Full Text of SB3547 100th General Assembly
SB3547sam002 100TH GENERAL ASSEMBLY | Sen. Thomas Cullerton Filed: 4/20/2018
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| 1 | | AMENDMENT TO SENATE BILL 3547
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3547, AS AMENDED, | 3 | | by replacing the preamble with the following: | 4 | | "WHEREAS, The persistent use of the reserve components as | 5 | | an operational force in continuous support of active duty has | 6 | | reinforced the need for robust service member employment | 7 | | protections; and | 8 | | WHEREAS, Extreme weather events require State activations | 9 | | of the National Guard to save lives and protect property; and | 10 | | WHEREAS, Terror threats require increased dependency on | 11 | | reserve components; and | 12 | | WHEREAS, The Uniformed Services Employment and | 13 | | Reemployment Rights Act (38 U.S.C. 4301-4335) establishes the | 14 | | minimal legal protections of service member employees; and |
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| 1 | | WHEREAS, This Act is meant to consolidate and clarify | 2 | | existing State employment rights and protections; therefore"; | 3 | | and | 4 | | by replacing everything after the enacting clause with the | 5 | | following:
| 6 | | "Article 1. General Provisions. | 7 | | Section 1-1. Short title; references to Act. | 8 | | (a) Short title. This Act may be cited as the Service | 9 | | Member Employment and Reemployment Rights Act. | 10 | | (b) References to Act. This Act may be referred to as | 11 | | ISERRA. | 12 | | Section 1-5. Legislative intent. As a guide to the | 13 | | interpretation and application of this Act, the public policy | 14 | | of the State is declared as follows: | 15 | | (1) The General Assembly recognizes the common public | 16 | | interest in safeguarding and promoting military service | 17 | | by: | 18 | | (A) minimizing disadvantages to military service | 19 | | in civilian careers; | 20 | | (B) providing for prompt reemployment and | 21 | | protections of service members in a manner that | 22 | | minimizes disruption to the lives of such employees, |
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| 1 | | their employers, and co-workers; | 2 | | (C) prohibiting discrimination against and | 3 | | interference with military service; and | 4 | | (D) ensuring that public entities are model | 5 | | employers of reserve components by providing | 6 | | additional benefits. | 7 | | (2) This law should be interpreted as comprising a | 8 | | foundation of protections guaranteed by this Act; | 9 | | therefore, nothing in this Act shall supersede, nullify, or | 10 | | diminish any federal or State law, including any local law | 11 | | or ordinance, contract, agreement, policy, plan, practice, | 12 | | or other matter that establishes a right or benefit that is | 13 | | more beneficial to, or is in addition to, a right or | 14 | | benefit provided for in this Act. The benefits and | 15 | | protections under this Act cannot be diminished. | 16 | | (3) This Act shall be liberally construed so as to | 17 | | effectuate the purposes and provisions of this Act for the | 18 | | benefit of the service member who has set aside civilian | 19 | | pursuits to serve his or her country or this State in a | 20 | | time of need. Such sacrifice benefits everyone but is made | 21 | | by relatively few. | 22 | | Section 1-10. Definitions. As used in this Act: | 23 | | "Accrue" means to accumulate in regular or increasing | 24 | | amounts over time subject to customary allocation of cost. | 25 | | "Active duty" means any full-time military service |
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| 1 | | regardless of length or voluntariness including, but not | 2 | | limited to, annual training, full-time National Guard duty, and | 3 | | State active duty. "Active Duty" does not include any form of | 4 | | inactive duty service such as drill duty or muster duty. | 5 | | "Active duty", unless provided otherwise, includes active duty | 6 | | without pay. | 7 | | "Active service" means all forms of active and inactive | 8 | | duty regardless of voluntariness including, but not limited to, | 9 | | annual training, active duty for training, initial active duty | 10 | | training, overseas training duty, full-time National Guard | 11 | | duty, active duty other than training, state active duty, | 12 | | mobilizations, and muster duty. "Active service", unless | 13 | | provided otherwise, includes active service without pay. | 14 | | "Active service" includes: | 15 | | (1) Reserve component voluntary active service means | 16 | | service under one of the following authorities; | 17 | | (A) Any duty under 32 U.S.C. 502(f)(1)(B); | 18 | | (B) active guard reserve duty, operational | 19 | | support, or additional duty under 10 U.S.C. 12301(d) or | 20 | | 32 U.S.C. 502(f)(1)(B); | 21 | | (C) funeral honors under 10 U.S.C. 12503 or 32 | 22 | | U.S.C. 115; | 23 | | (D) duty at the National Guard Bureau under 10 | 24 | | U.S.C. 12402; | 25 | | (E) unsatisfactory participation under 10 U.S.C. | 26 | | 10148 or 10 U.S.C. 12303; |
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| 1 | | (F) disciplinary under 10 U.S.C. 802(d); | 2 | | (G) extended active duty under 10 U.S.C. 12311; and | 3 | | (H) reserve program administrator under 10 U.S.C. | 4 | | 10211. | 5 | | (2) Reserve component involuntary active service | 6 | | includes, but is not limited to, service under one of the | 7 | | following authorities; | 8 | | (A) annual training or drill requirements under 10 | 9 | | U.S.C. 10147, 10 U.S.C. 12301(b) or 32 U.S.C. 502(a). | 10 | | (B) additional training duty or other duty under 32 | 11 | | U.S.C. 502(f)(1)(A); | 12 | | (C) pre-planned or pre-programmed combatant | 13 | | commander support under 10 U.S.C. 12304b; | 14 | | (D) mobilization under 10 U.S.C. 12301(a) or 10 | 15 | | U.S.C. 12302; | 16 | | (E) presidential reserve call-up under 10 U.S.C. | 17 | | 12304; | 18 | | (F) emergencies and natural disasters under 10 | 19 | | U.S.C. 12304a or 14 U.S.C. 712; | 20 | | (G) muster duty under 10 U.S.C. 12319; | 21 | | (H) retiree recall under 10 U.S.C. 688; | 22 | | (I) captive status under 10 U.S.C. 12301(g); | 23 | | (J) insurrection under 10 U.S.C. 331, U.S.C. 332, | 24 | | or 10 U.S.C. 12406; | 25 | | (K) pending line of duty determination for | 26 | | response to sexual assault under 10 U.S.C.12323; and |
