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Public Act 100-1101


 

Public Act 1101 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-1101
 
SB3547 EnrolledLRB100 20872 MJP 36372 b

    AN ACT concerning service members.
 
    WHEREAS, The persistent use of the reserve components as an
operational force in continuous support of active duty has
reinforced the need for robust service member employment
protections; and
 
    WHEREAS, Extreme weather events require State activations
of the National Guard to save lives and protect property; and
 
    WHEREAS, Terror threats require increased dependency on
reserve components; and
 
    WHEREAS, The Uniformed Services Employment and
Reemployment Rights Act (38 U.S.C. 4301-4335) establishes the
minimal legal protections of service member employees; and
 
    WHEREAS, This Act is meant to consolidate and clarify
existing State employment rights and protections; therefore
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
Article 1. General Provisions.

 
    Section 1-1. Short title; references to Act.
    (a) Short title. This Act may be cited as the Service
Member Employment and Reemployment Rights Act.
    (b) References to Act. This Act may be referred to as
ISERRA.
 
    Section 1-5. Legislative intent. As a guide to the
interpretation and application of this Act, the public policy
of the State is declared as follows:
        (1) The General Assembly recognizes the common public
    interest in safeguarding and promoting military service
    by:
            (A) minimizing disadvantages to military service
        in civilian careers;
            (B) providing for prompt reemployment and
        protections of service members in a manner that
        minimizes disruption to the lives of such employees,
        their employers, and co-workers;
            (C) prohibiting discrimination against and
        interference with military service; and
            (D) ensuring that public entities are model
        employers of reserve components by providing
        additional benefits.
        (2) This law should be interpreted as comprising a
    foundation of protections guaranteed by this Act;
    therefore, nothing in this Act shall supersede, nullify, or
    diminish any federal or State law, including any local law
    or ordinance, contract, agreement, policy, plan, practice,
    or other matter that establishes a right or benefit that is
    more beneficial to, or is in addition to, a right or
    benefit provided for in this Act. The benefits and
    protections under this Act cannot be diminished.
        (3) This Act shall be liberally construed so as to
    effectuate the purposes and provisions of this Act for the
    benefit of the service member who has set aside civilian
    pursuits to serve his or her country or this State in a
    time of need. Such sacrifice benefits everyone but is made
    by relatively few.
        (4) The new service member benefits under this Act are
    in force on and after the effective date of this Act.
 
