SERVICEMEMBERS-SERVE ACT

Illinois General Assembly - Full Text of SB3737

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SB3737 - 104th General Assembly

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Senate Amendment 001

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SB3737 Enrolled
LRB104 17838 KTG 31272 b
1

AN ACT concerning veterans.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4
ARTICLE 1.

GENERAL PROVISIONS

5

Section 1-1.
Short title; references to Act.
6

(a) Short title. This Act may be cited as the
Service
7
Member Education Rights Veneration Act.
8

(b) References to Act. This Act may be referred to as the
9
SERVE Act.

10

Section 1-5.
Legislative intent.
As a guide to the
11
interpretation and application of this Act, the public policy
12
of the State is declared as follows:
13

(a) The General Assembly recognizes the common public
14
interest in safeguarding and promoting participation in
15
military service to the United States and the State by:
16

(1) minimizing disadvantages to military service while
17

pursuing higher education;
18

(2) providing prompt readmission and preservation of
19

academic status for service member students returning from
20

military service in a manner that (A) minimizes disruption
21

to academic pursuits and (B) limits institutional legal
22

risk associated with developing and granting

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1

accommodations; and
2

(3) prohibiting discrimination against and
3

interference with military service.
4

(b) This law shall be interpreted as comprising a
5
foundation of protections guaranteed by this Act; therefore,
6
nothing in this Act shall supersede, nullify, or diminish any
7
federal or State law, including any local law or ordinance,
8
contract, agreement, policy, plan, practice, or other matter
9
that establishes a right or benefit that is more beneficial
10
to, or is in addition to, a right or benefit provided in this
11
Act.
12

(c) This Act shall be liberally construed to effectuate
13
its purposes and provisions for the benefit of the service
14
member student who has volunteered to serve this country and
15
this State despite the risk of interruption in the pursuit of
16
higher education. Such sacrifice benefits everyone but is made
17
by relatively few.
18

(d) This Act requires institutions of higher education to
19
think beyond their existing policy and practice to act in
20
practical ways that better accommodate service member students
21
whose participation in military service presents individually
22
unique and complicated challenges.
23

(e) The new service member benefits provided under this
24
Act apply on and after the effective date of this Act.

25

Section 1-10.
Definitions.
As used in this Act:

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1

"Academic military leave" means any period of leave of
2
absence by a service member student to perform military
3
service.
4

"Academic status" means a service member student's
5
academic position in an institution of higher education in
6
terms of academic program, enrollment status, credit or clock
7
hours completed, academic standing, and academic progress.
8

"Academic program" means a set of academic requirements
9
that lead to a degree, diploma, certificate, or any other such
10
credential.
11

"Academic progress" means the degree to which a service
12
member student is on track to graduate on time and is meeting
13
the institution's academic standards for satisfactory
14
completion of an academic program.
15

"Academic standing" means grade point average.
16

"Academic year division" means the method in which an
17
institution divides the academic year, including semester,
18
quarter, trimester, 4-1-4 system, 4-4-1 system, continuous or
19
year-round, block, 3-term system, or any other such method of
20
determining the division of an academic year.
21

"Accommodation" means a mutually agreed upon modification
22
between a service member student and the institution to
23
academic coursework that creates an opportunity for a service
24
member student to avoid negative impact on academic status
25
because of academic military leave. "Accommodation" includes,
26
but is not limited to, make-up work, flexible deadlines,

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1
alternative assignments, make-up exams, accessing missed
2
lecture materials, remote participation, extended time for
3
tasks, course adjustments, and opportunities to complete
4
assignments, tasks, exams, and other course requirements
5
earlier than their respective due dates.
6

"Appropriate military authority" means any commissioned,
7
warrant, or noncommissioned officer authorized to issue orders
8
for military service in the Armed Forces of the United States
9
or the National Guard of any state or territory.
10

"Discrimination" means any unjust or prejudicial
11
treatment, including, but not limited to, harassment, based on
12
perceived or actual association or affiliation with military
13
service.
14

"Enrollment status" means whether a service member student
15
is full-time, part-time, half-time, withdrawn, degree-seeking,
16
non-degree-seeking, a graduate, on leave, or in any other such
17
matriculation relationship to the institution or program.
18

