(330 ILCS 60/1) (from Ch. 126 1/2, par. 29)
Sec. 1. Short title.
This Act may be cited as the Service Member's Tenure Act.
(Source: P.A. 100-1101, eff. 1-1-19.)
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(330 ILCS 60/2) (from Ch. 126 1/2, par. 30)
Sec. 2.
As a guide to the interpretation and application of this Act, the
public policy of the State is declared as follows:
As a constituent commonwealth of the United States of America, the State
of Illinois is dedicated to the urgent task of strengthening and expediting
the national defense under the emergent conditions which are threatening
the peace and security of this nation. It is the considered judgment of the
General Assembly that the service members of Illinois who respond to their
country's call to service in this time of crisis, are deserving of every
protection the law may afford, and that
repetition of the regrettable experience existing after the great war of
1917-1918, wherein returning service men were subjected to serious
discrimination with regard to tenure and other rights, must
be avoided, since any form of economic discrimination against returning
service men is a serious menace to the entire social fabric of the United
States of America and the State of Illinois.
(Source: P.A. 100-1101, eff. 1-1-19.)
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(330 ILCS 60/3) (from Ch. 126 1/2, par. 31)
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
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. The term "military service" also includes any period of active duty by members of the National Guard who are called to active duty pursuant to an order of the Governor of this State or an order of a governor of any other state as provided by law. The term "military service" also includes the full-time duties of the Adjutant General and Assistant Adjutants General under Section 17 of the Military Code of Illinois.
The foregoing definitions shall apply both to voluntary enlistment and
to induction into service by draft or conscription.
(Source: P.A. 99-88, eff. 7-21-15; 99-557, eff. 1-1-17; 100-1101, eff. 1-1-19.)
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(330 ILCS 60/4) (from Ch. 126 1/2, par. 32)
Sec. 4.
(Repealed).
(Source: P.A. 88-518. Repealed by P.A. 100-1101, eff. 1-1-19.)
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(330 ILCS 60/4.5) Sec. 4.5. (Repealed).
(Source: P.A. 94-162, eff. 7-11-05. Repealed by P.A. 100-1101, eff. 1-1-19.) |
(330 ILCS 60/5) (from Ch. 126 1/2, par. 33)
Sec. 5.
(Repealed).
(Source: P.A. 88-518. Repealed by P.A. 100-1101, eff. 1-1-19.)
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(330 ILCS 60/5.1)
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
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
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
written agreement entered into, or debt that is incurred, by the person during
or after his or her period
of military service.
(Source: P.A. 93-822, eff. 7-28-04.)
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(330 ILCS 60/5.2)
Sec. 5.2. School attendance and tuition. (a) 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 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,
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. A service member enrolled in an institution of higher learning who is unable, because of his or her military service, to attend classes on a particular day or days has the right to be excused and to reschedule a course examination administered on such day or days. The faculty and administrative officials shall make available to the service member an equivalent opportunity to make up any examination he or she has missed because of his or her military service. The rights
set forth in this Section 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.
(b) For the purposes of this Section: "Institution of higher learning" has the same meaning as in Section 10 of the Higher Education Student Assistance Act. "Military service" means any full-time training or duty, no matter how described under federal or State law, for which a service member is ordered to report by the President, Governor of a state, commonwealth, or territory of the United States, or other appropriate military authority. "Service member" means a resident of Illinois who is a member of any component of the U.S. Armed Forces or the National Guard of any state, the District of Columbia, a commonwealth, or a territory of the United States. (Source: P.A. 97-913, eff. 1-1-13.)
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(330 ILCS 60/6) (from Ch. 126 1/2, par. 34)
Sec. 6. (Repealed).
(Source: P.A. 97-580, eff. 8-26-11. Repealed by P.A. 100-1101, eff. 1-1-19.)
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(330 ILCS 60/7) (from Ch. 126 1/2, par. 35)
Sec. 7.
(Repealed).
(Source: Laws 1941, vol. 1, p. 1202. Repealed by P.A. 100-1101, eff. 1-1-19.)
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(330 ILCS 60/8) Sec. 8. (Repealed).
(Source: P.A. 97-580, eff. 8-26-11. Repealed by P.A. 100-1101, eff. 1-1-19.) |