    Section 1-10. Definitions. As used in this Act:
    "Accrue" means to accumulate in regular or increasing
amounts over time subject to customary allocation of cost.
    "Active duty" means any full-time military service
regardless of length or voluntariness including, but not
limited to, annual training, full-time National Guard duty, and
State active duty. "Active duty" does not include any form of
inactive duty service such as drill duty or muster duty.
"Active duty", unless provided otherwise, includes active duty
without pay.
    "Active service" means all forms of active and inactive
duty regardless of voluntariness including, but not limited to,
annual training, active duty for training, initial active duty
training, overseas training duty, full-time National Guard
duty, active duty other than training, State active duty,
mobilizations, and muster duty. "Active service", unless
provided otherwise, includes active service without pay.
"Active service" includes:
        (1) Reserve component voluntary active service means
    service under one of the following authorities:
            (A) any duty under 32 U.S.C. 502(f)(1)(B);
            (B) active guard reserve duty, operational
        support, or additional duty under 10 U.S.C. 12301(d) or
        32 U.S.C. 502(f)(1)(B);
            (C) funeral honors under 10 U.S.C. 12503 or 32
        U.S.C. 115;
            (D) duty at the National Guard Bureau under 10
        U.S.C. 12402;
            (E) unsatisfactory participation under 10 U.S.C.
        10148 or 10 U.S.C. 12303;
            (F) discipline under 10 U.S.C. 802(d);
            (G) extended active duty under 10 U.S.C. 12311; and
            (H) reserve program administrator under 10 U.S.C.
        10211.
        (2) Reserve component involuntary active service
    includes, but is not limited to, service under one of the
    following authorities:
            (A) annual training or drill requirements under 10
        U.S.C. 10147, 10 U.S.C. 12301(b) or 32 U.S.C. 502(a).
            (B) additional training duty or other duty under 32
        U.S.C. 502(f)(1)(A);
            (C) pre-planned or pre-programmed combatant
        commander support under 10 U.S.C. 12304b;
            (D) mobilization under 10 U.S.C. 12301(a) or 10
        U.S.C. 12302;
            (E) presidential reserve call-up under 10 U.S.C.
        12304;
            (F) emergencies and natural disasters under 10
        U.S.C. 12304a or 14 U.S.C. 712;
            (G) muster duty under 10 U.S.C. 12319;
            (H) retiree recall under 10 U.S.C. 688;
            (I) captive status under 10 U.S.C. 12301(g);
            (J) insurrection under 10 U.S.C. 331, 10 U.S.C.
        332, or 10 U.S.C. 12406;
            (K) pending line of duty determination for
        response to sexual assault under 10 U.S.C. 12323; and
            (L) initial active duty for training under 10
        U.S.C. 671.
    Reserve component active service not listed in paragraph
(1) or (2) shall be considered involuntary active service under
paragraph (2).
    "Active service without pay" means active service
performed under any authority in which base pay is not received
regardless of other allowances.
    "Annual training" means any active duty performed under
Section 10147 or 12301(b) of Title 10 of the United States Code
or under Section 502(a) of Title 32 of the United States Code.
    "Base pay" means the main component of military pay,
whether active or inactive, based on rank and time in service.
It does not include the addition of conditional funds for
specific purposes such as allowances, incentive and special
pay. Base pay, also known as basic pay, can be determined by
referencing the appropriate military pay chart covering the
time period in question located on the federal Defense Finance
and Accounting Services website or as reflected on a federal
Military Leave and Earnings Statement.
    "Benefits" includes, but is not limited to, the terms,
conditions, or privileges of employment, including any
advantage, profit, privilege, gain, status, account, or
interest, including wages or salary for work performed, that
accrues by reason of an employment contract or agreement or an
employer policy, plan, or practice and includes rights and
benefits under a pension plan, a health plan, an employee stock
ownership plan, insurance coverage and awards, bonuses,
severance pay, supplemental unemployment benefits, vacations,
and the opportunity to select work hours or location of
employment.
    "Differential compensation" means pay due when the
employee's daily rate of compensation for military service is
less than his or her daily rate of compensation as a public
employee.
    "Employee" means anyone employed by an employer.
"Employee" includes any person who is a citizen, national, or
permanent resident alien of the United States employed in a
workplace that the State has legal authority to regulate
business and employment. "Employee" does not include an
independent contractor.
    "Employer" means any person, institution, organization, or
other entity that pays salary or wages for work performed or
that has control over employment opportunities, including:
        (1) a person, institution, organization, or other
    entity to whom the employer has delegated the performance
    of employment-related responsibilities;
        (2) an employer of a public employee;
        (3) any successor in interest to a person, institution,
    organization, or other entity referred to under this
    definition; and
        (4) a person, institution, organization, or other
    entity that has been denied initial employment in violation
    of Section 5-15.
    "Inactive duty" means inactive duty training, including
drills, consisting of regularly scheduled unit training
assemblies, additional training assemblies, periods of
appropriate duty or equivalent training, and any special
additional duties authorized for reserve component personnel
by appropriate military authority. "Inactive duty" does not
include active duty.
    "Military leave" means a furlough or leave of absence while
performing active service. It cannot be substituted for accrued
vacation, annual, or similar leave with pay except at the sole
discretion of the service member employee. It is not a benefit
of employment that is requested but a legal requirement upon
receiving notice of pending military service.
    "Military service" means:
        (1) Service in the Armed Forces of the United States,
    the National Guard of any state or territory regardless of
    status, and the State Guard as defined in the State Guard
    Act. "Military service", whether active or reserve,
    includes service under the authority of U.S.C. Titles 10,
    14, or 32, or State active duty.
        (2) Service in a federally recognized auxiliary of the
    United States Armed Forces when performing official duties
    in support of military or civilian authorities as a result
    of an emergency.
        (3) A period for which an employee is absent from a
    position of employment for the purpose of medical or dental
    treatment for a condition, illness, or injury sustained or
    aggravated during a period of active service in which
    treatment is paid by the United States Department of
    Defense Military Health System.
    "Public employee" means any person classified as a
full-time employee of the State of Illinois, a unit of local
government, a public institution of higher education as defined
in Section 1 of the Board of Higher Education Act, or a school
district, other than an independent contractor.
    "Reserve component" means the reserve components of
Illinois and the United States Armed Forces regardless of
status.
    "Service member" means any person who is a member of a
military service.
    "State active duty" means full-time State-funded military
duty under the command and control of the Governor and subject
to the Military Code of Illinois.
    "Unit of local government" means any city, village, town,
county, or special district.
 
