2005 Illinois Code - Chapter 815 Business Transactions 815 ILCS 633/      Military Personnel Cellular Phone Contract Termination Act.

    (815 ILCS 633/1)
    Sec. 1. Short title. This Act may be cited as the Military Personnel Cellular Phone Contract Termination Act.
(Source: P.A. 94‑635, eff. 8‑22‑05.)

    (815 ILCS 633/5)
    Sec. 5. Definition. 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.
    "Service member" means a member of the armed services or reserve forces of the United States or a member of the Illinois National Guard.
(Source: P.A. 94‑635, eff. 8‑22‑05.)

    (815 ILCS 633/10)
    Sec. 10. Termination of cellular phone contract without penalty. Any service member who is deployed on active duty, or the spouse of that service member, may terminate, without penalty, a cellular phone contract that meets both of the following requirements:
        (1) The contract is entered into on or after the
    
effective date of this Act.
        (2) The contract is executed by or on behalf of the
    
service member who is deployed on active duty.
(Source: P.A. 94‑635, eff. 8‑22‑05.)

    (815 ILCS 633/15)
    Sec. 15. Effective date of termination. Termination of the cellular phone contract shall not be effective until:
        (1) thirty days after the service member who is
    
deployed on active duty or the service member's spouse gives notice by certified mail, return receipt requested, of the intention to terminate the cellular phone contract 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) unless the service member who is deployed on
    
active duty owns the cellular phone, the cellular phone is returned to the custody or control of the cellular telephone company, or the service member who is deployed on active duty or the service member's spouse agrees in writing to return the cellular phone as soon as practical after the deployment is completed.
(Source: P.A. 94‑635, eff. 8‑22‑05.)

    (815 ILCS 633/20)
    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.
(Source: P.A. 94‑802, eff. 5‑26‑06.)

    (815 ILCS 633/900)
    Sec. 900. (Amendatory provisions; text omitted).
(Source: P.A. 94‑635, eff. 8‑22‑05; text omitted.)

    (815 ILCS 633/902)
    Sec. 902. (Amendatory provisions; text omitted).
(Source: P.A. 94‑635, eff. 8‑22‑05; text omitted.)

    (815 ILCS 633/905)
    Sec. 905. (Amendatory provisions; text omitted).
(Source: P.A. 94‑635, eff. 8‑22‑05; text omitted.)

    (815 ILCS 633/910)
    Sec. 910. (Amendatory provisions; text omitted).
(Source: P.A. 94‑635, eff. 8‑22‑05; text omitted.)

    (815 ILCS 633/915)
    Sec. 915. (Amendatory provisions; text omitted).
(Source: P.A. 94‑635, eff. 8‑22‑05; text omitted.)

    (815 ILCS 633/920)
    Sec. 920. (Amendatory provisions; text omitted).
(Source: P.A. 94‑635, eff. 8‑22‑05; text omitted.)

    (815 ILCS 633/925)
    Sec. 925. (Amendatory provisions; text omitted).
(Source: P.A. 94‑635, eff. 8‑22‑05; text omitted.)

    (815 ILCS 633/999)
    Sec. 999. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 94‑635, eff. 8‑22‑05.)

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