ||||||
10 | actual or
perceived heterosexuality, homosexuality, | ||||||
11 | bisexuality, or gender-related identity,
whether or not | ||||||
12 | traditionally associated with the person's designated sex at
| ||||||
13 | birth. "Sexual orientation" does not include a physical or | ||||||
14 | sexual attraction to a minor by an adult.
| ||||||
15 | (P) Unfavorable Military Discharge. "Unfavorable military | ||||||
16 | discharge"
includes discharges from the Armed Forces of the | ||||||
17 | United States, their
Reserve components or any National Guard | ||||||
18 | or Naval Militia which are
classified as RE-3 or the equivalent | ||||||
19 | thereof, but does not include those
characterized as RE-4 or | ||||||
20 | "Dishonorable".
| ||||||
21 | (Q) Unlawful Discrimination. "Unlawful discrimination" | ||||||
22 | means discrimination
against a person because of his or her | ||||||
23 | race, color, religion, national origin,
ancestry, age, sex, | ||||||
24 | marital status, handicap, military status, sexual
orientation,
| ||||||
25 | or unfavorable
discharge from military service as those terms | ||||||
26 | are defined in this Section.
|
| |||||||
| |||||||
1 | (Source: P.A. 93-941, eff. 8-16-04; 93-1078, eff. 1-1-06; | ||||||
2 | 94-803, eff. 5-26-06.)
| ||||||
3 | (775 ILCS 5/6-102 new) | ||||||
4 | Sec. 6-102. Violations of other Acts. A person who violates | ||||||
5 | the Military Leave of Absence Act, the Public Employee Armed | ||||||
6 | Services Rights Act, Section 11-117-12.2 of the Illinois | ||||||
7 | Municipal Code, Section 224.05 of the Illinois Insurance Code, | ||||||
8 | Section 8-201.5 of the Public Utilities Act, Section 9-107.10 | ||||||
9 | of the Code of Civil Procedure, Section 4.05 of the Interest | ||||||
10 | Act, the Military Personnel Cellular Phone Contract | ||||||
11 | Termination Act, or Section 37 of the Motor Vehicle Leasing Act | ||||||
12 | commits a civil rights violation within the meaning of this | ||||||
13 | Act. | ||||||
14 | Section 40. The Interest Act is amended by changing Section | ||||||
15 | 4.05 as follows: | ||||||
16 | (815 ILCS 205/4.05) | ||||||
17 | Sec. 4.05. Military personnel on active duty; limitation on | ||||||
18 | interest rate. | ||||||
19 | (a) In this Section: | ||||||
20 | "Active duty" means active duty pursuant to an executive | ||||||
21 | order of the President of the United States, an act of the | ||||||
22 | Congress of the United States, or an order of the Governor. | ||||||
23 | "Obligation" means any retail installment sales contract, |
| |||||||
| |||||||
1 | other contract for the purchase of goods or services, or bond, | ||||||
2 | bill, note, or other instrument of writing for the payment of | ||||||
3 | money arising out of a contract or other transaction for the | ||||||
4 | purchase of goods or services. | ||||||
5 | "Service member" means a member of the armed services or | ||||||
6 | reserve forces of the United States or a member of the Illinois | ||||||
7 | National Guard.
