Illinois General Assembly - Full Text of HB5368
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Full Text of HB5368  95th General Assembly

HB5368eng 95TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning military affairs.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. Short title. This Act may be cited as the
5 Military Family Interstate Compact Implementation Statute
6 Drafting Advisory Committee Act.
 
7     Section 5. Committee; created; mandate. The Military
8 Family Interstate Compact Implementation Statute Drafting
9 Advisory Committee is created as an interagency advisory
10 committee to develop a comprehensive statute to implement the
11 Interstate Compact on Educational Opportunity for Military
12 Children, a document developed by the National Military Family
13 Association. The Lieutenant Governor is the chair of the
14 Committee, which shall be composed of the following individuals
15 or agency designees:
16         (1) The Lieutenant Governor.
17         (2) The Illinois State Board of Education.
18         (3) The Department of Commerce and Economic
19     Opportunity.
20         (4) The Department of Healthcare and Family Services.
21         (5) The Housing Development Authority.
22         (6) The Department of Veterans' Affairs.
23         (7) The Department of Military Affairs.

 

 

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1         (8) The Department of Labor.
2         (9) Any other interested stakeholder, at the
3     discretion of the chair.
4     The Committee shall meet at a time and place designated by
5 the chair, but in no case shall the Committee meet less often
6 than once each month, until it has fulfilled all the
7 obligations delineated in this Act.
8     All meetings of the Committee are subject to the provisions
9 of the Open Meetings Act.
10     All proceedings of the Committee and documents produced by
11 the Committee are subject to the provisions of the Freedom of
12 Information Act.
13     The Committee shall draft and submit to the General
14 Assembly a model implementation statute and a report outlining
15 all the issues raised by the implementation by no later than
16 December 31, 2008 or within 90 days after the effective date of
17 this Act, whichever is later.
18     The Office of the Lieutenant Governor shall provide staff
19 and administrative support to the Committee.
 
20     Section 90. The Department of Veterans Affairs Act is
21 amended by adding Section 30 as follows:
 
22     (20 ILCS 2805/30 new)
23     Sec. 30. Task Force on Servicemember and Veterans
24 Education.

 

 

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1     (a) The Task Force on Servicemember and Veterans Education
2 is created. The Task Force shall be chaired by the Lieutenant
3 Governor and shall consist of the following members:
4         (1) one member appointed by the Governor;
5         (2) one member appointed by the President of the
6     Senate;
7         (3) one member appointed by the Senate Minority Leader;
8         (4) one member appointed by the Speaker of the House of
9     Representatives;
10         (5) one member appointed by the House Minority Leader;
11         (6) one member appointed by the Director of Veterans'
12     Affairs; and
13         (7) one member designated by the Department of Military
14     Affairs, appointed by the Adjutant General.
15 Vacancies in the Task Force shall be filled by the initial
16 appointing authority. Task Force members shall serve without
17 compensation, but may be reimbursed from appropriations
18 available for that purpose for necessary expenses incurred in
19 performing duties associated with the Task Force.
20     Within 60 days after the effective date of this amendatory
21 Act of the 95th General Assembly, the Task Force must issue a
22 report to the General Assembly, including draft legislative
23 language and draft administrative rules, designed to do the
24 following:
25         (1) assist public universities and community colleges
26     throughout the State in developing an Internet-based

 

 

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1     curriculum of higher education courses for credit,
2     tailored specifically to the needs of active duty
3     servicemembers and veterans of the United States Armed
4     Forces, with a particular emphasis on addressing the unique
5     needs of servicemembers who are stationed abroad; and
6         (2) create on-campus veterans' centers at each public
7     university and community college within the State to assist
8     veterans in applying for financial aid and other benefits
9     that may be available to them; on-campus centers shall be
10     staffed by veterans and those intimately familiar with the
11     needs and concerns of veterans.
 