"Financial aid" means any moneys, including, but not
19
limited to, grants, scholarships, work-study, and loans,
20
provided to help service member students in remunerating an
21
institution of higher education. It includes veterans'
22
education benefits such as those provided under the
23
Servicemen's Readjustment Act of 1944 and the Illinois Veteran
24
grant program under the Higher Education Student Assistance
25
Act.
26

"Institution" or "institution of higher education" means a

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1
public or private college, university, or other institution
2
that provides postsecondary education and awards degrees,
3
diplomas, certificates, or other such credential.
4

"ISERRA Advocate" means the Illinois Service Member
5
Employment and Reemployment Rights Act Advocate appointed by
6
the Attorney General under Section 30-5 of the Service Member
7
Employment and Reemployment Rights Act.
8

"Military accommodation" means specific accommodation
9
granted by, and at the sole discretion of, appropriate
10
military authority with respect to a service member student.
11
It may be requested by the service member student or an
12
institution and relates to the timing, frequency, and duration
13
of impending academic military leave with the sole purpose to
14
prevent or limit negative impact on a service member student's
15
academic status.
16

"Military service" means a service member student receives
17
orders in the Armed Forces of the United States, the National
18
Guard of any state or territory regardless of status or
19
voluntariness, or the Illinois State Guard as described in the
20
State Guard Act. "Military service" includes service under the
21
authority of U.S.C. Titles 10, 14, or 32, or State Active Duty.
22
"Military service" includes active and inactive duty.
23

"Reasonable efforts" means actions taken to accommodate
24
service member students due to academic military leave, but
25
does not require significant difficulty or expense on the
26
operation of the institution of higher education or on

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1
educational standards.
2

"Service member student" means a person enrolled in an
3
institution of higher education who is eligible to be ordered
4
to military service.
5

"Volunteer orders" means reserve component voluntary
6
active service as that term is defined in Section 1-10 of the
7
Service Member Employment and Reemployment Rights Act.

8

Section 1-15.
Applicability.
This Act applies when
9
military duty presents a conflict with academic status. This
10
Act is not meant as a substitute for poor planning on the part
11
of the service member student. This Act does not apply where
12
there is no conflict between institutional and military
13
service requirements. Nothing in this Act prohibits an
14
institution from acting consistently with established policy
15
and procedure for dealing with misconduct on the part of a
16
service member student.

17
ARTICLE 5.

ACCOMMODATION AND READMISSION REQUIREMENTS

18

Section 5-5.
Readmission.
19

(a) Institutions shall accommodate a service member
20
student's academic military leave and grant prompt readmission
21
when the service member student:
22

(1) has not exceeded a cumulative academic military
23

leave period beyond 5 years;

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1

(2) provides advance notice of academic military leave
2

to the institution; and
3

(3) provides notice of intent to return to the
4

institution.
5

(b) Prompt readmission. The institution must readmit a
6
service member student on academic military leave into the
7
next class, classes, or academic year division following the
8
receipt of the notice of intent to return in accordance with
9
the terms of the accommodation.
10

(c) Exemptions to readmission. A service member student's
11
eligibility for readmission under this Act terminates upon the
12
occurrence of any of the following events:
13

(1) A separation of such service member student from
14

military service with a dishonorable or bad conduct
15

discharge.
16

(2) A dismissal from military service in the case of a
17

service member student who is a commissioned or warrant
18

officer.
19

(3) A dropping of such service member student from the
20

rolls.
21

(d) The service member student has an obligation to timely
22
self-report to the institution when any of the exemptions to
23
readmission listed in subsection (c) occur.
24

(e) A service member student shall provide documentation
25
demonstrating applicability of exemptions upon request by the
26
institution, subject to the following:

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1

(1) The institution cannot request specific
2

documentation.
3

(2) Documentation provided shall be from appropriate
4

military authority.
5

(3) Documentation shall be provided as soon as
6

practicable.
7

(f) Rights and benefits under this Act shall not be
8
withheld until an exemption becomes evident.
9

(g) Loss of readmission rights under this Act subjects the
10
service member student to the institution's applicable
11
policies and procedures.
12

(h) When an institution has reason to believe that an
13
exemption may be applicable but is not reported, the
14
institution shall notify the Attorney General's ISERRA
15
Advocate. Upon receiving notification, the Attorney General
16
shall investigate to determine if an exemption exists.
17
Intentional failure to timely report an applicable exemption
18
shall result in loss of readmission and preservation of
19
academic status rights under this Act and subjects the service
20
member student to the institution's applicable policies and
21
procedures. When failure to report involves the use of public
22
funds, the Attorney General shall investigate to determine if
23
any law has been violated and if recoupment of public funds is
24
warranted. Results of any investigation may be shared with
25
appropriate military authority at the discretion of the
26
Attorney General.