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| 1 | | (L) initial active duty for training under 10 | 2 | | U.S.C. 671. | 3 | | Reserve component active service not listed in paragraph | 4 | | (1) or (2) shall be considered involuntary active service under | 5 | | paragraph (2). | 6 | | "Active service without pay" means active service | 7 | | performed under any authority in which base pay is not received | 8 | | regardless of other allowances. | 9 | | "Annual training" means any active duty performed under | 10 | | Section 10147 or 12301(b) of Title 10 of the United States Code | 11 | | or under Section 502(a) of Title 32 of the United States Code. | 12 | | "Base pay" means the main component of military pay, | 13 | | whether active or inactive, based on rank and time in service. | 14 | | It does not include the addition of conditional funds for | 15 | | specific purposes such as allowances, incentive and special | 16 | | pay. Base pay, also known as basic pay, can be determined by | 17 | | referencing the appropriate military pay chart covering the | 18 | | time period in question located on the federal Defense Finance | 19 | | and Accounting Services website or as reflected on a federal | 20 | | Military Leave and Earnings Statement. | 21 | | "Benefits" includes, but is not limited to, the terms, | 22 | | conditions, or privileges of employment, including any | 23 | | advantage, profit, privilege, gain, status, account, or | 24 | | interest, including wages or salary for work performed, that | 25 | | accrues by reason of an employment contract or agreement or an | 26 | | employer policy, plan, or practice and includes rights and |
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| 1 | | benefits under a pension plan, a health plan, an employee stock | 2 | | ownership plan, insurance coverage and awards, bonuses, | 3 | | severance pay, supplemental unemployment benefits, vacations, | 4 | | and the opportunity to select work hours or location of | 5 | | employment. | 6 | | "Differential compensation" means pay due when the | 7 | | employee's daily rate of compensation for military service is | 8 | | less than his or her daily rate of compensation as a public | 9 | | employee. | 10 | | "Employee" means anyone employed by an employer. | 11 | | "Employee" includes any person who is a citizen, national, or | 12 | | permanent resident alien of the United States employed in a | 13 | | workplace that the State has legal authority to regulate | 14 | | business and employment. "Employee" does not include an | 15 | | independent contractor. | 16 | | "Employer" means any person, institution, organization, or | 17 | | other entity that pays salary or wages for work performed or | 18 | | that has control over employment opportunities, including: | 19 | | (1) a person, institution, organization, or other | 20 | | entity to whom the employer has delegated the performance | 21 | | of employment-related responsibilities; | 22 | | (2) an employer of a public employee; | 23 | | (3) any successor in interest to a person, institution, | 24 | | organization, or other entity referred to under this | 25 | | definition; and | 26 | | (4) a person, institution, organization, or other |
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| 1 | | entity that has been denied initial employment in violation | 2 | | of Section 5-15. | 3 | | "Inactive duty" means inactive duty training, including | 4 | | drills, consisting of regularly scheduled unit training | 5 | | assemblies, additional training assemblies, periods of | 6 | | appropriate duty or equivalent training, and any special | 7 | | additional duties authorized for reserve component personnel | 8 | | by appropriate military authority. "Inactive duty" does not | 9 | | include active duty. | 10 | | "Military leave" means a furlough or leave of absence while | 11 | | performing active service. It cannot be substituted for accrued | 12 | | vacation, annual, or similar leave with pay except at the sole | 13 | | discretion of the service member employee. It is not a benefit | 14 | | of employment that is requested but a legal requirement upon | 15 | | receiving notice of pending military service. | 16 | | "Military service" means: | 17 | | (1) Service in the Armed Forces of the United States, | 18 | | the National Guard of any State or Territory regardless of | 19 | | status, and the State Guard as defined in the State Guard | 20 | | Act. "Military service", whether active or reserve, | 21 | | includes service under the authority of U.S.C. Titles 10, | 22 | | 14, or 32, or State active duty. | 23 | | (2) Service in a federally recognized auxiliary of the | 24 | | United States Armed Forces when performing official duties | 25 | | in support of military or civilian authorities as a result | 26 | | of an emergency. |
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| 1 | | (3) A period for which an employee is absent from a | 2 | | position of employment for the purpose of medical or dental | 3 | | treatment for a condition, illness, or injury sustained or | 4 | | aggravated during a period of active service in which | 5 | | treatment is paid by the United States Department of | 6 | | Defense Military Health System. | 7 | | "Public employee" means any person classified as a | 8 | | full-time employee of the State of Illinois, a unit of local | 9 | | government, a public institution of higher education as defined | 10 | | in Section 1 of the Board of Higher Education Act, or a school | 11 | | district, other than an independent contractor. | 12 | | "Reserve component" means the reserve components of | 13 | | Illinois and the United States Armed Forces regardless of | 14 | | status. | 15 | | "Service member" means any person who is a member of a | 16 | | military service. | 17 | | "State active duty" means full-time State-funded military | 18 | | duty under the command and control of the Governor and subject | 19 | | to the Military Code of Illinois. | 20 | | "Unit of local government" means any city, village, town, | 21 | | county, or special district. | 22 | | Section 1-15. Differential compensation. | 23 | | (a) As used in this Section, "work days" are the actual | 24 | | number of days the employee would have worked during the period | 25 | | of military leave but for the service member's military |