    Section 1-15. Differential compensation.
    (a) As used in this Section, "work days" are the actual
number of days the employee would have worked during the period
of military leave but for the service member's military
obligation. "Work days" are tabulated without regard for the
number of hours in a work day. Work hours that extend into the
next calendar day count as 2 work days.
    (b) Differential compensation under this Act is calculated
on a daily basis and only applies to days in which the employee
would have otherwise been scheduled or required to work as a
public employee. Differential compensation shall be paid to all
forms of active service except active service without pay.
Differential compensation is calculated as follows:
        (1) To calculate differential compensation, subtract
    the daily rate of compensation for military service from
    the daily rate of compensation as a public employee.
        (2) To calculate the daily rate of compensation as a
    public employee, divide the employee's regular
    compensation as a public employee during the pay period by
    the number of work days in the pay period.
        (3) To calculate the daily rate of compensation for
    military service, divide the employee's base pay for the
    applicable military service by the number of calendar days
    in the month the service member was paid by the military.
    For purposes of inactive duty, the daily rate of
    compensation for military service is calculated in
    accordance with the applicable drill pay chart issued by
    Defense Finance and Accounting Services.
 
    Section 1-20. Independent contractors. Whether an
individual is an employee or independent contractor under this
Act is determined based on the following factors:
        (1) the extent of the employer's right to control the
    manner in which the individual's work is to be performed;
        (2) the opportunity for profit or loss that depends
    upon the individual's managerial skill;
        (3) any investment in equipment or materials required
    for the individual's tasks, or his or her employment of
    helpers;
        (4) whether the service the individual performs
    requires a special skill;
        (5) the degree of permanence of the individual's
    working relationship; and
        (6) whether the service the individual performs is an
    integral part of the employer's business.
No single one of these factors is controlling, but all are
relevant to determining whether an individual is an employee or
an independent contractor.
 
Article 5. Service Member Employment Protections.

