Bill Status of SB 3547   100th General Assembly

Short Description:  SERVICE-MEMBER EMPLOYMENT

Senate Sponsors
Sen. Thomas Cullerton-Neil Anderson-Michael Connelly

House Sponsors
(Rep. Linda Chapa LaVia-Jay Hoffman, Michael Halpin, Elizabeth Hernandez, Silvana Tabares and William Davis)


Last Action  View All Actions

DateChamber Action
  8/26/2018SenatePublic Act . . . . . . . . . 100-1101

Statutes Amended In Order of Appearance
New Act
5 ILCS 325/Act rep.
5 ILCS 330/Act rep.
20 ILCS 1805/Art. V-A heading
20 ILCS 1805/22-10 rep.
20 ILCS 1805/30.1 rep.
20 ILCS 1805/30.5 rep.
20 ILCS 1805/30.10 rep.
20 ILCS 1805/30.20 rep.
20 ILCS 1805/30.15 rep.
20 ILCS 1815/79 rep.
50 ILCS 120/Act rep.
50 ILCS 140/Act rep.
70 ILCS 3605/29from Ch. 111 2/3, par. 329
70 ILCS 3610/3.5from Ch. 111 2/3, par. 353.5
330 ILCS 60/1from Ch. 126 1/2, par. 29
330 ILCS 60/2from Ch. 126 1/2, par. 30
330 ILCS 60/3from Ch. 126 1/2, par. 31
330 ILCS 60/4 rep.
330 ILCS 60/4.5 rep.
330 ILCS 60/5 rep.
330 ILCS 60/6 rep.
330 ILCS 60/7 rep.
330 ILCS 60/8 rep.
330 ILCS 63/10
720 ILCS 5/17-6from Ch. 38, par. 17-6
775 ILCS 5/6-102

Synopsis As Introduced
Creates the Service-Member Employment and Reemployment Rights Act. Contains provisions concerning matters relevant to the employment rights of service-members, including employment protections, additional benefits for public employee members of a reserve component, prohibitions on discrimination, a notice of rights and duties, violations, enforcement, remedies, and rulemaking. Provides that the Attorney General shall appoint an Illinois Service-Member Employment and Reemployment Rights Act Advocate to carry out various duties related to the Act. Provides that in times of national or State emergency, the Governor may extend the protections of the Act. Limits the concurrent exercise of power by home rule units. Makes corresponding and related changes throughout the statutes. Repeals the Military Leave of Absence Act, the Public Employee Armed Services Rights Act, the Municipal Employees Military Active Duty Act, and the Local Government Employees Benefits Continuation Act. Amends the Service Member's Employment Tenure Act to change the short title to the Service Member's Tenure Act.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Changes the short title of the Service-Member Employment and Reemployment Rights Act to the Service Member Employment and Reemployment Rights Act and makes related changes. In the provisions of the Service Member Employment and Reemployment Rights Act, defines "active service without pay" and "inactive duty". Removes definitions for "emergency care", "mobilization for a contingency operation", and "special needs family member". Makes changes to provisions concerning differential compensation. Removes language providing that a retroactive upgrade does not entitle a service member employee to back pay and other benefits attributable to the time period between discharge and retroactive upgrade. Provides that during periods of military leave for annual training (rather than annual training), public employees shall continue to receive full compensation as a public employee for up to 30 (rather than 15) days per calendar year and military leave for purposes of receiving concurrent compensation may be performed nonsynchronously. Removes language providing that concurrent compensation shall not be paid for active duty or active duty without pay. Provides that differential compensation for voluntary active service is limited to 60 (rather than 40) work days in a calendar year. Provides that public employees who have exhausted concurrent compensation under specified provisions in a calendar year shall receive differential compensation when authorized under other specified provisions in the same calendar year. Removes certain exceptions to provisions concerning additional benefits for public employee members of a reserve component providing that employer-based health plan benefits shall continue. Makes other changes.

Senate Floor Amendment No. 2
Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill, as amended by Senate Amendment No. 1, with the following changes: Makes changes to the definitions of "active service " and "active service without pay". In provisions concerning additional benefits for public employee members of a reserve component, provides that the employer's share of the full premium and administrative costs for employer-based health plan benefits shall continue to be paid by the employer (rather than may not be charged) for active duty beyond 30 days (currently, active duty beyond 30 days in cases of involuntary active service). In provisions concerning private right enforcement of the Service Member Employment and Reemployment Rights Act, provides that a violation of provisions concerning a notice of right and duties may not be the sole basis for a civil action under the Act. Makes other changes.