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| 1 | | obligation. "Work days" are tabulated without regard for the | 2 | | number of hours in a work day. Work hours that extend into the | 3 | | next calendar day count as 2 work days. | 4 | | (b) Differential compensation under this Act is calculated | 5 | | on a daily basis and only applies to days in which the employee | 6 | | would have otherwise been scheduled or required to work as a | 7 | | public employee. Differential compensation shall be paid to all | 8 | | forms of active service except active service without pay. | 9 | | Differential compensation is calculated as follows: | 10 | | (1) To calculate differential compensation, subtract | 11 | | the daily rate of compensation for military service from | 12 | | the daily rate of compensation as a public employee. | 13 | | (2) To calculate the daily rate of compensation as a | 14 | | public employee, divide the employee's regular | 15 | | compensation as a public employee during the pay period by | 16 | | the number of work days in the pay period. | 17 | | (3) To calculate the rate of compensation for military | 18 | | activities, divide the employee's base pay for the | 19 | | applicable military service by the number of calendar days | 20 | | in the month the service member was paid by the military. | 21 | | Section 1-20. Independent contractors. Whether an | 22 | | individual is an employee or independent contractor under this | 23 | | Act is determined based on the following factors: | 24 | | (1) the extent of the employer's right to control the | 25 | | manner in which the individual's work is to be performed; |
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| 1 | | (2) the opportunity for profit or loss that depends | 2 | | upon the individual's managerial skill; | 3 | | (3) any investment in equipment or materials required | 4 | | for the individual's tasks, or his or her employment of | 5 | | helpers; | 6 | | (4) whether the service the individual performs | 7 | | requires a special skill; | 8 | | (5) the degree of permanence of the individual's | 9 | | working relationship; and | 10 | | (6) whether the service the individual performs is an | 11 | | integral part of the employer's business. | 12 | | No single one of these factors is controlling, but all are | 13 | | relevant to determining whether an individual is an employee or | 14 | | an independent contractor. | 15 | | Article 5. Service Member Employment Protections. | 16 | | Section 5-5. Basic Protections. This Section incorporates | 17 | | Sections 4304, 4312, 4313, 4316, 4317, and 4318 of the | 18 | | Uniformed Services Employment and Reemployment Rights Act | 19 | | under Title 38 of the United States Code, as may be amended, | 20 | | including case law and regulations promulgated under that Act, | 21 | | subject to the following; | 22 | | (1) For the purposes of this Section, all employment | 23 | | rights shall be extended to all employees in military | 24 | | service under this Act, unless otherwise stated. |
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| 1 | | (2) Military leave. A service member employee is not | 2 | | required to get permission from his or her employer for | 3 | | military leave. The service member employee is only | 4 | | required to give such employer advance notice of pending | 5 | | service. This advance notice entitles a service member | 6 | | employee to military leave. | 7 | | An employer may not impose conditions for military | 8 | | leave, such as work shift replacement, not otherwise | 9 | | imposed by this Act or other applicable law. | 10 | | A service member employee is not required to | 11 | | accommodate his or her employer's needs as to the timing, | 12 | | frequency, or duration of military leave; however, | 13 | | employers are permitted to bring concerns over the timing, | 14 | | frequency, or duration of military leave to the attention | 15 | | of the appropriate military authority. The accommodation | 16 | | of these requests are subject to military law and | 17 | | discretion. | 18 | | Military necessity as an exception to advance notice of | 19 | | pending military leave for state active duty will be | 20 | | determined by appropriate State military authority and is | 21 | | not subject to judicial review. | 22 | | For purposes of notice of pending military service | 23 | | under paragraphs (2) or (3) of the definition of "military | 24 | | service" under Section 1-10, an employer may require notice | 25 | | by appropriate military authority on official letterhead. | 26 | | For purposes of this paragraph, notice exceptions do not |
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| 1 | | apply. | 2 | | (3) Service, efficiency, and performance rating. A | 3 | | service member employee who is absent on military leave | 4 | | shall, minimally, for the period of military leave, be | 5 | | credited with the average of the efficiency or performance | 6 | | ratings or evaluations received for the 3 years immediately | 7 | | before the absence for military leave. Additionally, the | 8 | | rating shall not be less than the rating that he or she | 9 | | received for the rated period immediately prior to his or | 10 | | her absence on military leave. In computing seniority and | 11 | | service requirements for promotion eligibility or any | 12 | | other benefit of employment, the period of military duty | 13 | | shall be counted as civilian service. | 14 | | (4) State active duty ineligible discharge. For | 15 | | purposes of State active duty, a disqualifying discharge or | 16 | | separation will be the State equivalent under the Military | 17 | | Code of Illinois for purposes of ineligibility of | 18 | | reemployment under the Uniformed Services Employment and | 19 | | Reemployment Rights Act as determined by appropriate State | 20 | | military authority. | 21 | | (5) A retroactive upgrade of a disqualifying discharge | 22 | | or release will restore reemployment rights providing the | 23 | | service member employee otherwise meets this Acts | 24 | | eligibility criteria. | 25 | | Section 5-10. Additional benefits for public employee |
