Bill Status of HB 593   94th General Assembly

Short Description:  SERVICE MEMBER EMPLOYMT TENURE

House Sponsors
Rep. Donald L. Moffitt-William B. Black-Mike Bost-Linda Chapa LaVia-Jim Watson, Bill Mitchell, Ron Stephens, Jim Sacia, Paul D. Froehlich, Sidney H. Mathias, Aaron Schock, Daniel V. Beiser, Patrick J Verschoore and Jack McGuire

Senate Sponsors
(Sen. John M. Sullivan-Dale E. Risinger, Debbie DeFrancesco Halvorson, Deanna Demuzio and Arthur J. Wilhelmi)


Last Action  View All Actions

DateChamber Action
  7/11/2005HousePublic Act . . . . . . . . . 94-0162

Statutes Amended In Order of Appearance
330 ILCS 60/4from Ch. 126 1/2, par. 32

Synopsis As Introduced
Amends the Service Member's Employment Tenure Act. Provides that each person scheduled to begin employment with a private employer or with the State of Illinois or a political subdivision who, for the purpose of entering the military service, has left or leaves such scheduled-to-begin-employment status and actually entered the military service and who thereafter (1) receives a certificate or other evidence of honorable discharge or satisfactory completion of military service, (2) is, at the time of such discharge or completion of military service, still qualified to perform the duties of the position of employment which he or she was scheduled to begin, and (3) makes application for re-employment within 90 days after being relieved from such military service, or from hospitalization continuing after discharge for a period of not more than one year, shall be restored by the employer to the position of scheduled-to-begin-employment status which he or she left with the same increases in status, seniority, and wages that were earned during his or her term of military service by employees in like positions who were on the job at the time the returning service member entered the service, or to a position of like seniority, status, and pay, unless the employer's circumstances have so changed as to make it impossible or unreasonable to do so. Extends other protections of the Act to service members who were scheduled to begin employment at the time they entered military service. Effective immediately.

House Amendment No. 1
Deletes reference to:
330 ILCS 60/4
Adds reference to:
20 ILCS 1805/22-10 new
330 ILCS 60/4.5 new

Replaces everything after the enacting clause. Amends the Military Code of Illinois and the Service Member's Employment Tenure Act. In the Service Member's Employment Tenure Act, provides that if an employer has given an individual a date upon which that individual is to commence performing services for the employer but the individual is called to active military duty before the date on which the individual's services were to have commenced, then the employer, upon request made by the individual, shall provide the individual with a written copy of the employment offer. Sets forth the minimum contents of the written copy of the employment offer. Provides that if an individual, upon honorable discharge from the military or satisfactory completion of his or her military service, is still qualified to perform the duties of the position for which he or she was first offered employment, and if the individual makes application with the employer within 90 days after he or she is relieved from military service, then the individual shall be given preference for employment with that employer. Provides that if circumstances have so changed as to make it impossible or unreasonable for the employer to employ the individual immediately, the individual shall remain eligible to begin such employment for a period of up to one year after the date the individual first notified the employer of his or her desire to perform such services. Provides that these provisions (i) do not apply if the original offer of work was limited to part-time employment, temporary employment, or casual labor and (ii) do not require an employer to hold a job position open or create additional employment to satisfy the requirements of these provisions. Under the Military Code of Illinois, requires the Adjutant General to give notice of these provisions and of the provisions of current law concerning restoration to a position of employment after completion of military service to persons who are called to active military duty. Effective immediately.

House Amendment No. 2
Replaces everything after the enacting clause with provisions substantially similar to those of House Amendment No. 1, amending the Military Code of Illinois and the Service Member's Employment Tenure Act, except also provides that nothing in the amendatory provisions added to the Service Member's Employment Tenure Act requires an employer to violate any employment law, collectively bargained employment recall, or other employment obligation to satisfy the requirements of those provisions.