House Committee Amendment No. 1
In the provisions of the Service Member Employment and Reemployment Rights Act concerning differential compensation, provides that for purposes of inactive duty, the daily rate of compensation for military service is calculated in accordance with the applicable drill pay chart issued by Defense Finance and Accounting Services. Provides that the provisions prohibiting an employer from imposing conditions for military leave shall not be construed to prevent an employer from providing scheduling options to employees in lieu of paid military leave. Provides that provisions concerning service, efficiency, and performance ratings do not apply to probationary periods. Makes changes to provisions concerning legislative intent and other changes.

Actions 
DateChamber Action
  2/16/2018SenateFiled with Secretary by Sen. Thomas Cullerton
  2/16/2018SenateFirst Reading
  2/16/2018SenateReferred to Assignments
  2/27/2018SenateAssigned to Veterans Affairs
  3/14/2018SenatePostponed - Veterans Affairs
  4/3/2018SenateAdded as Chief Co-Sponsor Sen. Neil Anderson
  4/9/2018SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Thomas Cullerton
  4/9/2018SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/10/2018SenateSenate Committee Amendment No. 1 Assignments Refers to Veterans Affairs
  4/10/2018SenateSenate Committee Amendment No. 1 Adopted
  4/11/2018SenateDo Pass as Amended Veterans Affairs; 006-000-000
  4/11/2018SenatePlaced on Calendar Order of 2nd Reading April 12, 2018
  4/19/2018SenateSecond Reading
  4/19/2018SenatePlaced on Calendar Order of 3rd Reading April 23, 2018
  4/20/2018SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Thomas Cullerton
  4/20/2018SenateSenate Floor Amendment No. 2 Referred to Assignments
  4/23/2018SenateSenate Floor Amendment No. 2 Assignments Refers to Veterans Affairs
  4/24/2018SenateSenate Floor Amendment No. 2 Recommend Do Adopt Veterans Affairs; 005-000-000
  4/26/2018SenateAdded as Chief Co-Sponsor Sen. Michael Connelly
  4/26/2018SenateRecalled to Second Reading
  4/26/2018SenateSenate Floor Amendment No. 2 Adopted; T. Cullerton
  4/26/2018SenatePlaced on Calendar Order of 3rd Reading
  4/26/2018SenateThird Reading - Passed; 052-000-000
  4/26/2018HouseArrived in House
  4/26/2018HouseChief House Sponsor Rep. Linda Chapa LaVia
  4/26/2018HouseFirst Reading
  4/26/2018HouseReferred to Rules Committee
  5/7/2018HouseAssigned to Labor & Commerce Committee
  5/14/2018HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Linda Chapa LaVia
  5/14/2018HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/15/2018HouseHouse Committee Amendment No. 1 Rules Refers to Labor & Commerce Committee
  5/16/2018HouseAdded Alternate Co-Sponsor Rep. Michael Halpin
  5/16/2018HouseAdded Alternate Co-Sponsor Rep. Elizabeth Hernandez
  5/16/2018HouseHouse Committee Amendment No. 1 Adopted in Labor & Commerce Committee; by Voice Vote
  5/16/2018HouseDo Pass as Amended / Short Debate Labor & Commerce Committee; 022-000-000
  5/17/2018HouseAdded Alternate Co-Sponsor Rep. Silvana Tabares
  5/17/2018HouseAdded Alternate Co-Sponsor Rep. William Davis
  5/18/2018HousePlaced on Calendar 2nd Reading - Short Debate
  5/21/2018HouseSecond Reading - Short Debate
  5/21/2018HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/24/2018HouseAdded Alternate Chief Co-Sponsor Rep. Jay Hoffman
  5/25/2018HouseFinal Action Deadline Extended-9(b) May 31, 2018
  5/29/2018HouseThird Reading - Short Debate - Passed 116-000-000
  5/29/2018SenateSecretary's Desk - Concurrence House Amendment(s) 1
  5/29/2018SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 30, 2018
  5/29/2018SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Thomas Cullerton
  5/29/2018SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  5/30/2018SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to State Government
  5/30/2018SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt State Government; 007-000-000
  5/31/2018SenateHouse Committee Amendment No. 1 Senate Concurs 056-000-000
  5/31/2018SenateSenate Concurs
  5/31/2018SenatePassed Both Houses
  6/29/2018SenateSent to the Governor
  8/26/2018SenateGovernor Approved
  8/26/2018SenateEffective Date January 1, 2019
  8/26/2018SenatePublic Act . . . . . . . . . 100-1101

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