[ Back ] [ Bottom ]
91_HB4340eng
HB4340 Engrossed LRB9111891STsbA
1 AN ACT to amend the Military Code of Illinois by adding
2 Article IV-A.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Military Code of Illinois is amended by
6 adding Article IV-A as follows:
7 (20 ILCS 1805/Art. IV-A heading new)
8 ARTICLE IV-A. MILITARY FUNERAL HONORS
9 (20 ILCS 1805/28.1 new)
10 Sec. 28.1. Purpose. This Article establishes the
11 Illinois Military Funeral Honors Program, which ensures an
12 appropriate final tribute to deceased veterans and former
13 Governors in the absence of federal military funeral honors
14 or funeral honors provided by veteran organizations, subject
15 to appropriation of adequate funds. This Article establishes
16 procedures which ensure this tribute on behalf of a grateful
17 citizenry to honor deceased veterans in recognition of their
18 service to the State of Illinois and to the United States of
19 America. The rendering of military funeral honors is the
20 ceremonial paying of respects and final demonstration of
21 gratitude to those who, in times of war and peace, have
22 faithfully defended freedom.
23 (20 ILCS 1805/28.2 new)
24 Sec. 28.2. Administration. The Adjutant General of
25 Illinois, as Director of the Department of Military Affairs,
26 shall administer the Military Funeral Honors Program.
27 (20 ILCS 1805/28.3 new)
28 Sec. 28.3. Provision of state funeral honors. The
HB4340 Engrossed -2- LRB9111891STsbA
1 funeral honors entitlement established by this Article may be
2 provided to an eligible veteran only if (i) a request for
3 military funeral honors has been made on behalf of the
4 deceased veteran to federal authorities and (ii) military
5 funeral honors are not to be provided by federal authorities,
6 regardless of the reason. Former Governors shall be entitled
7 to funeral honors without a federal request.
8 (20 ILCS 1805/28.4 new)
9 Sec. 28.4. Eligibility. Only veterans and former
10 Governors are eligible for military funeral honors under this
11 Article. In this Article, "veteran" means an Illinois
12 resident who is a veteran as defined in subsection (h) of
13 Section 1491 of Title 10 of the United States Code. Former
14 Governors are eligible for military funeral honors because of
15 their service as Commander-in-Chief of the military forces of
16 the State of Illinois.
17 (20 ILCS 1805/28.5 new)
18 Sec. 28.5. Waiver authority.
19 (a) With approval of the Governor, the Adjutant General
20 may waive the requirement established in Section 28.3 of this
21 Article when the Adjutant General determines in writing that
22 it is in the best interests of the State of Illinois to do
23 so.
24 (b) Waiver authority under this Section may only be
25 delegated to the Assistant Adjutant General for Army or
26 Assistant Adjutant General for Air.
27 (20 ILCS 1805/28.6 new)
28 Sec. 28.6. Honors.
29 (a) A funeral honors detail shall, at a minimum, perform
30 at the funeral a ceremony that includes: the folding of a
31 United States flag; its presentation to the appropriate next
HB4340 Engrossed -3- LRB9111891STsbA
1 of kin, family member, or representative; and the playing of
2 taps. The funeral honors detail must comprise a minimum of 2
3 uniformed military members and, if available, a bugler.
4 (b) Additional elements of honors and additional
5 uniformed military personnel or other authorized providers
6 may augment the basic honors detail when deemed appropriate.
7 Authorized providers include veterans organizations and other
8 organizations and individuals that support the rendering of
9 funeral honors and who have been trained and approved by the
10 Adjutant General for that purpose.
11 (20 ILCS 1805/28.7 new)
12 Sec. 28.7. Policy.
13 (a) Upon request of the next of kin, authorized
14 representative, or funeral director on behalf of the next of
15 kin of a person eligible for military funeral honors under
16 Section 28.4, the Governor as Commander-in-Chief may, with
17 the consent of the member, order members of the Army National
18 Guard and Air National Guard to funeral honors duty to
19 prepare for and to perform military funeral honors as
20 provided in this Article. For this purpose and upon approval
21 of the Governor, the Adjutant General shall, subject to
22 adequate appropriation, order the appropriate uniformed honor
23 detail, augmented by other authorized providers, as required,
24 to attend and render the appropriate services.
25 (b) A member of the Army National Guard or Air National
26 Guard may be ordered to funeral honors duty in accordance
27 with this Article. That member shall receive an allowance of
28 $50 for any day on which a minimum of 2 hours of funeral
29 honors duty is performed. Members of the Illinois National
30 Guard ordered to funeral honors duty in accordance with this
31 Article shall be considered in the active service of the
32 State for all purposes except for pay, and the provisions of
33 Sections 52, 53, 54, 55, and 56 of the Military Code of
HB4340 Engrossed -4- LRB9111891STsbA
1 Illinois shall apply in the case of Illinois National Guard
2 personnel injured or disabled in the course of those duties.
3 (c) The Adjutant General may provide support for other
4 authorized providers who volunteer to participate in a
5 funeral honors detail conducted on behalf of the Governor.
6 This support is limited to transportation, reimbursement for
7 transportation, expenses, materials, and training.
8 (20 ILCS 1805/28.8 new)
9 Sec. 28.8. Rules. The Adjutant General, as Director of
10 the Department of Military Affairs, shall establish
11 appropriate rules to implement this program.
12 (20 ILCS 1805/28.9 new)
13 Sec. 28.9. Availability of funds. Nothing in this
14 Article shall establish any entitlement to military funeral
15 honors if the Adjutant General determines that Illinois
16 National Guard personnel are not available to perform those
17 honors or if adequate appropriated funds are not available to
18 fund this program.
19 Section 99. Effective date. This Act takes effect on
20 January 1, 2001.
[ Top ]