HB4372 Engrossed

LRB093 19456 DRJ 46681 b






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    AN ACT concerning military service.

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


 
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    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:
 



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



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    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 
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States, the United States Navy, the Marine Corps, the Air

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

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

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

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

 



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    (330 ILCS 60/5.1)



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

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


 






HB4372 Engrossed
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court having jurisdiction over the enforcement of any
civil 
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obligation or
liability, the prosecution of any civil suit or 
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proceeding, or the entry or
enforcement
of any civil order, 
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writ, judgment, or decree may stay, postpone, or suspend
the 
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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 
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period of military service.  The stay, postponement, or

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

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

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

 



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    (330 ILCS 60/5.2)



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    Sec. 5.2. School attendance and tuition. Any person in 
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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 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 
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Illinois pursuant to the orders of the President of the United 
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States or the Governor and
is unable to attend the university 
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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 
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public university, college, or community college is unable to 
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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,

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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 
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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 
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Section
Sec. are in addition to any rights afforded to persons 
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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.

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

 

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