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1

Section 5-10.
Academic military leave.
2

(a) Permission. A service member student is not required
3
to get permission from his or her institution for academic
4
military leave. The service member student is only required to
5
provide advance notice of pending military service in
6
accordance with this Act. Advance notice entitles a service
7
member student to academic military leave.
8

(b) Conditions. An institution of higher education may not
9
impose conditions for academic military leave not otherwise
10
imposed under this Act or other applicable law.
11

(1) This subsection shall not be construed to prevent
12

an institution from providing conditions as part of
13

academic accommodation.
14

(2) This subsection shall not be construed to prevent
15

an institution from establishing reasonable policies,
16

procedures, and practices in furtherance of this Act.
17

(c) Military accommodation. A service member student is
18
not required to accommodate an institution's needs as to the
19
timing, frequency, or duration of academic military leave;
20
however, institutions are permitted and encouraged to request
21
accommodations that benefit the service member student in
22
advance of such academic military leave, subject to the
23
following:
24

(1) Such requests shall be in collaboration with and
25

in the best interest of service member students.

SB3737 Enrolled
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1

(2) Such requests shall be directed to the attention
2

of the appropriate military authority.
3

(3) The accommodation of such requests is subject to
4

military law and discretion.
5

(d) Academic obligation not excused. Academic military
6
leave alone does not excuse a service member student from any
7
academic obligation except at the sole discretion of the
8
institution as part of an accommodation.

9

Section 5-15.
Accommodation.
10

(a) Notice of pending academic military leave entitles
11
service member students to institutional accommodation.
12

(b) Accommodations. Accommodation made by an institution
13
of higher education under this Act:
14

(1) Shall be mutually agreed upon and conditioned on
15

tasks that both sides must complete to fulfill the
16

agreement.
17

(2) Shall be in writing such as in an email, letter, or
18

some other written form.
19

(3) Shall not violate any law prohibiting
20

discrimination.
21

(4) Shall not violate any rights granted by this Act
22

or other law.
23

(5) Shall be created with the purpose of compliance
24

with this Act.
25

(6) Shall benefit the service member student.

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1

(7) Shall be tailored to the unique academic status,
2

military requirements, and circumstantial constraints
3

specific to each service member student who finds himself
4

or herself in a position warranting accommodation.
5

(8) Shall be amendable when a material condition
6

changes or upon agreement by the institution and the
7

service member student.
8

(9) Shall present a reasonable opportunity for the
9

service member student to maintain academic status as
10

follows:
11

(A) Readmission into the same academic program is
12

subject to the following:
13

(i) If the specific academic program is no
14

longer offered but the coursework can be
15

completed, then the service member student shall
16

be given the opportunity to complete the
17

coursework for that academic program.
18

(ii) If the coursework is not available, then
19

the service member student shall be admitted into
20

the academic program that is most similar to his
21

or her original academic program.
22

(B) Readmission to the same academic enrollment
23

status.
24

(C) Readmission with the same number of credit
25

hours or clock hours unless the service member student
26

is readmitted to a different academic program to which

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LRB104 17838 KTG 31272 b
1

the completed credit hours or clock hours are not
2

transferable.
3

(D) Readmission with the same academic standing
4

subject to changes in grade point average resulting
5

from any accommodation.
6

(E) Readmission with the same academic progress.
7

(10) The specifics and nature of any accommodation
8

shall be at the sole discretion of the institution of
9

higher education in consultation with the service member
10

student.
11

(11) Shall be reasonable under the circumstances.
12

(12) Shall not require, plan, or depend on the
13

performance of coursework during academic military leave
14

subject to the provision that nothing in this subsection
15

prevents a service member student from performing
16

coursework during academic military leave on the service
17

member student's own initiative.
18

(c) Accommodations shall not create a broad rule, policy,
19
or practice applicable beyond the terms of the specific
20
accommodation applicable to a specific service member student,
21
except at the sole discretion of the institution of higher
22
education.
23