12     Section 95. The Unemployment Insurance Act is amended by
13 changing Section 601 as follows:
 
14     (820 ILCS 405/601)  (from Ch. 48, par. 431)
15     Sec. 601. Voluntary leaving.
16      A. An individual shall be ineligible for benefits for the
17 week in which he has left work voluntarily without good cause
18 attributable to the employing unit and, thereafter, until he
19 has become reemployed and has had earnings equal to or in
20 excess of his current weekly benefit amount in each of four
21 calendar weeks which are either for services in employment, or
22 have been or will be reported pursuant to the provisions of the
23 Federal Insurance Contributions Act by each employing unit for
24 which such services are performed and which submits a statement

 

 

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1 certifying to that fact.
2     B. The provisions of this Section shall not apply to an
3 individual who has left work voluntarily:
4         1. Because he is deemed physically unable to perform
5     his work by a licensed and practicing physician, or has
6     left work voluntarily upon the advice of a licensed and
7     practicing physician that assistance is necessary for the
8     purpose of caring for his spouse, child, or parent who is
9     in poor physical health and such assistance will not allow
10     him to perform the usual and customary duties of his
11     employment, and he has notified the employing unit of the
12     reasons for his absence;
13         2. To accept other bona fide work and, after such
14     acceptance, the individual is either not unemployed in each
15     of 2 weeks, or earns remuneration for such work equal to at
16     least twice his current weekly benefit amount;
17         3. In lieu of accepting a transfer to other work
18     offered to the individual by the employing unit under the
19     terms of a collective bargaining agreement or pursuant to
20     an established employer plan, program, or policy, if the
21     acceptance of such other work by the individual would
22     require the separation from that work of another individual
23     currently performing it;
24         4. Solely because of the sexual harassment of the
25     individual by another employee. Sexual harassment means
26     (1) unwelcome sexual advances, requests for sexual favors,

 

 

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1     sexually motivated physical contact or other conduct or
2     communication which is made a term or condition of the
3     employment or (2) the employee's submission to or rejection
4     of such conduct or communication which is the basis for
5     decisions affecting employment, or (3) when such conduct or
6     communication has the purpose or effect of substantially
7     interfering with an individual's work performance or
8     creating an intimidating, hostile, or offensive working
9     environment and the employer knows or should know of the
10     existence of the harassment and fails to take timely and
11     appropriate action;
12         5. Which he had accepted after separation from other
13     work, and the work which he left voluntarily would be
14     deemed unsuitable under the provisions of Section 603;
15         6. (a) Because the individual left work due to
16     circumstances resulting from the individual being a victim
17     of domestic violence as defined in Section 103 of the
18     Illinois Domestic Violence Act of 1986; and provided, such
19     individual has made reasonable efforts to preserve the
20     employment.
21         For the purposes of this paragraph 6, the individual
22     shall be treated as being a victim of domestic violence if
23     the individual provides the following:
24             (i) written notice to the employing unit of the
25         reason for the individual's voluntarily leaving; and
26             (ii) to the Department provides:

 

 

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1                 (A) an order of protection or other
2             documentation of equitable relief issued by a
3             court of competent jurisdiction; or
4                 (B) a police report or criminal charges
5             documenting the domestic violence; or
6                 (C) medical documentation of the domestic
7             violence; or
8                 (D) evidence of domestic violence from a
9             counselor, social worker, health worker or
10             domestic violence shelter worker.
11         (b) If the individual does not meet the provisions of
12     subparagraph (a), the individual shall be held to have
13     voluntarily terminated employment for the purpose of
14     determining the individual's eligibility for benefits
15     pursuant to subsection A.
16         (c) Notwithstanding any other provision to the
17     contrary, evidence of domestic violence experienced by an
18     individual, including the individual's statement and
19     corroborating evidence, shall not be disclosed by the
20     Department unless consent for disclosure is given by the
21     individual.
22         7. Because the individual left employment to accompany
23     a spouse who has been reassigned from one military
24     assignment to another. The employer's account, however,
25     shall not be charged for any benefits paid out to the
26     individual who leaves to accompany a spouse reassigned from

 

 

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1     one military assignment to another.
2 (Source: P.A. 93-634, eff. 1-1-04.)
 
3     Section 99. Effective date. This Act takes effect upon
4 becoming law.