 
    Section 5-5. Basic Protections. This Section incorporates
Sections 4304, 4312, 4313, 4316, 4317, and 4318 of the
Uniformed Services Employment and Reemployment Rights Act
under Title 38 of the United States Code, as may be amended,
including case law and regulations promulgated under that Act,
subject to the following:
        (1) For the purposes of this Section, all employment
    rights shall be extended to all employees in military
    service under this Act, unless otherwise stated.
        (2) Military leave. A service member employee is not
    required to get permission from his or her employer for
    military leave. The service member employee is only
    required to give such employer advance notice of pending
    service. This advance notice entitles a service member
    employee to military leave.
        An employer may not impose conditions for military
    leave, such as work shift replacement, not otherwise
    imposed by this Act or other applicable law. This paragraph
    shall not be construed to prevent an employer from
    providing scheduling options to employees in lieu of paid
    military leave.
        A service member employee is not required to
    accommodate his or her employer's needs as to the timing,
    frequency, or duration of military leave; however,
    employers are permitted to bring concerns over the timing,
    frequency, or duration of military leave to the attention
    of the appropriate military authority. The accommodation
    of these requests are subject to military law and
    discretion.
        Military necessity as an exception to advance notice of
    pending military leave for State active duty will be
    determined by appropriate State military authority and is
    not subject to judicial review.
        For purposes of notice of pending military service
    under paragraphs (2) or (3) of the definition of "military
    service" under Section 1-10, an employer may require notice
    by appropriate military authority on official letterhead.
    For purposes of this paragraph, notice exceptions do not
    apply.
        (3) Service, efficiency, and performance rating. A
    service member employee who is absent on military leave
    shall, minimally, for the period of military leave, be
    credited with the average of the efficiency or performance
    ratings or evaluations received for the 3 years immediately
    before the absence for military leave. Additionally, the
    rating shall not be less than the rating that he or she
    received for the rated period immediately prior to his or
    her absence on military leave. In computing seniority and
    service requirements for promotion eligibility or any
    other benefit of employment, the period of military duty
    shall be counted as civilian service. This paragraph does
    not apply to probationary periods.
        (4) State active duty ineligible discharge. For
    purposes of State active duty, a disqualifying discharge or
    separation will be the State equivalent under the Military
    Code of Illinois for purposes of ineligibility of
    reemployment under the Uniformed Services Employment and
    Reemployment Rights Act as determined by appropriate State
    military authority.
        (5) A retroactive upgrade of a disqualifying discharge
    or release will restore reemployment rights providing the
    service member employee otherwise meets this Act's
    eligibility criteria.
 
    Section 5-10. Additional benefits for public employee
members of a reserve component.
    (a) Concurrent compensation. During periods of military
leave for annual training, public employees shall continue to
receive full compensation as a public employee for up to 30
days per calendar year and military leave for purposes of
receiving concurrent compensation may be performed
nonsynchronously.
    (b) Differential Compensation. During periods of military
leave for active service, public employees shall receive
differential compensation subject to the following:
        (1) Public employees may elect the use of accrued
    vacation, annual, or similar leave with pay in lieu of
    differential compensation during any period of military
    leave.
        (2) Differential compensation for voluntary active
    service under Section 1-10 is limited to 60 work days in a
    calendar year.
        (3) Differential compensation shall not be paid for
    active service without pay.
        (4) Public employees who have exhausted concurrent
    compensation under subsection (a) of Section 5-10 in a
    calendar year shall receive differential compensation when
    authorized under subsection (b) of Section 5-10 in the same
    calendar year.
    (c) Employer-based health plan benefits shall continue in
accordance with Section 5-5 of this Act, except the employer's
share of the full premium and administrative costs shall
continue to be paid by the employer for active duty.
    (d) In the event that 20% or more employees of a unit of
local government are mobilized under 10 U.S.C. 12301(a), 10
U.S.C. 12302, 10 U.S.C. 12304, or 10 U.S.C. 12304a, or 14
U.S.C. 712 concurrently, additional benefits under this
Section are not required without funding for that purpose.
 
    Section 5-15. Prohibitions on Discrimination. For the
purposes of this Section, Section 4311 of the federal Uniformed
Services Employment and Reemployment Rights Act entitled
Discrimination Against Persons Who Serve in the Uniformed
Services and Acts of Reprisal Prohibited and the regulations
promulgated under that Act are incorporated.
 
    Section 5-20. Notice of rights and duties.
    (a) Each employer shall provide to employees entitled to
rights and benefits under this Act a notice of the rights,
benefits, and obligations of service member employees under
this Act.
    (b) The requirement for the provision of notice under this
Act may be met by the posting of the notice where the
employer's customarily place notices for employees.
 
Article 10. Violations.

 
    Section 10-5. Violations. Any violation of Article 5 is a
violation of this Act.
 
Article 15. Compliance.

 
    Section 15-5. Private right enforcement. A service member
may bring a private civil action for enforcement of a violation
of this Act. A violation of Section 5-20 may not be a sole
basis for a civil action under this Act.
 