(d) Reimbursement. All expenses, including, but not
24
limited to, tuition, fees, and penalties, charged by the
25
institution are fully refundable for any academic year
26
division the institution determines that withdrawal, due to

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1
military service, is the only appropriate accommodation based
2
on the characteristics of the academic military leave in
3
question subject to the following:
4

(1) Financial aid. Financial aid shall be credited for
5

the academic year division requiring withdrawal due to
6

military service, unless expressly prohibited by the terms
7

of such financial aid or impossible or unreasonable under
8

the circumstances.
9

(2) Scholarship, grant, or loan. A service member
10

student's eligibility for a State-supported scholarship,
11

grant, or loan for attendance at an institution shall not
12

be adversely affected by the service member student's
13

failure to complete coursework because of the service
14

member student's military service.
15

(3) Housing under the control of the institution. The
16

service member student may be charged for any period in
17

which student housing is occupied by the service member
18

student and subject to the federal Servicemembers Civil
19

Relief Act (50 U.S.C. 3900 et seq.).
20

(4) Textbooks. If a service member student must
21

withdraw from any course due to military service, the
22

service member student shall receive the maximum price,
23

based on condition, for physical textbooks purchased from
24

the bookstore under the control of and associated with the
25

institution. Such students shall receive a full refund for
26

electronic books.

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1

(5) All other expenses. All other expenses charged by
2

the institution and that the service member student has
3

used or taken advantage of shall be reimbursed pro rata.
4

If determining the pro rata share is not possible, then
5

the service member student shall be reimbursed the full
6

amount.
7

(e) Withdrawal due to military service. A service member
8
student who is unable to continue in a course due to military
9
service shall be allowed to withdraw with no impact upon the
10
final grade point average of the service member student. Such
11
withdrawal shall be identified on any academic transcript as
12
"withdrawal due to military service" so as not to prejudice
13
the service member student. If the service member student is
14
required to withdraw, such withdrawal shall not disadvantage
15
the service member student as to readmission or re-enrollment.
16

(f) Academic military leave does not count toward any
17
limit on attendance.
18

(g) Mutual accommodation. Any requirement of academic
19
status is deemed met if the service member student requests
20
and the institution grants a different academic program,
21
enrollment status, credit or clock hours, or academic
22
progress. Such accommodation shall not be recognized if made
23
in lieu of the service member student's preferred benefit
24
under law, policy, practice, or agreement.
25

(h) Re-enrollment not possible. If the institution
26
determines that the service member student is not prepared to

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1
resume in the same academic status as required in this Act due
2
to standards outside their control, the institution must make
3
reasonable efforts to help the service member student become
4
prepared to resume in the same academic status, including, but
5
not limited to, providing refresher courses, refresher
6
training, and an opportunity to retake any examination. Such
7
efforts shall be at no extra cost to service member students.
8
If, after reasonable efforts on the part of the institution,
9
the service member student is unable to resume in the same
10
academic status, then the obligation to readmit the service
11
member student in the same academic status is deemed to have
12
been met.
13

(i) Rejection of accommodation. Rejection of accommodation
14
that meets the requirements of this Act by a service member
15
student shall subject the service member student to the
16
institution's applicable policies and procedures. Good faith
17
negotiations on the part of the service member student or
18
representative do not constitute rejection of the
19
accommodation.
20

(j) Burden of proof. The institution of higher education
21
carries the burden to show, by a preponderance of the
22
evidence, that:
23

(1) the service member student is re-enrolled in the
24

same or most similar academic program and status;
25

(2) reasonable efforts have been made to prepare the
26

service member student to resume in the same or most

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1

similar academic program and status;
2

(3) reasonable efforts made have failed through no
3

fault of the institution; and
4

(4) no other reasonable efforts are available to the
5

institution.