| ||||||
8 | (b) Notwithstanding any contrary provision of State law, | ||||||
9 | but subject to the federal Servicemembers Civil Relief Act, no | ||||||
10 | creditor in connection with an obligation entered into on or | ||||||
11 | after the effective date of this amendatory Act of the 94th | ||||||
12 | General Assembly, but prior to a service member's deployment on | ||||||
13 | active duty, shall charge or collect from a service member who | ||||||
14 | is deployed on active duty, or the spouse of that service | ||||||
15 | member, interest or finance charges exceeding 6% per annum | ||||||
16 | during the period that the service member is deployed on active | ||||||
17 | duty. | ||||||
18 | (c) Notwithstanding any contrary provision of law, | ||||||
19 | interest or finance charges in excess of 6% per annum that | ||||||
20 | otherwise would be incurred but for the prohibition in | ||||||
21 | subsection (b) are forgiven. | ||||||
22 | (d) The amount of any periodic payment due from a service | ||||||
23 | member who is deployed on active duty, or the spouse of that | ||||||
24 | service member, under the terms of the obligation shall be | ||||||
25 | reduced by the amount of the interest and finance charges | ||||||
26 | forgiven under subsection (c) that is allocable to the period |
| |||||||
| |||||||
1 | for which the periodic payment is made. | ||||||
2 | (e) In order for an obligation to be subject to the | ||||||
3 | interest and finance charges limitation of this Section, the | ||||||
4 | service member deployed on active duty, or the spouse of that | ||||||
5 | service member, shall provide the creditor with written notice | ||||||
6 | of and a copy of the military or gubernatorial orders calling | ||||||
7 | the service member to active duty and of any orders further | ||||||
8 | extending the service member's period of active duty, not later | ||||||
9 | than 180 days after the date of the service member's | ||||||
10 | termination of or release from active duty. | ||||||
11 | (f) Upon receipt of the written notice and a copy of the | ||||||
12 | orders referred to in subsection (e), the creditor shall treat | ||||||
13 | the obligation in accordance with subsection (b), effective as | ||||||
14 | of the date on which the service member is deployed to active | ||||||
15 | duty. | ||||||
16 | (g) A court may grant a creditor relief from the interest | ||||||
17 | and finance charges limitation of this Section, if, in the | ||||||
18 | opinion of the court, the ability of the service member | ||||||
19 | deployed on active duty, or the spouse of that service member, | ||||||
20 | to pay interest or finance charges with respect to the | ||||||
21 | obligation at a rate in excess of 6% per annum is not | ||||||
22 | materially affected by reason of the service member's | ||||||
23 | deployment on active duty.
| ||||||
24 | (h) A violation of this Section constitutes a civil rights | ||||||
25 | violation under the Illinois Human Rights Act.
In addition to | ||||||
26 | any other penalty that may be provided by law, a creditor that |
| |||||||
| |||||||
1 | violates this Section is subject to a civil penalty of $1,000. | ||||||
2 | The Attorney General may impose a civil penalty under this | ||||||
3 | subsection only after he or she provides the following to the | ||||||
4 | affected creditor: | ||||||
5 | (1) Written notice of the alleged violation. | ||||||
6 | (2) Written notice of the creditor's right to request | ||||||
7 | an administrative hearing on the question of the alleged | ||||||
8 | violation. | ||||||
9 | (3) An opportunity to present evidence, orally or in | ||||||
10 | writing or both, on the question of the alleged violation | ||||||
11 | before an impartial hearing examiner appointed by the | ||||||
12 | Attorney General. | ||||||
13 | (4) A written decision from the Attorney General, based | ||||||
14 | on the evidence introduced at the hearing and the hearing | ||||||
15 | examiner's recommendations, finding that the creditor | ||||||
16 | violated this Section and imposing the civil penalty. | ||||||
17 | The Attorney General may bring an action in the circuit | ||||||
18 | court to enforce the collection of a civil penalty imposed | ||||||
19 | under this subsection.
| ||||||
20 | All proceeds from the collection of any civil penalty | ||||||
21 | imposed under this subsection shall be deposited into the | ||||||
22 | Illinois Military Family Relief Fund.
| ||||||
23 | (Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06.) | ||||||
24 | Section 45. The Military Personnel Cellular Phone Contract | ||||||
25 | Termination Act is amended by adding Section 22 as follows: |
| |||||||
| |||||||
1 | (815 ILCS 633/22 new) | ||||||
2 | Sec. 22. Violation. A violation of this Act constitutes a | ||||||
3 | civil rights violation under the Illinois Human Rights Act. | ||||||
4 | (815 ILCS 633/20 rep.) | ||||||
5 | Section 50. The Military Personnel Cellular Phone Contract | ||||||
6 | Termination Act is amended by repealing Section 20. | ||||||
7 | Section 55. The Motor Vehicle Leasing Act is amended by | ||||||
8 | changing Section 37 as follows: | ||||||
9 | (815 ILCS 636/37) | ||||||
10 | Sec. 37. Military personnel on active duty; termination of | ||||||
11 | lease. | ||||||
12 | (a) In this Act: | ||||||
13 | "Active duty" means active duty pursuant to an executive | ||||||
14 | order of the President of the United States, an act of the | ||||||
15 | Congress of the United States, or an order of the Governor. | ||||||
16 | "Motor vehicle" means any automobile, car minivan, | ||||||
17 | passenger van, sport utility vehicle, pickup truck, or other | ||||||
18 | self-propelled vehicle not operated or driven on fixed rails or | ||||||
19 | track. | ||||||
20 | "Service member" means a member of the armed services or | ||||||
21 | reserve forces of the United States or a member of the Illinois | ||||||
22 | National Guard.
