State of Illinois
92nd General Assembly
Legislation

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[ Governor's Message ][ Senate Amendment 002 ]


92_SB1583sam001

 










                                           LRB9212990DJmbam01

 1                    AMENDMENT TO SENATE BILL 1583

 2        AMENDMENT NO.     .  Amend Senate Bill 1583 by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Service Men's Employment Tenure Act is
 5    amended by changing Section  1  and  adding  Section  5.3  as
 6    follows:

 7        (330 ILCS 60/1) (from Ch. 126 1/2, par. 29)
 8        Sec. 1.  Short title.  This Act shall be known and may be
 9    cited as the Service Men's Employment Tenure and Civil Relief
10    Act.
11    (Source: Laws 1941, vol. 1, p. 1202.)

12        (330 ILCS 60/5.3 new)
13        Sec.   5.3.  Illinois   National   Guard;  Soldiers'  and
14    Sailors' Civil Relief Act of 1940.
15        (a)  Notwithstanding any other provision of law, a person
16    who is a member of the Illinois National Guard and who is  on
17    active  duty shall be accorded all of the relief and benefits
18    under the laws of this State that  are  accorded  to  federal
19    military  personnel  on  active  duty under the Soldiers' and
20    Sailors' Civil Relief  Act  of  1940,  as  now  or  hereafter
21    amended,  if the person provides written notice of his or her
 
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 1    active duty in the same manner that notice is provided  under
 2    the Soldiers' and Sailors' Civil Relief Act of 1940.
 3        (b)  Notwithstanding any other provision of law, a person
 4    who  is a member of the federal military and who is on active
 5    duty shall be accorded all of the relief and  benefits  under
 6    the  laws of this State that are accorded to the person under
 7    the Soldiers' and Sailors' Civil Relief Act of 1940,  as  now
 8    or  hereafter  amended, if the person on active duty provides
 9    notice of his or her active  duty  under  the  Soldiers'  and
10    Sailors' Civil Relief Act of 1940.
11        (c)  A  person  who  has provided notice under subsection
12    (a) or (b) shall, within 60 days after the termination of his
13    or her active duty, provide written notice of the termination
14    of his or her active duty to the person to  whom  notice  was
15    provided under subsection (a) or (b).
16        (d)  For  purposes  of  this  Section:  (i)  when used in
17    reference to the Illinois National Guard,  the  term  "active
18    duty"  means  a  period  of  active  duty  in  excess  of  30
19    consecutive  days pursuant to orders of the Governor, whether
20    or not for training, either under  Title  32  of  the  United
21    States  Code  or under State Active Duty pursuant to the laws
22    of this State; and (ii) when used  in  reference  to  federal
23    military  personnel,  the  term  "active duty" shall have the
24    same meaning as the term "military  service"  as  defined  in
25    subsection  (1)  of Section 511 of the Soldiers' and Sailors'
26    Civil Relief Act of 1940.

27        Section 10.  The Metropolitan Transit  Authority  Act  is
28    amended by changing Section 29 as follows:

29        (70 ILCS 3605/29) (from Ch. 111 2/3, par. 329)
30        Sec.  29.  If  the  Authority  acquires  a transportation
31    system in operation by a public utility, all of the employees
32    in the operating and maintenance  divisions  of  such  public
 
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 1    utility   and   all  other  employees  except  executive  and
 2    administrative officers and employees, shall  be  transferred
 3    to  and  appointed  as employees of the Authority, subject to
 4    all rights and benefits of  this  Act,  and  these  employees
 5    shall  be  given  seniority  credit  in  accordance  with the
 6    records and labor agreements of the public utility. Employees
 7    who left the employ of such a public  utility  to  enter  the
 8    military  service  of  the  United States shall have the same
 9    rights as to the  Authority,  under  the  provisions  of  the
10    "Service  Men's  Employment  Tenure  and  Civil  Relief Act",
11    approved July 17, 1941, as they would have had thereunder  as
12    to  such public utility. After such acquisition the authority
13    shall be required to extend to such former employees of  such
14    public  utility  only  the rights and benefits as to pensions
15    and  retirement  as  are  accorded  other  employees  of  the
16    Authority.
17    (Source: Laws 1963, p. 152.)

18        Section 15.  The  Local  Mass  Transit  District  Act  is
19    amended by changing Section 3.5 as follows:

20        (70 ILCS 3610/3.5) (from Ch. 111 2/3, par. 353.5)
21        Sec.  3.5.  If  the  district  acquires  a  mass  transit
22    facility,   all   of  the  employees  in  the  operating  and
23    maintenance divisions of such mass transit facility  and  all
24    other  employees except executive and administrative officers
25    and employees, shall  be  transferred  to  and  appointed  as
26    employees of the district, subject to all rights and benefits
27    of  this  Act,  and  these employees shall be given seniority
28    credit in accordance with the records and labor agreements of
29    the mass transit facility. Employees who left the  employ  of
30    such a mass transit facility to enter the military service of
31    the  United  States  shall  have  the  same  rights as to the
32    district,  under  the  provisions  of  the   "Service   Men's
 
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 1    Employment  Tenure  and  Civil Relief Act", approved July 17,
 2    1941, as they would have  had  thereunder  as  to  such  mass
 3    transit  facility.  After such acquisition the district shall
 4    be required to extend to such former employees of  such  mass
 5    transit  facility only the rights and benefits as to pensions
 6    and  retirement  as  are  accorded  other  employees  of  the
 7    district.
 8    (Source: Laws 1959, p. 1635.)

 9        Section 99.  Effective date.  This Act takes effect  upon
10    becoming law.".

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