6

Section 5-20.
Five-year limit.
7

(a) Five-year limit. In computing the 5-year limit, the
8
academic military leave shall not include any of the following
9
military service:
10

(1) service that is required, beyond 5 years, to
11

complete an initial period of obligated military service;
12

(2) periods in which the service member student was
13

unable to obtain orders releasing the service member
14

student from military service before the expiration of the
15

5-year period and such inability was through no fault of
16

the service member student; or
17

(3) performed by a service member student who is:
18

(A) ordered to or retained on active duty under
19

Section 688, 12301(a), 12301(g), 12302, 12304, or
20

12305 of Title 10 of the United States Code or under
21

Section 2127, 2128, 2308, 2309, 2314, or 712 of Title
22

14 of the United States Code;
23

(B) ordered to or retained on active duty, other
24

than for training, under any provision of law because
25

of war or emergency declared by the President,

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1

Congress, the Secretary of a military department, or
2

the Governor of the State;
3

(C) ordered to active duty, other than for
4

training, in support, as determined by the Secretary
5

of a military department, of an operational mission
6

for which personnel have been ordered to active duty
7

under Section 12304 of Title 10 of the United States
8

Code;
9

(D) ordered to active duty in support, as
10

determined by the Secretary of a military department,
11

of a critical mission or requirement of military
12

service;
13

(E) called into federal service as a member of the
14

National Guard under Chapter 15 of Title 10 or under
15

Section 12406 of Title 10 of the United States Code; or
16

(F) called into State Active Duty.
17

(b) Documentation. It is the responsibility of the
18
institution to determine the applicability of the 5-year limit
19
by maintaining records of periods of academic military leave;
20
however, institutions may request documentation necessary to
21
determine if the 5-year rule has been exceeded. Upon request,
22
a service member student shall provide the documentation as
23
soon as practicable. The institution cannot request specific
24
documentation. The documentation provided shall be from an
25
appropriate military authority. The institution's requests for
26
documentation are subject to the following:

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1

(1) The request must be reasonable.
2

(2) A service member student must be permitted to
3

continue course work unless and until the documentation,
4

once provided, demonstrates the 5-year limit has been
5

exceeded.
6

(c) Exceeding the 5-year limit. Exceeding the 5-year limit
7
does not obligate an institution to deny readmission.
8
Readmission and conditions thereof are at the sole discretion
9
of the institution.
10

(d) The institution may notify the Attorney General's
11
ISERRA Advocate when the documentation is not provided timely.
12
The Attorney General shall take steps necessary to ensure the
13
appropriate documentation is provided.

14

Section 5-25.
Advance notice.
15

(a) Advance notice entitles a service member student to an
16
accommodation and shall be provided in accordance with the
17
following:
18

(1) Notice must be provided in advance of military
19

service unless circumstances make such advance notice
20

impossible or unreasonable under the circumstances. In
21

this case, advance notice shall be provided as soon as it
22

becomes practicable under the circumstances.
23

(2) Notice shall be written but may be verbal if
24

written notice is not reasonable under the circumstances.
25

No required format or rule for timeliness may be imposed.

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(3) Notice shall be provided by the service member
2

student, spouse of such service member student, or
3

appropriate military authority.
4

(4) Notice shall be provided to each applicable
5

instructor or, if designated by the institution, to the
6

appropriate official.
7

(b) Failure to provide advance notice. Failure to provide
8
advance notice subjects the service member student to the
9
applicable institution's policies and procedures.
10

(c) Exception; military necessity. No notice is required
11
if the giving of such notice is precluded by military
12
necessity, such as when such military service is classified or
13
when notice may compromise or adversely affect a military
14
mission, operation, or exercise if known by the public as
15
determined by appropriate military authority in writing. Such
16
writing need only declare military necessity without further
17
explanation and may be provided at any time with a notice of
18
intent to return.

19

Section 5-30.
Notice of intent to return.
Notice of intent
20
to return shall be provided to the institution placing the
21
service member student on academic military leave consistent
22
with the following:
23

(1) Intent to return is presumed for academic military
24

leave less than 31 days.
25

(2) Intent to return is presumed when return is part

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of an established accommodation.
2

(3) Notice of intent to return may be provided at any
3

time between advance notice and within 3 years from the
4

end of the academic military leave period.
5

(4) Notice of intent to return requirement is not met
6

when it is provided later than 3 years after the
7

completion of military service unless a service member
8

student is hospitalized or convalescing from an illness or
9

injury incurred in or aggravated during such military
10

service. In this case, notice of intent to return is not
11

met when it is provided later than 2 years after the end of
12

the period reasonably necessary for recovery of such
13

illness or injury.
14

(5) Failure to provide notice of intent to return
15

subjects the service member student to the institution's
16

established policies and procedures.
17

(6) Notice of intent to return shall be provided to
18

each applicable instructor or, when designated by the
19

institution, to the appropriate official.
20

(7) Notice of intent to return shall be written and in
21

no particular format.
22

(8) Notice of intent to return may be waived by, and at
23

the sole discretion of, the institution. Waiver may be
24

verbal or written or established in policy or procedure.