|
| |||||||
| |||||||
1 | (b) Any service member who is deployed on active duty for a | ||||||
2 | period of not less than 180 days, or the spouse of that service | ||||||
3 | member, may terminate any motor vehicle lease that meets both | ||||||
4 | of the following requirements: | ||||||
5 | (1) The lease is entered into on or after the effective | ||||||
6 | date of this amendatory Act of the 94th General Assembly. | ||||||
7 | (2) The lease is executed by or on behalf of the | ||||||
8 | service member who is deployed on active duty. | ||||||
9 | (c) Termination of the motor vehicle lease shall not be | ||||||
10 | effective until: | ||||||
11 | (1) the service member who is deployed on active duty, | ||||||
12 | or the service member's spouse, gives the lessor by | ||||||
13 | certified mail, return receipt requested, a notice of the | ||||||
14 | intention to terminate the lease together with a copy of | ||||||
15 | the military or gubernatorial orders calling the service | ||||||
16 | member to active duty and of any orders further extending | ||||||
17 | the service member's period of 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 | ||||||
22 | effective date of the lease's termination shall be paid on a | ||||||
23 | prorated basis. The lessor may not impose an early termination | ||||||
24 | charge, but any taxes, costs of summons, and title or | ||||||
25 | registration fees and any other obligation and liability of the | ||||||
26 | lessee under the terms of the lease, including reasonable |
| |||||||
| |||||||
1 | charges to the lessee for excess wear, use, and mileage, that | ||||||
2 | are due and unpaid at the time of the lease's termination shall | ||||||
3 | be paid by the lessee. | ||||||
4 | (e) The lessor shall refund to the lessee lease amounts | ||||||
5 | paid in advance for a period after the effective date of the | ||||||
6 | lease's termination within 30 days after the effective date of | ||||||
7 | the lease's termination. | ||||||
8 | (f) Upon application by the lessor to a court before the | ||||||
9 | effective date of the lease's termination, relief granted by | ||||||
10 | this Section may be modified as justice and equity require.
| ||||||
11 | (g) A violation of this Section constitutes a civil rights | ||||||
12 | violation under the Illinois Human Rights Act.
In addition to | ||||||
13 | any other penalty that may be provided by law, a lessor that | ||||||
14 | violates this Section is subject to a civil penalty of $1,000. | ||||||
15 | The Attorney General may impose a civil penalty under this | ||||||
16 | subsection only after he or she provides the following to the | ||||||
17 | affected lessor: | ||||||
18 | (1) Written notice of the alleged violation. | ||||||
19 | (2) Written notice of the lessor's right to request an | ||||||
20 | administrative hearing on the question of the alleged | ||||||
21 | violation. | ||||||
22 | (3) An opportunity to present evidence, orally or in | ||||||
23 | writing or both, on the question of the alleged violation | ||||||
24 | before an impartial hearing examiner appointed by the | ||||||
25 | Attorney General. | ||||||
26 | (4) A written decision from the Attorney General, based |
| |||||||
| |||||||
1 | on the evidence introduced at the hearing and the hearing | ||||||
2 | examiner's recommendations, finding that the lessor | ||||||
3 | violated this Section and imposing the civil penalty. | ||||||
4 | The Attorney General may bring an action in the circuit | ||||||
5 | court to enforce the collection of a civil penalty imposed | ||||||
6 | under this subsection. | ||||||
7 | All proceeds from the collection of any civil penalty | ||||||
8 | imposed under this subsection shall be deposited into the | ||||||
9 | Illinois Military Family Relief Fund.
| ||||||
10 | (Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06.)
| ||||||
11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.".
|