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1 | AN ACT concerning military service.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Service Men's Employment Tenure Act is | ||||||
5 | amended by changing Sections 3, 5.1, and 5.2 as follows:
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6 | (330 ILCS 60/3) (from Ch. 126 1/2, par. 31)
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7 | Sec. 3. Definitions. The term "persons in the military | ||||||
8 | service", as used
in this Act,
shall include the following | ||||||
9 | persons and no others: All members of the Army
of the United | ||||||
10 | States, the United States Navy, the Marine Corps, the Air
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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.
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21 | The foregoing definitions shall apply both to voluntary | ||||||
22 | enlistment and
to induction into service by draft or | ||||||
23 | conscription.
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24 | The term "political subdivision", as used in this Act, | ||||||
25 | means any unit of
local government or school district.
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26 | (Source: P.A. 88-518.)
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27 | (330 ILCS 60/5.1)
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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
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31 | orders of the President of the United States or the Governor, a |
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1 | 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 | ||||||
6 | the obligation is the direct
result
of the aforementioned | ||||||
7 | period of military service. The stay, postponement, or
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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
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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.
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16 | (Source: P.A. 88-518.)
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17 | (330 ILCS 60/5.2)
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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 | ||||||
22 | full
monetary credit or refund for
funds paid
to any
Illinois | ||||||
23 | public university, college or community college if the person | ||||||
24 | 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 | ||||||
28 | course shall not impact upon the final
grade point average of | ||||||
29 | 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 | ||||||
32 | shall have any and all late penalties and or charges set aside,
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33 | including any and all late processing fees for books, lab fees, | ||||||
34 | 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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1 | 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 | ||||||
4 | active duty service pursuant to the orders of the President of | ||||||
5 | the United States or the
Governor under the policies of an | ||||||
6 | Illinois public university, college, or
community college.
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7 | (Source: P.A. 88-518.)
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8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.
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