Full Text of HB4372 093rd General Assembly
HB4372enr 93RD GENERAL ASSEMBLY
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HB4372 Enrolled |
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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 | 5 |
| 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 | 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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| 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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| The foregoing definitions shall apply both to voluntary | 22 |
| enlistment and
to induction into service by draft or | 23 |
| conscription.
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| The term "political subdivision", as used in this Act, | 25 |
| 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 | 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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| orders of the President of the United States or the Governor, a |
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HB4372 Enrolled |
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LRB093 19456 DRJ 46681 b |
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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 | 6 |
| the obligation is the direct
result
of the aforementioned | 7 |
| period of military service. The stay, postponement, or
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| 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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| 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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| (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 | 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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| 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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HB4372 Enrolled |
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LRB093 19456 DRJ 46681 b |
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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 | 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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| (Source: P.A. 88-518.)
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| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
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