    Section 15-10. Circuit court actions by the Attorney
General.
    (a) If the Attorney General has reasonable cause to believe
that any employer is engaged in a violation of this Act, then
the Attorney General may commence a civil action in the name of
the People of the State, as parens patriae on behalf of persons
within the State to enforce the provisions of this Act in any
appropriate circuit court.
    (b) Prior to initiating a civil action, the Attorney
General shall conduct a preliminary investigation to determine
whether there is reasonable cause to believe that any employer
is engaged in a violation of this Act and whether the dispute
can be resolved without litigation. In conducting this
investigation, the Attorney General may:
        (1) require the individual or entity to file a
    statement or report in writing under oath or otherwise, as
    to all information the Attorney General may consider
    necessary;
        (2) examine under oath any person alleged to have
    participated in or with knowledge of the alleged violation;
    or
        (3) issue subpoenas or conduct hearings in aid of any
    investigation.
    (c) Service by the Attorney General of any notice requiring
a person to file a statement or report, or of a subpoena upon
any person, shall be made:
        (1) personally by delivery of a duly executed copy
    thereof to the person to be served or, if a person is not a
    natural person, in the manner provided by the Civil
    Procedure law when a complaint is filed; or
        (2) by mailing by certified mail a duly executed copy
    thereof to the person to be served at his last known abode
    or principal place of business within this State.
    (d) In lieu of a civil action, the individual or entity
alleged to have violated this Act may enter into an Assurance
of Voluntary Compliance with respect to the alleged violation.
    (e) Whenever any person fails to comply with any subpoena
issued under this Section or whenever satisfactory copying or
reproduction of any material requested in an investigation
cannot be done and the person refuses to surrender the
material, the Attorney General may file in any appropriate
circuit court, and serve upon the person, a petition for a
court order for the enforcement of the subpoena or other
request.
    Any person who has received a subpoena issued under
subsection (b) may file in the appropriate circuit court, and
serve upon the Attorney General, a petition for a court order
to modify or set aside the subpoena or other request. The
petition must be filed either: (1) within 20 days after the
date of service of the subpoena or at any time before the
return date specified in the subpoena, whichever date is
earlier, or (2) within a longer period as may be prescribed in
writing by the Attorney General.
    The petition shall specify each ground upon which the
petitioner relies in seeking relief under this subsection and
may be based upon any failure of the subpoena to comply with
the provisions of this Section or upon any constitutional or
other legal right or privilege of the petitioner. During the
pendency of the petition in the court, the court may stay, as
it deems proper, the running of the time allowed for compliance
with the subpoena or other request, in whole or in part, except
that the petitioner shall comply with any portion of the
subpoena or other request not sought to be modified or set
aside.
 
    Section 15-20. Remedies.
    (a) A court in its discretion may award actual damages or
any other relief that the court deems proper.
    Punitive damages are not authorized except in cases
involving violations under Section 5-15 and may not exceed
$50,000 per violation.
    Reasonable attorney's fees may be awarded to the prevailing
party, however, prevailing defendants may only receive
attorney's fees if the court makes a finding that the plaintiff
acted in bad faith.
    (b) The Attorney General may bring an action in the name of
the People of the State against any employer to restrain by
preliminary or permanent injunction the use of any practice
that violates this Act. In such an action, the court may award
restitution to a service member. In addition, the court may
assess a civil penalty not to exceed $5,000 per violation of
this Act.
    If a court orders a party to make payments to the Attorney
General and the payments are to be used for the operations of
the Office of the Attorney General or a party agrees, in an
Assurance of Voluntary Compliance under this Act, to make
payment to the Attorney General for the operations of the
Office of the Attorney General, then moneys shall be deposited
into the Attorney General Court Ordered and Voluntary
Compliance Payment Projects Fund. Moneys in the Fund shall be
used, subject to appropriation, for the performance of any
function pertaining to the exercise of the duties of the
Attorney General including, but not limited to, enforcement of
any law of this State and conducting public education programs;
however, any moneys in the Fund that are required by the court
or by an agreement to be used for a particular purpose shall be
used for that purpose.
    In any action brought under the provisions of this Act, the
Attorney General is entitled to recover costs.
 
