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| Public Act 093-0822 |
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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 | ||||
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 | ||
courses at the appropriate time. The rights
set forth in this | ||
Section
Sec. are in addition to any rights afforded to persons | ||
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 under the policies of an | ||
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 | ||
becoming law.
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