25

Section 5-35.
Discrimination.

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(a) A person who is a member of, applies to be a member of,
2
performs, has performed, applies to perform, or has an
3
obligation to perform military service shall not be
4
discriminated against by an institution of higher education,
5
including its faculty and staff on the basis of that
6
membership, application for membership, performance of
7
service, obligation, or actual or perceived affiliation with
8
military service.
9

(b) A person who is a spouse or dependent of a person
10
described in subsection (a) shall not be discriminated against
11
by an institution, faculty, or staff based on actual or
12
perceived affiliation or association with such person
13
described in subsection (a).
14

(c) Military service does not need to be the sole reason
15
for discriminatory behavior to be discriminatory but must be,
16
in part, a basis.

17

Section 5-40.
Military spouse.
The spouse of a service
18
member called to military service may withdraw, without
19
penalty, when such service adversely interferes with the
20
pursuit of higher education of such spouse. Withdrawal shall
21
be marked as "withdrawal due to military service" so as not to
22
prejudice such service member spouse. Such service member
23
spouse shall be entitled to a full refund except for a pro rata
24
share of services used.

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Section 5-45.
Notice of rights and duties.
2

(a) Each institution shall provide service member students
3
entitled to rights and benefits under this Act with a notice of
4
the rights, benefits, and obligations of service member
5
students under this Act provided by the Attorney General's
6
ISERRA Advocate.
7

(b) The requirement for the provision of notice under this
8
Act may be met by the posting of the notice where the
9
institution customarily places notices for service member
10
students.

11
ARTICLE 10.

COMPLIANCE

12

Section 10-5.
Violation.
Any violation of Article 5 is a
13
violation of this Act.

14

Section 10-10.
Circuit court action by the Attorney
15
General.
16

(a) If the Attorney General has reason to believe that any
17
institution is engaged in a violation of this Act, then the
18
Attorney General may commence a civil action in the name of the
19
People of the State on behalf of persons within the State to
20
enforce the provisions of this Act in any appropriate circuit
21
court.
22

(b) Prior to initiating a civil action, the Attorney
23
General shall conduct a preliminary investigation to determine

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whether there is reason to believe that any institution is
2
engaged in a violation of this Act and whether the dispute can
3
be resolved without litigation. In conducting this
4
investigation, the Attorney General may:
5

(1) require the individual or entity to file a
6

statement or report in writing under oath or otherwise, as
7

to all information the Attorney General may consider
8

necessary;
9

(2) examine under oath any person alleged to have
10

participated in or with the knowledge of the alleged
11

violation; or
12

(3) issue subpoenas or conduct hearings in aid of any
13

investigation.
14

(c) Service by the Attorney General of any notice
15
requiring a person to file a statement or report, or of a
16
subpoena upon any person, shall be made:
17

(1) personally, by delivery of a duly executed copy
18

thereof to the person to be served or, if a person is not a
19

natural person, in the manner provided by the Civil
20

Practice Law when a complaint is filed; or
21

(2) by mailing by certified mail, a duly executed copy
22

thereof to the person to be served at his or her last known
23

abode or principal place of business within this State.
24

(d) In lieu of civil action, the individual or entity
25
alleged to have violated this Act may enter into an Assurance
26
of Voluntary Compliance with respect to the alleged violation.