Article 20. Home Rule.

 
    Section 20-5. Home Rule. A home rule unit may not regulate
its employees in a manner that is inconsistent with the
regulation of employees by the State under this Act. This
Section is a limitation under subsection (i) of Section 6 of
Article VII of the Illinois Constitution on the concurrent
exercise by home rule units of powers and functions exercised
by the State.
 
Article 25. Statute of Limitations.

 
    Section 25-5. Inapplicability of Statute of Limitations.
No statute of limitations applies to any private right or
Attorney General action under this Act.
 
Article 30. Illinois Service Member Employment and
Reemployment Rights Act Advocate.

 
    Section 30-5. ISERRA Advocate.
    (a) The Attorney General shall appoint an Illinois Service
Member Employment and Reemployment Rights Act Advocate and
provide staff as are deemed necessary by the Attorney General
for the Advocate. The ISERRA Advocate shall be an attorney
licensed to practice in Illinois.
    (b) Through the ISERRA Advocate, the Attorney General shall
have the power:
        (1) to establish and make available a program to
    provide training to employers and service members;
        (2) to prepare and make available interpretative and
    educational materials and programs;
        (3) to respond to informal inquiries made by members of
    the public and public bodies;
        (4) to prepare and make available required Service
    Member Employment and Reemployment Rights Act notice to
    employers;
        (5) to investigate allegations of violations of this
    Act on behalf of the Attorney General; and
        (6) to prepare an annual report on this Act for the
    Attorney General.
 
Article 35. Rulemaking.

 
    Section 35-5. Rules. To accomplish the objectives and to
carry out the duties prescribed by this Act, the Attorney
General may adopt the rules necessary to implement this Act.
 
Article 40. Coverage Under Special Circumstances.

 
    Section 40-5. Governor's election. In a time of national or
State emergency, the Governor has the authority to designate
any category of persons as entitled to protections under this
Act.
 
Article 90. Amendatory Provisions.

 
    (5 ILCS 325/Act rep.)
    Section 90-5. The Military Leave of Absence Act is
repealed.
 
    (5 ILCS 330/Act rep.)
    Section 90-10. The Public Employee Armed Services Rights
Act is repealed.
 
    Section 90-15. The Military Code of Illinois is amended by
changing the heading of Article V-A as follows:
 
    (20 ILCS 1805/Art. V-A heading)
ARTICLE V-A. NATIONAL GUARD SUPPLEMENTAL EMPLOYMENT RIGHTS

 
    (20 ILCS 1805/22-10 rep.)
    (20 ILCS 1805/30.1 rep.)
    (20 ILCS 1805/30.5 rep.)
    (20 ILCS 1805/30.10 rep.)
    (20 ILCS 1805/30.20 rep.)
    (20 ILCS 1805/30.15 rep.)
    Section 90-20. The Military Code of Illinois is amended by
repealing Sections 22-10, 30.1, 30.5, 30.10, 30.20, and 30.15.
 
    (20 ILCS 1815/79 rep.)
    Section 90-25. The State Guard Act is amended by repealing
Section 79.
 
    (50 ILCS 120/Act rep.)
    Section 90-30. The Municipal Employees Military Active
Duty Act is repealed.
 
    (50 ILCS 140/Act rep.)
    Section 90-35. The Local Government Employees Benefits
Continuation Act is repealed.
 