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| 1 | | members of a reserve component. | 2 | | (a) Concurrent compensation. During periods of military | 3 | | leave for annual training, public employees shall continue to | 4 | | receive full compensation as a public employee for up to 30 | 5 | | days per calendar year and military leave for purposes of | 6 | | receiving concurrent compensation may be performed | 7 | | nonsynchronously. | 8 | | (b) Differential Compensation. During periods of military | 9 | | leave for active service, public employees shall receive | 10 | | differential compensation subject to the following: | 11 | | (1) Public employees may elect the use of accrued | 12 | | vacation, annual, or similar leave with pay in lieu of | 13 | | differential compensation during any period of military | 14 | | leave. | 15 | | (2) Differential compensation for voluntary active | 16 | | service under Section 1-10 is limited to 60 work days in a | 17 | | calendar year. | 18 | | (3) Differential compensation shall not be paid for | 19 | | active service without pay. | 20 | | (4) Public employees who have exhausted concurrent | 21 | | compensation under subsection (a) of Section 5-10 in a | 22 | | calendar year shall receive differential compensation when | 23 | | authorized under subsection (b) of Section 5-10 in the same | 24 | | calendar year. | 25 | | (c) Employer-based health plan benefits shall continue in | 26 | | accordance with Section 5-5 of this Act, except the employer's |
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| 1 | | share of the full premium and administrative costs shall | 2 | | continue to be paid by the employer for active duty beyond 30 | 3 | | days. | 4 | | (d) In the event that 20% or more employees of a unit of | 5 | | local government are mobilized under 10 U.S.C. 12301(a), 10 | 6 | | U.S.C. 12302, 10 U.S.C. 12304, or 10 U.S.C. 12304a, or 14 | 7 | | U.S.C. 712 concurrently, additional benefits under this | 8 | | Section are not required without funding for that purpose. | 9 | | Section 5-15. Prohibitions on Discrimination. For the | 10 | | purposes of this Section, Section 4311 of the federal Uniformed | 11 | | Services Employment and Reemployment Rights Act entitled | 12 | | Discrimination Against Persons Who Serve in the Uniformed | 13 | | Services and Acts of Reprisal Prohibited and the regulations | 14 | | promulgated under that Act are incorporated. | 15 | | Section 5-20. Notice of rights and duties | 16 | | (a) Each employer shall provide to employees entitled to | 17 | | rights and benefits under this Act a notice of the rights, | 18 | | benefits, and obligations of service member employees under | 19 | | this Act. | 20 | | (b) The requirement for the provision of notice under this | 21 | | Act may be met by the posting of the notice where the | 22 | | employer's customarily place notices for employees. | 23 | | Article 10. Violations. |
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| 1 | | Section 10-5. Violations. Any violation of Article 5 is a | 2 | | violation of this Act. | 3 | | Article 15. Compliance. | 4 | | Section 15-5. Private right enforcement. A service member | 5 | | may bring a private civil action for enforcement of a violation | 6 | | of this Act. A violation of Section 5-20 may not be a sole | 7 | | basis for a civil action under this Act | 8 | | Section 15-10. Circuit court actions by the Attorney | 9 | | General. | 10 | | (a) If the Attorney General has reasonable cause to believe | 11 | | that any employer is engaged in a violation of this Act, then | 12 | | the Attorney General may commence a civil action in the name of | 13 | | the People of the State, as parens patriae on behalf of persons | 14 | | within the State to enforce the provisions of this Act in any | 15 | | appropriate circuit court. | 16 | | (b) Prior to initiating a civil action, the Attorney | 17 | | General shall conduct a preliminary investigation to determine | 18 | | whether there is reasonable cause to believe that any employer | 19 | | is engaged in a violation of this Act and whether the dispute | 20 | | can be resolved without litigation. In conducting this | 21 | | investigation, the Attorney General may: | 22 | | (1) require the individual or entity to file a |
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| 1 | | statement or report in writing under oath or otherwise, as | 2 | | to all information the Attorney General may consider | 3 | | necessary; | 4 | | (2) examine under oath any person alleged to have | 5 | | participated in or with knowledge of the alleged violation; | 6 | | or | 7 | | (3) issue subpoenas or conduct hearings in aid of any | 8 | | investigation. | 9 | | (c) Service by the Attorney General of any notice requiring | 10 | | a person to file a statement or report, or of a subpoena upon | 11 | | any person, shall be made: | 12 | | (1) personally by delivery of a duly executed copy | 13 | | thereof to the person to be served or, if a person is not a | 14 | | natural person, in the manner provided by the Civil | 15 | | Procedure law when a complaint is filed; or | 16 | | (2) by mailing by certified mail a duly executed copy | 17 | | thereof to the person to be served at his last known abode | 18 | | or principal place of business within this State. | 19 | | (d) In lieu of a civil action, the individual or entity | 20 | | alleged to have violated this Act may enter into an Assurance | 21 | | of Voluntary Compliance with respect to the alleged violation. | 22 | | (e) Whenever any person fails to comply with any subpoena | 23 | | issued under this Section or whenever satisfactory copying or | 24 | | reproduction of any material requested in an investigation | 25 | | cannot be done and the person refuses to surrender the | 26 | | material, the Attorney General may file in any appropriate |
