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Public Act 093-0822
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| HB4372 Enrolled |
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 |
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 |
service", as used
in this Act,
shall include the following |
persons and no others: All members of the Army
of the United |
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 |
called into the service or
training of the United States of |
America or of this State. The term
"military service", as
used |
in this Act, shall signify Federal service or active duty with |
any
branch of service heretofore referred to as well as |
training or education
under the supervision of the United |
States preliminary to induction into
the military service.
The |
term "military service" also includes any period of active duty |
with the
State of Illinois pursuant to the orders of the |
President of the United States or the Governor.
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The foregoing definitions shall apply both to voluntary |
enlistment and
to induction into service by draft or |
conscription.
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The term "political subdivision", as used in this Act, |
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 |
14 days
after a period of military service with the State of |
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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court having jurisdiction over the enforcement of any
civil |
obligation or
liability, the prosecution of any civil suit or |
proceeding, or the entry or
enforcement
of any civil order, |
writ, judgment, or decree may stay, postpone, or suspend
the |
matter if the court
determines that a person's failure to meet |
the obligation is the direct
result
of the aforementioned |
period of military service. The stay, postponement, or
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suspension of
proceedings does not in any way modify any |
condition, obligation, term, or
liability agreed upon or |
incurred by a person in military service including but
not |
limited to
accrued interest, late fees, or
penalties. No stay, |
postponement, or suspension shall be provided regarding
any
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written agreement entered into, or debt that is incurred, by |
the person during
or after his or her period
of military |
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 |
military service
with the State of Illinois or in federal |
active duty service pursuant to the orders of the President of |
the United States or the Governor has the right
to receive a |
full
monetary credit or refund for
funds paid
to any
Illinois |
public university, college or community college if the person |
is placed into a period of military service with the State of |
Illinois pursuant to the orders of the President of the United |
States or the Governor and
is unable to attend the university |
or college for a period of 7 or
more days.
Withdrawal from the |
course shall not impact upon the final
grade point average of |
the person. If any person who has been enrolled in any
Illinois |
public university, college, or community college is unable to |
process
his or her enrollment for the upcoming
term, he or she |
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, |
and all
items that were not in place because the person was |
engaged in military service
and was unable to enroll in the |