Actions 
DateChamber Action
  1/27/2005HouseFiled with the Clerk by Rep. Donald L. Moffitt
  1/27/2005HouseFirst Reading
  1/27/2005HouseReferred to Rules Committee
  2/2/2005HouseAssigned to Labor Committee
  2/9/2005HouseDo Pass / Short Debate Labor Committee; 020-000-000
  2/10/2005HousePlaced on Calendar 2nd Reading - Short Debate
  2/10/2005HouseAdded Chief Co-Sponsor Rep. William B. Black
  2/10/2005HouseAdded Chief Co-Sponsor Rep. Mike Bost
  2/10/2005HouseAdded Chief Co-Sponsor Rep. Linda Chapa LaVia
  2/10/2005HouseAdded Chief Co-Sponsor Rep. Jim Watson
  2/10/2005HouseAdded Co-Sponsor Rep. Bill Mitchell
  2/10/2005HouseAdded Co-Sponsor Rep. Ron Stephens
  2/10/2005HouseAdded Co-Sponsor Rep. Jim Sacia
  2/10/2005HouseAdded Co-Sponsor Rep. Paul D. Froehlich
  2/10/2005HouseAdded Co-Sponsor Rep. Sidney H. Mathias
  2/10/2005HouseAdded Co-Sponsor Rep. Aaron Schock
  2/17/2005HouseHouse Amendment No. 1 Filed with Clerk by Rep. Donald L. Moffitt
  2/17/2005HouseHouse Amendment No. 1 Referred to Rules Committee
  2/25/2005HouseHouse Amendment No. 1 Recommends Be Adopted Rules Committee; 004-000-000
  2/25/2005HouseSecond Reading - Short Debate
  2/25/2005HouseHouse Amendment No. 1 Adopted by Voice Vote
  2/25/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/1/2005HouseRecalled to Second Reading - Short Debate
  3/1/2005HouseHeld on Calendar Order of Second Reading - Short Debate
  3/1/2005HouseHouse Amendment No. 2 Filed with Clerk by Rep. Donald L. Moffitt
  3/1/2005HouseHouse Amendment No. 2 Referred to Rules Committee
  3/9/2005HouseHouse Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
  4/5/2005HouseAdded Co-Sponsor Rep. Daniel V. Beiser
  4/5/2005HouseSecond Reading - Short Debate
  4/5/2005HouseHouse Amendment No. 2 Adopted by Voice Vote
  4/5/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/5/2005HouseAdded Co-Sponsor Rep. Patrick J Verschoore
  4/5/2005HouseAdded Co-Sponsor Rep. Jack McGuire
  4/5/2005HouseThird Reading - Short Debate - Passed 110-000-000
  4/6/2005SenateArrive in Senate
  4/6/2005SenatePlaced on Calendar Order of First Reading April 7, 2005
  4/7/2005SenateChief Senate Sponsor Sen. John M. Sullivan
  4/8/2005SenateAdded as Alternate Chief Co-Sponsor Sen. Dale E. Risinger
  4/11/2005SenateFirst Reading
  4/11/2005SenateReferred to Rules
  4/13/2005SenateAssigned to Labor
  4/21/2005SenateDo Pass Labor; 008-000-000
  4/21/2005SenatePlaced on Calendar Order of 2nd Reading May 3, 2005
  5/5/2005SenateAdded as Alternate Co-Sponsor Sen. Debbie DeFrancesco Halvorson
  5/5/2005SenateSecond Reading
  5/5/2005SenatePlaced on Calendar Order of 3rd Reading May 10, 2005
  5/11/2005SenateThird Reading - Passed; 059-000-000
  5/11/2005HousePassed Both Houses
  5/26/2005SenateAdded as Alternate Co-Sponsor Sen. Deanna Demuzio
  5/29/2005SenateAdded as Alternate Co-Sponsor Sen. Arthur J. Wilhelmi
  6/9/2005HouseSent to the Governor
  7/11/2005HouseGovernor Approved
  7/11/2005HouseEffective Date July 11, 2005
  7/11/2005HousePublic Act . . . . . . . . . 94-0162

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