93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4372


 
Introduced 02/03/04, by Linda Chapa LaVia
 
SYNOPSIS AS INTRODUCED:
 		


















330 ILCS 60/3
  from Ch. 126 1/2, par. 31


330 ILCS 60/5.1




330 ILCS 60/5.2









    Amends the Service Men's Employment Tenure Act.  Provides that persons in military service with the State of Illinois or in federal active duty service (instead of only in military service with the State) pursuant to the orders of the President of the United States or the Governor (instead of only the Governor) are entitled to certain rights in connection with a stay, postponement, or suspension of court proceedings and a monetary credit or refund of college tuition and fees.  Effective immediately.



















LRB093 19456 DRJ 46681 b




















 


 


A BILL FOR









 














HB4372

LRB093 19456 DRJ 46681 b









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    AN ACT concerning military service.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Service Men's Employment Tenure Act is 
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amended  by changing Sections 3, 5.1, and 5.2 as follows:
 



6
    (330 ILCS 60/3)  (from Ch. 126 1/2, par. 31)



7
    Sec. 3. Definitions. The term "persons in the military 
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service", as used
in this Act,
shall include the following 
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persons and no others: All members of the Army
of the United 
10
States, the United States Navy, the Marine Corps, the Air

11
Force,
the Coast
Guard and all members of the State Militia 
12
called into the service or
training of the United States of 
13
America or of this State. The term
"military service", as
used 
14
in this Act, shall signify Federal service or active duty with 
15
any
branch of service heretofore referred to as well as 
16
training or education
under the supervision of the United 
17
States preliminary to induction into
the military service.
The 
18
term "military service" also includes any period of active duty 
19
with the
State of Illinois pursuant to the orders of the 
20
President of the United States or the Governor.

21
    The foregoing definitions shall apply both to voluntary 
22
enlistment and
to induction into service by draft or 
23
conscription.

24
    The term "political subdivision", as used in this Act, 
25
means any unit of
local government or school district.

26
(Source: P.A. 88-518.)

 



27
    (330 ILCS 60/5.1)



28
    Sec. 5.1. Stay of prosecution. During and for a period of 
29
14 days
after a period of military service with the State of 
30
Illinois or in federal active duty service pursuant to the

31
orders of the President of the United States or the Governor, a 
 


 









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court having jurisdiction over the enforcement of any
civil 
2
obligation or
liability, the prosecution of any civil suit or 
3
proceeding, or the entry or
enforcement
of any civil order, 
4
writ, judgment, or decree may stay, postpone, or suspend
the 
5
matter if the court
determines that a person's failure to meet 
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the obligation is the direct
result
of the aforementioned 
7
period of military service.  The stay, postponement, or

8
suspension of
proceedings does not in any way modify any 
9
condition, obligation, term, or
liability agreed upon or 
10
incurred by a person in military service including but
not 
11
limited to
accrued interest, late fees, or
penalties.  No stay, 
12
postponement, or suspension shall be provided regarding
any

13
written agreement entered into, or debt that is incurred, by 
14
the person during
or after his or her period
of military 
15
service.

16
(Source: P.A. 88-518.)

 



17
    (330 ILCS 60/5.2)



18
    Sec. 5.2. School attendance and tuition. Any person in 
19
military service
with the State of Illinois or in federal 
20
active duty service pursuant to the orders of the President of 
21
the United States or the Governor has the right
to receive a 
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full
monetary credit or refund for
funds paid
to any
Illinois 
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public university, college or community college if the person 
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is
placed into a period of military
service with the State of 
25
Illinois pursuant to the orders of the President of the United 
26
States or the Governor and
is unable to attend the university 
27
or college for a period of 7 or
more days.
Withdrawal from the 
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course shall not impact upon the final
grade point average of 
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the person.  If any person who has been enrolled in any
Illinois 
30
public university, college, or community college is unable to 
31
process
his or her enrollment for the upcoming
term, he or she 
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shall have any and all late penalties and or charges set aside,

33
including any and all late processing fees for books, lab fees, 
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and all
items that were not in place because the person was 
35
engaged in military service
and was unable to enroll in the 
 


 









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courses at the appropriate time.  The rights
set forth in this 
2
Section
Sec. are in addition to any rights afforded to persons 
3
in
military service with the State of Illinois or in federal 
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active duty service pursuant to the orders of the President of 
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the United States or the
Governor under the policies of an 
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Illinois public university, college, or
community college.

7
(Source: P.A. 88-518.)

 

8
    Section 99. Effective date. This Act takes effect upon 
9
becoming law.