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| 1 | | circuit court, and serve upon the person, a petition for a | 2 | | court order for the enforcement of the subpoena or other | 3 | | request. | 4 | | Any person who has received a subpoena issued under | 5 | | subsection (b) may file in the appropriate circuit court, and | 6 | | serve upon the Attorney General, a petition for a court order | 7 | | to modify or set aside the subpoena or other request. The | 8 | | petition must be filed either: (1) within 20 days after the | 9 | | date of service of the subpoena or at any time before the | 10 | | return date specified in the subpoena, whichever date is | 11 | | earlier, or (2) within a longer period as may be prescribed in | 12 | | writing by the Attorney General. | 13 | | The petition shall specify each ground upon which the | 14 | | petitioner relies in seeking relief under this subsection and | 15 | | may be based upon any failure of the subpoena to comply with | 16 | | the provisions of this Section or upon any constitutional or | 17 | | other legal right or privilege of the petitioner. During the | 18 | | pendency of the petition in the court, the court may stay, as | 19 | | it deems proper, the running of the time allowed for compliance | 20 | | with the subpoena or other request, in whole or in part, except | 21 | | that the petitioner shall comply with any portion of the | 22 | | subpoena or other request not sought to be modified or set | 23 | | aside. | 24 | | Section 15-20. Remedies. | 25 | | (a) A court in its discretion may award actual damages or |
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| 1 | | any other relief that the court deems proper. | 2 | | Punitive damages are not authorized except in cases | 3 | | involving violations under Section 5-15 and may not exceed | 4 | | $50,000 per violation. | 5 | | Reasonable attorney's fees may be awarded to the prevailing | 6 | | party, however, prevailing defendants may only receive | 7 | | attorney's fees if the court makes a finding that the plaintiff | 8 | | acted in bad faith. | 9 | | (b) The Attorney General may bring an action in the name of | 10 | | the People of the State against any employer to restrain by | 11 | | preliminary or permanent injunction the use of any practice | 12 | | that violates this Act. In such an action, the court may award | 13 | | restitution to a service member. In addition, the court may | 14 | | assess a civil penalty not to exceed $5,000 per violation of | 15 | | this Act. | 16 | | If a court orders a party to make payments to the Attorney | 17 | | General and the payments are to be used for the operations of | 18 | | the Office of the Attorney General or a party agrees, in an | 19 | | Assurance of Voluntary Compliance under this Act, to make | 20 | | payment to the Attorney General for the operations of the | 21 | | Office of the Attorney General, then moneys shall be deposited | 22 | | into the Attorney General Court Ordered and Voluntary | 23 | | Compliance Payment Projects Fund. Moneys in the Fund shall be | 24 | | used, subject to appropriation, for the performance of any | 25 | | function pertaining to the exercise of the duties of the | 26 | | Attorney General including, but not limited to, enforcement of |
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| 1 | | any law of this State and conducting public education programs; | 2 | | however, any moneys in the Fund that are required by the court | 3 | | or by an agreement to be used for a particular purpose shall be | 4 | | used for that purpose. | 5 | | In any action brought under the provisions of this Act, the | 6 | | Attorney General is entitled to recover costs. | 7 | | Article 20. Home Rule. | 8 | | Section 20-5. Home Rule. A home rule unit may not regulate | 9 | | its employees in a manner that is inconsistent with the | 10 | | regulation of employees by the State under this Act. This | 11 | | Section is a limitation under subsection (i) of Section 6 of | 12 | | Article VII of the Illinois Constitution on the concurrent | 13 | | exercise by home rule units of powers and functions exercised | 14 | | by the State. | 15 | | Article 25. Statute of Limitations. | 16 | | Section 25-5. Inapplicability of Statute of Limitations. | 17 | | No statute of limitations applies to any private right or | 18 | | Attorney General action under this Act. | 19 | | Article 30. Illinois Service Member Employment and | 20 | | Reemployment Rights Act Advocate. |
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| 1 | | Section 30-5. ISERRA Advocate. | 2 | | (a) The Attorney General shall appoint an Illinois Service | 3 | | Member Employment and Reemployment Rights Act Advocate and | 4 | | provide staff as are deemed necessary by the Attorney General | 5 | | for the Advocate. The ISERRA Advocate shall be an attorney | 6 | | licensed to practice in Illinois. | 7 | | (b) Through the ISERRA Advocate, the Attorney General shall | 8 | | have the power: | 9 | | (1) to establish and make available a program to | 10 | | provide training to employers and service members; | 11 | | (2) to prepare and make available interpretative and | 12 | | educational materials and programs; | 13 | | (3) to respond to informal inquiries made by members of | 14 | | the public and public bodies; | 15 | | (4) to prepare and make available required Service | 16 | | Member Employment & Reemployment Rights Act notice to | 17 | | employers; | 18 | | (5) to investigate allegations of violations of this | 19 | | Act on behalf of the Attorney General; and | 20 | | (6) to prepare an annual report on this Act for the | 21 | | Attorney General. | 22 | | Article 35. Rulemaking. | 23 | | Section 35-5. Rules. To accomplish the objectives and to | 24 | | carry out the duties prescribed by this Act, the Attorney |
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| 1 | | General may adopt the rules necessary to implement this Act. | 2 | | Article 40. Coverage Under Special Circumstances. | 3 | | Section 40-5. Governor's election. In a time of national or | 4 | | State emergency, the Governor has the authority to designate | 5 | | any category of persons as entitled to protections under this | 6 | | Act. | 7 | | Article 90. Amendatory Provisions. | 8 | | (5 ILCS 325/Act rep.) | 9 | | Section 90-5. The Military Leave of Absence Act is | 10 | | repealed.
