HB5293 97TH GENERAL ASSEMBLY

LRB097 13888 CEL 58461 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5293

Introduced 2/8/2012, by Rep. Mary E. Flowers

SYNOPSIS AS INTRODUCED:

See Index

Amends the Public Utilities Act, Pharmacy Practice Act, Public Aid Code, Illinois Marriage and Dissolution of Marriage Act, Non-Support Punishment Act, and Income Withholding for Support Act. Provides that notwithstanding any other provision, if a person is either an unemployed individual who is eligible for unemployment benefits under the Unemployment Insurance Act or an unemployed individual who is no longer eligible for extended benefits because the individual has exhausted his or her extended benefits under that Act, then (i) a public utility company that receives any federal or State funds shall not terminate or cut off the gas or electrical services, (ii) a pharmacy or pharmacist who receives any federal or State funds shall not refuse to dispense prescription medication, or (iii) the unemployed individual shall not be sentenced to any period of imprisonment for failure to make child support payments. Amends the Code of Civil Procedure. Provides that notwithstanding any other provision, no person may bring a forcible entry or detainer action for the possession of lands or leased premises against any person who is an unemployed individual who is eligible for unemployment benefits or who is no longer eligible for extended unemployment benefits. Provides that notwithstanding any other provision, no mortgagee who receives any federal or State funds may institute foreclosure proceedings against any mortgagor who is an unemployed individual who is eligible for unemployment benefits or who is no longer eligible for extended unemployment benefits. Defines "receives any federal or State funds". Effective immediately.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Legislative findings and purpose. The General Assembly finds that as of October 2011 the national unemployment rate is 9% and the State unemployment rate is 10.1%. It is the intent of the General Assembly to assist those struggling with unemployment and long-term unemployment by ensuring that basic, but vital, goods and services, such as housing, medication, and public utility services are not terminated due to an individual's inability to pay for those services.

Section 5. The Public Utilities Act is amended by adding Section 8-206.5 as follows:

(220 ILCS 5/8-206.5 new)

Sec. 8-206.5. Unemployed individual. Notwithstanding any other provision of this Act, a public utility company that receives any federal or State funds shall not terminate or cut off the gas or electrical services at the residence of an unemployed individual who is eligible for unemployment benefits under Section 500 of the Unemployment Insurance Act or an unemployed individual who is no longer eligible for extended benefits because the individual has exhausted his or her extended benefits under Section 409 of that Act.

Section 10. The Pharmacy Practice Act is amended by adding Section 26.5 as follows:

(225 ILCS 85/26.5 new)

Sec. 26.5. Unemployed individual. Notwithstanding any other provision of this Act, a pharmacy or pharmacist who receives any federal or State funds shall not refuse to dispense prescription medication to an unemployed individual who is eligible for unemployment benefits under Section 500 of the Unemployment Insurance Act or an unemployed individual who is no longer eligible for extended benefits because the individual has exhausted his or her extended benefits under Section 409 of that Act.

Section 15. The Illinois Public Aid Code is amended by adding Sections 5-2.5 and 10-29 as follows:

(305 ILCS 5/5-2.5 new)

Sec. 5-2.5. Unemployed individual. Notwithstanding any other provision of this Act, an unemployed individual who is eligible for unemployment benefits under Section 500 of the Unemployment Insurance Act or an unemployed individual who is no longer eligible for extended benefits because the individual has exhausted his or her extended benefits under Section 409 of that Act shall not be sentenced to any period of imprisonment for failure to make child support payments under this Act.

(305 ILCS 5/10-29 new)

Sec. 10-29. Unemployed individual. Notwithstanding any other provision of this Act, an unemployed individual who is eligible for unemployment benefits under Section 500 of the Unemployment Insurance Act or an unemployed individual who is no longer eligible for extended benefits because the individual has exhausted his or her extended benefits under Section 409 of that Act shall not be sentenced to any period of imprisonment for failure to make child support payments under this Act.

Section 20. The Code of Civil Procedure is amended by adding Sections 9-107.11 and 15-1108 as follows:

(735 ILCS 5/9-107.11 new)

Sec. 9-107.11. Unemployed defendant. Notwithstanding any other provision of this Article, no person who receives federal or State funds and is entitled to the possession of lands or tenements may be restored thereto against any person who is an unemployed individual who is eligible for unemployment benefits under Section 500 of the Unemployment Insurance Act or who is an unemployed individual who is no longer eligible for extended benefits because the individual has exhausted his or her extended benefits under Section 409 of that Act.

(735 ILCS 5/15-1108 new)

Sec. 15-1108. Unemployed mortgagor. Notwithstanding any other provision of this Article, no mortgagee who receives any federal or State funds may institute proceedings under this Article against any mortgagor who is an unemployed individual who is eligible for unemployment benefits under Section 500 of the Unemployment Insurance Act or who is an unemployed individual who is no longer eligible for extended benefits because the individual has exhausted his or her extended benefits under Section 409 of that Act. For purposes of this Section, "receives any federal or State funds" includes, but is not limited to, the following: maintains any type of bank account or deposit for a federal or State agency or entity; receives funds from a federal or State agency or entity for deposit or investment into an interest-bearing account, security, or investment offered by the mortgagee; participates in any type of program in which the federal or State government or any federal or State agency or entity provides any benefit, financing, guaranty, or other financial benefit to the mortgagee or a client or customer of the mortgagee; or offers for purchase or investment to clients or customers of the mortgagee any federal bond or treasury bill or State bond or investment program.

Section 25. The Illinois Marriage and Dissolution of Marriage Act is amended by adding Section 505.1-5 as follows:

(750 ILCS 5/505.1-5 new)

Sec. 505.1-5. Unemployed individual. Notwithstanding any other provision of this Act, an unemployed individual who is eligible for unemployment benefits under Section 500 of the Unemployment Insurance Act or an unemployed individual who is no longer eligible for extended benefits because the individual has exhausted his or her extended benefits under Section 409 of that Act shall not be sentenced to any period of imprisonment, including periodic imprisonment, for failure to make child support payments under this Act.

Section 30. The Non-Support Punishment Act is amended by adding Section 17 as follows:

(750 ILCS 16/17 new)

Sec. 17. Unemployed individual. Notwithstanding any other provision of this Act, an unemployed individual who is eligible for unemployment benefits under Section 500 of the Unemployment Insurance Act or an unemployed individual who is no longer eligible for extended benefits because the individual has exhausted his or her extended benefits under Section 409 of that Act shall not be sentenced to any period of imprisonment for failure to make child support payments under this Act.

Section 35. The Income Withholding for Support Act is amended by adding Section 65 as follows:

(750 ILCS 28/65 new)

Sec. 65. Unemployed individual. Notwithstanding any other provision of this Act, an unemployed individual who is eligible for unemployment benefits under Section 500 of the Unemployment Insurance Act or an unemployed individual who is no longer eligible for extended benefits because the individual has exhausted his or her extended benefits under Section 409 of that Act shall not be sentenced to any period of imprisonment for failure to make child support payments under this Act.

Section 99. Effective date. This Act takes effect upon becoming law.