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Evidence of a violation of an Assurance of Voluntary
2
Compliance shall be prima facie evidence of a violation of
3
this Act in any subsequent proceeding brought by the Attorney
4
General against the alleged violator.
5

(e) Whenever any person or institution fails to comply
6
with any subpoena issued under this Section or whenever
7
satisfactory copying or reproduction of any material requested
8
in an investigation cannot be done, and the person or
9
institution refuses to surrender the material, the Attorney
10
General may file in any appropriate circuit court, and serve
11
upon the person or institution, a petition for a court order
12
for the enforcement of the subpoena or other request.
13

Any person or institution who has received a subpoena
14
issued under subsection (b) may file in the appropriate
15
circuit court, and serve upon the Attorney General, a petition
16
for a court order to modify or set aside the subpoena or other
17
requests. The petition must be filed either: (1) within 20
18
days after the date of service of the subpoena or at any time
19
before the return date specified in the subpoena, whichever
20
date is earlier, or (2) within a longer period as may be
21
prescribed in writing by the Attorney General.
22

The petition shall specify each ground upon which the
23
petitioner relies in seeking relief under this subsection and
24
may be based upon any failure of the subpoena to comply with
25
the provision of this Section or upon any constitutional or
26
other legal right or privilege of the petitioner. During the

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pendency of the petition in the court, the court may stay, as
2
it deems proper, the running of the time allowed for
3
compliance with the subpoena or other request, in whole or in
4
part, except that the petitioner shall comply with any portion
5
of the subpoena or other request not sought to be modified or
6
set aside.

7

Section 10-15.
Remedies.
8

(a) A court in its discretion may award actual damages or
9
any other relief that the court deems proper. Punitive damages
10
are not authorized except in cases involving violations under
11
Section 5-35 prohibiting discrimination, or in a case where
12
intent to subvert the purpose of this Act can be shown. In no
13
case may punitive damages exceed $100,000 per violation.
14
Reasonable attorney's fees may be awarded to the prevailing
15
party; however, prevailing defendants may only receive
16
attorney's fees if the court makes a finding that the
17
plaintiff acted in bad faith.
18

(b) The Attorney General may bring an action in the name of
19
the people of the State against any institution to restrain by
20
preliminary or permanent injunction the use of any practice
21
that violates this Act. In such an action, the court may award
22
restitution. In addition, the court may assess a civil penalty
23
not to exceed $25,000 per violation of this Act.
24

(c) If a court orders a party to make payments to the
25
Attorney General and the payments are to be used for the

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operations of the Office of the Attorney General or if a party
2
agrees to make payment to the Attorney General for the
3
operations of the Office of the Attorney General as part of an
4
Assurance of Voluntary Compliance, then the moneys paid under
5
any of the conditions described in this subsection (c) shall
6
be deposited into the Attorney General Court Ordered and
7
Voluntary Compliance Payment Projects Fund. Moneys in the Fund
8
shall be used, subject to the appropriation, for the
9
performance of any function pertaining to the exercise of the
10
duties of the Attorney General including, but not limited to,
11
enforcement of any law of this State and conducting public
12
education programs; however, any moneys in the Fund that are
13
required by the court or by an agreement to be used for a
14
particular purpose shall be used for that purpose.
15

(d) In any action brought under the provisions of this
16
Act, the Attorney General is entitled to recover costs.
17

(e) If an investigation by the Attorney General finds that
18
the institution has acted in bad faith, a report shall be sent
19
to both State and federal entities that oversee colleges and
20
universities in any capacity.

21
ARTICLE 15.

STATUTE OF LIMITATIONS, ISERRA ADVOCATE, RULES AND
22
ELECTION

23

Section 15-5.
Statute of limitations.
Any action brought
24
under this Act by the Attorney General shall be commenced

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within 20 years after the date upon which the alleged
2
violation occurred.

3

Section 15-20.
ISERRA Advocate.
4

(a) The ISERRA Advocate appointed by the Attorney General
5
under Section 30-5 of the Service Member Employment and
6
Reemployment Rights Act shall enforce this Act on behalf of
7
the Attorney General.
8

(b) Through the ISERRA Advocate, the Attorney General
9
shall have the power to:
10

(1) establish and make available a program to provide
11

training to institutions and service member students;
12

(2) prepare and make available interpretive and
13

educational materials and programs;
14

(3) respond to informal inquiries made by
15

institutions, service member students, and interested
16

members of the public;
17

(4) prepare and make available the notice required
18

under Section 5-45 on the rights, benefits, and
19

obligations under this Act; and
20

(5) investigate allegations of violations of this Act
21

on behalf of the Attorney General.

22

Section 15-25.
Governor's election.
In a time of national
23
or State emergency, the Governor has the authority to
24
designate persons as entitled to protections under this Act.

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|
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