| 11 | | (5 ILCS 330/Act rep.)
| 12 | | Section 90-10. The Public Employee Armed Services Rights | 13 | | Act is repealed. | 14 | | Section 90-15. The Military Code of Illinois is amended by | 15 | | changing the heading of Article V-A as follows:
| 16 | | (20 ILCS 1805/Art. V-A heading) | 17 | | ARTICLE V-A. NATIONAL GUARD SUPPLEMENTAL EMPLOYMENT RIGHTS
| 18 | | (20 ILCS 1805/22-10 rep.)
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| 1 | | (20 ILCS 1805/30.1 rep.)
| 2 | | (20 ILCS 1805/30.5 rep.)
| 3 | | (20 ILCS 1805/30.10 rep.)
| 4 | | (20 ILCS 1805/30.20 rep.)
| 5 | | (20 ILCS 1805/30.15 rep.)
| 6 | | Section 90-20. The Military Code of Illinois is amended by | 7 | | repealing Sections 22-10, 30.1, 30.5, 30.10, 30.20, and 30.15.
| 8 | | (20 ILCS 1815/79 rep.)
| 9 | | Section 90-25. The State Guard Act is amended by repealing | 10 | | Section 79.
| 11 | | (50 ILCS 120/Act rep.)
| 12 | | Section 90-30. The Municipal Employees Military Active | 13 | | Duty Act is repealed.
| 14 | | (50 ILCS 140/Act rep.)
| 15 | | Section 90-35. The Local Government Employees Benefits | 16 | | Continuation
Act is repealed. | 17 | | Section 90-40. The Metropolitan Transit Authority Act is | 18 | | amended by changing Section 29 as follows:
| 19 | | (70 ILCS 3605/29) (from Ch. 111 2/3, par. 329)
| 20 | | Sec. 29. If the Authority acquires a transportation system | 21 | | in operation by
a public utility, all of the employees in the |
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| 1 | | operating and maintenance
divisions of such public utility and | 2 | | all other employees except executive
and administrative | 3 | | officers and employees, shall be transferred to and
appointed | 4 | | as employees of the Authority, subject to all rights and | 5 | | benefits
of this Act, and these employees shall be given | 6 | | seniority credit in
accordance with the records and labor | 7 | | agreements of the public utility.
Employees who left the employ | 8 | | of such a public utility to enter the
military service of the | 9 | | United States shall have the same rights as to the
Authority, | 10 | | under the provisions of the Service Member Employment and | 11 | | Reemployment Rights Act Service Member's Employment Tenure
Act | 12 | | as they would have had thereunder as to
such public utility. | 13 | | After such acquisition the authority shall be required
to | 14 | | extend to such former employees of such public utility only the | 15 | | rights
and benefits as to pensions and retirement as are | 16 | | accorded other employees
of the Authority.
| 17 | | (Source: P.A. 93-828, eff. 7-28-04.)
| 18 | | Section 90-45. 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 facility, | 22 | | all of the
employees in such mass transit
facility shall be | 23 | | transferred to and appointed as employees
of the district, | 24 | | subject to all rights and benefits of this Act, and these
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| 1 | | employees shall be given seniority credit in accordance with | 2 | | the records
and labor agreements of the mass transit facility. | 3 | | Employees who left the
employ of such a mass transit facility | 4 | | to enter the military service of the
United States shall have | 5 | | the same rights as to the district, under the
provisions of the | 6 | | Service Member Employment and Reemployment Rights, Act Service | 7 | | Member's Employment Tenure Act as they would have had | 8 | | thereunder as to such mass transit facility.
After such | 9 | | acquisition the district shall be required to extend to such
| 10 | | former employees of such mass transit facility only the rights | 11 | | and benefits
as to pensions and retirement as are accorded | 12 | | other employees of the
district.
| 13 | | (Source: P.A. 93-590, eff. 1-1-04; 93-828, eff. 7-28-04.)
| 14 | | Section 90-50. The Service Member's Employment Tenure Act | 15 | | is amended by changing Sections 1, 2, and 3 as follows:
| 16 | | (330 ILCS 60/1) (from Ch. 126 1/2, par. 29)
| 17 | | Sec. 1. Short title.
