Public Act 093-0822
 
HB4372 Enrolled LRB093 19456 DRJ 46681 b

    AN ACT concerning military service.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Service Men's Employment Tenure Act is
amended by changing Sections 3, 5.1, and 5.2 as follows:
 
    (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 foregoing definitions shall apply both to voluntary
enlistment and to induction into service by draft or
conscription.
    The term "political subdivision", as used in this Act,
means any unit of local government or school district.
(Source: P.A. 88-518.)
 
    (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. 88-518.)
 
    (330 ILCS 60/5.2)
    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,
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.
(Source: P.A. 88-518.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/28/2004