    Section 90-40. The Metropolitan Transit Authority Act is
amended by changing Section 29 as follows:
 
    (70 ILCS 3605/29)  (from Ch. 111 2/3, par. 329)
    Sec. 29. If the Authority acquires a transportation system
in operation by a public utility, all of the employees in the
operating and maintenance divisions of such public utility and
all other employees except executive and administrative
officers and employees, shall be transferred to and appointed
as employees of the Authority, subject to all rights and
benefits of this Act, and these employees shall be given
seniority credit in accordance with the records and labor
agreements of the public utility. Employees who left the employ
of such a public utility to enter the military service of the
United States shall have the same rights as to the Authority,
under the provisions of the Service Member Employment and
Reemployment Rights Act Service Member's Employment Tenure Act
as they would have had thereunder as to such public utility.
After such acquisition the authority shall be required to
extend to such former employees of such public utility only the
rights and benefits as to pensions and retirement as are
accorded other employees of the Authority.
(Source: P.A. 93-828, eff. 7-28-04.)
 
    Section 90-45. The Local Mass Transit District Act is
amended by changing Section 3.5 as follows:
 
    (70 ILCS 3610/3.5)  (from Ch. 111 2/3, par. 353.5)
    Sec. 3.5. If the district acquires a mass transit facility,
all of the employees in such mass transit facility shall be
transferred to and appointed as employees of the district,
subject to all rights and benefits of this Act, and these
employees shall be given seniority credit in accordance with
the records and labor agreements of the mass transit facility.
Employees who left the employ of such a mass transit facility
to enter the military service of the United States shall have
the same rights as to the district, under the provisions of the
Service Member Employment and Reemployment Rights, Act Service
Member's Employment Tenure Act as they would have had
thereunder as to such mass transit facility. After such
acquisition the district shall be required to extend to such
former employees of such mass transit facility only the rights
and benefits as to pensions and retirement as are accorded
other employees of the district.
(Source: P.A. 93-590, eff. 1-1-04; 93-828, eff. 7-28-04.)
 
    Section 90-50. The Service Member's Employment Tenure Act
is amended by changing Sections 1, 2, and 3 as follows:
 
    (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 Employment Tenure Act.
(Source: P.A. 93-828, eff. 7-28-04.)
 
    (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 wage earners of
Illinois who respond to their country's call to service in this
time of crisis, are deserving of every protection of their
employment status which 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
of employment, 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.
    By safeguarding the employment and the rights and
privileges inhering in the employment contract, of service men,
the State of Illinois encourages its workers to participate to
the fullest extent in the national defense program and thereby
heightens the contribution of our State to the protection of
our heritage of liberty and democracy.
(Source: Laws 1941, vol. 1, p. 1202.)
 
    (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.
    The term "political subdivision", as used in this Act,
means any unit of local government or school district.
(Source: P.A. 99-88, eff. 7-21-15; 99-557, eff. 1-1-17.)
 
    (330 ILCS 60/4 rep.)
    (330 ILCS 60/4.5 rep.)
    (330 ILCS 60/5 rep.)
    (330 ILCS 60/6 rep.)
    (330 ILCS 60/7 rep.)
    (330 ILCS 60/8 rep.)
    Section 90-55. The Service Member's Employment Tenure Act
is amended by repealing Sections 4, 4.5, 5, 6, 7, and 8.
 
    Section 90-60. The Illinois Service Member Civil Relief Act
is amended by changing Section 10 as follows:
 
    (330 ILCS 63/10)
    Sec. 10. Definitions. In this 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.
    "Primary occupant" means the current residential customer
of record in whose name the utility company or electric
cooperative account is registered.
    "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.
    "State Active Duty" has the same meaning ascribed to that
term in Section 1-10 of the Service Member Employment and
Reemployment Rights Act 30.10 of the Military Code of Illinois.
    "Training or duty under Title 32 of the United States Code"
has the same meaning ascribed to that term in Section 30.10 of
the Military Code of Illinois.
(Source: P.A. 97-913, eff. 1-1-13.)
 