This Act may be cited as the Service | 18 | | Member's Employment Tenure Act.
| 19 | | (Source: P.A. 93-828, eff. 7-28-04.)
| 20 | | (330 ILCS 60/2) (from Ch. 126 1/2, par. 30)
| 21 | | Sec. 2.
As a guide to the interpretation and application of | 22 | | this Act, the
public policy of the State is declared as | 23 | | follows:
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| 1 | | As a constituent commonwealth of the United States of | 2 | | America, the State
of Illinois is dedicated to the urgent task | 3 | | of strengthening and expediting
the national defense under the | 4 | | emergent conditions which are threatening
the peace and | 5 | | security of this nation. It is the considered judgment of the
| 6 | | General Assembly that the service members wage earners of | 7 | | Illinois who respond to their
country's call to service in this | 8 | | time of crisis, are deserving of every
protection of their | 9 | | employment status which the law may afford, and that
repetition | 10 | | of the regrettable experience existing after the great war of
| 11 | | 1917-1918, wherein returning service men were subjected to | 12 | | serious
discrimination with regard to tenure and other rights | 13 | | of employment , must
be avoided, since any form of economic | 14 | | discrimination against returning
service men is a serious | 15 | | menace to the entire social fabric of the United
States of | 16 | | America and the State of Illinois.
| 17 | | By safeguarding the employment and the rights and | 18 | | privileges inhering in
the employment contract, of service men, | 19 | | the State of Illinois encourages
its workers to participate to | 20 | | the fullest extent in the national defense
program and thereby | 21 | | heightens the contribution of our State to the
protection of | 22 | | our heritage of liberty and democracy.
| 23 | | (Source: Laws 1941, vol. 1, p. 1202 .)
| 24 | | (330 ILCS 60/3) (from Ch. 126 1/2, par. 31)
| 25 | | Sec. 3. Definitions. The term "persons in the military |
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| 1 | | service", as used
in this Act,
shall include the following | 2 | | persons and no others: All members of the Army
of the United | 3 | | States, the United States Navy, the Marine Corps, the Air
| 4 | | Force,
the Coast
Guard and all members of the State Militia | 5 | | called into the service or
training of the United States of | 6 | | America or of this State. The term
"military service", as
used | 7 | | in this Act, shall signify Federal service or active duty with | 8 | | any
branch of service heretofore referred to as well as | 9 | | training or education
under the supervision of the United | 10 | | States preliminary to induction into
the military service.
The | 11 | | term "military service" also includes any period of active duty | 12 | | with the
State of Illinois pursuant to the orders of the | 13 | | President of the United States or the Governor. The term | 14 | | "military service" also includes any period of active duty by | 15 | | members of the National Guard who are called to active duty | 16 | | pursuant to an order of the Governor of this State or an order | 17 | | of a governor of any other state as provided by law. The term | 18 | | "military service" also includes the full-time duties of the | 19 | | Adjutant General and Assistant Adjutants General under Section | 20 | | 17 of the Military Code of Illinois.
| 21 | | The foregoing definitions shall apply both to voluntary | 22 | | enlistment and
to induction into service by draft or | 23 | | conscription.
| 24 | | The term "political subdivision", as used in this Act, | 25 | | means any unit of
local government or school district.
| 26 | | (Source: P.A. 99-88, eff. 7-21-15; 99-557, eff. 1-1-17 .)
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| 1 | | (330 ILCS 60/4 rep.)
| 2 | | (330 ILCS 60/4.5 rep.)
| 3 | | (330 ILCS 60/5 rep.)
| 4 | | (330 ILCS 60/6 rep.)
| 5 | | (330 ILCS 60/7 rep.)
| 6 | | (330 ILCS 60/8 rep.) | 7 | | Section 90-55. The Service Member's Employment Tenure Act | 8 | | is amended by repealing Sections 4, 4.5, 5, 6, 7, and 8. | 9 | | Section 90-60. The Illinois Service Member Civil Relief Act | 10 | | is amended by changing Section 10 as follows: | 11 | | (330 ILCS 63/10)
| 12 | | Sec. 10. Definitions. In this Act: | 13 | | "Military service" means any full-time training or duty, no | 14 | | matter how described under federal or State law, for which a | 15 | | service member is ordered to report by the President, Governor | 16 | | of a state, commonwealth, or territory of the United States, or | 17 | | other appropriate military authority. | 18 | | "Primary occupant" means the current residential customer | 19 | | of record in whose name the utility company or electric | 20 | | cooperative account is registered. | 21 | | "Service member" means a resident of Illinois who is a | 22 | | member of any component of the U.S. Armed Forces or the | 23 | | National Guard of any state, the District of Columbia, a |
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| 1 | | commonwealth, or a territory of the United States. | 2 | | "State Active Duty" has the same meaning ascribed to that | 3 | | term in Section 1-10 of the Service Member Employment and | 4 | | Reemployment Rights Act 30.10 of the Military Code of Illinois . | 5 | | "Training or duty under Title 32 of the United States Code" | 6 | | has the same meaning ascribed to that term in Section 30.10 of | 7 | | the Military Code of Illinois.
| 8 | | (Source: P.A. 97-913, eff. 1-1-13.) | 9 | | Section 90-65. The Criminal Code of 2012 is amended by | 10 | | changing Section 17-6 as follows:
| 11 | | (720 ILCS 5/17-6) (from Ch. 38, par. 17-6)
| 12 | | Sec. 17-6. State benefits fraud. | 13 | | (a) A person commits State benefits fraud when he or she | 14 | | obtains or attempts
to obtain money or benefits from the State | 15 | | of Illinois, from any political
subdivision thereof, or from | 16 | | any program funded or administered in whole
or in part by the | 17 | | State of Illinois or any political subdivision thereof
through | 18 | | the knowing use of false identification documents or through | 19 | | the
knowing misrepresentation of his or her age, place of | 20 | | residence, number of dependents,
marital or family status, | 21 | | employment status, financial status, or any other
material fact | 22 | | upon which his eligibility for or degree of participation
in | 23 | | any benefit program might be based.
| 24 | | (b) Notwithstanding any provision of State law to the |
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| 1 | | contrary, every
application or other document submitted to an | 2 | | agency or department of the
State of Illinois or any political | 3 | | subdivision thereof to establish or determine
eligibility for | 4 | | money or benefits from the State of Illinois or from any
| 5 | | political subdivision thereof, or from any program funded or | 6 | | administered
in whole or in part by the State of Illinois or | 7 | | any political subdivision
thereof, shall be made available upon | 8 | | request to any law enforcement agency
for use in the | 9 | | investigation or prosecution of State benefits fraud or for
use | 10 | | in the investigation or prosecution of any other crime arising | 11 | | out of
the same transaction or occurrence. Except as otherwise | 12 | | permitted by law,
information disclosed pursuant to this | 13 | | subsection shall be used and disclosed
only for the purposes | 14 | | provided herein. The provisions of this Section shall
be | 15 | | operative only to the extent that they do not conflict with any | 16 | | federal
law or regulation governing federal grants to this | 17 | | State.
| 18 | | (c) Any employee of the State of Illinois or any agency or | 19 | | political subdivision
thereof may seize as evidence any false | 20 | | or fraudulent document presented
to him or her in connection | 21 | | with an application for or receipt of money or benefits
from | 22 | | the State of Illinois, from any political subdivision thereof, | 23 | | or from
any program funded or administered in whole or in part | 24 | | by the State of Illinois
or any political subdivision thereof.
| 25 | | (d) Sentence. | 26 | | (1) State benefits fraud is a Class 4 felony except when |
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| 1 | | more than $300
is obtained, in which case State benefits fraud | 2 | | is a Class 3 felony. | 3 | | (2) If a person knowingly misrepresents oneself as a | 4 | | veteran or as a dependent of a veteran with the intent of | 5 | | obtaining benefits or privileges provided by the State or its | 6 | | political subdivisions to veterans or their dependents, then | 7 | | State benefits fraud is a Class 3 felony when $300 or less is | 8 | | obtained and a Class 2 felony when more than $300 is obtained. | 9 | | For the purposes of this paragraph (2), benefits and privileges | 10 | | include, but are not limited to, those benefits and privileges | 11 | | available under the Veterans' Employment Act, the Viet Nam | 12 | | Veterans Compensation Act, the Prisoner of War Bonus Act, the | 13 | | War Bonus Extension Act, the Military Veterans Assistance Act, | 14 | | the Veterans' Employment Representative Act, the Veterans | 15 | | Preference Act, Service Member Employment and Reemployment | 16 | | Rights Act, the Service Member's Employment Tenure Act, the | 17 | | Housing for Veterans with Disabilities Act, the Under Age | 18 | | Veterans Benefits Act, the Survivors Compensation Act, the | 19 | | Children of Deceased Veterans Act, the Veterans Burial Places | 20 | | Act, the Higher Education Student Assistance Act, or any other | 21 | | loans, assistance in employment, monetary payments, or tax | 22 | | exemptions offered by the State or its political subdivisions | 23 | | for veterans or their dependents.
| 24 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 25 | | Section 90-70. The Illinois Human Rights Act is amended by |
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| 1 | | changing Section 6-102 as follows: | 2 | | (775 ILCS 5/6-102) | 3 | | Sec. 6-102. Violations of other Acts. A person who violates | 4 | | the Military Leave of Absence Act, the Public Employee Armed | 5 | | Services Rights Act, Section 11-117-12.2 of the Illinois | 6 | | Municipal Code, Section 224.05 of the Illinois Insurance Code, | 7 | | Section 8-201.5 of the Public Utilities Act, Sections 2-1401.1, | 8 | | 9-107.10, 9-107.11, and 15-1501.6 of the Code of Civil | 9 | | Procedure, Section 4.05 of the Interest Act, the Military | 10 | | Personnel Cellular Phone Contract Termination Act, Section | 11 | | 405-272 of the Civil Administrative Code of Illinois, Section | 12 | | 10-63 of the Illinois Administrative Procedure Act, Sections | 13 | | 30.25 and 30.30 of the Military Code of Illinois, Section 16 of | 14 | | the Landlord and Tenant Act, Section 26.5 of the Retail | 15 | | Installment Sales Act, or Section 37 of the Motor Vehicle | 16 | | Leasing Act commits a civil rights violation within the meaning | 17 | | of this Act.
| 18 | | (Source: P.A. 97-913, eff. 1-1-13.)".
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