    Section 90-65. The Criminal Code of 2012 is amended by
changing Section 17-6 as follows:
 
    (720 ILCS 5/17-6)  (from Ch. 38, par. 17-6)
    Sec. 17-6. State benefits fraud.
    (a) A person commits State benefits fraud when he or she
obtains or attempts to obtain money or benefits from the State
of Illinois, from any political subdivision thereof, or from
any program funded or administered in whole or in part by the
State of Illinois or any political subdivision thereof through
the knowing use of false identification documents or through
the knowing misrepresentation of his or her age, place of
residence, number of dependents, marital or family status,
employment status, financial status, or any other material fact
upon which his eligibility for or degree of participation in
any benefit program might be based.
    (b) Notwithstanding any provision of State law to the
contrary, every application or other document submitted to an
agency or department of the State of Illinois or any political
subdivision thereof to establish or determine eligibility for
money or benefits from the State of Illinois or from any
political subdivision thereof, or from any program funded or
administered in whole or in part by the State of Illinois or
any political subdivision thereof, shall be made available upon
request to any law enforcement agency for use in the
investigation or prosecution of State benefits fraud or for use
in the investigation or prosecution of any other crime arising
out of the same transaction or occurrence. Except as otherwise
permitted by law, information disclosed pursuant to this
subsection shall be used and disclosed only for the purposes
provided herein. The provisions of this Section shall be
operative only to the extent that they do not conflict with any
federal law or regulation governing federal grants to this
State.
    (c) Any employee of the State of Illinois or any agency or
political subdivision thereof may seize as evidence any false
or fraudulent document presented to him or her in connection
with an application for or receipt of money or benefits from
the State of Illinois, from any political subdivision thereof,
or from any program funded or administered in whole or in part
by the State of Illinois or any political subdivision thereof.
    (d) Sentence.
    (1) State benefits fraud is a Class 4 felony except when
more than $300 is obtained, in which case State benefits fraud
is a Class 3 felony.
    (2) If a person knowingly misrepresents oneself as a
veteran or as a dependent of a veteran with the intent of
obtaining benefits or privileges provided by the State or its
political subdivisions to veterans or their dependents, then
State benefits fraud is a Class 3 felony when $300 or less is
obtained and a Class 2 felony when more than $300 is obtained.
For the purposes of this paragraph (2), benefits and privileges
include, but are not limited to, those benefits and privileges
available under the Veterans' Employment Act, the Viet Nam
Veterans Compensation Act, the Prisoner of War Bonus Act, the
War Bonus Extension Act, the Military Veterans Assistance Act,
the Veterans' Employment Representative Act, the Veterans
Preference Act, Service Member Employment and Reemployment
Rights Act, the Service Member's Employment Tenure Act, the
Housing for Veterans with Disabilities Act, the Under Age
Veterans Benefits Act, the Survivors Compensation Act, the
Children of Deceased Veterans Act, the Veterans Burial Places
Act, the Higher Education Student Assistance Act, or any other
loans, assistance in employment, monetary payments, or tax
exemptions offered by the State or its political subdivisions
for veterans or their dependents.
(Source: P.A. 99-143, eff. 7-27-15.)
 
    Section 90-70. The Illinois Human Rights Act is amended by
changing Section 6-102 as follows:
 
    (775 ILCS 5/6-102)
    Sec. 6-102. Violations of other Acts. A person who violates
the Military Leave of Absence Act, the Public Employee Armed
Services Rights Act, Section 11-117-12.2 of the Illinois
Municipal Code, Section 224.05 of the Illinois Insurance Code,
Section 8-201.5 of the Public Utilities Act, Sections 2-1401.1,
9-107.10, 9-107.11, and 15-1501.6 of the Code of Civil
Procedure, Section 4.05 of the Interest Act, the Military
Personnel Cellular Phone Contract Termination Act, Section
405-272 of the Civil Administrative Code of Illinois, Section
10-63 of the Illinois Administrative Procedure Act, Sections
30.25 and 30.30 of the Military Code of Illinois, Section 16 of
the Landlord and Tenant Act, Section 26.5 of the Retail
Installment Sales Act, or Section 37 of the Motor Vehicle
Leasing Act commits a civil rights violation within the meaning
of this Act.
(Source: P.A. 97-913, eff. 1-1-13.)

Effective Date: 1/1/2019